Madison - St. Clair Record

Tuesday, October 15, 2019

Parents sue daughter claiming conversion of funds, breach of duty

By The Madison County Record | Jun 27, 2014

Two Madison County residents are alleging their daughter stole money in her capacity as power of attorney.

Wilbert L. Cordes and Dorothy J. Cordes filed a lawsuit June 10 in the Madison County Circuit Court against Mary E. Tassinari and Michael W. Tassinari, citing breach of fiduciary duty and conversion.

The plaintiffs claim their daughter, Mary E. Tassinari, had power of attorney over Wilbert L. Cordes from April 7, 2006, to Oct. 21, 2013. The suit alleges the plaintiffs entered into a personal care contract with the defendants Nov. 1, 2011, stating the defendants would receive compensation for 20 hours of service every week for each plaintiff in the amount of $76,565 for Wilbert and $101,275 for Dorothy.

According to the complaint, the defendants arranged for the plaintiffs to move into a nursing facility in September.

The suit alleges Mary E. Tassinari used her power of attorney to sell the plaintiffs' vehicle, transfer the title of the plaintiffs' Wood River home to her name and sell their home for an amount less than $100,000, and she also withdrew a total of $59,800 from the plaintiffs' bank. The plaintiffs have not received any funds from either sale, the suit claims.

"The actions of Defendant Mary E. Tassinari were intentional, willful, and wanton, and were performed with malice..," the suit states.

The plaintiffs ask for their daughter to account for all income and assets used by her while she had Wilbert's power of attorney, for her to return $59,800 in funds that were allegedly converted, and to account for the proceeds of the sale of their car, voiding of the sale of their home, attorneys fees and court costs. They also seek punitive damages.

"Punitive damages are necessary to punish Defendant Mary e. Tassinari for her conduct and to deter her from committing similar transgressions in the future," the complaint states.

They are being represented in the case by Granite City attorney Bill T. Walker.

Madison County Circuit Court case number 14-L-847.

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