Concealment of Estate Assets

In re: Estate of Brate, Warren App. CA2007-08-103, 2008-Ohio 3517. Probate court found decedent's daughter guilty of concealing assets and failure to return assets after Court order. Estate sought guilty daughter to pay estate's attorneys fees. Court of appeals found that though the concealment statute does not give specific authority to order the payment of attorney fees, the Probate court's finding that the decedent's daughter acted in bad faith when she concealed various estate assets, which is a part of the finding of guilt under the concealment statute, justified attorneys fees to be awarded. However, since daughter merely possessed assets and did not wrongfully possess the assets, court of appeals ruled could not be found guilty of concealment though she could be ordered to return the assets to the estate.