• Posts by Franklin Malemud

    Franklin 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, powers of attorney ...

Franklin Malemud Authors Article for November/December 2019 Issue of Probate Law Journal of Ohio

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.  

Reminger's Estates and Trusts Groups Ranked by U.S. News & World Report and Best Lawyers in 2020 Best Law Firms List

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.

Recent Case Helps Trust Beneficiaries Recover Attorney Fees in a Trust Dispute

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.

Franklin C. Malemud Presents at National Trust Closely Held Business Association's 2018 Annual Conference

Franklin C. Malemud recently served as a speaker at the 2018 Annual Conference of the National Trust Closely Held Business Association (NTCHBA). Franklin and a colleague presented “Issues and Trends in Fiduciary Litigation from the Perspectives of the Planner and Litigator."  

Finally, Confirmation that Finality and Protections are Available to Trustees Under the Ohio Trust Code  

Reprinted from Probate Law Journal of Ohio, with permission of Thomson Reuters.  Copyright © 2017.

Years after the initial enactment of the Ohio Trust Code and articles published in this journal1 the Tenth District Ohio Court of Appeals in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No. 15AP-751, 2017-Ohio-838, confirmed the viability of options under the Trust Code that afford trustees a path to finality in trust administration not subject to continuing court jurisdiction. Specifically, the Zook court confirmed what readers of this journal and those familiar with the Trust Code already “know”:

Ohio Court of Appeals Affirms Statutory Protections for Trustees

Ten years after the first enactment of the Ohio Trust Code, in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No. 15AP-751, 2017-Ohio-838, the Tenth District Ohio Court of Appeals gave insight into protections under the Ohio Trust Code afforded trustees against beneficiary claims and a provided a roadmap for a beneficiary to challenge such protection.