The Fourth DCA affirmed the probate court’s determination that a litigant with a prior lawsuit against the decedent was not a ‘reasonably ascertainable’ creditor entitled to actual notice, where the personal representative’s diligent search of records revealed no indication of an active claim.
The Tenth District affirmed summary judgment rejecting a pro se will contest, finding the drafting attorney’s affidavit established testamentary capacity and the contestant produced no competent evidence of undue influence.
The Tenth District affirmed the probate court’s denial of a motion to vacate an order settling the final estate account, holding the heir failed to demonstrate fraud, good cause, or any statutory ground under R.C. 2109.35.
The Second District reversed the probate court’s denial of a Civ.R. 60(B) motion filed by an omitted heir, finding the heir had meritorious claims to real property that was transferred without listing him on the next-of-kin form.
The Eighth District reversed in part and remanded a summary judgment dismissing claims that nieces with power of attorney improperly changed a decedent’s life insurance beneficiary, finding res judicata did not bar claims that were not previously litigated on the merits.
The Fifth District affirmed a probate court’s interpretation of the Robert H. Fox Revocable Living Trust, holding that when all named beneficiaries died intestate and without issue, the trust assets should be distributed to the settlor’s heirs under the trust’s residual provision rather than reverting to the trustee.
The Eleventh District reversed a finding of concealment of estate assets under R.C. 2109.50, holding that the statute applies only to property the decedent owned at the time of death, not to assets transferred during the decedent’s lifetime under a power of attorney.
The Ninth District affirmed the removal of an ancillary estate administrator who had a conflict of interest, holding that his failure to file objections to the magistrate’s decision under Civ.R. 53(D)(3)(b)(iv) forfeited all appellate arguments except plain error, which he did not argue.