Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 12




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          $415,000 in damages, and that the probate judge’s allocation of             
          damages effectively transferred the $1 million straight from the            
          guardian’s interim financial holding account to the Management              
          Trust without Clyde’s ever having control.                                  
               We think the Commissioner is underestimating the importance            
          of the Probate Court in deciding to whom the $1 million belonged.           
          The Hickses’ lawyers were very careful in leaving the unallocated           
          settlement funds with Society National until the beneficiaries              
          were determined.  This acknowledged the Probate Court’s broad               
          discretionary authority as “superior guardian” of a minor under             
          Ohio law.  That status means that the Probate Court has the power           
          and authority to control the actions of the minor’s guardian and            
          act directly to ensure that the minor’s best interests are being            
          considered.  Ohio Rev. Code Ann. sec. 2111.50 (Anderson 2002).              
          It also means that the Probate Court has to approve any                     
          settlement which the minor’s guardian reaches before it can take            
          effect.  See Ohio Rev. Code Ann. sec. 2111.18 (2007).  Because of           
          this essential role the Probate Court plays under Ohio law, we              
          hold that the $1 million in question didn’t belong to anyone                
          until the Probate Court said it did.                                        
               The Commissioner’s attack doesn’t end with that quibble                
          about possession of the settlement proceeds under Ohio law.  He             
          also argues that the allocation was a sham.  This is itself a               
          problem because the statute and regulation don’t tell us to                 







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