Self-serving Interests of Challenging Will Results in Rejection of Administrator Application

In re: Estate of Amoroso, 8th Dist. Case No. 102484, 2015-Ohio-3352. After an applicant to administer the estate admitted during cross examination that she was upset about being left out of the decedent's will and that she would search for an older will because she believed the probated will was invalid, the appellant court upheld the trial court's decision to appoint a disinterested independent party to administer the estate. The appellate court agreed with the trial court that, pursuant to R.C. § 2113.06, the applicant was not entitled to anything under the will and had no interest in the estate that would put her within the statutory definition of "next of kin." The applicant also was not nominated to serve as executor and appeared to be seeking appointment only for the self-serving reason of challenging the decedent's will. With the other applicant unsuitable because of questionable use of a power of attorney prior to the decedent's death, the appellate court concluded that the trial court did not abuse its discretion in appointing a disinterested third party.