John O’Mara was the brother of Catherine Mindnich. Mr. O’Mara was also a local lawyer. A trust was set up for Ms. Mindnich. Mr. O’Mara was made the trustee and was responsible for paying Ms. Mindnich’s living expenses and distributing the balance of the trust to her children upon death.
The Mindnich children retained Maggs & McDermott to pursue their inheritance after their mother’s death. Based upon a lengthy review of numerous documents, Maggs & McDermott sued Mr. O’Mara and obtained an order from the Court that Mr. O’Mara account for the funds of the trust while he was the trustee. Mr. O’Mara claimed that he had conducted himself properly as the trustee, and that he had properly spent all of the trust funds during Ms. Mindnich’s lifetime.
Maggs & McDermott established that Mr. O’Mara had wrongfully co-mingled assets and he had used the trust for his own personal expenses. Ultimately, Maggs & McDermott obtained judgment against Mr. O’Mara for Consumer Fraud in the amount of $334,681.36
*Results may vary depending on particular facts and legal circumstances