Petticrew’s only natural child, Thomas Flegge, will get half the residue of her estate unless the Ohio Attorney General’s Office appeals, said his attorney, Dan Harkins.
“It’s a substantial sum,” Harkins said.
The exact sum hasn’t been determined, he added.
“We’re pleased with the decision of the court of appeals,” Harkins said, “and its vindication of Tom’s interest as Mary’s surviving son.”
The attorney general’s office, which had stated the trust should stand as per her wishes, said Friday it was too premature to comment.
The other half of the residue already was awarded to Petticrew’s second husband, local dentist Dr. Louis Bourekis, Harkins said. Bourekis was not listed in her will but filed a claim as the surviving spouse.
“It’s involved because of the family relationships that existed,” Harkins said, explaining that Flegge was born prior to Petticrew’s marriage to Stanley S. Petticrew.
A local philanthropist, Mary Petticrew left behind about $9.6 million when she died at age 95 in January 2008. In her will, she bequeathed close to $580,000 to Flegge, stepchildren and others.
The residue — about $9 million — was to have created a charitable foundation.
But Petticrew left behind no instructions for how to administer a trust.
“There was nothing drafted or signed by Mary Petticrew,” Harkins said.
Clark County Probate Judge Richard Carey ruled on Nov. 17 that the money should go to a trust “to be defined,” according to Harkins.
Flegge, who lives near Cleveland, appealed the decision, arguing that he should receive the second half.
“Our position,” Harkins said, “is that the trust failed because there never was a trust.”
Contact this reporter at (937) 328-0352 or amcginn@coxohio.com.
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