• Posts by Adriann McGee

    Adriann practices in Reminger Co., LPA’s Columbus office, where she focuses her legal practice in the areas of:

    - Trusts and Will Contests
    - Fiduciary Litigation
    - Financial Exploitation, Fraud and Undue ...

“Keep in mind – beneficiaries are like cats and they will bite you for no good reason.”[1]  Serving as the trustee of a trust can be challenging because a trustee’s administrative responsibilities are, at times, layered with complicated family or beneficiary dynamics.  While there is no way to guarantee a problem-free administration or termination of trust, Ohio law provides a method to expedite the process to complete distribution while providing protections for the trustee against future claims of the beneficiaries.

Reminger Co., LPA is pleased to announce that Adriann S. McGee has been named to the Board of Directors for the Ohio Coalition for Adult Protection Services (OCAPS). OCAPS is a statewide coalition that strives to enhance the provision of services to adults at risk of abuse, neglect, and exploitation through education and advocacy.

Following up on the recent blog post on basic principles of trust reporting, the Fifth District Court of Appeals released a timely analysis involving a trustee’s failure to account and an award of attorney fees against the trustee for their breach of duty in McHenry v. McHenry, (5th Dist.), 2017-Ohio 1534.  The decision, originating out of the Stark County Probate Court is significant for two reasons:  (1) it provides a thorough analysis of a trustee’s duty to account even in the face of trust language relieving the trustee of his duty to account; and (2) the court awarded attorney fees in excess of the value of the compensatory damages, pursuant to its authority under R.C. 5810.04.

You are a trust beneficiary. 

You have no idea what is in the trust, what has been spent out of the trust, and what will be spent out of the trust. 

Must the trustee open his books to you? What rights do you have to receive this information?