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. An Estate filed a claim for concealment of assets against the Decedent's former agent with powers of attorney to recover assets that rightfully belonged to the Estate. R.C. 2109.50 provides the court procedure used to litigate a claim for concealment of assets and it begins with a citation being issued from the court to the defendant. The procedure ends with the filing of the hearing testimony with the court. There was substantial evidence demonstrating that the defendant in this case was guilty of concealment of assets. On appeal, the defendant claimed that the lower court committed reversible error by failing to follow the exact procedure set forth by R.C. 2109.50, specifically that the defendant was not served with a citation requiring her to appear, instead was served with the concealment complaint. However, the defendant did appear, filed an answer, participated in the proceedings and never claimed that the court did not have personal jurisdiction over her until the case was over. The court held that the defense of lack of personal jurisdiction was waived because the defendant was made aware of the allegations and proceeded to defend against them.