Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Probate Court Case No. 2015-0272A.
Appellant C. JOSEPH MCCOY, MCCOY & MCCOY.
Appellee J. ANDREW CRAWFORD, Reese, Pyle, Drake & Meyer,
Patricia A. Delaney, P.J., Hon. William B. Hoffman, J., Hon.
Earle E. Wise, Jr., J.
Respondent/Appellant Torry Baughman appeals the October 18,
2016 Judgment Entry entered by the Licking County Probate
Court in favor of Petitioner/Appellee Robbin Baughman.
OF THE FACTS AND CASE
Joanna Baughman had four sons: Robbin Baughman, Torry
Baughman, Daren Baughman and Kevin Baughman. During the last
several years of her life, Joanna Baughman suffered from
Alzheimer's disease. On October 30, 2009, she executed a
Durable General Power of Attorney naming Respondent/Appellant
Torry Baughman as her power of attorney.
Before the onset of her disease, Joanna Baughman and Torry
Baughman entered into multiple real estate arrangements
together, including the purchase of 118 acres of land on
Miller Church Road in Licking County, Ohio.
On March 4, 2013, Appellant Torry Baughman filed a motion in
a pending bankruptcy case seeking authority to sell real
property, averring Joanna Baughman owned a ½ interest
in the property and all proceeds were to be "retained by
Joanna Baughman." The motion also alleged Joanna
Baughman was of "advanced age" and in the
"late stages of Alzheimer's disease."
On March 21, 2013, the Bankruptcy Court issued an Order
stating Joanna Baughman was to receive $275, 000 in proceeds
from the sale of the property. The sale closed on March 29,
Joanna Baughman died on May 24, 2014. Appellant Torry
Baughman served as the Executor of the Estate of Joanna
Baughman in Licking County Probate Court Case No.
20140631. Joanna Baughman's Last Will and
Testament left the residuary of her estate in equal shares to
her four children. There is no cash, bank account, or other
liquid asset included in the estate inventory. Section 3.4 of
Joanna Baughman's will specifies two specific National
City Bank accounts bequeathed to her surviving grandchildren.
The accounts do not appear on the estate inventory.
The estate inventory lists seven parcels of real property
owned by Joanna Baughman at the time of her death. Two of the
parcels were alleged to have been held under land contract.
On April 17, 2015 Petitioner/Appellee Robbin Baughman filed a
petition for review of agent's (Appellant's) conduct