Wednesday, June 27, 2012

Panel Rules Against Lawyer in Smoron Probate Case

A panel that oversees the professional conduct of state lawyers found that local attorney John Nugent violated ethics laws in his handling of the estate of Josephine Smoron, according to a decision released this week.

The Statewide Grievance Committee ruled that Nugent knowingly ignored knowledge that Smoron had a signed will leaving her 80- to 90-acre farm to caretaker Samuel Manzo. It further found that Nugent sought to intentionally deceive and defraud Smoron of her final wishes, and lied during testimony last fall.

The committee ordered that Nugent be reprimanded for the violations, which means a copy of its findings will be published in the state’s law journal.

“We conclude that the respondent knew that Ms. Smoron had a will that left her estate to the complainant,” the report stated. “Rather than actively search for this will and confirm Ms. Smoron’s testamentary wishes, however, the respondent chose to ignore the information presented to him and develop a mechanism that would give him control over Ms. Smoron’s estate after her death and allow him to determine who would inherit her estate.”

Nugent’s attorney, James Sullivan, said the ruling was based on vague rules of administration of justice and he will appeal the decision.

“We disagree with the findings and we are going to request a hearing,” Sullivan said.

Nugent was Smoron’s conservator when she died in June 2009. Several months before she died, Nugent created two trusts and funded them with her cash assets and real estate while naming himself trustee. He also made a deal with local developer Carl Verderame to buy the property for $1.5 million for use as an access road to Verderame’s proposed sports complex off Interstate 84. Three local churches were to be named beneficiaries, not Manzo.

Shortly after Smoron’s death, Manzo learned there was only $6,000 in the estate and hired local attorney Barry Pontolillo. The case is now in the hands of three probate courts and Hartford Superior Court.

Full Article and Source:
Panel Rules Against Nugent in Southington Probate Case

See Also:
Jambed Gears of Justice in CT Probate Case Over Farm

5 comments:

  1. Happy to see the state of Conn. is doing the right thing here. I wonder if the Dee King/Daniel Gross case has prompted them.

    This article brings to mind the Rita Denmark guardianship case involving a Professional Guardian, Jetta L. Getty owner of Young at Heart Elderly Services in Port Orange FL and previous business associate of Edith Myett.

    While physically healthy, 76 yr. old Denmark WAS DOMICILED and RESIDED in Pennsylvania WITH ADVANCE DIRECTIVES in place. She took a trip to Florida with one of her daughters and just days after their arrival a dispute between Denmark's children occured. The Court became involved and Professional Guardian, Jetta Getty promised to sort out the problem and get Denmark home. Getty even purchased an airline ticket sending Denmarks daughter back to PA which they now believe was to get this daughter out of Getty's way.

    5 yrs have passed and Denmark was never returned to her domicile state, her friends and family.

    The Officers of Volusia County Court; 3 attorneys and guardian Jetta Getty, WHO WERE ALL PAID from Denmark's estate, NEVER told the Judge that Denmark was a PA resident and domicile. There IS documentation in the Volusia County court record substantiating that those Officer's all knew yet nothing has been done about it!

    Denmark's approx. $470,000.00 estate was converted into unnecessary legal fees for those 3 attorneys, guardian fees for Getty, unnecessary rent and drug charges. Some of the drugs were specifically requested by Getty who has no medical education!

    Currently Jetta Getty has Denmark in an undisclosed location refusing to tell her family where she is.

    The family assumes Getty is waiting for Denmark to die and although guardian Getty has Denmarks' Will, she has not filed it with Volusia County Court. Why?

    If you have information about this case, PLEASE contact NASGA.

    ReplyDelete
  2. I am happy about this one. Justice is a little closer....

    ReplyDelete
  3. The problem with lawyers is self-policing. Nugent should have gotten jail time.

    ReplyDelete
  4. Predators and their prey.

    "The Court became involved and Professional Guardian, Jetta Getty promised to sort out the problem and get Denmark home. Getty even purchased an airline ticket sending Denmarks daughter back to PA which they now believe was to get this daughter out of Getty's way."

    I AGREE! And I believe what Anon wrote, many people are disbelievers and that's exactly where the protection racket wants YOU!

    My feeling is guardianship is going to be involved in everyone's life for those who survive into their golden years, the gold will not be for your use it will be diverted to team guardianship while you who earned and saved are churned into a product to feed the hungry probate machine.

    Sound like a good plan to you? If not, join NASGA and do something about it or a stranger will be enjoying the fruits of your labor while you are ***** who knows somewhere isolated medicated until your dying day.

    ReplyDelete
  5. I lived in Florida and had gotten my niece out of foster care when her dad passed. Edith Murthy was her “ so called guardian “. Hahaha she stole alot from her and when I needed a computer for her I had to drive over 100 miles to her house to get it! Where all the boxes were opened. Her house was all boarded up! Hahaha I now know why! Anyway, I moved to ohio where edith quit sending checks and Getty finally after 7-8 months was put on case! I found out Edith ROBBED A CLIENT OF OVER 100,000$ and I was not surprised at all! I tried to become her guardian but so expensive and we we’re adopting her shortly. I surely hope Getty gets caught for ALL her thievery!!

    ReplyDelete