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 sua sponte dismissed an appeal from a probate court’s partial summary judgment on heirship, holding that the order was not a final appealable order under R.C. 2505.02 because it resolved only one party’s rights while leaving other parties’ heirship determinations for further proceedings.
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.
Fourth District holds that a breaching trustee’s inability to pay is not a defense to Probate Code section 859’s mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.
Fourth District holds that a successful petitioner in a financial-elder-abuse trust dispute may recover attorney fees under Welfare and Institutions Code section 15657.5(a), even though he also defended against the wrongdoers’ competing cross-claim for elder abuse.
First District affirms LPS conservatorship renewal and involuntary medication order for a 42-year-old man with undifferentiated schizophrenia, finding substantial evidence supports continued grave disability and incompetence to refuse antipsychotic medication.
First District affirms dismissal of an intentional-interference-with-expected-inheritance claim against the plaintiff’s brothers, holding the IIEI tort is not available where the plaintiff had an adequate remedy in probate (which she had earlier voluntarily dismissed).
Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee’s jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.