Probate Litigation Attorneys
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 perusing our Estate and Trust Dispute Resource Center of Ohio microsite. Follow the blue navigation bar on the top of the page to read our blog posts, legal insights, law updates, representative cases, helpful resources, and more.
Adam M. Fried, Co-Chair of Reminger Co., LPA's Estate and Trust Litigation Practice Group, has been invited to lecture to the Ohio Fellows of the American College of Trust and Estate Counsel (ACTEC) on the subject of extrinsic evidence and fiduciary litigation. This presentation complements the one Adam gave previously to the Ohio Probate Judges Association at their annual conference in June 2019.
Timothy Gallagher and Paul Shugar authored "An Introduction to Trust Arbitration" in the January/February 2020 Issue of the Probate Law Journal of Ohio.
We have often written in our blog about the rise in financial abuse and exploitation of the elderly. Members of our practice group serve on the Board of Directors for Ohio Coalition of Adult Protective Services. We have presented on the topics of elder abuse and diminished capacity to better educate other professionals and the public at large about the special care and protection our seniors require.
Unfortunately, some vulnerable clients are not even safe from their own lawyers. Recently, the Ohio Supreme Court issued a two-year suspension (with one-year stayed) of the law license of James Bishop, II because he took advantage of his elderly estate planning clients, Isadore and Helen Urbanski.
Franklin Malemud authored "Hey Fiduciaries, the Ohio Trust Code is Still Your Friend" in the November/December 2019 Issue of the Probate Law Journal of Ohio.
Adam M. Fried, Co-Chair of Reminger's Estates, Trusts, and Probate Litigation Practice Group, has been recognized by Ohio Super Lawyers Magazine in more ways than one this year. Not only has Adam been listed once again as a Super Lawyer in their 2020 issue, Adam has also attained special recognition as "Top 50 Cleveland" and "Top 100 Ohio." He also was profiled by the magazine in the article entitled "Don't Bother Looking for Hiccups in Adam Fried's Trial Prep."
Reminger Co., LPA has been ranked in the 2020 “Best Law Firms” list by U.S. News & World Report and Best Lawyers®. Reminger had multiple practice groups ranked, including Cleveland Metropolitan Tier 1 Rankings for Litigation-Trusts & Estates and Elder Law, as well as a Cleveland Metropolitan Tier 2 Ranking for Trusts & Estates Law.
Adriann McGee authored "Revisiting Ohio's Harmless Error Statute - Saving Grace or Unintended Loophole" in the July/August 2019 Issue of the Probate Law Journal of Ohio.
Since the seminal case of Wilson v. Lawrence, 150 Ohio St.3d 368, 2017-Ohio-1410, Ohio courts have consistently held that, pursuant to R.C. 2117.06, creditors have a strict six-month statute of limitations to present their claims against an estate. This means that creditor’s claims are not properly presented if they are not served upon the court-appointed fiduciary within six months after the decedent’s date of death. A recent case confirms that it is not enough to apply to be a fiduciary to satisfy this strict deadline – you must actually be appointed by the Court.
Timothy Gallagher recently presented a 45-minute CLE for the Akron Bar Association Probate Law Section.
A primary factor many consider when looking to hire an attorney to pursue a Trust dispute is the cost of representation (i.e. attorney fees and out of pocket litigation expenses). In deciding whether to hire an attorney, prospective clients almost always ask: “If I win, can I get my attorney fees paid?” Under Ohio law, the short answer is often “no”. However, a recent case interpreting a statute enacted in 2007 will help Trust beneficiaries recover attorney fees and litigation expenses in a Trust dispute.