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In Re: Estate of Earl E. Schoeneman

October 11, 2011

IN RE: ESTATE OF EARL E. SCHOENEMAN


Appeal from the Court of Common Pleas, Probate Division, Case No. 204531

The opinion of the court was delivered by: Farmer, J.

Cite as In re Estate of Schoeneman,

CHARACTER OF PROCEEDING:

JUDGMENT:

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Reversed

{¶1} On November 3, 2008, appellee, Louis W. Schoeneman, as Executor, opened the Estate of Earl E. Schoeneman (Case No. 204531).

{¶2} On March 15, 2010, appellee filed an asset concealment complaint against appellant, Robin Minor (Case No. 208428).

{¶3} On July 12, 2010, an agreement was journalized memorializing the parties' agreement over the disputed assets (Case No. 208428).

{¶4} On September 3, 2010, appellee filed an application to approve attorney fees (Case No. 204531). By judgment entry filed November 24, 2010, the trial court approved the requested fees which included fees incurred in the asset concealment action.

{¶5} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{ΒΆ6} "THE PROBATE COURT ERRED BY AWARDING ATTORNEY'S FEES IN A CONCEALMENT ACTION WITHOUT MAKING A DETERMINATION OF GUILT AS REQUIRED UNDER ...


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