2019 Ohio 2112
Ohio Ct. App.2019Background
- Decedent Elase Jenkins died Nov. 2015; her will named daughter Shera as executor and Shirley Cook as alternate (who predeceased decedent). Shera was later removed for failure to act.
- Due to family discord, the probate court appointed nonfamily attorney Helen Forbes Fields as administrator in June 2016.
- Fields filed inventory (Oct. 2016), arranged cremation (after body remained in county morgue), and filed final and amended final accounts; inventory listed modest assets (house, a car, small bank balances, household goods).
- Decedent had allegedly won Ohio Lottery funds years earlier; heirs (primarily appellant Sharla Jenkins and sister Sherry) repeatedly alleged undisclosed accounts and improprieties and sought removal, additional accounting, and inclusion of alleged assets.
- A magistrate repeatedly recommended denying Sharla’s exceptions to the inventory and to the (amended) final account; the probate court adopted the magistrate’s rulings. Sharla appealed pro se.
- The appellate court affirmed, finding no abuse of discretion in appointment, inventory approval, or account approval and noting appellant’s failure to provide transcripts or affidavits to contest magistrate factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of administrator | Sharla: court should have appointed a daughter, not a nonfamily administrator; appointment of Fields improper | Fields/probate court: daughters were unsuitable due to discord; court followed statutory authority and appointed a suitable nonfamily administrator | Affirmed — court did not abuse discretion in appointing Fields; appointment proper given record and presumption of regularity without transcript |
| Removal of administrator | Sharla: Fields engaged in misconduct (incomplete inventory/accounting, improper distribution, cremation against wishes, bonding with former executor) and should be removed | Fields: she faithfully administered estate, investigated accounts, and removal grounds not shown | Affirmed — no statutory grounds shown for removal; court properly denied motion to remove |
| Inventory & appraisal | Sharla: inventory incomplete, values incorrect, personal items mishandled | Fields: inventory accurately reflects assets that came to her knowledge/control; attempted investigation found no additional assets; division of tangible personalty was reasonable | Affirmed — magistrate and court reasonably found inventory accurate; appellant failed to supply transcript/affidavit to contest factual findings |
| Final/amended account | Sharla: additional checking accounts and assets (including alleged lottery funds) were omitted; distribution of jewelry incomplete | Fields: no funds remained; further investigation cost-prohibitive and unlikely to produce assets; accounts included all assets known to administrator | Affirmed — administrator met burden; exceptor failed to prove existence of omitted assets; appellant again failed to provide transcript/affidavit to overcome magistrate findings |
Key Cases Cited
- In re Estate of Henne, 66 Ohio St.2d 232, 421 N.E.2d 506 (Ohio 1981) (definition and factors for a “suitable” and “reasonably disinterested” fiduciary)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (abuse of discretion standard)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (Ohio 1980) (appellant’s duty to provide transcript to show trial error)
- In re Estate of Vickers, 110 Ohio App. 499, 170 N.E.2d 85 (Ohio App. 1959) (probate court must follow statutory priority in appointing administrators)
- State v. Ishmail, 54 Ohio St.2d 402, 377 N.E.2d 500 (Ohio 1978) (standard limiting appellate review to the trial record)