Attorney sued by mother over alleged mishandling of deceased father’s estate

By Louisiana Record reports | Oct 3, 2014

GRETNA – A woman is suing her son for allegedly attempting to transfer estate property to his own possession.

Marie Durel Gattuso, individually and in her capacity as the independent testamentary executrix of the succession of Roy J. Gattuso, filed suit against Roy J.D. Gattuso in the 24th Judicial District Court on Aug. 11.

The plaintiff contends that she is the executor of the estate of her late husband, Roy J. Gattuso, that is currently being administered in the 24th Judicial District Court pursuant to a last will and testament he signed on Feb. 2, 2001. The plaintiff claims the defendant, her son Roy J.D. Gattuso, was acting as her attorney and transferred property from the estate to himself including a property located at 1401 Lafayette St. in Gretna and another at 3751 Barataria Blvd. in Marrero, for a nominal purchase price of $464,000 while the plaintiff contends the Lafayette Street property alone had a value of $642,000 alone.

Gattuso also alleges her son facilitated the transfer of another property located at 1101 Dupas St. from the succession to two third parties, Cattkids LLC and MG Rail Properties LLC, for $220,000 when the property had been appraised at $440,000.

The plaintiff asserts her son was later removed as her and the estate’s attorney and she is now seeking damages due to his alleged misrepresentations of information that he used for his own benefit.

The defendant is accused of breach of fiduciary duty.

The plaintiff is seeking to rescind the sales of the three homes completed by the defendant and reimbursement for lost rent income, profits and opportunities.

Gattuso is represented by Robert E. Tarcza of New Orleans-based Tarcza & Assocaites LLC.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 741-137.

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