- Posts by Franklin C. Malemud
Franklin is a shareholder and serves as co-chair of Reminger's Probate and Trust Litigation practice group. The majority of Franklin's practice focuses upon litigation involving wills, trusts, guardianship, conservatorship ...
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 ›
Inheritance disputes are often motivated by principle and emotion. No matter how right a claimant thinks they are, the style and approach to their case may create financial risk in paying another’s attorney fees and/or depleting any inheritance the claimant otherwise would receive. Choosing the right attorney will help you navigate this risk.
Inheritance claim litigation often involve claims to invalidate documents or transactions through declaratory judgment claims as well as the pursuit of breach of fiduciary duty claims. Ohio follows the American rule which generally ... 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 ›
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 ›
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 ›
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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- 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
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- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?