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. 

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 ›

Changes to Ohio’s Rules of Civil Procedure Effective July 1, 2020

Each year, Ohio’s Commission on the Rules of Practice & Procedure proposes amendments to the Rules of Procedure and Evidence affecting all courts in Ohio. In most counties, the probate court is a separate “division” with a dedicated judge. However, the complex and mandatory rules of civil procedure apply in probate court just like all other cases. The new Rules, effective July 1, 2020, will change how cases are initiated and proceed through discovery.

Ohio now offers a “waiver of service” option for all civil actions, similar to federal cases. Civ.R. 4.7. At the start of a ... Read More ›

Mediation: An Alternative Approach to Estate and Trust Controversies in the Time of Coronavirus

The impact of the Coronavirus Pandemic on our daily lives creates an opportune moment to address your estate/trust litigation dispute.  Whether because of the Ohio Supreme Court’s emergency orders extending deadlines and case management orders, or the recognition by litigating parties that there are far more important things in life than being locked in costly and difficult litigation, a unique moment is upon us to settle time consuming and costly disputes.  Often, however, an intermediary (mediator) is needed to help get the matter settled. Reminger’s estate settlement group is available to assist and serve in that role.   Read More ›

You Can Count on Reminger During These Uncertain Times

It goes without saying that COVID-19 has substantially disrupted our way of life. The attorneys in Reminger’s probate and trust litigation group are no different than anyone else, in that regard, and we sincerely appreciate your patience during these trying times. We hope that you are staying safe and we look forward to assisting you in person once again. Read More ›

Ohio’s Response to COVID-19 Impacting Probate/Trust Law and the Courts

While Ohio Courts remain open for essential business, several well-intentioned legislative and judicial steps have eased the judicial burdens during the Governor’s Emergency Order.  Many people still have questions about how the health crisis created by COVID-19 affects probate practices, including estate and trust administration and probate litigation.Read More ›

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