Gudenas v. Gudenas

Citations

• 2024 Ohio 3009

Syllabus

Probate breach of fiduciary duty unjust enrichment trusts estates margin loan investment accounts estate division statute of limitations expert report deadlines exclusion of expert report. In a dispute between two brothers pertaining to the division of their father's estate and contents of a trust, the probate court did not err in finding that appellant Edmund Gudenas had been unjustly enriched in the amount of $129,840.99 and the probate court's calculation arriving at this number is supported by competent, credible evidence in the record. Moreover, the probate court correctly made determinations regarding the tolling of the statute of limitations and properly excluded appellant's expert report when appellant did not submit the expert report by the probate court's deadline.