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Ruth dismisses elderly couple's suit against daughter after plaintiff passes away

MADISON - ST. CLAIR RECORD

Tuesday, November 26, 2024

Ruth dismisses elderly couple's suit against daughter after plaintiff passes away

Madison County Circuit Court Judge Dennis Ruth dismissed a suit two weeks after it was filed by a Wood River couple who alleged their daughter stole money in her capacity as power of attorney.

Wilbert L. Cordes and Dorothy J. Cordes filed suit against Mary E. Tassinari and Michael W. Tassinari, citing breach of fiduciary duty and conversion.

Plaintiff attorney Bill T. Walker of Granite City advised the court that Dorothy Cordes, 90, passed away on June 21.

She died at VIP Manor in Wood River, according to her obituary.

"Court grants attorney Walker's oral motion and dismiss(es) this case without prejudice," Ruth wrote on June 25.

In their suit filed June 10, the plaintiffs claimed their daughter, Mary E. Tassinari, had power of attorney over Wilbert L. Cordes from April 7, 2006, to Oct. 21, 2013. The suit alleged 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 alleged 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.


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

 

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