Probate Litigation Attorneys

Ohio Probate Law Updates

Persons Interested in the Welfare of an Incompetent May Have the Right to Intervene in a Guardianship Proceeding
March 7, 2019
In Re: Guardianship of Bakhtiar, 2019-Ohio-581
Statutory Formalities Must Be Followed To Exercise Valid Power of Appointment in Last Will and Testament
May 17, 2017
Collins v. Hearty Investment Trust, 9th Dist. Case No. 27964, 2017-Ohio-1270.
Bank Account Joint Owner Entitled To Her Share of Assets Contributed to Account
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.
Real Property Title Passes Subject To Oil-and-Gas Lease
In re: Ball, 7th Dist. Case No. 15 BE 0004, 2016-Ohio-4917.
Executor Has Right To Defend Will Contest on Estate's Behalf
Nolan v. Hinzey, 7th Dist. Case Nos. 15 BE 0047, 0048, 2016-Ohio-4657.
Appellate court interprets personal-property bequest in will
Steiner v. Martin, 9th Dist. No. 15AP0039, 2016-Ohio-5281.
Guardianship of Edema Cardine Carpenter, Third Appellate District, Marion County, 2016-Ohio-3389
Guardianship of Edema Cardine Carpenter, Third Appellate District, Marion County, 2016-Ohio-3389.
Non-Resident Next of Kin Allowed To Intervene in Guardianship Proceeding
In re: Guardianship of Terese Sweeney, 8th Dist. Case No. 103285, 2016-Ohio-3260.
Making Trust Documents Available Satisfies Deposit Requirement To Incorporate Trust by Reference
Gehrke v. Senkiw, 2d Dist. Case No. 26829, 2016-Ohio-2657.
Fifth District Upholds Denial of Claim Presented Prior To Fiduciary's Appointment
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.
Decedent's statements admissible that demonstrate her existing state of mind
Huntington v. Riversource, 7th Dist. Case No. 2012 CI 00038, 2015-Ohio-5600.
Removal of Trustee Is Final Appealable Order
In re: Guardianship of Mull, 7th Dist. Case No. 15 BE 11, 2015-Ohio-5440.
R.C. § 2109.50 Deemed Applicable Against Former Guardians
In re: Guardianship of Fred Van Dyke, 2d District Case No. 26465, 2015-Ohio-4202.
Lawsuit for Fraud, Conspiracy, and Negligence Within Probate Court's Exclusive Jurisdiction
Estate of Dombroski v. Dombroski, 7th Dist. Case No. 14-HA-3, 2014-Ohio-5827.
Trust Beneficiary Entitled To Treble Damages Because Theft Consistent With Accounting Actions
Cartwright v. Batner, 2d Dist. Case No. 25938, 2014-Ohio-2995.
Son Fails To Meet Burden of Proof That Loan Was Gift
In Re: Estate of Ross, 11th Dist. Case No. 2015-T0009, 2015-Ohio-4030.
Claim Against Estate Can Be Presented To Estate's Attorney
Wilson v. Lawrence, 8th Dist. Case No. 102585, 2015-Ohio-4677
Creditor Cannot File Lawsuit Against Deceased Debtor in Civil Division
Huth v. Kus, 5th Dist. Case Nos. 2014 AP 10 0041, 2014 AP 10 0052, 2015-Ohio-3457.
Antilapse Statute Does Not Apply To Children of Deceased Class Member
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.
Failure To Conduct Burden-Shifting Analysis as To Undue Influence Ruling Not Basis for Reversal
In Re: Estate of Cannon, 6th Dist. Case No. L-14-1069, 2015-Ohio-390.
Motion for Relief From Judgment Will Not Revive Dismissed Will Contest
In Re: Estate of Yeager, 11th Dist. Case Nos. 2014-T0107, 2014-T-0108, 2015-Ohio-2458.
Settlement Agreement Precludes Caretaker Claim
Graham v. Boerger, 2nd District Case No. 2014-CA-17, 2015-Ohio-3261.
Self-serving Interests of Challenging Will Results in Rejection of Administrator Application
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.
Despite Nominations in Decedent's Power of Attorney, Guardian Applicants Deemed Unsuitable
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.
Slayer statute applicable to joint trust
Evans v. Evans, 4th Dist. Case Nos. 12CA5, 12CA6, 2014-Ohio-4450.
Domestic Relations Court Lacks Jurisdiction To Adjudicate Contempt Claims Against Estate
Fletcher v. The Estate of Fletcher, 11th Dist. Case No. 2013-L-084, 2014-Ohio-5377.
Affidavit From Decedent’s Attorney Allowed To Rebut Presumption of Undue Influence
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.
Order appointing an estate administrator is a not a final appealable order
In re Estate of Thomas, 9th Dist. No. 27177, 2014-Ohio-3481.
Judgment entry to appoint independent counsel for an irrevocable trust is a final appealable order
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.
Notice of appeal required to challenge trial court's handling of guardianship
In re Guardianship of Soltesz, 6th Dist. Nos. E-13-067, E-13-072, 2014-Ohio-2832.
Trust beneficiary must disclaim interest in writing and/or through deliberate and unequivocal acts
Graham v. Szuch, 8th Dist. No. 2012 ADV 181974, 2014-Ohio-1727.
Probate court allowed to consider an adult ward's wishes as to who is allowed visitation
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.
Personal property subjected to compulsory partition
Wetli v. Denny, 6th Dist. No. L-13-1043, 2014-Ohio-1009.
Decedent's past statements demonstrating state of mind as to her assets ruled admissible
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.
Attorney mistake and surrounding circumstances are grounds for not honoring transfer-on-death deed
Blausey v. Van Ness, 6th Dist. No. OT-13-011, 2013-Ohio-5624.
The Dismissal of a Guardianship Application Without Prejudice Is Not A Final, Appealable Order
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
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).
Appellate Court deems funeral luncheons to be reimbursable funeral expenses under Ohio law
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 Conduct
March 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.
The enforcement of an in terrorem clause must comply with the terms of the Will
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.
Priority of Creditors Claims Against an Estate
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.
Invalidation of a Joint Survivorship Designation Resulting From Power of Attorney Abuse
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.
Surviving Spouse Can Waive Decedent's Attorney-Client Privilege
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.
Application of the Ohio Trust Code
Cundell v. U.S. Bank, Hamilton App. Nos. C-070081, C-070082, 2007-Ohio-7067.
Appointment of Disinterested Third Party as Guardian Over Those Nominated in Power of Attorney
In Re: Guardianship of Scobie, Lucas App. No. L-07-1177, 2008-Ohio-364.
Reformation of Trust to Carry Out Charitable Intent (Application of Cy Pres)
In Re: Trust of Lowry, Henry App. No. 7-07-07, 2008-Ohio-517.
Right of Beneficiary of a Will to Sue Attorney Who Drafted the Will
Brian v. Wright, Franklin App. No. 06AP-962, 2007-Ohio-942.
Execution of Last Will and Testament While Under Guardianship
Meek v. Cowman, Washington App. No. 07CA31, 2008-Ohio-1123.
Power of Attorney Guilty of Concealment of Assets
Rusnak v. Fleming, (Trumbull Cty. Probate Ct. 2007), 144 Ohio Misc. 2d 99, 2007-Ohio-6752.
Proof of Undue Influence to Set Aside Will
Kidwell v. Pitts, Montgomery App. No. 22370, 2008-Ohio-4395.
Removal of Trustee for Conflict of Interest
In re: Trust of Bernard, Summit App. No. 24025, 2008-Ohio-48338.
Name Change of a Minor
Charles B. v. Jennifer S., Erie App. No. E-08-012, 2008-Ohio-4276.
Will Construction
In the matter of John E. Jordan, deceased, Pike App. No. 08 CA 773, 2008-Ohio-4385.
Appeal of Guardianship Ruling After Ward's Death
In re: Guardianship of Crandall, Green App. 2007 CA 45, 2008-Ohio-3479.
Authority of Power of Attorney
Grizzle v. U.S. Bank, Lawrence App. No. 07CA29, 176 Ohio App.3d 582, 2008-Ohio-3185.
Guardianship Dispute
In re: Guardianship of Mollie Florkey, Highland App. No. 07CA22, 2008-Ohio-4994.
Concealment of Estate Assets
In re: Estate of Brate, Warren App. CA2007-08-103, 2008-Ohio 3517.
Attempt to Vacate Appointment of Guardian
In re: Guardianship of Baker, Fairfield App. No. 07CA00065, 2008-Ohio-5079.
Attempt to Set Aside/Invalidate Beneficiary Designation on Life Insurance Policy
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.
Removed Guardian and Her Attorney Found in Indirect Civil Contempt
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.

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