Evans v. Evans, 4th Dist. Case Nos. 12CA5, 12CA6, 2014-Ohio-4450. After a husband was found guilty of murder and conspiracy as to his wife’s death, the co-trustee of the couples’ trust filed a complaint for declaratory judgment as to the trust’s interpretation and administration. The trial court determined that the trust was similar to a joint and survivor bank account in that the trust’s terms provided that either trustee had the authority to withdraw portions that the owner had contributed. As such, the trial court held that the slayer statute applied and, therefore, the husband was considered to have predeceased the wife pursuant to the trust’s terms. On appeal, the appellants argued that the slayer statute operated so as to deny the husband of his vested property rights, and that the slayer statute is not designed to strip a convicted person of property rights that vested prior to the decedent’s death. The appellate court, however, held that the husband murdering his wife had denied her opportunity to enjoy her beneficial interests. As such, the trial court's ruling was upheld.
Recent Posts
- Shana DeMooy Appointed to Ohio State Bar Association Estate Planning, Trust, and Probate Law Section Council
- Weathering the Coming 鈥淧robate Storm鈥�
- 花都影视 Secures Favorable Probate Court Judgment in Undue Influence Dispute
- Love, Death, And Litigation: Enforcing Prenuptial Agreements Upon Death
- The Illusion of Competence: Surviving the AI Wave Through Bans, Disclosures, and Bots
- Forrest and Gallagher secure a dismissal with prejudice in trust and fiduciary litigation involving the estate of the late Eric鈥疌armen, a musician and Cleveland native
- Shana DeMooy Featured in Columbus Jewish News Local Lawyers / Super Attorneys 2026
- Jessica Forrest Elected as a Member of the American College of Trust and Estate Counsel (ACTEC)
- Michael Brody and Paul Shugar Secure Positive Result in Trust Dispute
- Strategies for Litigation-Proofing Estate Plans











