Decedent's past statements demonstrating state of mind as to her assets ruled admissible

Fischer v. Kratus, 8th Dist. No. CV-12-789598. The plaintiffs sought to prohibit the use of statements that the decedent made to the defendant from being used in the defendant's motion for summary judgment. The decedent was the settlor and sole beneficiary of the trust, and the plaintiff contended that the statements were hearsay—statements made by someone other than the declarant to prove the truth of the matter asserted. The court found that even if the various questions/statements of the decedent were deemed hearsay, all were admissible under Ohio Evidence Rule 803(3) because the statements showed the decedent's state of mind regarding her assets. The court relied upon numerous cases that permit a statement by an individual in various settings that express a then existing mental, emotional, or physical condition. In this matter, the court found that the intent to plan as to the decedent's assets was the basis of the decedent's statement to the defendant and was therefore admissible.