In re Estate of Sean Thomas Ingalls

Summary

The Twelfth District Court of Appeals of Ohio affirmed a probate court's allocation of wrongful-death settlement proceeds among the decedent's parents and half-sisters. The court declined to consider the appellant's argument that the decedent's father was statutorily barred from receiving proceeds because the argument was forfeited, and it held that the probate court did not abuse its broad discretion in awarding the father $200,000.

Holdings

1. The appellate court declined to consider the argument because Pamela did not raise it in the probate court and therefore forfeited it on appeal. The record did not present the exceptional circumstances necessary for plain-error review in a civil case.
2. The probate court did not abuse its broad discretion by awarding Vince $200,000 of the wrongful-death proceeds. The award was not unreasonable, arbitrary, or unconscionable under current Ohio law.

Questions Presented

1. Whether Pamela forfeited her argument that Ohio's wrongful-death benefit ban barred Vince from receiving proceeds because he allegedly abandoned Sean before Sean's death.
2. Whether the probate court abused its discretion by awarding Vince $200,000 of the wrongful-death settlement proceeds despite his poor and limited relationship with Sean.

Disposition

affirmed