In Re: Estate of Cannon, 6th Dist. Case No. L-14-1069, 2015-Ohio-390. The appellate court determined that the trial court's failure to apply the burden-shifting analysis that arose because of the appellate's position as decedent's attorney in fact did not prejudice the appellant since the court determined that undue influence occurred. Testimony from doctors demonstrated that the decedent was incompetent and susceptible to undue influence. The appellate also had the opportunity to exert undue influence by virtue of residing with the decedent and being his power of attorney. As a result of the appellant's undue influence, he received advantageous loan agreements and beneficiary designations. Given all this evidence, the failure to discuss the burden shifting was not reversible error and the appellate court upheld the trial court's determination.
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











