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.
To sign up for our monthly e-newsletter, In Brief: Ohio Estate and Trust Litigation Updates, focused on estates, trusts, and guardianships and the disputes surrounding them, click here.
During the past few months, several bills have been introduced in Congress which, if passed, would result in significant changes to the current federal estate and gift tax system. Some of these bills appear to have support among many members of Congress.
While it is possible that none of the proposed laws will be enacted, given the unpredictable political climate, it seems best to consider estate planning strategies that you might want to employ or changes that you might want to make to your estate planning documents if one or more of the proposed bills passes this year.
One of the proposed ... Read More ›
Free Britney!?: The Conservatorship of Britney Spears
From Michael Jackson, to Prince, to Whitney Houston… the death of a famous musician often triggers an interesting probate court case. As the world is now learning, we can also find interesting probate stories about our living pop stars.
Earlier this year, Hulu streamed a documentary by the New York Times: Framing Britney Spears. In case you weren’t paying attention in the late 90s and early-aughts, Britney Spears is a very famous and successful pop star – rising to national fame at only 16 years old. What many people did not ... Read More ›
June 15th is World Elder Abuse Awareness Day. Older people throughout the United States lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation. Elder abuse also creates health care and legal costs for our society.
Our Estates and Trusts Practice Group is committed to providing compassionate and efficient legal service to elderly individuals and their families.
We are pleased to provide these resources to proactively avoid and protect yourself and your loved ones against elder financial exploitation.
Adam Fried, Adriann McGee, and Mary Kraft co-authored "Filo v. Filo: An Illustration Of The Mechanics Of The Rebuttable Presumption Of Undue Influence And Jury Instructions" for the Probate Law Journal of Ohio.
While the presumption exists to make it easier to prove undue influence claims, it should be remembered that the same facts used to rebut the presumption can also demonstrate to a jury that undue influence was not exercised. This article explores the mechanics of the presumption through the case recently decided by the 12th District Court of Appeals in Filo v. Filo.
Reprinted ... Read More ›
In our new e-book, Should I Challenge My Inheritance?, Adam Fried reviews the key considerations to make when deciding to dispute your
The COVID-19 pandemic slowed down our lives – and even brought many things like school and travel to a grinding halt. However, the work of probate legislation continued in Ohio’s State House.
On May 20, 2021, Governor Mike DeWine signed into law House Bill 7, a bill revising Ohio probate law that was written by the Ohio State Bar Association’s Estate Planning, Trust and Probate Law Section. Many of Reminger’s estate planners, administrators, and litigators are active in this section.
The new bill takes effect on August 17, 2021. The changes touch on estate planning, estate ... Read More ›
Our firm pays special attention to the protection of our seniors. Financial exploitation of our seniors has been on the rise for some time. In 2010, the federal government passed the Elder Justice Act, which was the “first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level.” Seniors may be exploited by those closest to them, even their own lawyers. You can read more about the red flags that we see in our practice that are tell-tale signs of exploitation.
When a scammer pressures a relative into paying money for a phony ... Read More ›
Inheritance disputes are often motivated by principle and emotion. No matter how right a claimant thinks they are, the style and approach to their case may create financial risk in paying another’s attorney fees and/or depleting any inheritance the claimant otherwise would receive. Choosing the right attorney will help you navigate this risk.
Inheritance claim litigation often involve claims to invalidate documents or transactions through declaratory judgment claims as well as the pursuit of breach of fiduciary duty claims. Ohio follows the American rule which generally ... Read More ›
The great State of Ohio has more than thirteen million acres of farmland. (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. Of Ohio’s 128,000 farmers, more than 70,000 are involved in estate or succession planning decisions. These numbers suggest a lot of farmland will transfer ownership to the next generation during the coming two decades.
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 ›
- Estate and Tax Planning Alert: Potential for Reduced Federal Estate & Gift Tax Exemption Amounts
- Free Britney!?: The Conservatorship of Britney Spears
- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?
- New Probate Legislation Expands Guardian Powers, Clarifies Spousal Rights
- Doing our Part to Support Elder Justice
- Fairness and Fees in Inheritance Disputes
- Say What You Mean: Don’t Bet the Farm on Imprecise Language
- Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel