Son Fails To Meet Burden of Proof That Loan Was Gift

In Re: Estate of Ross, 11th Dist. Case No. 2015-T0009, 2015-Ohio-4030. The appellate court upheld the trial court's determination that a $235,000 transfer from a father to his son was a loan and not a gift. The son failed to provide any evidence, besides self-serving testimony, to overcome his burden of clear and convincing evidence. The son could not establish a pattern of gift giving from his father, that a federal gift tax return was ever filed, and there was no written evidence of a gift in the father's records. Furthermore, the fact that the son made all interest payments on the loan before and after his father's death evidenced that the father never gave up ownership, dominion, or control over the loan proceeds. Accordingly, the appellate court determined that the probate court did not err in deeming the transfer was a loan and not a gift.