Garber v. Schneider

Citations

• 2022 Ohio 1777

Syllabus

GUARDIANS—PROBATE COURT—R.C. 2111.50—SUMMARY JUDGMENT—TRUSTS: The probate court erred by granting summary judgment to invalidate a trust amendment for lack of capacity where the parties presented conflicting evidence from which alternate conclusions could be drawn as to the settlor's lack of capacity. The probate court abused its discretion by sua sponte exercising its power under R.C. 2111.50(B)(4) to revoke a ward's trust amendment without complying with the notice and hearing requirements set forth in R.C. 2111.50(E).