Your resource for probate dispute matters.

Our seasoned team of Estate and Trust litigators routinely handles disputes that involve probate, estate and guardianship matters. Learn more about the complex arena of probate, trust, and estate litigation by reading our blog posts, legal insights, law updates, representative cases, resources, and more.

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Say What You Mean: Don’t Bet the Farm on Imprecise Language

The great State of Ohio has more than thirteen million acres of farmland.[1] (Also, it appears none of those acres are devoted to buckeyes?!). The average age of an Ohio farmer is 55.8 years and 30% are 65 years or older.[2] Of Ohio’s 128,000 farmers, more than 70,000 are involved in estate or succession planning decisions.[3] These numbers suggest a lot of farmland will transfer ownership to the next generation during the coming two decades.

Two recent decisions demonstrate that estate planning language needs to be precise for farms; or, your beneficiaries could be in litigationRead More ›

Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part four, we reviewed economic considerations that go into a decision as to whether a claim of undue influence should be pursued. In the final part of this blog series, we will discuss considerations to make when selecting counsel for an inheritance dispute.

Part 5 - What to Consider When Selecting Counsel

A few years into my new job, more than 20 years ago, a couple of our firm’s ... Read More ›

Ohio Courts to Estate Creditors: We REALLY Mean Six Months!

As we have covered in our blog before, Ohio courts have been very clear: estate creditor’s must present their claims within 6 months of the decedent’s date of death. R.C. 2117.06. This has not stopped creditors, however, from arguing that they should be the exception to the bright-line rule. Their attempts continue to fail. The newest creative creditor arguments went up on appeal to the Ninth District and were batted right back down.

The matter of Saber Healthcare dba Bath Manor Nursing Facility v. David P. Hudgins, 2020-Ohio-5603, was argued on December 1, 2020… and just eight ... Read More ›

Should I Challenge My Inheritance? Part Four: Economic Considerations of Inheritance Dispute

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part three, we reviewed red flags which can increase the likelihood of success in a challenged inheritance claim. Now, I will describe the economic considerations that go into a decision as to whether a claim of undue influence should be pursued.

Part 4 - Economic Considerations of Inheritance Dispute

In your heart, you believe your parent would never willingly disinherit you.  ... Read More ›

Should I Challenge My Inheritance? Part Three: Red Flags and The Misuse of Trust

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part two, we looked at the problems with proof in establishing or defending against an undue influence claim. Now, we will review red flags, the existence of which can increase the likelihood of success in a challenged inheritance claim.

Part 3 - Red Flags and the Misuse of Trust

  1. Is the beneficiary a person in the trust or confidence of the donor? A person who is trusted is in the ...
Should I Challenge My Inheritance? Part Two: The Problems with Proof

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part one, we reviewed the elements of undue influence and discussed character and credibility of the potential challenger. Now, we will look at the problems with proof in establishing or defending against an undue influence claim.  

Part Two – The Problems with Proof 

Proving bad conduct, sufficient to overturn a will, is not always easy.  Most often, the conversations leading to ... Read More ›

Should I Challenge My Inheritance? Part One: Disappointment, Disinheritance and Disputes – What Should I Do?

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

Series Overview:

  • Part One – Disappointment, Disinheritance and Disputes – What Should I Do?
  • Part Two – The Problems with Proof
  • Part Three – Red Flags and The Misuse of Trust
  • Part Four – Economic Considerations of Inheritance Dispute
  • Part Five – What to Consider When Selecting Counsel

Part One – Disappointment, Disinheritance and Disputes – What Should I Do?

Call it ... Read More ›

No Exceptions: Ohio Supreme Court Holds that Voiding Statute Applies to all Wills Admitted to Probate
 

Today the Ohio Supreme Court reversed a Sixth District Court of Appeals decision that held Ohio’s “harmless error statute” permitted a witness to a will to inherit under that will. The Supreme Court accepted jurisdiction on the question of the applicability of R.C. 2107.15 voiding provisions, which prohibit a witness to a will from taking more than his or her intestate share under the will. The Supreme Court held that the voiding provision of R.C. 2107.15 “applies equally to essential witnesses to both formally compliant and remediated wills.”

The unique set of facts that ... Read More ›

FINRA Adopts Rule 3241 to Address the Ability of Associated Persons to be Named as Beneficiaries of or Executors, Trustees or Attorneys-in-Fact for Customers

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

  • Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...
FINRA Adopts Rule 3241 to Address the Ability of Associated Persons to be Named as Beneficiaries of or Executors, Trustees or Attorneys-in-Fact for Customers

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

  • Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...

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