Connecticut Superior Court denies Prejudgment Remedy and declines to impose a Constructive Trust
Marinelli v. Estate of Marinelli, 2011 Conn. Super. LEXIS 1857 (2011)
The plaintiff, Michael Marinelli, brought an action against Joanne Marinelli, the executrix of the Estate of Anthony V. Marinelli, Jr. (the “Estate”) and the trustee of the Anthony V. Marinelli, Jr. Revocable Trust (the “Trust”). The decedent, Anthony V. Marineeli, Jr., fraudulently induced the plaintiff, his brother, to believe that he would receive a 50% ownership interest in real property according to the plaintiff. A family car repair business was operated on the real property in question and the plaintiff sought to impose a constructive trust. The plaintiff filed an application for a prejudgment remedy against the Estate and the Trust pursuant to Conn. Gen. Stat. § 52-278d.
The Court held a hearing on the application and found there was an absence of probable cause to believe the plaintiff would prevail. The plaintiff’s father clearly transferred title of the real property to the decedent who maintained the car repair business and assumed liability for all of its debts. The evidence presented indicated that the plaintiff voluntarily relinquished his interest in the car repair business. The apparent representations by his father and brother indicating that the plaintiff would be “taken care of” were imprecise assurances that did not persuade the Court. There was no evidence of wrongdoing engaged in by the decedent. As a result, the plaintiff’s application for a prejudgment remedy was denied.
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