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. Using her power of attorney, Decedent's daughter transferred two parcels of Decedent's real property to herself as joint owner and one parcel of Decedent's real property to her and her brother as joint owners. Upon Decedent's death, Decedent's son was appointed fiduciary of his estate and prevailed on the Estate's action for concealment of assets pursuant to R.C. 2109.50, for the return of the real property to the Estate and the statutory penalty of 10% and attorney fees. On appeal, the court carefully reviewed R.C. 2109.50 and held that the statute does not provide for the recovery of real property, instead, specifically providing a cause of action for "money, chattels or choses in action." Because the statute did not specifically provide for the recovery of real property, the court reversed the statutory award of 10% penalty and attorney fees. The court's order to invalidate the real property deeds at issue was affirmed because the probate court possessed the power to order that the real property in question was an estate asset.