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. The appellate court upheld the probate court denying the application of a person nominated to be the executor pursuant to the testator's will without conducting a hearing. A lawsuit was filed against one of the applicants alleging that the applicant wrongfully had converted assets to herself before the decedent’s death and sought invalidation of the unlawful transfers. Despite an attorney’s competing application to administer the estate being withdrawn prior to the hearing on the appointment of the executor, the probate court denied the applicant’s unopposed application because the applicant was "legally unsuitable" to serve as the fiduciary. The Sixth District upheld the decision on appeal, stating that the lawsuit against the applicant created "a clear conflict of interest vis-à-vis her role as beneficiary and executor." As such, it was not unreasonable for the probate court to deny the application because monetary conflicts are a consideration for a finding of unsuitability.