In re Estate of Klies

[Cite as In re Estate of Klies, 2011-Ohio-4569.]
COURT OF APPEALS
GUERNSEY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF THE ESTATE OF: JUDGES:
Hon. Scott Gwin, P.J.
GERALD D. KLIES, DECEASED. Hon. Sheila G. Farmer, J.
Hon. Julie A. Edwards, J.
Case No. 11CA000005
OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas,
Probate Division, Case No. 050768
JUDGMENT: Affirmed
DATE OF JUDGMENT: September 9, 2011
APPEARANCES:
For Plaintiff-Appellant For Defendant-Appellee
RUSSELL H. BOOTH, JR. WILLIAM H. FERGUSON
745 Steubenville Avenue 111 North 7th Street
Cambridge, OH 43725 Cambridge, OH 43725
Guernsey County, Case No. 11CA000005 2
Farmer, J.
{¶1} On September 29, 2009, Gerald Klies passed away. Co-administrators of
the estate were the decedent's only children, appellant, Cristal White, and appellee,
Aaron Klies. At the time of his passing, appellant owned real property in Madison
Township.
{¶2} On April 6, 2010, the trial court issued a Certificate of Transfer on the
subject property. The Certificate of Transfer transferred a one-half interest to appellant
and a one-half interest to appellee.
{¶3} On April 9, 2010, appellant and her husband executed a quit claim deed of
their share of the property to appellee, apparently so appellee could obtain a loan to pay
off the estate debts. Thereafter, appellee sold the property. A dispute arose between
the parties over the proceeds from the sale.
{¶4} On December 14, 2010, appellant filed a motion for a hearing on the
distribution of assets. A hearing was held on January 26, 2011. At the end of the
hearing, appellee moved for a directed verdict as the estate had been fully
administered. By judgment entry filed February 7, 2011, the trial court found the estate
was fully administered and granted appellee's motion.
{¶5} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶6} "THE COURT ERRED IN ORDERS (1) AND (4)."
Guernsey County, Case No. 11CA000005 3
I
{¶7} Appellant claims the trial court erred in finding the estate was fully
administered and in granting appellee's motion for a directed verdict. We disagree.
{¶8} In her motion filed December 14, 2010, appellant asked the trial court to
rule on the distribution of assets. It was appellant's position that the estate could not be
closed because appellee had failed to abide by a separate agreement executed
between the two co-administrators outside of the estate proceedings regarding the
proceeds from the sale of the property pursuant to the Certificate of Transfer dated April
6, 2010. Appellant claims the trial court failed to rule on her request.
{¶9} A motion for a directed verdict is to be granted when, construing the
evidence most strongly in favor of the party opposing the motion, the trial court finds
that reasonable minds could come to only one conclusion and that conclusion is
adverse to such party. Civ.R. 50(4); Crawford v. Halkovics (1982), 1 Ohio St.3d 184. A
motion for a directed verdict tests the legal sufficiency of the evidence rather than its
weight or the credibility of the witnesses. Ruta v. Breckenridge-Remy Co. (1982), 69
Ohio St.2d 66. Since a directed verdict presents a question of law, an appellate court
conducts a de novo review of the trial court's judgment. Howell v. Dayton Power and
Light Co. (1995), 102 Ohio App.3d 6.
{¶10} Appellant does not challenge the trial court's findings of fact, but disputes
the trial court's granting of the directed verdict.
{¶11} The transfer of the real property at issue was accomplished by operation
of law pursuant to R.C. 2105.06, 2105.061, and 2113.61. Once the Certificate of
Transfer was signed and filed, the distribution of the assets was a fait accompli, and
Guernsey County, Case No. 11CA000005 4
was beyond the jurisdiction of the estate administrators. Appellant's motion did not
request the trial court to void the Certificate of Transfer, but requested that the trial court
distribute the assets pursuant to the parties' outside agreement over the property.
{¶12} Appellant testified that she and her husband executed a quit claim deed to
the property to appellee so appellee could obtain a loan to pay off the estate's debts. T.
at 21, 26. This was not necessary because additional estate assets were discovered
(see, Report of Newly Discovered Assets filed June 3, 2010), and appellee sold off
timber from the property to pay off the debts and then split the remainder with appellant.
T. at 13, 24. In fact, on June 3, 2010, the parties signed an application to distribute in-
kind wherein the parties agreed to "have consented to the distribution as proposed in
the within schedule." Appellee sold the property and made appellant a verbal offer to
pay her $20,000.00 which she rejected. T. at 24, 27.
{¶13} The testimony during the hearing on the distribution of assets was that
there were sufficient funds in the attorney trust account to pay the attorney fees and
costs as all bills had been paid. T. at 12.
{¶14} In its judgment entry filed February 7, 2011, the trial court declined to
adjust the final distribution of the assets apart from what was required by R.C. 2105.06,
thereby denying appellant's motion:
{¶15} "1. Based upon the evidence presented and the representations of
counsel, this Court finds that the Estate of Gerald D. Klies, Case No. 050768, has been
fully administered.
{¶16} "2. Any further litigation between the heirs may be in any Court of
competent jurisdiction and is not an expense of the estate.
Guernsey County, Case No. 11CA000005 5
{¶17} "3. The counsel for the estate is to make his final distributions to pay the
attorney fees, court costs and obtain any signatures of the co-administrators on the final
account. This Entry may be substituted for any missing signatures.
{¶18} "4. The Estate is fully administered and completed; Motion Granted.
{¶19} "5. Costs are to be paid from the Estate for the hearing."
{¶20} If appellant had challenged appellee relative to his fiduciary capacity, the
matter clearly would have been within the trial court's jurisdiction; however, appellant did
not so challenge the Certificate of Transfer and appellee's promises to her. Instead,
appellant sought to shortcut the legal process of initiating a civil action for fraud.
{¶21} Upon review, we find the trial court did not err in finding the estate had
been fully administered and in granting appellee's motion for a directed verdict.
{¶22} The sole assignment of error is denied.
{¶23} The judgment of the Court of Common Pleas of Guernsey County, Ohio,
Probate Division is hereby affirmed.
By Farmer, J.
Gwin, P.J. and
Edwards, J. concur.
_s/ Sheila G. Farmer__________________
_s/ W. Scott Gwin___________________
_s/ Julie A. Edwards__________________
JUDGES
SGF/sg 818
IN THE COURT OF APPEALS FOR GUERNSEY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF THE ESTATE OF: :
:
GERALD D. KLIES, DECEASED : JUDGMENT ENTRY
:
:
:
: CASE NO. 11CA000005
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Guernsey County, Ohio, Probate Division is
affirmed. Costs to appellant.
_s/ Sheila G. Farmer__________________
_s/ W. Scott Gwin___________________
_s/ Julie A. Edwards__________________
JUDGES