2012 Ohio 4709
Ohio Ct. App.2012Background
- Decedent Cletus McCauley died December 23, 2008; estate opened; Paula Clark named executrix and later successor trustee of the McCauley Trust.
- Kaufmann, guardian of Kevin McCauley, filed inventory exceptions claiming Paula failed to list seven joint Charter One and three Huntington Bank accounts.
- Paula was removed as executrix on July 13, 2010; John Frank appointed as executor and successor trustee of the McCauley Trust on July 28, 2010 and November 18, 2010 respectively.
- November 2011 hearing and judgment found $10,000 withdrawn from Charter One accounts the day before death and Huntington Bank accounts were estate assets.
- Appeals followed: Paula challenged Huntington assets as estate assets; Frank and Kaufmann challenged disposition of assets and attorney disqualification; trial court’s rulings were affirmed.
- Court held Huntington Bank accounts were estate assets; Charter One Bank accounts were not; disqualification of Attorney Conley was not warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Huntington Bank accounts were estate assets | Clark argued Huntington accounts were not estate assets | Estate/Frank contended Huntington accounts were assets of the estate | Huntington accounts are estate assets |
| Whether Charter One Bank accounts were estate assets | Clark argued Charter One accounts were estate assets | Estate/Frank contended Charter One accounts were joint survivorship not estate | Charter One accounts were not estate assets |
| Whether the motion to disqualify Attorney Conley should have been granted | Conley represented Clark in related matters; potential conflict | Disqualification would be inappropriate; representation was limited to mediation | Trial court did not abuse discretion; disqualification denied |
Key Cases Cited
- Wright v. Bloom, 69 Ohio St.3d 596 (1994-Ohio-153) (survivorship rights presumption; post-mortem evidence limits; life-time control preserved)
- Cork v. Bray, 52 Ohio St.3d 35 (1990) (survivorship presumption; clarity of intent to transfer survivorship interest)
- Gotthardt v. Candle, 131 Ohio App.3d 831 (1999) (presumption applies to funds not created via power of attorney)
- Krichbaum v. Dillon, 58 Ohio St.3d 58 (1991) (burden to rebut presumption by preponderance of evidence)
- Spivey v. Bender, 77 Ohio App.3d 17 (1991) (abuse of discretion standard in attorney disqualification)
- Phillips v. Haidet, 1997 (1997) (three-part test for disqualification (Dana test))
- Dana Corp. v. Blue Cross & Blue Shield Mut. of N. Ohio, 900 F.2d 882 (1990) (three-part test for disqualification in related matters)
- Estate of Cunningham, Knox App. No. 89-CA-10 (1989) (fiduciary duties in power of attorney context)