Man says guardian, CNA Surety for improperly managed estate

By Kyla Asbury | Mar 20, 2013

WAYNE - A man is suing CNA Surety and his guardian after he claims his father's estate was improperly managed and his guardian converted personal property to his own use.

On Feb. 28, 2005, Sean Dingess’ father passed away and Jacob Dingess was appointed as his guardian, according to a complaint filed March 7 in Wayne Circuit Court.

Sean Dingess claims a surety bond by CNA Surety was posted in the amount of $60,000 to insure performance of Jacob Dingess’ duty as Sean Dingess’ guardian.

On July 7, 2005, CNA set a letter to the Wayne Family Court "indicating that they had unilaterally voided the performance of said surety bond," according to the suit.

Sean Dingess claims CNA failed to perfect any filing to be released from the surety bond and failed to set any hearing with the court for the bond to be released.

Jacob Dingess converted to his own use and improperly managed Sean Dingess’ father’s estate by improperly using non-probate assets to pay probate debts and converting personal property of Sean Dingess that was willed to him as sole beneficiary of Joseph R. Dingess' will, according to the suit.

Sean Dingess claims CNA is liable under the bond for improper action of Jacob Dingess and despite repeated demands, CNA has refused to pay the bond.

As a direct and proximate cause of CNA's refusal, the assets of Sean Dingess have been further depleted, including foreclosure of residence, waiting of the estate; IRS levy and other damages, according to the suit.

Sean Dingess is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Dennis E. Kelley.

The case has been assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 13-C-036

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