Widok v. Estate of Wolf

Citations

• 2020 Ohio 5178

Syllabus

Dismiss strike affidavit deposition evidence summary judgment estate will probate jurisdiction contract statute of frauds consideration assent inheritance promises oral undue influence. The trial court did not err in dismissing the plaintiff's complaint against the beneficiaries of an estate. However, the trial court erred, in part, in granting summary judgment in favor of the estate where genuine issues of material fact remain regarding the existence and enforceability of an oral contract, the application of the equitable principles of an implied contract for services rendered, and whether the decedent interfered with an expectation of inheritance. In addition, there remain genuine issues of material fact regarding whether the decedent's financial advisor exercised undue influence over the decedent based on his participation in the interference with an expectation of inheritance.