In re Estate of Weiner

Citations

• 2019 Ohio 2354

Syllabus

Following proceedings encompassing nearly two decades, this appeal arises from the probate court's judgment approving the Estate's application for attorney's fees incurred before June 22, 2005 but declining to approve any attorney's fees after this date. This judgment prompted appeals from the Estate and two beneficiaries. The probate court abused its discretion by denying all attorney's fees incurred after June 22, 2005 thus, a remand is necessary to allow further consideration of such fees. Conversely, the probate court's approval of attorney's fees incurred before June 22, 2005 was not an abuse of discretion. Furthermore, the probate court did not err by failing to award attorney's fees to a requesting beneficiary. The probate court also did not err by finding that the executor could demand a release of liability in exchange for his voluntary resignation as executor of the estate. The probate court did not err in its resolution of discovery disputes. Finally, a beneficiary's due process rights were not violated by the probate court's regulation of his conduct at a hearing. Judgment affirmed in part, reversed in part, and remanded for further proceedings.