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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
Mar 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.
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.
The Execution of A Settlement Agreement Releasing Claims Involving the Validity and Enforceability of Estate Planning Documents May Preclude An Intentional Interference With Expectancy of Inheritance Claim
Thompson v. Butler, 2nd Dist. App. No. 25408, 2013 Ohio 1075.

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