Narrative Opinion Summary
The case concerns the removal of Sarunas Abraitis as fiduciary of his mother's estate, following a series of alleged mismanagement and misrepresentation of estate assets. After the death of his mother, Sarunas was appointed fiduciary and reported the estate's value through multiple inventories and accountings, with discrepancies in asset reporting, particularly concerning a Stifel investment account. Sarunas attempted to probate an outdated 1978 will, delaying the probate of a 1993 will that named him sole heir, leading to legal disputes and claims of fraudulent conduct. The probate court, finding inconsistencies and negligence in Sarunas's fiduciary duties, removed him from the position, appointing an attorney as his successor. On appeal, Sarunas contested the court’s authority and procedural decisions. The appellate court upheld the probate court's decision, applying an abuse of discretion standard and determining the removal appropriate due to Sarunas's incompetency and neglect. The court found no error in the probate court's proceedings, affirming the judgment and dismissing Sarunas’s assignments of error, thereby finalizing his removal and imposing appeal costs on him.
Legal Issues Addressed
Concealment and Misrepresentation of Estate Assetssubscribe to see similar legal issues
Application: Sarunas failed to accurately report the estate's assets and attempted to misidentify the Stifel account as a personal asset.
Reasoning: Sarunas presented conflicting claims regarding the Stifel account's ownership and the estate's financial status, further supporting the trial court's assessment of his conduct.
Presumption of Regularity in the Absence of Transcriptsubscribe to see similar legal issues
Application: Without a transcript from the fiduciary removal hearing, the court presumed regularity in the probate court's proceedings.
Reasoning: The absence of a transcript led to a presumption of regularity in the proceedings based on the court's December 1, 2014 judgment entry.
Removal of Fiduciary under R.C. 2109.24subscribe to see similar legal issues
Application: The probate court exercised its discretion to remove Sarunas as fiduciary for incompetency and neglect in managing the estate assets.
Reasoning: The court noted the case had been ongoing since October 2011, with multiple extensions granted at Sarunas's request.
Standard of Review for Fiduciary Removalsubscribe to see similar legal issues
Application: The court applied an abuse of discretion standard, determining the trial court's actions were neither unreasonable nor arbitrary.
Reasoning: The court’s standard of review for removing a fiduciary is abuse of discretion, indicating that the court’s decision must not be unreasonable or arbitrary.
Valid Execution of Wills and Estate Administrationsubscribe to see similar legal issues
Application: Sarunas's attempt to probate a 1978 will, despite knowledge of a later 1993 will, demonstrated neglect in administering the estate.
Reasoning: Initially, he attempted to probate an outdated 1978 will despite being aware of a later 1993 will, which he only sought to probate in 2013.