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.
On October 12, 2021, Estates, Trusts, and Probate Litigation Group Co-Chair, Adam Fried, testified to the Ohio House Civil Justice Committee in opposition of HB 339, a proposed legislation involving electronic wills. Adam was asked to join a task force that included members of the Ohio State Bar Association Estate Planning, Probate and Trust Section Counsel and the Ohio Probate Judges Association to study and comment on this proposed legislation involving electronic wills. The task force met weekly for several months and came out with firm objections to components of HB 339 ... Read More ›
Paul Shugar presented the below information on Legislative Updates on House Bill 7 and Other Statutory Law Changes as part of the 2021 Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, hosted by the Ohio State Bar Association.
2021 Revise Probate Law, Guardianship Law, and Ohio Trust Code (H.B. 7)
After the Ohio House of Representatives passed H.B. 7 by a vote of 98-0 on March 3, 2021, the Senate passed the bill by a 32-0 vote on May 5, 2021. Governor Mike DeWine signed House Bill 7 into law on May 20, 2021, and it became effective on August 17, 2021. The new law made ... Read More ›
We are pleased to announce that 10 of our Estates and Trusts lawyers have been included in the 2022 Edition of The Best Lawyers in America®. Lawyers on The Best Lawyers in America® list are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.
2022 The Best Lawyers in America® list:
- Jessica Forrest- Trusts and Estates, Litigation - Trusts and Estates*
- Adam M. Fried- Trusts and Estates, Elder Law, Litigation - Trusts and Estates
- Barbara B. Janovitz- Trusts ...
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 ›
Jessica Forrest wrote the article below, "Free Britney!?: Can Britney Spears Free Herself?", for the Akron Bar Association Examiner Magazine.
Unless you have been under a rock or on a desert island, you have probably heard that 90s pop star Britney Spears has been under a conservatorship since 2008. Britney’s father, Jamie Spears, currently has control of Britney’s $60+ Million empire. Prior to 2019, he was also solely in charge of Britney’s personal decisions – including where she lived, her medications, and access to her social media accounts. That role is now filled by ... Read More ›
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
- Adam Fried Testifies to the Ohio House Civil Justice Committee Regarding Remote Witnessing of Wills
- 2021 Recap: Ohio Legislative & Case Law Updates
- Reminger Estate & Trust Attorneys Recognized in 2022 Edition of The Best Lawyers in America®
- Trust Lawsuits Dismissed by both Ohio and Federal Courts on Res Judicata Grounds
- Free Britney!?: Can Britney Spears Free Herself?
- 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?