Preview
i
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
SUPERIOR COURT
WORCESTER, ss 2085CV01315 |
|
LORIN P. BURROWS
Plaintiff
gil
Vv.
oA.
arrest: wu ages
JANET L. CASSIDY
Defendant
i 1
AFFIDAVIT OF JANET L. CASSIDY IN SUPPORT OF HER MOTION FOR
SUMMARY JUDMGENT ON COUNT I OF DEFENDANT’S COUNTERCLAIM /O 37
I, Janet L. Cassidy, being duly sworn, do hereby depose and say as follows: i
1 lam a retired housing authority director for the Millbury Housing Authority. Icurrently
reside in Millbury, Massachusetts. i
|
My parents were Charles and Virginia Norbeck. My sister was Marcia Burrows. Her only
child was my nephew, the Plaintiff, Lorin “Lonnie” Burrows.
|
|
1
My parents lived at 111 South Main Street. They raised me and my | sister in that home.
As they got older, they decided to place the property in trust for the benefit of me and
Marcia. They initially conveyed titled to the property into the 111 South Main Street
Realty Trust, by deed recorded in Book 12546 Page 105 and 106. he deed iis dated
December 27, 1989. I was the trustee of that trust. i
My parents changed the title to their property by conveying their home into the Norbeck
Family Irrevocable Trust. The Norbeck Family Irrevocable Trust isi dated March 10,
2005. 1
|
Town a home next to 111 South Main Street, Millbury, and lived next to ry parents
Ihave three children Erin, Mykael and Matthew, three of the four grandchildren of
Charles and Virginia Norbeck. } |
My sister Marcia, deceased, is survived by her only child, the Plaintiff, Lorin “Lonnie”
Burrows, one of four grandchildren of Charles and Virginia Norbeck.
|'
4 1
The only asset of the Norbeck Family Irrevocable Trust is the property known and
numbered as 111 South Main Street, Millbury, MA. My sister Matcia and i grew up in
that home.
|:
My parents, Charles and Virginia never opened a separate account for the Trust and never
put any other assets in the trust. They paid for all of the expenses fie their home out of
their funds. |
i
10. My daughter, Erin, moved in with my parents prior to my Father’s ‘death. ‘
11 My Father died in 2012. |
i
12. I saw my Mother on almost a daily basis, and, if there was a day I didn’t physically see
her, I certainly spoke with her. 3 !
13, My sister Marcia died unexpectedly on January 27, 2020, | i
14. After my sister died my Mother and IJ had conversations. They were1s initiated by my
Mother who started to ask what would happen when she died. Shelwas very anxious
about what would happen to Erin, as Erin had lived with her for vents, enabling my
Mother to stay in her home. |
15. I know my Mother did not want Lonnie to have 50% of her home. ishe wanted her
grandchildren to share equally after Marcia died. It was my Mother’ s choice, and her
intent, to change the provisions of the Trust. |
16. I do not have a schedule of beneficiaries for the Norbeck Family revocable Trust, but it
is my understanding that my parents originally named themselves '‘as the beneficiaries,
with my sister and I being the contingent beneficiaries.
i {
17. My mother asked me to schedule an appointment with her attorney, the same attorney
who drafted the Norbeck Family Irrevocable Trust. She first contacted thelattorney to see
whether she could change her trust. The attorney said she could and recommended anew
Last Will and Testament. '|
18. I scheduled the appointment for my mother and brought her to the! appointment.
|
19. My mother met with her attorney. He told her the documents would be ready in a week.
i
|
20. My mother had me check every day for the package from the attorney. I generally picked
up her mail for her, but she specifically was looking for, and waiting for the documents
from the attorney.
|
21. When the documents came, she had me open them and go over them with her. The
I
package included a letter of explanation and a Last Will and Testament for Virginia
\
I
Norbeck. The same day she asked me to call the attorney to schedule an appointment.
|
She had a scheduled day and time to go to the office and sign the documents
22. The day she was supposed to go the attorney’s office she suffered a fall. She ultimately
died as a result of the injury. She never made it to the attorney’s office to sign her Last
Will and Testament.
|
23. Shortly after he death I spoke with Lonnie about the Trust. He initially stated he wanted
to follow his grandmother’s wishes, but, shortly after that, he contacted me and said that
“anyone would take $100,000.00 dollars” or words to that effect. |
24. Lasked Lonnie for time to sell the property and to see if Erin could apply for a mortgage
to buy out his interest. He agreed to wait until the fall of 2020.
i
|
25. When the fall of 2020 came, I did ask Lonnie for more time to wll the property. He did
|
not agree and ultimately filed this suit.
1
26. Of course, Lonnie will get his interest in the property, once the Court detetmines what his
interest is. ‘
i
27. Once I was sued, I was not sure, based on the language of the trust, who the beneficiaries
are. I want to make sure that I am properly administering my Mother’s trust. If the
I
document she provided to me changes the beneficiaries, then Lonnie is only entitled to
9% and there are other beneficiaries. Their interests also need to be considered.
i
{
28. I think the Court should confirm who the beneficiaries are. I know what my mother’s
|
intent was, and, I believe her intent should be followed, and that her grand children should
honor her wishes. | {
29. Also, the terms of the trust seem to indicate that the property can be sold or distributed. I
think it is important to know who the beneficiaries are to determine whether a sale should
be conducted, or a distribution made. |1 1
1 |
30. My nephew will absolutely get everything the Court deems he is entitled to under the
provisions of the trust. I do not know why he felt the need to sue me. The property value
has increased over the past year, so, whatever share he receives, it will be greater than if
the property sold last year. 1
: | 1
1
31. Lonnie has not made any payments for the maintenance of the property. I/have taken a
personal loan to pay taxes, insurance, and to retain counsel for the Trust. I am entitled to
retain counsel under the terms of the trust. |
|
i
1 |
32. The letter dated February 20, 2020 from Elder & Disability Law Advocates and the Last
Will and Testament submitted with the Statement of Facts are true,and accurate
T
copies of
the documents sent to my Mother that she told me to get from the mailbox, and review
with her. I kept a copy of the letter and Last Will and Testament. 1 received these
documents when my Mother was still alive. i 1
i
Signed under the pains and penalties of perjury this 16th day of June 2021
/s/ Janet L. Cassidy
|
Janet L. Cassidy
i
i
\
Preview
i COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT SUPERIOR COURT WORCESTER, ss 2085CV01315 | | LORIN P. BURROWS Plaintiff gil Vv. oA. arrest: wu ages JANET L. CASSIDY Defendant i 1 AFFIDAVIT OF JANET L. CASSIDY IN SUPPORT OF HER MOTION FOR SUMMARY JUDMGENT ON COUNT I OF DEFENDANT’S COUNTERCLAIM /O 37 I, Janet L. Cassidy, being duly sworn, do hereby depose and say as follows: i 1 lam a retired housing authority director for the Millbury Housing Authority. Icurrently reside in Millbury, Massachusetts. i | My parents were Charles and Virginia Norbeck. My sister was Marcia Burrows. Her only child was my nephew, the Plaintiff, Lorin “Lonnie” Burrows. | | 1 My parents lived at 111 South Main Street. They raised me and my | sister in that home. As they got older, they decided to place the property in trust for the benefit of me and Marcia. They initially conveyed titled to the property into the 111 South Main Street Realty Trust, by deed recorded in Book 12546 Page 105 and 106. he deed iis dated December 27, 1989. I was the trustee of that trust. i My parents changed the title to their property by conveying their home into the Norbeck Family Irrevocable Trust. The Norbeck Family Irrevocable Trust isi dated March 10, 2005. 1 | Town a home next to 111 South Main Street, Millbury, and lived next to ry parents Ihave three children Erin, Mykael and Matthew, three of the four grandchildren of Charles and Virginia Norbeck. } | My sister Marcia, deceased, is survived by her only child, the Plaintiff, Lorin “Lonnie” Burrows, one of four grandchildren of Charles and Virginia Norbeck. |' 4 1 The only asset of the Norbeck Family Irrevocable Trust is the property known and numbered as 111 South Main Street, Millbury, MA. My sister Matcia and i grew up in that home. |: My parents, Charles and Virginia never opened a separate account for the Trust and never put any other assets in the trust. They paid for all of the expenses fie their home out of their funds. | i 10. My daughter, Erin, moved in with my parents prior to my Father’s ‘death. ‘ 11 My Father died in 2012. | i 12. I saw my Mother on almost a daily basis, and, if there was a day I didn’t physically see her, I certainly spoke with her. 3 ! 13, My sister Marcia died unexpectedly on January 27, 2020, | i 14. After my sister died my Mother and IJ had conversations. They were1s initiated by my Mother who started to ask what would happen when she died. Shelwas very anxious about what would happen to Erin, as Erin had lived with her for vents, enabling my Mother to stay in her home. | 15. I know my Mother did not want Lonnie to have 50% of her home. ishe wanted her grandchildren to share equally after Marcia died. It was my Mother’ s choice, and her intent, to change the provisions of the Trust. | 16. I do not have a schedule of beneficiaries for the Norbeck Family revocable Trust, but it is my understanding that my parents originally named themselves '‘as the beneficiaries, with my sister and I being the contingent beneficiaries. i { 17. My mother asked me to schedule an appointment with her attorney, the same attorney who drafted the Norbeck Family Irrevocable Trust. She first contacted thelattorney to see whether she could change her trust. The attorney said she could and recommended anew Last Will and Testament. '| 18. I scheduled the appointment for my mother and brought her to the! appointment. | 19. My mother met with her attorney. He told her the documents would be ready in a week. i | 20. My mother had me check every day for the package from the attorney. I generally picked up her mail for her, but she specifically was looking for, and waiting for the documents from the attorney. | 21. When the documents came, she had me open them and go over them with her. The I package included a letter of explanation and a Last Will and Testament for Virginia \ I Norbeck. The same day she asked me to call the attorney to schedule an appointment. | She had a scheduled day and time to go to the office and sign the documents 22. The day she was supposed to go the attorney’s office she suffered a fall. She ultimately died as a result of the injury. She never made it to the attorney’s office to sign her Last Will and Testament. | 23. Shortly after he death I spoke with Lonnie about the Trust. He initially stated he wanted to follow his grandmother’s wishes, but, shortly after that, he contacted me and said that “anyone would take $100,000.00 dollars” or words to that effect. | 24. Lasked Lonnie for time to sell the property and to see if Erin could apply for a mortgage to buy out his interest. He agreed to wait until the fall of 2020. i | 25. When the fall of 2020 came, I did ask Lonnie for more time to wll the property. He did | not agree and ultimately filed this suit. 1 26. Of course, Lonnie will get his interest in the property, once the Court detetmines what his interest is. ‘ i 27. Once I was sued, I was not sure, based on the language of the trust, who the beneficiaries are. I want to make sure that I am properly administering my Mother’s trust. If the I document she provided to me changes the beneficiaries, then Lonnie is only entitled to 9% and there are other beneficiaries. Their interests also need to be considered. i { 28. I think the Court should confirm who the beneficiaries are. I know what my mother’s | intent was, and, I believe her intent should be followed, and that her grand children should honor her wishes. | { 29. Also, the terms of the trust seem to indicate that the property can be sold or distributed. I think it is important to know who the beneficiaries are to determine whether a sale should be conducted, or a distribution made. |1 1 1 | 30. My nephew will absolutely get everything the Court deems he is entitled to under the provisions of the trust. I do not know why he felt the need to sue me. The property value has increased over the past year, so, whatever share he receives, it will be greater than if the property sold last year. 1 : | 1 1 31. Lonnie has not made any payments for the maintenance of the property. I/have taken a personal loan to pay taxes, insurance, and to retain counsel for the Trust. I am entitled to retain counsel under the terms of the trust. | | i 1 | 32. The letter dated February 20, 2020 from Elder & Disability Law Advocates and the Last Will and Testament submitted with the Statement of Facts are true,and accurate T copies of the documents sent to my Mother that she told me to get from the mailbox, and review with her. I kept a copy of the letter and Last Will and Testament. 1 received these documents when my Mother was still alive. i 1 i Signed under the pains and penalties of perjury this 16th day of June 2021 /s/ Janet L. Cassidy | Janet L. Cassidy i i \