Alleged Oral Contract Between Family Member and Deceased Family Member for Personal Services Can Be Proven In Absence of Written Agreement

Estate of Bohl, 12th Dist. Case Nos: CA-2015-01-005, CA-2015-01-006, 2016-Ohio-637. The son, appointed as executor of his deceased mother's estate, submitted a claim against her estate for reimbursement of $101,084.20 in medical bills and other expenses related to running the farm where his mother lived. The trial court denied the claim because the express verbal contract found to have been made between mother and son was unenforceable. The court of appeals reversed on the grounds that a family member can prove that an express contract existed with a deceased family member entirely on parol evidence. While the general presumption is that a family member rendering services to another family member is gratuitous, this presumption can be overcome by establishing, by clear and convincing evidence, the existence of an express contract between the parties. As such, the case was remanded back to the trial court to determine if the son could meet his burden of proof as to the contract's existence.