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 ›
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 ›
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 ›
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