Posts tagged Trustee Malfeasance.
Trust Lawsuits Dismissed by both Ohio and Federal Courts on Res Judicata Grounds

Res judicata, literally meaning "a matter [already] judged," is a prudential doctrine that is meant to ensure the finality of judgments and conserve judicial resources by protecting litigants from multiple litigation involving the same claims or issues. When one court has already resolved the merits of a case, another court will not revisit them.

Recently, Reminger attorneys Russell J. Meraglio, Jr. Franklin C. Malemud, and Timothy J. Gallagher represented an attorney who was appointed by the Cuyahoga County Probate Court to serve as successor trustee over a trust.  The removed ... Read More ›

Ohio Probate Court Decision Demonstrates the Potential for Monetary Risk Associated with Role of Executor or Trustee

Happy days! You just learned that your favorite uncle appointed you trustee of his trust and nominated you as his executor of his will.  The honor (he trusted you enough to install this mantle upon you), the power (you get to make decisions that affect beneficiaries’ lives), the riches (you get an income taxable fiduciary fee)–not so fast!  While there is certain honor in taking on that role, the office’s mantle carries tremendous responsibilities and risk.  Read More ›

Case Law Precedent for an Award of Attorney Fees in Excess of Compensatory Damages for a Trustee’s Failure to Account

Following up on the recent blog post on basic principles of trust reporting, the Fifth District Court of Appeals released a timely analysis involving a trustee’s failure to account and an award of attorney fees against the trustee for their breach of duty in McHenry v. McHenry, (5th Dist.), 2017-Ohio 1534.  The decision, originating out of the Stark County Probate Court is significant for two reasons:  (1) it provides a thorough analysis of a trustee’s duty to account even in the face of trust language relieving the trustee of his duty to account; and (2) the court awarded attorney fees in excess of the value of the compensatory damages, pursuant to its authority under R.C. 5810.04.Read More ›

As a Trust Beneficiary, What Are Your Rights to a Trust Accounting?

You are a trust beneficiary. 

You have no idea what is in the trust, what has been spent out of the trust, and what will be spent out of the trust. 

Must the trustee open his books to you? What rights do you have to receive this information? Read More ›

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