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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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 ...
Beneficiary Designation Dispute Based on Recent Dementia Diagnosis Not Enough to Invalidate Beneficiary Designation for Lack of Capacity

A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›

Federal Judge Halts Trust Litigation

Ohio Probate Courts are uniquely familiar with issues facing Trustees.  That is why many Trust disputes are filed in, or transferred to, the Probate Court for resolution. However, some litigants try to avoid probate courts in trust disputes because of perceived advantages or differing rules in other forums. Reminger is familiar with these tactics and knows how to defend against them.

Recently, Reminger received a ruling in the United States District Court for the Northern District of Ohio, Eastern Division, on behalf of the Trustee client, which halted trust litigation attempted ... Read More ›

Ohio Court Affirms Trust-Arbitration Award

On September 29, 2020, the Ohio Tenth District Court of Appeals affirmed a trust-arbitration award in Hughes v. Hughes, 2020-Ohio-4653.

This is one of the first, if not the first, trust arbitration cases to make its way through Ohio Courts. The Ohio legislature recognized arbitration  as an option for trust dispute resolution with the March 2019 enactment of Ohio Revised Code Section 5802.05.  Here, the parties commenced arbitration in July 2018, and the arbitration hearing took place in October 2018. The Arbitrator issued his decision that same month, and the award was carried out by ... Read More ›

Know What You Have: Codicil Cannot Amend an Earlier Trust

Most everyone owns property, but we find in our probate dispute practice that very few people have a detailed grasp of exactly what they own and how they own it. Many people forget or are simply unaware of what instruments and documents can be used to convey, transfer, gift, or bequeath their property to another. For instance, you could go to a lawyer, write a will and leave everything to your two children equally. The next day, you could into a bank and put your account in joint form with one of your children.  While your intent may be to add a child as a helper to manage your bank account, the ... Read More ›

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