Attorney mistake and surrounding circumstances are grounds for not honoring transfer-on-death deed

Blausey v. Van Ness, 6th Dist. No. OT-13-011, 2013-Ohio-5624. The decedent had a falling out with a party who was to receive the decedent's real estate via transfer-on-death deed. After the falling out, the decedent revoked her previously executed last will and testament and her power of attorney and executed new estate-planning documents in favor of a new party. Because of an attorney mistake, the decedent failed to execute a new transfer-on-death deed in favor of the new party before the decedent died. This resulted in the real estate transferring to the disfavored party that the decedent had attempted to disinherit. The appellate court found that there had been a falling out between the decedent and the disfavored party who would receive the property under the transfer-on-death deed, that the decedent had clearly stated that she wanted the new party to take the property, that new estate documents supported that the new party would get the property, and that the attorney's error in not filing a new transfer-on-death deed led to the disfavored party getting the property under the transfer-on-death deed. The appellate court ruled that the disfavored party had become legally entitled to the property in a way against equity and good conscience. Thus, the appellate court overruled the trial court awarding summary judgment to the disfavored party and remanded the case back to the trial court to determine whether the new party's claim to the property could proceed.