Probate Litigation Attorneys
Ohio Probate Law Updates
- Statutory Formalities Must Be Followed To Exercise Valid Power of Appointment in Last Will and TestamentMay 17, 2017
Collins v. Hearty Investment Trust, 9th Dist. Case No. 27964, 2017-Ohio-1270.
Karras v. Karras, 2d Dist. Case No. 26841, 2016-Ohio-8079.
- Claim for Intentional Interference With the Expectancy of Inheritance Does Not Require Present Property Interest
Brown v. Ralston, 7th Dist. Case No. 14 BE 0051, 2016-Ohio-4916.
In re: Ball, 7th Dist. Case No. 15 BE 0004, 2016-Ohio-4917.
Nolan v. Hinzey, 7th Dist. Case Nos. 15 BE 0047, 0048, 2016-Ohio-4657.
Steiner v. Martin, 9th Dist. No. 15AP0039, 2016-Ohio-5281.
Guardianship of Edema Cardine Carpenter, Third Appellate District, Marion County, 2016-Ohio-3389.
In re: Guardianship of Terese Sweeney, 8th Dist. Case No. 103285, 2016-Ohio-3260.
Gehrke v. Senkiw, 2d Dist. Case No. 26829, 2016-Ohio-2657.
Fugate-Walton v. Walton, 5th Dist. Case No. 15CAE 07 0053, 2016-Ohio-1175.
- Alleged Oral Contract Between Family Member and Deceased Family Member for Personal Services Can Be Proven In Absence of Written Agreement
Estate of Bohl, 12th Dist. Case Nos: CA-2015-01-005, CA-2015-01-006, 2016-Ohio-637.
- Attorney Sanctioned for Conflict of Interest in Representing Executor in Both Individual and Fiduciary Capacities
Cincinnati Bar Assoc. v. Roberston, Ohio Supreme Court Case No. 2014-068, 2016-Ohio-654.
Huntington v. Riversource, 7th Dist. Case No. 2012 CI 00038, 2015-Ohio-5600.
In re: Guardianship of Mull, 7th Dist. Case No. 15 BE 11, 2015-Ohio-5440.
In re: Guardianship of Fred Van Dyke, 2d District Case No. 26465, 2015-Ohio-4202.
Estate of Dombroski v. Dombroski, 7th Dist. Case No. 14-HA-3, 2014-Ohio-5827.
Cartwright v. Batner, 2d Dist. Case No. 25938, 2014-Ohio-2995.
In Re: Estate of Ross, 11th Dist. Case No. 2015-T0009, 2015-Ohio-4030.
Wilson v. Lawrence, 8th Dist. Case No. 102585, 2015-Ohio-4677
Huth v. Kus, 5th Dist. Case Nos. 2014 AP 10 0041, 2014 AP 10 0052, 2015-Ohio-3457.
Castillo v. Ott, 6th Dist. Case No. L-14-1248, 2015-Ohio-90528.
- Even When Power of Attorney Is Not Used, The Existence of One is Relevant To Determination of Whether Confidential Relationship Exists
Bayes v. Dornon, 2d District Case No. 2014-CA-129, 2015-Ohio-3053.
In Re: Estate of Cannon, 6th Dist. Case No. L-14-1069, 2015-Ohio-390.
In Re: Estate of Yeager, 11th Dist. Case Nos. 2014-T0107, 2014-T-0108, 2015-Ohio-2458.
Graham v. Boerger, 2nd District Case No. 2014-CA-17, 2015-Ohio-3261.
In re: Estate of Amoroso, 8th Dist. Case No. 102484, 2015-Ohio-3352.
- Victorious Breach-of-Trust Plaintiff Allowed Evidentiary Hearing on How Attorney/Expert Fees Apportioned Between Parties
Jakubs v. Borally, 8th Dist. Case No. 101756, 2015-Ohio-2696.
In re: Guardianship of Isabelle A. Hilt, 6th Dist. Case No. S-14-010, 2015-Ohio-3186.
- Failure To Present Sufficient Medical Evidence for Termination Results in Continuation of Guardianship
In re: Guardianship of Pinkney, 8th Dist. Case No. 102577, 2015-Ohio-2709.
Evans v. Evans, 4th Dist. Case Nos. 12CA5, 12CA6, 2014-Ohio-4450.
Fletcher v. The Estate of Fletcher, 11th Dist. Case No. 2013-L-084, 2014-Ohio-5377.
Miller v. Shreve, 5th Dist. No. 13CA3, 2014-Ohio-4612.
- Probate Court Finds Co-Executors Unsuitable for Appointment Without Hearing Because of Conflicting/Adverse Interests
In re: Estate of Deloris D. Panning, 6th Dist. No. WD-14-004, 2014-Ohio-4969.
- Guardianship Statute Does Not Require Probate Court To Deny Guardianship Application Simply Because Evidence of Less Restrictive Alternative Is Produced
In re: Guardianship of Collins, 12th Dist. Case No. CA2013-08-072, 2014-Ohio-5750.
- Failure to properly swear, certify, or authenticate evidence leads to summary judgment in will-contest action
Smith v. Gold-Kaplan, 8th Dist. No. 100015, 2014-Ohio-3195.
In re Estate of Thomas, 9th Dist. No. 27177, 2014-Ohio-3481.
In re Cletus P. McCauley & Mary A McCauley Irrevocable Trust, 5th Dist. No. 2013CA00237, 2014-Ohio-3489.
- Appeal of foreclosure order that does not dispose of all the remaining claims must be dismissed for want of a final appealable order
Estate of Small v. Bank of New York, 3d Dist. No. 15-13-10, 2014-Ohio-3546.
- Undue influence must be asserted, and testamentary capacity must not exist, at the time the testamentary documents at issue are executed
Kinchen v. A.R. May, Etc., 8th Dist. No. 100672, 2014-Ohio-3325.
In re Guardianship of Soltesz, 6th Dist. Nos. E-13-067, E-13-072, 2014-Ohio-2832.
Graham v. Szuch, 8th Dist. No. 2012 ADV 181974, 2014-Ohio-1727.
In re Guardianship of Basista, 11th Dist. No. 2013-G-3140, 2014-Ohio-1349.
- A party's attorney failing to carefully read an agreed-judgment entry does not provide a court with a basis to vacate a judgment
Estate of Bevery Hersh, 1st Dist. No. C-130212, 2014-Ohio-612.
- Dismissal entry must be conditioned upon settlement agreement or expressly reserve a court's jurisdiction to be enforceable
Infinity Security Solutions, LLC v. Karam Properties I, Ltd., 6th Dist. No. L-12-1313, 2013-Ohio-4415.
Wetli v. Denny, 6th Dist. No. L-13-1043, 2014-Ohio-1009.
Fischer v. Kratus, 8th Dist. No. CV-12-789598.
- A guardianship's termination does not foreclose the probate court's exclusive jurisdiction over matters related to the guardianship
Rheinhold v. Reichek, 8th Dist. No. CV-782576, 2014-Ohio-31.
Blausey v. Van Ness, 6th Dist. No. OT-13-011, 2013-Ohio-5624.
In re Guardianship of Dougherty, 11th Dist. App. No. 2013-A-0048.
- The Surviving Spouse's Election Against The Will Must Be Made To The Probate Judge Within Five Months of the Appointment of the Fiduciary of the Estate Or Forever Barred
In re Estate of Adams, 11th Dist. App. No. 2013-A-0042.
- The Dismissal of Exceptions to an Estate Inventory is Not a Final Appealable Order if the Exceptor's Will Not Financially Benefit from the Discovery of Additional Assets
In re Estate of Rand, 8th Dist. App. No. 99678, 2013 Ohio 4709.
- Probate court lacks jurisdiction over intentional interference with expectancy of an inheritance claim
Widdig v. Watkins, 4th Dist. No. 13-CA-3531, 2013 WL 4792544 (Aug. 22, 2013).
Nye, trustee v. Eastman Smith Ltd,, et al., 6th Dist. L-13-2013 Ohio 4742.
- Ninth District holds there is no requirement for parents to be found unfit or unsuitable before appointing a guardian to a 10-year-old cancer patient whose parents took her off chemotherapy
In re S.H., 9th Dist. No. 13CA0057-M, 2013-Ohio-3708 (Aug. 27, 2013).
In re Estate of Campbell, 2013-Ohio-1356, 989 N.E.2d 1090 (6th Dist. 2013).
- Cuyahoga County Court of Appeals states new version of Ohio probate jurisdiction statute should provide probate court with jurisdiction over intentional interference with expectation of inheritance claims
Ross v. Hornack, 8th Dist. No. 98961, 2013-Ohio-1901.
- R.C. 2109.50 Does Not Provide A Cause Of Action To Recover Real Property In Which Punitive Damages Shall Be Awarded
In re Estate of Rotilio, 7th Dist. App. No. 11 BE 9, 2013 Ohio 2878.
- In A Proceeding Which Only Affects The Rights Of The Beneficiaries, The Fiduciary Must Appeal In His Individual Capacity or Suffer Pecuniary Harm to Establish The Right To Appeal
In re Estate of Garza, 10th Dist. App. No. 12AP-1000, 2013 Ohio 2750.
- Issues of Fact Regarding A Decedents Intention When Depositing Funds Into A Bank Account May Preclude Summary Judgment
Kostyo v. Kaminiski, 9th Dist. App. No. 12CA010266, 2013 Ohio 3188.
- Lack of Evidence Demonstrating that Undue Influence Was Exerted Upon a Susceptible Testator is Grounds for Dismissal of a Will Contest
Fether v. Conkey, 3rd Dist. App. No. 4-31-01, 2013 Ohio 3196.
- Change in Statute Governing Probate Court Jurisdiction Suggests that Tortious Interference with Expectancy of Inheritance May Be Brought In Probate Court
Ross v. Hornack, 8th Dist. App. No. 98961, 2013 Ohio 1901.
- Wrongful Death Litigation Proceeds Should Be Distributed Equitably, Having Due Regard For the Injury and Loss Sustained By Each Beneficiary
In re Estate of Molitor, 12th Dist. App. No. CA2012-06-013, 2013 Ohio 525.
- Failing To Make Mortgage Payments On the Estate's Real Property Is Grounds for Removal As The Estate's Fiduciary, Even If The Property Is Worth Less Than The Mortgage
Castro v. Castro, 8th Dist. App. No. 99037, 2013 Ohio 1671.
- Self-Dealing By A Fiduciary Creates A Presumption that the Action is Invalid, and An Attorney-In-Fact Is Obligated to Demonstrate the Fairness of His or Her ConductMarch 1, 2013
Castro v. Castro, 8th Dist. App. No. 98710, 2013 Ohio 1347
- R.C. 5810.04 Provides The Court With Wide Discretion To Award Attorney Fees and Costs in a Trust Proceeding
In re Estate of Villiers, 10th Dist. App. Nos. 12AP-293, 12AP-294, 12AP-295, 12AP-296, 2013 Ohio 2560.
- Summary Judgment Dismissing Will Contest in favor of Estate Fiduciary and Beneficiaries Is Proper Where There is No Evidence of Undue Influence
Young v. Conry, 9th Dist. App. No. 12CA010152, 2013 Ohio 1223.
- A Court Ruling on Exceptions to an Estate Accounting is Not a Final Appealable Order Unless the Accounting or Inventory is Approved or Settled
In re Estate of Joseph M. Ross 11th Dist. No. 2012-T-0093, 2013 Ohio 2622.
In re Estate of Stevens (2nd Dist. App. 2012 CA 1), 2012 Ohio 4754.
- An IRA custodian waives its change of beneficiary procedures by filing an interpleader action and the clearly expressed intent of the account owner prevails
LaBlanc v. Wells Fargo (2012), 134 Ohio St.3d 250.
- The probate court may be bound to a bankruptcy court's finding of embezzlement or concealment of assets in an action to recover the funds brought in an estate proceeding
Flaughers v. Thomas (9th Dist. App. No. 26429), 2013 Ohio 1217.
- Estate Attorney Owes Fiduciary Duties to Estate Fiduciary Clients But Not Other Beneficiaries of the Estate
Ivancic v. Davies (11th Dist. App. 2011-L-050), 2012 Ohio 3639.
- Relatives Cannot Recover Damages On Behalf of Decedent Unless Decedents Estate is Party to the Action
Kitchen v. Teeters 12th Dist. App. No. 06-048, 2012 Ohio 4343.
- Accrual Date for Intentional Interference With Expectancy of Inheritance Claim Subject To Four Year Statute of Limitations
McDougal v. Vecchio, 8th Dist. App. No. 98003, 2012 Ohio 4287.
Union Bank Co. v. Heban, 6th Dist. App. No. 11-005, 2012 Ohio 30.
- Financial Institution Liable For Releasing Possession of Ward Assets To Guardianship Without Court Order Instructing Transfer of Funds
Art v. Erwin, 10th Dist. App. No. 10AP-747, 2011 Ohio 2371.
Tewksbury v. Tewksbury, (2011), 194 Ohio App. 3d 603, 2011 Ohio 3358.
- Parents Serving As Guardian of Their Child Can Be Removed Ex Parte Upon Sufficient Evidence That Notice to the Parent Could Potentially Cause Further Harm to Ward
In re Guardianship of Spangler, 11th Dist. No. 2007-G-2800, 2007-G-2802, 2011-Ohio-6686.
Hohler v. Hohler, 185 Ohio App.3d 420, 2009-Ohio-7013.
- The State of Ohio has One Year from Decedent's Death to Present a Claim Against an Estate for Medicaid Recovery
In re: Estate of Centorbi, 186 Ohio App.3d 263, 2010-Ohio-442.
Cundell v. U.S. Bank, Hamilton App. Nos. C-070081, C-070082, 2007-Ohio-7067.
In Re: Guardianship of Scobie, Lucas App. No. L-07-1177, 2008-Ohio-364.
In Re: Trust of Lowry, Henry App. No. 7-07-07, 2008-Ohio-517.
Brian v. Wright, Franklin App. No. 06AP-962, 2007-Ohio-942.
Meek v. Cowman, Washington App. No. 07CA31, 2008-Ohio-1123.
Rusnak v. Fleming, (Trumbull Cty. Probate Ct. 2007), 144 Ohio Misc. 2d 99, 2007-Ohio-6752.
Kidwell v. Pitts, Montgomery App. No. 22370, 2008-Ohio-4395.
In re: Trust of Bernard, Summit App. No. 24025, 2008-Ohio-48338.
Charles B. v. Jennifer S., Erie App. No. E-08-012, 2008-Ohio-4276.
In the matter of John E. Jordan, deceased, Pike App. No. 08 CA 773, 2008-Ohio-4385.
In re: Guardianship of Crandall, Green App. 2007 CA 45, 2008-Ohio-3479.
Grizzle v. U.S. Bank, Lawrence App. No. 07CA29, 176 Ohio App.3d 582, 2008-Ohio-3185.
In re: Guardianship of Mollie Florkey, Highland App. No. 07CA22, 2008-Ohio-4994.
In re: Estate of Brate, Warren App. CA2007-08-103, 2008-Ohio 3517.
In re: Guardianship of Baker, Fairfield App. No. 07CA00065, 2008-Ohio-5079.
Albert Ament, M.D., as Trustee of Trust Agreement between Kyung H. Kim and Albert D. Ament v. Reassure American Life Insurance Co., et al., Cuyahoga App. No. 91185, 2009-Ohio-36.
In re Guardianship of Hards, Lake App. No. 2007-L-150, 2009-Ohio-1002.
- It Is Not An Abuse Of Discretion To Overrule An Objection to A Guardian Based Solely On The Guardian's Gender
In re Guardianship of McIntire, 2nd Dist. App. No. 2012-CA-29, 2013 Ohio 5051.
- R.C. 2109.50 Provides the Procedure to Summarily Retrieve Assets that Rightfully Belong to An Estate
Mancz v. McHenry, 2nd Dist. App. No. 24728, 2012 Ohio 3285.
- A Fee Dispute Between Two Attorneys for the Same Will Contest Plaintiff Is Properly Within the Jurisdiction of the Probate Court Because the Fees Arise from the Will Contest Proceeding
Osterman v. Caltrider, 5th Dist. App. No. 12 CA 28, 2013 Ohio 1758.
- Declaratory Judgment Actions Relating to the Administration of an Estate Are Within the Exclusive Jurisdiction of the Probate Court
Patterson v. Church, 8th Dist. App. No. 99159, 2013 Ohio 1906.