Kiefer v. Kiefer (In Re Estate of Kiefer)

Citations

• 2017 Ohio 6997
• 95 N.E.3d 687

Syllabus

The probate court did not err by declining to instruct the jury that a presumption of undue influence arises when a fiduciary or confidential relationship exists between the donor and donee. There is little evidence of a fiduciary relationship between the decedent and Appellee. And a marital relationship alone is not sufficient to raise the presumption. The probate court did not err by overruling Appellant's motion for a new trial based on juror misconduct. Appellant forfeited this error by failing to object to the probate court's handling of the matter. Judgment affirmed.