Failure To Conduct Burden-Shifting Analysis as To Undue Influence Ruling Not Basis for Reversal

In Re: Estate of Cannon, 6th Dist. Case No. L-14-1069, 2015-Ohio-390. The appellate court determined that the trial court's failure to apply the burden-shifting analysis that arose because of the appellate's position as decedent's attorney in fact did not prejudice the appellant since the court determined that undue influence occurred. Testimony from doctors demonstrated that the decedent was incompetent and susceptible to undue influence. The appellate also had the opportunity to exert undue influence by virtue of residing with the decedent and being his power of attorney. As a result of the appellant's undue influence, he received advantageous loan agreements and beneficiary designations. Given all this evidence, the failure to discuss the burden shifting was not reversible error and the appellate court upheld the trial court's determination.