ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST.

ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST. (14/1675/B) — In this miscellaneous proceeding, petitioner Hildegard Sobota ("Hildegard"), who is a co-trustee of The Henry Sobota and Hildegard Sobota Irrevocable Trust (the "Trust"), one of the grantors of the Trust, and a beneficiary of the Trust, seeks construction of the Trust. Petitioner requests that the court construe the Trust: (1) so that Hildegard and Henry Sobota ("Henry"), the other grantor, "are the primary beneficiaries of the income and principal of the Trust and such is to be used for their support, maintenance, health and education"; (2) to require the trustees to pay for the expenses of a substitute residence for Henry and Hildegard Sobota (collectively, "the Sobotas"); (3) so that Susan D. Parziale ("Parziale"), Thomas Sobota, Christine Callaway, and their issue are "mere remainder beneficiaries"; (4) prohibiting Parziale from requiring the Sobotas to prove any other income, property, or sources of support in order to receive distributions of income and principal from the Trust; (5) to prohibit Parziale from transferring or expending any Trust income or principal for any purpose other than the support, maintenance, health, and education of the Sobotas; and (6) to direct Parziale to issue a check from the Trust in the amount of $48,000.00 payable to "The Oaks of Pasadena" for past due rent for the Sobotas.

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ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST. (14/1675/B) — In this miscellaneous proceeding, petitioner Hildegard Sobota (“Hildegard”), who is a co-trustee of The Henry Sobota and Hildegard Sobota Irrevocable Trust (the “Trust”), one of the grantors of the Trust, and a beneficiary of the Trust, seeks construction of the Trust. Petitioner requests that the court construe the Trust: (1) so that Hildegard and Henry Sobota (“Henry”), the other grantor, “are the primary beneficiaries of the income and principal of the Trust and such is to be used for their support, maintenance, health and education”; (2) to require the trustees to pay for the expenses of a substitute residence for Henry and Hildegard Sobota (collectively, “the Sobotas”); (3) so that Susan D. Parziale (“Parziale”), Thomas Sobota, Christine Callaway, and their issue are “mere remainder beneficiaries”; (4) prohibiting Parziale from requiring the Sobotas to prove any other income, property, or sources of support in order to receive distributions of income and principal from the Trust; (5) to prohibit Parziale from transferring or expending any Trust income or principal for any purpose other than the support, maintenance, health, and education of the Sobotas; and (6) to direct Parziale to issue a check from the Trust in the amount of $48,000.00 payable to “The Oaks of Pasadena” for past due rent for the Sobotas.

Jurisdiction has been obtained over all persons listed in the petition as necessary parties. A guardian ad litem was appointed to protect the interests of two remainder beneficiaries of the Trust who are infants. The guardian ad litem has filed his report in which he recommends that the requested relief be denied in all respects. In addition, an “Answer” in opposition to the requested relief was filed by counsel for Parziale, in which counsel also requests that the relief be denied. At a conference with a member of the Law Department on February 9, 2016, the parties agreed that the matter would be submitted to the court for determination.

ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST.

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