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 Fifth DCA affirmed a trial court’s 51%/49% distribution of a family aviation business between co-beneficiary siblings, finding that trust language requires equal overall shares but permits unequal distribution of individual assets.
The Fourth Department modifies Surrogate’s Court’s order in a will and trust contest by reinstating the objectant’s undue influence claim, finding triable issues of fact on whether the decedent’s will amendments were the product of undue influence.
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 Third Department affirms Surrogate’s Court’s grant of letters of administration to the decedent’s surviving spouse over the objections of other family members.
The Third Department partially denies a guardian’s motion for commissions on annuity payments received on behalf of an incapacitated person, addressing the proper calculation of guardian compensation.
Connecticut Appellate Court holds that the litigation privilege bars an IIED claim arising from an allegedly fraudulent probate conservatorship proceeding, ruling that downstream out-of-court conduct taken pursuant to conservator authority obtained in the proceeding cannot be carved out as independently actionable.
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 Fifth DCA reversed a $300,000 surcharge against a personal representative for breach of fiduciary duty, holding that the surcharge improperly equated the withdrawn purchase offer with actual damages without evidence of the property’s fair market value.