Estate of Paul — Probate claim deadline is not jurisdictional
The Utah Court of Appeals held that creditors timely commenced a probate proceeding and that Utah’s nonclaim statute does not limit subject-matter jurisdiction.
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Estate Administration
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Matter of Solomon — Mortgage Lien Voided: Fraudulently Obtained Letters of Administration Taint Entire Chain of Title
Appellate Division affirms that mortgage lien is void as against estate property fraudulently transferred through letters of administration obtained by misrepresentation — bona fide encumbrancer doctrine cannot protect a lender when the chain of title flows through a void (not merely voidable) instrument.
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In re Estate of Pangelinan — Supreme Court of Guam Holds Pro Se Executor Need Not Retain Counsel to Petition for Letters Testamentary
The Supreme Court of Guam unanimously reversed a probate court’s refusal to appoint a named executor, holding that neither a law license nor retained counsel is required to petition for letters testamentary under the Guam Probate Code, and that the statutory grounds of “improvidence” or “want of understanding” cannot be established solely by the petitioner’s failure to retain an attorney — even where the probate court acknowledged a severe attorney shortage on the island.
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Ceglio v. Womer – Fourth DCA Affirms Finding That Litigant Was Not ‘Reasonably Ascertainable’ Creditor of Estate
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.
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Lower v. Lower — Court affirms summary judgment rejecting will contest
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.
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In re Estate of Rogers — Tenth District rejects pro se heir’s challenge to probate accounting under R.C. 2109.35
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.
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In re Estate of Kendrick — Second District reverses denial of omitted heir’s Civ.R. 60(B) motion in real property transfer
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.
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Estate of Deckman v. Joseph — Court partially reverses summary judgment in life insurance beneficiary dispute
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.
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Smith v. Avery — Fifth District affirms trust distribution to decedent’s heirs after all named beneficiaries died without issue
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.
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Basel v. Schlarb — Eleventh District reverses concealment finding, holds R.C. 2109.50 applies only to assets owned at death
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.
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In re Haxton — Ninth District affirms removal of estate administrator, holds failure to object to magistrate’s decision forfeits appellate arguments
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.