Todd v. Epling

Citations

• 2025 Ohio 399

Syllabus

The judgment of the probate court denying attorney fees requested by a trustee is affirmed. A decedent's separation agreement clearly intended the terms of the agreement to be binding on the parties' heirs or assigns, which, according to the terms of the decedent's will, included the trustee. Such terms included the attorney fee provision in the separation agreement. However, the trustee did not enforce a default of the separation agreement in the probate court, which was the only basis for an award of fees under that provision. Furthermore, the probate court did not abuse its discretion when denying an award of attorney fees based on the opposing party's alleged bad faith.