Ohio Appeals Court Reviews Concealed Estate Assets Case

Ohio Appeals Court Reviews Concealed Estate Assets Case


A recent Ohio Court of Appeals opinion reversed a Cincinnati probate court dismissal of a concealed assets claim filed by an executor against family members.

June 03, 2012 /24-7PressRelease/ -- Family disagreements can arise in all types of estate-related legal matters, from disputes over appointment of a conservator for an aging parent to arguments over the administration of a family trust involving a business. While many differences of opinion can be resolved through a thorough airing of views and explanation of legal realities, sometimes a party decides that the matter must be resolved through probate litigation.

A recent opinion issued by the Court of Appeals of Ohio that reversed a decision from the Hamilton County Court of Common Pleas in Cincinnati considered a claim filed by an estate administrator against family members of the deceased. Estate administrators, commonly known as executors, are responsible for carrying out the wishes of the deceased in the probate administration process.


Several months after the decedent's death in 2009 following a fatal accident, the original executor filed a complaint alleging that the decedent's mother and three other individuals had concealed assets that belonged to the estate, including several vehicles and other personal property. The alleged misdeeds included the transfer of nearly $70,000 from three bank accounts affiliated with a limited liability company owned solely by the son. The mother had signatory authority over the accounts.

Protecting or Challenging an Estate via Probate Litigation

The initial executor herself passed away shortly after filing an amended complaint, and the court appointed a replacement. During this period, a local deputy sheriff was unsuccessful in three attempts to formally serve the mother with notice of the legal action. However, his notes indicated that he was on one occasion able to share the court date with her on the phone.

The mother appeared without a lawyer before a magistrate at an initial hearing and she admitted to some of the allegations while contesting others. During a two-day trial, she represented herself, questioned witnesses, provided testimony and delivered a closing statement. The mother and one other party were found guilty of concealing assets.

Subsequent to the verdict, the mother retained an estate litigation attorney and filed multiple post-trial objections to the court's decision. Recognizing that the mother had never been formally served, the trial court dismissed the complaint against her, and the executor appealed.

Because of the "quasi-criminal" nature of concealed estate assets cases, Ohio probate law expressly requires that notice by citation, attachment or warrant must be served upon any person suspected of asset concealment or embezzlement from an estate. However, the appellate court concluded that the mother had waived any argument that she had been properly served by voluntarily appearing to answer the complaint and attending the trial.


Legal Issues Involving the Powers of Executors

The first goal of estate planning is to preserve a legacy in the way a person sees fit. But a second goal is equally important: establishing confidence that those plans will be dutifully carried out. For that reason, designating a responsible family member, capable friend or trusted estate planning lawyer as executor is an important decision.

Despite those plans, disputes between estate administrators and family members can occur in many forms, and they are certainly not always initiated by the executor. Family members who have real concerns about an appointed administrator's capabilities or intentions can petition the court to seek removal of the executor.

Ohio probate attorneys serve clients by protecting their financial interests during a time that can be fraught with emotion and stress. Whether helping a client understand will and trust options or trying a case in probate, the core of that service is working to ensure that every last detail is executed properly.

Article provided by Mark Godbey & Associates

Visit us at http://www.probateandestateplanningattorney.com/



Editor's note: The Estate of Alice R. Gore also had assets concealed...by the court officers.

Alice R. Gore Estate value about 1 million dollars: Alice R. Gore, deceased, a disabled 99 year old ward of the Probate Court of Cook County, Judge Kawamoto’s courtroom was hours away from ending up in the Cook County Morgue. Alice's estate was depleted by probate court parasites and there were reportedly no funds to bury her. Her loving family paid for the burial expenses so that Alice would not have to suffer the indignity of being stacked like an Auschwitz inmate in the Cook County morgue. The judge allowed an easily manipulated, court documented, mentally disabled granddaughter to be appointed as Alice’s guardian and yet no sanctions were instituted against the judge or court officers for this blatant infraction of the law.



Strangely, 16 of Alice’s annuity checks, two of which show forged endorsements, disappeared. Alice’s daughter has a copy of a check with her signature possibly forged. The daughter’s attorney has been trying to obtain copies of the 16 other annuity checks for two years without success. Even more puzzling is a $150,000 life insurance policy owned by Alice and not inventoried into the estate by the court. The Probate Court of Cook of Cook County refuses to investigate these blatant infractions of the law. Lucius Verenus, Schoolmaster, ProbateSharks.com

KawamotoDragon.com