Background
Michael Scott Lower, proceeding pro se, challenged the will of his deceased mother, Nancy G. Lower. In April 2021, the decedent retained an attorney who prepared a Last Will and Testament and a Transfer on Death Designation Affidavit for real property. The decedent’s attorney testified by affidavit that she provided clear instructions, appeared competent, and executed the documents in his office with proper witnesses.
Michael filed a will contest alleging undue influence, lack of testamentary capacity, and improper execution. His brother, Donald Lee Lower, serving as executor, filed motions for summary judgment. The probate court granted summary judgment. Michael raised seven assignments of error on appeal.
The Court’s Holding
The Tenth District affirmed the probate court’s judgment on all seven assignments of error. The court found that the attorney’s affidavit established that the decedent had testamentary capacity, understood the nature and extent of her property, and freely expressed her wishes regarding distribution. Michael failed to produce competent evidence raising a genuine issue of material fact.
On the judicial-bias claim, the court reiterated that appellate courts lack jurisdiction to vacate a judgment based on alleged judicial bias, as such claims must be pursued through the Chief Justice of the Supreme Court of Ohio under R.C. 2701.03.
Key Takeaways
- An attorney’s affidavit detailing the decedent’s capacity, clear instructions, and proper execution of estate documents can establish a prima facie case for summary judgment in a will contest.
- A pro se will contestant must produce competent evidence, not mere allegations, to survive summary judgment on claims of undue influence or lack of capacity.
- Claims of judicial bias must be brought through an affidavit of disqualification under R.C. 2701.03 and cannot be raised as error on appeal.
Why It Matters
This case reinforces the evidentiary standard for will contests in Ohio and the importance of contemporaneous documentation of testamentary capacity by the drafting attorney. Estate planners should maintain detailed records of client communications and capacity observations, as these records can be decisive at the summary judgment stage.