Preview
Chancery Division Civ
il Cover Sheet - Genera
l Chancery Section
IN THE CIRCUIT (Rev. 11/06/13) CCCH
COU RT OF COOK 0623
COUNTY DEPART! Co UN TY , IL LINOIS
MENT, CHANCE RY
DIVISION
Mareita Benjamin
201LSCHI 2e90
n
SLENDAR/ Fs
Plaintiff TIME Cornea DoW
Ing u
nction
Michael Lawrence Bl
No, r
2015
umenthal e
Defendant
CHANCERY DIVISI
ON CIVIL COVER
GENERAL CHAN IC SHEET
ER Y SECTION
A Chancery Division Civ
actions filed in th 1¢ Gen il Co’ ver She et - General Ch lancery Sectio
eral Chancery Section n shall be filed with the
tive purposes oni: ly. of Chancery Di Vision. initial complaint in all
Please check the box Thi information contai
file in fron t of'the approp
riate cate gory which
ned her ein is for administra-
best characterizes your
0005 O Administrative Revi action being
ew
0001 G Class Action
0002 a Declaratory Judgment
0004 Injunction
0007 O General Chancery
0010 oO Accounting '
0019 OD Partition
0011 Arbitration 0020 O Quiet Title g| m
pS
t
0012 O Cettiorari 002! Quo Warranto = eens
0013 O Dissolution of Corpor 0022 O
ation Redemption Rights =x
0014 Q Dissolution of Partne =
rship 0023 O Reformation of a Cottra
0015 O Equitable Lien 0024 ct
© Rescission of a Contfa
0016 © Interpleader et
0025 © Specific Perfo rman
0017 © Mandamus ces hood
0026 O Trust Construction
0018 O Ne Exeat O Other (specify)
By: Jin-Ho Chung
Atty.No: Service via email l fro
277034 !_ © Prose 99509 accepted at; m the Opposing party/
counsel will be
Name:
by consent pursuant
Atty. for: Equip for Equality, to IIL. Sup. Court Rul
inc, es II and 131,
Address: 20 N. Michigan Ave., Ste. 300 Pro Se Only; Oy have read and agi ree
Clerk °s Office El to the terms of the
City/State/Zip Code: Chic ctronic Notice Poli
agoi_/eogo2 in to electronic notice cy and choose to opt
Telephone: from the Cler! k’s off
312-341-0022 at this email address: ice for this case
DOROTHY BROWN,
CLERK OF THE CI
RCUIT COURT OF
COOK COUNTY, IL
LINOIS
CIRCUIT COURT
OF Cl OOK COUNTY
CHANCERY pr ‘VIS
ION
MARETTA BENJAM
IN,
Plaintiff,
V. EGLSCHL 2876
CALENDAR “RO
MICHAEL BLUM, IE TIKE ons OG OM is
NTHAL, in dividual injunction
and as Trustee o. f vari ly )
ous trust a ccounts
of which Marett; ‘a Be
njamin is beneficiar ) Case No.
y, )
Defendant. ) Jury Trial is Reques
ted
)
)
Cc ‘O
SS
L AMP
ILA
NIN
TT
Plaintiff Maretta Be
njami: in, by her atto
rneys, Equip for
Equality. brings the
complaint against De following
fendant Mic! ‘hael Bl
umenthal for: (1) wi
llfully and reckless
Benjamin’s Specia ly depleting Ms.
l needs trust
by hundreds of th
ousands of dollars;
disburse moneys (2) refusing to time
from Maretta Benj ly
amin’s Special need
s trust which she
living expenses an needs for her basic
d reasonabl © care;
(3) threatening to
withhold moneys
Benjamin’s Specia from Maretta
l needs tru st which she need
s for her Teason
able care; and (4) refusing
Provide Maretta Be to
njamin with an acco
unting of her Specia
l needs trust accoun
ts,
JURISDICTION
AND VENUE
Plaintiff, Maretta
Benjamin is q resi
dent of Chicago,
Minois,
Defendant, Michael
Blumenthal is a re
sident of Chicago,
Illinois
On information an
d belief. the Specia
l needs trust and
accounts that are the the special needs
trust
subject of this action were
created in Chicago,
Illinois
woe
ay
aa
y Sie
oze kd bes
ow a
\ n awd
eee - Ce i iT
En OF THE CIRGUTT 42,Of) ae QO
{h Chane afe aE
alt S21 SAGBAL a eG
ats eH
mt wei 13
Hoe OL au HZ
ark oOit CAA
aT TEs
itLe $3070
AS $oag
ae a8
Filing Fee & 445Way OG
coment Shara it cy
oan
20 ft i 28
an
tra
tra AB
nsfice 42 Resolution Ho
.
a
ft v a8
ue
ih vn ¥aiting Ra
oRa TE ROS Hadte
Ha
eT i OF G04
a
badeWhy3 aN TOTAL?
THEN Ya)
FACTS
1
Maretta Benjamin (“Mare
tta’ ”) is a 54 year-old
woman who has been
diagnosed
with bipolar disorder, a
disability which is charac
terized by abnormal cha
n ges and fluctuations in
mood, energy, and ove
rall activity levels,
Maretta is the sole bene fic
iary of a Supplemental
Needs Trust (“special
needs
trust”), established by her
late mother, Anna Helen
Blumenthal, on Septembe
r 13, 2006, See
Special Needs Trust, att
ached hereto as Exhibit
A, at p.16.
3 Mrs. Blumenthal appo
inted Maretta’s brothe
r, defendant Michael
L. Blumenthal
(“Michael”), a licensed att
orney, as trustee of Marett
a’s special needs trust. Id.,
at p.1,
4 As the trustee, Michael
must provide for Maretta’s
current needs and also pur
an investment strategy tha
sue
t produces reasonable
long-term income whic
h will support Maretta
for the duration of her life
. See 760 ILCS 5/5§5(5).
5 Although Maretta has nev
er received a full and co
mplete accounting of the
supported by financial trust
records, the estimated
value of her trust at the
time of its creation is
believed to have been in exc
ess of one million dollar
s. See financial docume
nts distributed by
Michael Blumenthal, attached
hereto as Exhibit B.
6 In March 2008 Maretta suffered a tra
umatic brain injury dur
ing a car accident,
See affidavit of Maretta
Benjamin attached hereto as Exhibi
t C at {7. As a result of the injury,
Maretta still suffers fro
m migraine headaches,
Cognitive impairment. hyper-sensitivity to lig
and sounds, ht
and fatigue.
Maretta’s neurologist Dr.
James Young stated tha
t both Maretta
headaches and Cognitive
impairments will likely
continue for the rest of
her life. 7d, at q8
transcript of the depositio
n of Dr, James Young,
attached her eto as Exhibit E, at Ppp
.22 lines 2-22,
p.31 lines 10-13, p.32 lin
es 9-12, p.43 lines 5-8,
p.51 lines 13-19,
Michael is aware of
Maretta’s various dis
abilities because Mare
them to him several tta has mentioned
times over the years, and also because Mi
chael defended a
Maretta’s neurologist, deposition of
Dr. James Young, during which Dr. Young testified under
Maretta may not be abl oath that
e to return to work a S
a result of her traumati
c brain injury. Exhibi
V1; transcript of the t C, at
deposition of Dr, Jame
s Young, attached hereto
as Exhibit K, at p.2, p.3
lines 4-11, p.34 line 6-p 3
.35 line 4,
8 Maretta’s various disabi
lities from her trauma
tic brain injury render
hold any type of paying her unable to
job. Exhibit C, at 49;
Exhibit E at p.31 line
10. -p.32 line 8.
9 Maretta has no income
or assets other the dis
ability benefits she rec
whatever Michael disb eives and
urses from her Special
needs trust. Exhibit
C, at 710. Maretta cur
receives $1,241 per mo rently
nth in disability benefi
ts, dd.
1. Due to her traumatic bra
in injury, Maretta need
s assistance in meal Pre
cleaning and maintainin paration.
g her home, and main
taining personal hygien
e. /d. at §9.
AMAR
E NINEINVESTIM
MEEN
NTT
12. Several years ago, Mi
chael and Maretta disc
ussed investing funds
Into the stock market. from the trust
Maretta expressed her
concems to Michael
about the uncertaintie
sto ck market and said that s of the
she did not Want to invest
more than $25 000 i: in the
stock market,
at $19-20. Jd
13 Maretta later discovered
that Michael had invest
ed $250, 000 from her
stocks of a company cal trust in the
led Amarin, and that the
share Prices of Am: arin.
stock have dropped
significantly, causing
her to lose most of tha
t money, Jd. at $920,
25, 27,
14, Whenever Maretta ask
s Michael about this
or other Investments
using funds from her he has made
special needs trust. Mi
chael responds that he
is in contro! of her spec
ial
needs trust, that he
can invest any amou
nt of money from
the s pecial needs tru
and that Maretta’s op st as he sees fit,
inions do not matter.
Exhibit C, at (21.
LOEE
S ANS 1: AU GU
AU SST
T 20
2013
13
15, In August 2013, Ma
retta’s brother Robe
rt Blumenthal ¢
“Robert”), a dentist,
approached Maretta
for a six-fi 1 gure loan.
Robert told Maretta
that Michael had Sugg
he ask her for this loa ested that
n, and tha it Michael
had insisted she could
afford to give him the
loan, Id. at 922, six. Thfigure
16. Maretta asked Mich
ael for Copies of the
tax returns from his
determine whether she accountant to
had sufficient funds
in her Special needs
trust to finance the re
loan. Jd, at 723. Wh quested
ile Maretta did even
tually get copies of
lax returns, they did
account balance in her not show the
special needs trust
Instead, Michael sent
an email to Marett
12 2013 in which he a on August
assured her that the lo
an to Robert would
n ‘ot harm her specia
See Exhibit F, l needs trust.
17,Robert continued to
pressure Maretta until
she fi1 nally agreed to
$100,000. Exhibit C, loan him
at 923,
18Maretta requested to
Michael that Robert
S interest in their late
Highland Park serve parents homes in
as collateral for the
loan Jd., at (24. Fur
the: 1, Maretta e-mailed
August 12 2013 and Michae l on
asked him to draft
a written agreement
to reflect the terms
19 of the loan. id,
Maretia has never
received a Copy of
the written agre em
ent for the loan, no
she received confi mati r has
on from Michael (d
espite numerous reques
i ts) that this loan ha
memorialized or secu s been
red with collateral.
/d.
20. To date, Robert has
failed to Tepay any
of this loan, id. at
B31.
LOAN 2: OCTOBER
2013
21 In October 20] 3, Ro
bert asked Maretta
for another six. ~figur
Michael had again ad e loan, stating that
vised hi m to ask her for a loa
n from her special ne
eds trust, See Exhibit Cc.
at 925.
22, Robert appeared to be
ina total Panic, telling Ma
retta he was ina desp
financial situation and erate
needed the money rig
ht away, or he coul
d lose everything. Id.
Maretta he had Robert told
Invested most of his
money in Amari In stoc
k-—the same company
Michael had invested in which
$250,000 of Maretta
S$ trust fund mone
y against Maretta’s
that the value of Amar wishes—and
in stock had dropped
signifi cantly. Jd.
23 Maretta told Michael
that she was worried
whether she had su: fi
Special needs trust to cient funds in her
give Robert another
large loan. id,, at 27.
In response. Michael
Maretta an Acco showed
unt statement for
a Purported money
market account which indicated that
suffi cient funds to cover she had
the second loan to Ro
bert. Jd.
24 Michael and Robert
tried to explain to Ma
retta why Robert ne
figure loan, but she did eded another six-
not un derstand what they
were saying.When Maretta told
Was confused and did Michael she
not fully understand
what they were tellin
ig her, he just kept pr
Maretta to agree to essuring
the loan, Id., at 426.
25 Believing Robert was
suicidal, Maretta re
luctantly agreed to loa
$125, 000. fd, at 428 n Robert
Maretta later learned
that Michael had | oane
d Robert $168,000,
$125,000 to which she not the
had agreed, ta., at 429
.
26. Inane. “mail dated Octo
ber 18 2013, Maretta asked Michae
l to secure Robert
interest in their Par
ents’ homes as wel] as his
Condominium as c
ollateral for the Seco
Exhibit G. nd loan. See
27. Robert sent Maretta
an e-mail agreeing
to secure the second
condominium as collat loan with his
eral. See Exhibit H.
Nevertheless, in an e
mail dated October
Michael told Maretta 18 2013
that Robert's stock,
which Maretta “had he
lped [Robert} keep,”
better collateral than would be
real Property. See Ex
hibit I,
28. Maretta sent an e. “mai :
l to Michael on Octo
ber 18, 2013 in whic
her desire to secure h she affirmed
the loan with Robert’s
interest in his parents’
homes as well as his
condominium due
to the volatile nature
of stock Investments.
See Exhibit |
29 Maretta has never re
ceived confi mation
from Michael (despite
requests) that the seco numerous
nd loan has been memo
rialized or secured
with collateral, Exhi
24. bit C, at
30. To date. > Robert has
failed to Tepay any of
the second loan Mare
at 131 tta gave him, Id
MICHAEL'S MISC
ONDUCT WITH RE
SPECT To THE LO
ANS
31 Michael knew of Mare
tta’s various disabilit
ies both from his
of Maretta and from personal knowledge
the testimony of Dr.
James Young, Marett;
4's neurologist, whos
Michael attended e deposition
See ExhibitK. atp.2.
Dr Young testified
that as a result of Mare
traumatic brain injury tta’
, Maretta may not
be able to return to wor
k. See ExhibitK.
4-11, p.34 line 6- p.35 at p. 33 lines
line 4. Asa result,
Michael also knew
th at Maretta may be
the special needs tru dependent on
st for the rest of her
life. Id.
32 Instead of Protecting
Maretta’s Interests
as the trustee of her
howeve t, Michael en special needs trust,
courag ed Robert to approa
ch Maretta for a six
figure loan in August
and then failed to se 2013
cure the loan with an
y type of collateral,
des spite Maretta’s Spec
instruction to do so. ific
33.
Just a few months later,
in October 2013, Mich
ael encouraged Robert
to ask
Maretta for a second six. ~fi
gure loan--even though
he was aware that Robert
had not been able to
Tepay any of Maretta’s mo
ney from the first loan,
34,Further, despite Maretta’s
written instruction to Mic
hael to secure the second
with real Property, Michael loan
either secured it with the
devalued, volatile Amar
in stock that Robert
had purchased using the
first loan Maretta gave Rob
ert, or did not secure it
at all.
35, Despite multiple Tequests
by Maretta, Michael has ref
used to Provide her with a
written instrument or other
evidence showing that eit
her of the loans she gave
to Robert has been
secured
MICHAEL’S REFUSAL
TO PROVIDE A FULL
ACCOUNTING
36. Maretta’s special needs tru
st specifi ically provides tha
t, “ [uJpon the request of any
beneficiary. the Trustee sha
ll furnish to each bene: fic
iary an account [sic '] showin
g the receipts
and disbursements of the
Trust Estate and an accoun
t [sic] showing the i Invent
ory of the Trust
Estate.” See Exhibit A,
p.12.
37. To-date, despite multip
le requests, Maretta has
never received a complete
accounting of the Trust Est and ful!
ate showing the Teceipts
and disbursements or sh
owing the inventory
of the Trust Estate within
the past six years. Exhibi
t C, at 96.
38. Maretta most recently req
uested a full and complete
account of the trust in an
mail to Michael dated e-
September 23,2014. See Exhibit J.
MICHAEL °S PATTERN
OF MISCONDUCT
39 In addition, over the Cou
rse of the last six years,
Michael has engaged in
ongoing pattern of refusi an
ng and/or unreasonably
delaying Payment for Mar
etta’s necessary
xpenses,
40. Michael’s Pattern
of misconduct incl
udes:
Failure to Pay Mare
tta’s credit card bi
lowers her overall ill on time Which
Tesults in late fees
¢: tedit rating (Exhi bit and
Failure to make C, at 716
tim ely payments for
to her disabilities) the home Services th
once per month (aro at Maretta Tequires
organizing her ap: und $8. 5) to assist he (due
artment (d., at 413) r with cleaning an
Threats of refusal ; d
tom. ake paymen
which she needs for ts for Maretta’s 1
he: traumatic b rain eplacement Palm Pi
appointments, and injury to ke P track lot device
manage her fi Inance of contacts medical
Threatening to file s (ld. at 415);
a guardianshi Ip petiti
Preview
Chancery Division Civ il Cover Sheet - Genera l Chancery Section IN THE CIRCUIT (Rev. 11/06/13) CCCH COU RT OF COOK 0623 COUNTY DEPART! Co UN TY , IL LINOIS MENT, CHANCE RY DIVISION Mareita Benjamin 201LSCHI 2e90 n SLENDAR/ Fs Plaintiff TIME Cornea DoW Ing u nction Michael Lawrence Bl No, r 2015 umenthal e Defendant CHANCERY DIVISI ON CIVIL COVER GENERAL CHAN IC SHEET ER Y SECTION A Chancery Division Civ actions filed in th 1¢ Gen il Co’ ver She et - General Ch lancery Sectio eral Chancery Section n shall be filed with the tive purposes oni: ly. of Chancery Di Vision. initial complaint in all Please check the box Thi information contai file in fron t of'the approp riate cate gory which ned her ein is for administra- best characterizes your 0005 O Administrative Revi action being ew 0001 G Class Action 0002 a Declaratory Judgment 0004 Injunction 0007 O General Chancery 0010 oO Accounting ' 0019 OD Partition 0011 Arbitration 0020 O Quiet Title g| m pS t 0012 O Cettiorari 002! Quo Warranto = eens 0013 O Dissolution of Corpor 0022 O ation Redemption Rights =x 0014 Q Dissolution of Partne = rship 0023 O Reformation of a Cottra 0015 O Equitable Lien 0024 ct © Rescission of a Contfa 0016 © Interpleader et 0025 © Specific Perfo rman 0017 © Mandamus ces hood 0026 O Trust Construction 0018 O Ne Exeat O Other (specify) By: Jin-Ho Chung Atty.No: Service via email l fro 277034 !_ © Prose 99509 accepted at; m the Opposing party/ counsel will be Name: by consent pursuant Atty. for: Equip for Equality, to IIL. Sup. Court Rul inc, es II and 131, Address: 20 N. Michigan Ave., Ste. 300 Pro Se Only; Oy have read and agi ree Clerk °s Office El to the terms of the City/State/Zip Code: Chic ctronic Notice Poli agoi_/eogo2 in to electronic notice cy and choose to opt Telephone: from the Cler! k’s off 312-341-0022 at this email address: ice for this case DOROTHY BROWN, CLERK OF THE CI RCUIT COURT OF COOK COUNTY, IL LINOIS CIRCUIT COURT OF Cl OOK COUNTY CHANCERY pr ‘VIS ION MARETTA BENJAM IN, Plaintiff, V. EGLSCHL 2876 CALENDAR “RO MICHAEL BLUM, IE TIKE ons OG OM is NTHAL, in dividual injunction and as Trustee o. f vari ly ) ous trust a ccounts of which Marett; ‘a Be njamin is beneficiar ) Case No. y, ) Defendant. ) Jury Trial is Reques ted ) ) Cc ‘O SS L AMP ILA NIN TT Plaintiff Maretta Be njami: in, by her atto rneys, Equip for Equality. brings the complaint against De following fendant Mic! ‘hael Bl umenthal for: (1) wi llfully and reckless Benjamin’s Specia ly depleting Ms. l needs trust by hundreds of th ousands of dollars; disburse moneys (2) refusing to time from Maretta Benj ly amin’s Special need s trust which she living expenses an needs for her basic d reasonabl © care; (3) threatening to withhold moneys Benjamin’s Specia from Maretta l needs tru st which she need s for her Teason able care; and (4) refusing Provide Maretta Be to njamin with an acco unting of her Specia l needs trust accoun ts, JURISDICTION AND VENUE Plaintiff, Maretta Benjamin is q resi dent of Chicago, Minois, Defendant, Michael Blumenthal is a re sident of Chicago, Illinois On information an d belief. the Specia l needs trust and accounts that are the the special needs trust subject of this action were created in Chicago, Illinois woe ay aa y Sie oze kd bes ow a \ n awd eee - Ce i iT En OF THE CIRGUTT 42,Of) ae QO {h Chane afe aE alt S21 SAGBAL a eG ats eH mt wei 13 Hoe OL au HZ ark oOit CAA aT TEs itLe $3070 AS $oag ae a8 Filing Fee & 445Way OG coment Shara it cy oan 20 ft i 28 an tra tra AB nsfice 42 Resolution Ho . a ft v a8 ue ih vn ¥aiting Ra oRa TE ROS Hadte Ha eT i OF G04 a badeWhy3 aN TOTAL? THEN Ya) FACTS 1 Maretta Benjamin (“Mare tta’ ”) is a 54 year-old woman who has been diagnosed with bipolar disorder, a disability which is charac terized by abnormal cha n ges and fluctuations in mood, energy, and ove rall activity levels, Maretta is the sole bene fic iary of a Supplemental Needs Trust (“special needs trust”), established by her late mother, Anna Helen Blumenthal, on Septembe r 13, 2006, See Special Needs Trust, att ached hereto as Exhibit A, at p.16. 3 Mrs. Blumenthal appo inted Maretta’s brothe r, defendant Michael L. Blumenthal (“Michael”), a licensed att orney, as trustee of Marett a’s special needs trust. Id., at p.1, 4 As the trustee, Michael must provide for Maretta’s current needs and also pur an investment strategy tha sue t produces reasonable long-term income whic h will support Maretta for the duration of her life . See 760 ILCS 5/5§5(5). 5 Although Maretta has nev er received a full and co mplete accounting of the supported by financial trust records, the estimated value of her trust at the time of its creation is believed to have been in exc ess of one million dollar s. See financial docume nts distributed by Michael Blumenthal, attached hereto as Exhibit B. 6 In March 2008 Maretta suffered a tra umatic brain injury dur ing a car accident, See affidavit of Maretta Benjamin attached hereto as Exhibi t C at {7. As a result of the injury, Maretta still suffers fro m migraine headaches, Cognitive impairment. hyper-sensitivity to lig and sounds, ht and fatigue. Maretta’s neurologist Dr. James Young stated tha t both Maretta headaches and Cognitive impairments will likely continue for the rest of her life. 7d, at q8 transcript of the depositio n of Dr, James Young, attached her eto as Exhibit E, at Ppp .22 lines 2-22, p.31 lines 10-13, p.32 lin es 9-12, p.43 lines 5-8, p.51 lines 13-19, Michael is aware of Maretta’s various dis abilities because Mare them to him several tta has mentioned times over the years, and also because Mi chael defended a Maretta’s neurologist, deposition of Dr. James Young, during which Dr. Young testified under Maretta may not be abl oath that e to return to work a S a result of her traumati c brain injury. Exhibi V1; transcript of the t C, at deposition of Dr, Jame s Young, attached hereto as Exhibit K, at p.2, p.3 lines 4-11, p.34 line 6-p 3 .35 line 4, 8 Maretta’s various disabi lities from her trauma tic brain injury render hold any type of paying her unable to job. Exhibit C, at 49; Exhibit E at p.31 line 10. -p.32 line 8. 9 Maretta has no income or assets other the dis ability benefits she rec whatever Michael disb eives and urses from her Special needs trust. Exhibit C, at 710. Maretta cur receives $1,241 per mo rently nth in disability benefi ts, dd. 1. Due to her traumatic bra in injury, Maretta need s assistance in meal Pre cleaning and maintainin paration. g her home, and main taining personal hygien e. /d. at §9. AMAR E NINEINVESTIM MEEN NTT 12. Several years ago, Mi chael and Maretta disc ussed investing funds Into the stock market. from the trust Maretta expressed her concems to Michael about the uncertaintie sto ck market and said that s of the she did not Want to invest more than $25 000 i: in the stock market, at $19-20. Jd 13 Maretta later discovered that Michael had invest ed $250, 000 from her stocks of a company cal trust in the led Amarin, and that the share Prices of Am: arin. stock have dropped significantly, causing her to lose most of tha t money, Jd. at $920, 25, 27, 14, Whenever Maretta ask s Michael about this or other Investments using funds from her he has made special needs trust. Mi chael responds that he is in contro! of her spec ial needs trust, that he can invest any amou nt of money from the s pecial needs tru and that Maretta’s op st as he sees fit, inions do not matter. Exhibit C, at (21. LOEE S ANS 1: AU GU AU SST T 20 2013 13 15, In August 2013, Ma retta’s brother Robe rt Blumenthal ¢ “Robert”), a dentist, approached Maretta for a six-fi 1 gure loan. Robert told Maretta that Michael had Sugg he ask her for this loa ested that n, and tha it Michael had insisted she could afford to give him the loan, Id. at 922, six. Thfigure 16. Maretta asked Mich ael for Copies of the tax returns from his determine whether she accountant to had sufficient funds in her Special needs trust to finance the re loan. Jd, at 723. Wh quested ile Maretta did even tually get copies of lax returns, they did account balance in her not show the special needs trust Instead, Michael sent an email to Marett 12 2013 in which he a on August assured her that the lo an to Robert would n ‘ot harm her specia See Exhibit F, l needs trust. 17,Robert continued to pressure Maretta until she fi1 nally agreed to $100,000. Exhibit C, loan him at 923, 18Maretta requested to Michael that Robert S interest in their late Highland Park serve parents homes in as collateral for the loan Jd., at (24. Fur the: 1, Maretta e-mailed August 12 2013 and Michae l on asked him to draft a written agreement to reflect the terms 19 of the loan. id, Maretia has never received a Copy of the written agre em ent for the loan, no she received confi mati r has on from Michael (d espite numerous reques i ts) that this loan ha memorialized or secu s been red with collateral. /d. 20. To date, Robert has failed to Tepay any of this loan, id. at B31. LOAN 2: OCTOBER 2013 21 In October 20] 3, Ro bert asked Maretta for another six. ~figur Michael had again ad e loan, stating that vised hi m to ask her for a loa n from her special ne eds trust, See Exhibit Cc. at 925. 22, Robert appeared to be ina total Panic, telling Ma retta he was ina desp financial situation and erate needed the money rig ht away, or he coul d lose everything. Id. Maretta he had Robert told Invested most of his money in Amari In stoc k-—the same company Michael had invested in which $250,000 of Maretta S$ trust fund mone y against Maretta’s that the value of Amar wishes—and in stock had dropped signifi cantly. Jd. 23 Maretta told Michael that she was worried whether she had su: fi Special needs trust to cient funds in her give Robert another large loan. id,, at 27. In response. Michael Maretta an Acco showed unt statement for a Purported money market account which indicated that suffi cient funds to cover she had the second loan to Ro bert. Jd. 24 Michael and Robert tried to explain to Ma retta why Robert ne figure loan, but she did eded another six- not un derstand what they were saying.When Maretta told Was confused and did Michael she not fully understand what they were tellin ig her, he just kept pr Maretta to agree to essuring the loan, Id., at 426. 25 Believing Robert was suicidal, Maretta re luctantly agreed to loa $125, 000. fd, at 428 n Robert Maretta later learned that Michael had | oane d Robert $168,000, $125,000 to which she not the had agreed, ta., at 429 . 26. Inane. “mail dated Octo ber 18 2013, Maretta asked Michae l to secure Robert interest in their Par ents’ homes as wel] as his Condominium as c ollateral for the Seco Exhibit G. nd loan. See 27. Robert sent Maretta an e-mail agreeing to secure the second condominium as collat loan with his eral. See Exhibit H. Nevertheless, in an e mail dated October Michael told Maretta 18 2013 that Robert's stock, which Maretta “had he lped [Robert} keep,” better collateral than would be real Property. See Ex hibit I, 28. Maretta sent an e. “mai : l to Michael on Octo ber 18, 2013 in whic her desire to secure h she affirmed the loan with Robert’s interest in his parents’ homes as well as his condominium due to the volatile nature of stock Investments. See Exhibit | 29 Maretta has never re ceived confi mation from Michael (despite requests) that the seco numerous nd loan has been memo rialized or secured with collateral, Exhi 24. bit C, at 30. To date. > Robert has failed to Tepay any of the second loan Mare at 131 tta gave him, Id MICHAEL'S MISC ONDUCT WITH RE SPECT To THE LO ANS 31 Michael knew of Mare tta’s various disabilit ies both from his of Maretta and from personal knowledge the testimony of Dr. James Young, Marett; 4's neurologist, whos Michael attended e deposition See ExhibitK. atp.2. Dr Young testified that as a result of Mare traumatic brain injury tta’ , Maretta may not be able to return to wor k. See ExhibitK. 4-11, p.34 line 6- p.35 at p. 33 lines line 4. Asa result, Michael also knew th at Maretta may be the special needs tru dependent on st for the rest of her life. Id. 32 Instead of Protecting Maretta’s Interests as the trustee of her howeve t, Michael en special needs trust, courag ed Robert to approa ch Maretta for a six figure loan in August and then failed to se 2013 cure the loan with an y type of collateral, des spite Maretta’s Spec instruction to do so. ific 33. Just a few months later, in October 2013, Mich ael encouraged Robert to ask Maretta for a second six. ~fi gure loan--even though he was aware that Robert had not been able to Tepay any of Maretta’s mo ney from the first loan, 34,Further, despite Maretta’s written instruction to Mic hael to secure the second with real Property, Michael loan either secured it with the devalued, volatile Amar in stock that Robert had purchased using the first loan Maretta gave Rob ert, or did not secure it at all. 35, Despite multiple Tequests by Maretta, Michael has ref used to Provide her with a written instrument or other evidence showing that eit her of the loans she gave to Robert has been secured MICHAEL’S REFUSAL TO PROVIDE A FULL ACCOUNTING 36. Maretta’s special needs tru st specifi ically provides tha t, “ [uJpon the request of any beneficiary. the Trustee sha ll furnish to each bene: fic iary an account [sic '] showin g the receipts and disbursements of the Trust Estate and an accoun t [sic] showing the i Invent ory of the Trust Estate.” See Exhibit A, p.12. 37. To-date, despite multip le requests, Maretta has never received a complete accounting of the Trust Est and ful! ate showing the Teceipts and disbursements or sh owing the inventory of the Trust Estate within the past six years. Exhibi t C, at 96. 38. Maretta most recently req uested a full and complete account of the trust in an mail to Michael dated e- September 23,2014. See Exhibit J. MICHAEL °S PATTERN OF MISCONDUCT 39 In addition, over the Cou rse of the last six years, Michael has engaged in ongoing pattern of refusi an ng and/or unreasonably delaying Payment for Mar etta’s necessary xpenses, 40. Michael’s Pattern of misconduct incl udes: Failure to Pay Mare tta’s credit card bi lowers her overall ill on time Which Tesults in late fees ¢: tedit rating (Exhi bit and Failure to make C, at 716 tim ely payments for to her disabilities) the home Services th once per month (aro at Maretta Tequires organizing her ap: und $8. 5) to assist he (due artment (d., at 413) r with cleaning an Threats of refusal ; d tom. ake paymen which she needs for ts for Maretta’s 1 he: traumatic b rain eplacement Palm Pi appointments, and injury to ke P track lot device manage her fi Inance of contacts medical Threatening to file s (ld. at 415); a guardianshi Ip petiti