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 brought concealment of assets claim against Defendants for recovery of decedent's lockbox with $67,000 in cash. Defendants sought bankruptcy protection and estate filed adversary claim over lockbox in bankruptcy proceedings. Bankruptcy court concluded that estate proved by preponderance of evidence that defendants had obtained estate assets through the fraudulent or wrongful taking without consent. Estate asked probate court in concealment of assets lawsuit to apply res judicata and bind the defendants to the bankruptcy court's finding. Court of appeals concluded that the probate court was required to apply the bankruptcy court's finding and conclude the defendants were guilty of a concealment of estate asset.