Brother-in-law named guardian

WARREN -- A portion of Jane Ellen Kleese's estate will be overseen by her former brother-in-law.
During a hearing Tuesday, Trumbull County Probate Judge Thomas A. Swift appointed Robert Kleese of Warren guardian over bank accounts for the minor children of the woman who was found dead in the basement of her Niles home last January.
The 35-year-old woman was found at the bottom of the basement stairs in the Cynthia Street home she shared with her husband, James.
Police initially believed her death was an accident -- she was on medication to treat symptoms of multiple sclerosis -- but an autopsy ruled the case a homicide. The cause of death is listed as asphyxiation, but police and representatives from the coroner's office have declined to cite what evidence led them to that ruling.
No arrests have been made in the case. Niles police officials have declined to comment on whether they have a suspect.
But in court Tuesday, Jane Kleese's sisters, sister-in-law and mother objected to Robert Kleese's being named guardian because of the open status of the case.
"This being a homicide and seeing who the suspect is, we object to this," said Cheryl Boor of Hubbard, Jane's sister. Boor never said the name of the person she believes is the suspect.
Attorney Robert F. Burkey, who represented the children, their father and their uncle, said he was "aware of the situation that surrounds this ... we are not here to make life difficult for anyone."
Burkey added, however, that Robert Kleese would have no direct access to the money, and that even once the children reached the age of 18 the court would need to make a ruling to release the funds to them.
Divided into accounts
In his ruling, Judge Swift stipulated that the money from a $100,000 life insurance policy be divided into interest-bearing accounts for the children -- a 17-year-old boy and a 13-year-old girl -- and that any withdrawals made on the accounts must be first approved through probate court.
Earlier in the hearing, Judge Swift briefly discussed the possibility of appointing an independent third party to oversee the funds for the children, which Boor and her family were willing to agree to, but Burkey said one of the reasons Robert Kleese was asking to serve as guardian was because he agreed not to charge any fees, which a third party might do.
Burkey also said that James Kleese had already waived any claim to the funds from the insurance policy. The life insurance policy was the only item in Jane Kleese's will that was left to her children. The rest of her estate was willed to her husband; the estate is being contested in probate court. A hearing on that matter has not yet been set.
slshaulis@vindy.com