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· 1/30/2025

Roefer v. Riley

Citations

  • 2025 Ohio 272

Syllabus

Concealment of estate assets; R.C. 2109.50; objections to the magistrate's decision; timeliness of filing; plain error; partial transcript; failure to comply with App.R. 12 and 16. Sisters filed claims/cross-claims against each other for concealment of their mother's estate assets in probate court. The court found in favor of each sister in part. One sister filed an untimely objection to the magistrate's decision, therefore we review for plain error. We affirm in part and reverse in part. The evidence in the record supports the court's findings on all but one of the concealment of \estate assets.\ One of the sisters paid off the balance of her mother's car and took her mother to have title of the car transferred to this sister. The probate court found that this was a concealment of estate assets. The evidence in the record does not support the finding that this car was an estate asset due to the timing of the title transfer. The record also does not support the probate court's finding regarding the value of the car because there was no evidence in the partial transcript that was part of the record on appeal about the value of the car.

Judges: E.A. Gallagher

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