2022 Ohio 951
Ohio Ct. App.2022Background
- Decedent died intestate in 2016; estate assets consisted of excess proceeds from a sheriff's sale (~$90K).
- Robert B. Handelman, an attorney, was appointed administrator in 2018; heirs had signed waivers and a money-recovery agreement with CashBack Services for a 33.33% finder’s fee (agreement signed by an heir pre-estate opening).
- Handelman filed a partial fiduciary account showing payment of $25,424.65 to CashBack and later a final account reflecting distribution to heirs (zero balance).
- A hearing on the accounts was scheduled for March 4, 2019; Handelman filed a memorandum concerning the finder’s fee and did not appear at the hearing.
- The magistrate concluded the finder's-fee contract did not bind the estate, disapproved the accounts, and ordered amended accounts excluding payment to CashBack; the probate court adopted the magistrate’s decision and Handelman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probate court abused its discretion by overruling Handelman’s objections because he lacked a transcript and the scheduled hearing was cancelled, forcing noncompliance with Civ.R. 53(D)(3)(b)(iii) | Handelman: the magistrate requested a memorandum, then the hearing was cancelled (per a court assistant’s call), the clerk refused his praecipe for a transcript, so he could not supply the transcript/affidavit required to support objections | Court/magistrate: record shows notice and an order to appear; Handelman did not appear and did not request a new hearing or submit additional evidence; he failed to supply transcript/affidavit; the court independently reviewed the legal issue and had authority under R.C. 2109.32(A) to disallow the fee | The appellate court affirmed. It found Handelman’s cancellation assertion unsupported by the record, his objections lacked the required transcript/affidavit, and the trial court had an independent, permissible basis to disallow the payment to CashBack and disapprove the accounts. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard described)
- Chubb v. Ohio Bur. of Workers' Comp., 81 Ohio St.3d 275 (Ohio 1998) (waiver requires voluntary relinquishment of a known right)