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In re Baughman

Court of Appeals of Ohio, Fifth District, Licking

May 22, 2017

IN THE MATTER OF: JOANNA BAUGHMAN

         Appeal from the Licking County Probate Court Case No. 2015-0272A.

          For Appellant C. JOSEPH MCCOY, MCCOY & MCCOY.

          For Appellee J. ANDREW CRAWFORD, Reese, Pyle, Drake & Meyer, P.L.L.

          Hon. Patricia A. Delaney, P.J., Hon. William B. Hoffman, J., Hon. Earle E. Wise, Jr., J.

          OPINION

          HOFFMAN, J.

         {¶1} 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.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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.

         {¶3} 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.

         {¶4} 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."

         {¶5} 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, 2013.

         {¶6} 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.[1] 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.

         {¶7} 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.

         {¶8} On April 17, 2015 Petitioner/Appellee Robbin Baughman filed a petition for review of agent's (Appellant's) conduct ...


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