2019 Ohio 3475
Ohio Ct. App.2019Background
- Decedent Jodi Coppola received about $25,000 in cash from a public fundraiser and placed the cash in a bank safety deposit box.
- Decedent added her mother, Carol Coppola, to the box and instructed Carol to hold the funds for the benefit of decedent’s four children and to prevent companion Louis Vari from accessing them.
- After decedent’s 2012 death, Carol used portions of the funds for the children’s expenses (clothing, school supplies, a trip to Disney World); about $6,000 remained in the box in 2018.
- Vari (executor and companion) filed a concealment claim under R.C. 2109.50 seeking return of the funds to the estate.
- Probate court found the funds were held by Carol pursuant to decedent’s directions for the children (i.e., not estate assets), ruled Carol not guilty of concealment, but imposed a constructive trust over the remaining cash to be placed in four restricted accounts for the children.
- Appellate court affirmed, rejecting Vari’s arguments for relief and noting Vari failed to preserve or properly brief an accounting claim on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the safety-deposit cash constituted estate assets recoverable under an R.C. 2109.50 concealment action | Vari: The cash belonged to the decedent and thus should be part of the estate and recoverable | Coppola: The decedent placed the funds with Coppola for the children; the funds were not the decedent’s estate assets at death | The court held the funds were not estate assets at death, so concealment action fails |
| Whether appellate relief can include an accounting for funds spent on the children | Vari: Carol should be required to account for expenditures from the funds | Coppola: No concealment occurred; expenditures were consistent with decedent’s directions | The court declined accounting relief because it was not pleaded or tried and was not properly raised on appeal |
| Appropriate equitable remedy for funds held for children | Vari: (sought recovery to estate) | Coppola: Funds held and used per decedent’s instructions; remaining funds should benefit children | Court imposed a constructive trust and ordered remaining funds placed in four restricted accounts for the children |
| Whether appellant complied with briefing rules to demonstrate error on appeal | Vari: (made brief, but limited) | Coppola: appellee argued appellant failed to cite authority/raise issues properly | Court concluded appellant failed to meet App.R.16(A)(7) briefing requirements and thus did not demonstrate reversible error |
Key Cases Cited
- Walker v. Eisenberg, 184 N.E.2d 465 (recognizing that a concealment action requires the asset to have belonged to the estate)
- State v. High, 143 Ohio App.3d 232 (appellate court not required to search record for unsupported arguments)
- Ferguson v. Owens, 9 Ohio St.3d 223 (equity can impose a constructive trust where respondent acknowledges holding funds for another)