IN RE ESTATE OF McCAULEY

No. 2011CA00272.

2012 Ohio 4709

IN RE: ESTATE OF CLETUS P. McCAULEY, DECEASED.

Court of Appeals of Ohio, Fifth District, Stark County.

October 9, 2012.


Attorney(s) appearing for the Case

CRAIG T. CONLEY , 604 Huntington Plaza, 220 Market Avenue South, Canton, OH 44702, For Paula A. Clark.

TERRENCE L. SEEBERGER , 3475 Ridgewood Road, Akron, OH 44333, For Philip S. Kaufmann.

JOHN R. FRANK , T.K. Harris Building, Suite 102A, 3930 Fulton Drive, NW, Canton, OH 44718, For Estate of Cletus P. McCauley & Trustee of the McCauleys' Trust.

William B. Hoffman, P.J., Sheila G. Farmer, J. and Julie A. Edwards, J., Judges.


OPINION

FARMER, J.

{¶1} On December 23, 2008, Cletus McCauley passed away. An estate was opened (Case Nos. 204989 and 209055), and decedent's daughter, appellant, Paula Clark, was named executrix of the estate. Prior to his death, Mr. McCauley, together with his wife Mary who passed away on August 9, 2008, executed an irrevocable special needs trust for the benefit of their son, Kevin McCauley (hereinafter "McCauley Trust"). Appellant was...

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