Golub v. Golub
2012 Ohio 2509
Ohio Ct. App.2012Background
- Decedent Phoebe Golub revised her will in 2006 to split equally among three sons, Joel, Mark, and Robert.
- Robert died in 2007, leaving plaintiffs Drew and Samantha as his issue.
- A June-July 2007 sequence produced two wills: a draft allocating one-third to Mark and Joel (unsigned) and a later will disinheriting plaintiffs in favor of Mark and Joel.
- Decedent executed the July 20, 2007 will disinheriting plaintiffs; copies were sent to Mark and Joel.
- Decedent died June 15, 2009; plaintiffs challenged the will alleging undue influence; trial court granted summary judgment for defendants in 2011.
- Appeal challenges the summary judgment ruling, asserting issues about susceptibility, undue influence, and confidential relationships.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment on undue influence was proper | Golub argues unresolved facts on susceptibility and actual influence | Golub contends evidence shows no susceptibility or actual exertion | Summary judgment proper; no genuine issues on undue influence |
| Whether the trial court applied the correct standard for undue influence | Plaintiffs claim the standard improperly required lack of capacity and susceptibility | Court correctly used susceptibility standard and did not err | Court applied correct legal standard; no confidential relationship established |
Key Cases Cited
- West v. Henry, 173 Ohio St. 498 (Ohio Supreme Court 1962) (elements of undue influence and when it applies to wills)
- Feiler v. Feiler, 149 Ohio St. 17 (Ohio Supreme Court 1948) (testator's disposition subject to testamentary freedom unless undue influence shown)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio Supreme Court 1996) (summary judgment standard and Dresher framework)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio Supreme Court 1996) (burden on moving party and reciprocal burden on nonmovant under Civ.R. 56)
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367 (Ohio Supreme Court 1998) (summary judgment standard and motion burden)
- Horton v. Harwick Chem. Corp., 653 N.E.2d 1196 (Ohio Supreme Court 1995) (three-part summary judgment test)
- West v. Henry, 173 Ohio St. 498 (Ohio Supreme Court 1962) (undue influence elements and requisite showing)