Kryder v. Kryder
2012 Ohio 2280
Ohio Ct. App.2012Background
- Patricia Kryder sues her brothers to contest her mother Tish Kryder's will and the related trust documents.
- In 1985 Alice (Patricia's grandmother) executed a will naming Patricia as sole fiduciary; in 1990 Alice moved to Tennessee and died in 1995.
- In 1995 Patricia's parents, George Jr. and Tish, updated wills/trusts drafted to remove Patricia and her children as beneficiaries.
- George Jr. died in 2004; Tish executed a codicil in 2005 altering executors; Tish died in 2007; Stanley and George III served as executors in probate in 2008.
- Patricia filed suit in 2008 seeking to invalidate the will and trust and to reform or modify the parents’ trusts, including allegations of undue influence by George III and Stanley.
- The trial court granted summary judgment to George III and Stanley, ruling Patricia lacked standing to seek modification/reformation and found no genuine undue-influence issues; appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek trust modification or reformation | Patricia contends R.C. 5804.12/5804.15 allow non-beneficiaries to seek relief | Brothers argue Patricia lacks standing as she is neither trustee nor beneficiary | Patricia lacks standing; trial court correct. |
| Undue influence in will/trust execution | Patricia alleges her mother was susceptible and influenced by brothers | Record shows testator was strong-willed and capable; no genuine material facts on susceptibility | No genuine issue of material fact; summary judgment for brothers affirmed. |
Key Cases Cited
- West v. Henry, 173 Ohio St. 498 (Ohio 1962) (undue influence requires overpowering free will at execution)
- Krischbaum v. Dillon, 58 Ohio St.3d 58 (Ohio 1991) (burden of proof on contestants; undue influence elements)
- In re Estate of Sacco, 7th Dist. No. 03 CO 39, 2004-Ohio-3196 (7th Dist. 2004) (standing to file statutory exceptions to estate inventory)