- Posts by Jessica S. Forrest
As a shareholder in the Cleveland and Akron offices of Reminger Co., LPA, Jessica focuses her practice on matters involving probate litigation, trust disputes, estate administration, and estate planning. Prior to joining ...
The COVID-19 pandemic slowed down our lives – and even brought many things like school and travel to a grinding halt. However, the work of probate legislation continued in Ohio’s State House.
On May 20, 2021, Governor Mike DeWine signed into law House Bill 7, a bill revising Ohio probate law that was written by the Ohio State Bar Association’s Estate Planning, Trust and Probate Law Section. Many of Reminger’s estate planners, administrators, and litigators are active in this section.
The new bill takes effect on August 17, 2021. The changes touch on estate planning, estate ... Read More ›
Our firm pays special attention to the protection of our seniors. Financial exploitation of our seniors has been on the rise for some time. In 2010, the federal government passed the Elder Justice Act, which was the “first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level.” Seniors may be exploited by those closest to them, even their own lawyers. You can read more about the red flags that we see in our practice that are tell-tale signs of exploitation.
When a scammer pressures a relative into paying money for a phony ... Read More ›
The great State of Ohio has more than thirteen million acres of farmland. (Also, it appears none of those acres are devoted to buckeyes?!). The average age of an Ohio farmer is 55.8 years and 30% are 65 years or older. Of Ohio’s 128,000 farmers, more than 70,000 are involved in estate or succession planning decisions. These numbers suggest a lot of farmland will transfer ownership to the next generation during the coming two decades.
As we have covered in our blog before, Ohio courts have been very clear: estate creditor’s must present their claims within 6 months of the decedent’s date of death. R.C. 2117.06. This has not stopped creditors, however, from arguing that they should be the exception to the bright-line rule. Their attempts continue to fail. The newest creative creditor arguments went up on appeal to the Ninth District and were batted right back down.
Each year, Ohio’s Commission on the Rules of Practice & Procedure proposes amendments to the Rules of Procedure and Evidence affecting all courts in Ohio. In most counties, the probate court is a separate “division” with a dedicated judge. However, the complex and mandatory rules of civil procedure apply in probate court just like all other cases. The new Rules, effective July 1, 2020, will change how cases are initiated and proceed through discovery.
Ohio now offers a “waiver of service” option for all civil actions, similar to federal cases. Civ.R. 4.7. At the start of a ... Read More ›
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.Read More ›
- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?
- New Probate Legislation Expands Guardian Powers, Clarifies Spousal Rights
- Doing our Part to Support Elder Justice
- Fairness and Fees in Inheritance Disputes
- Say What You Mean: Don’t Bet the Farm on Imprecise Language
- Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel
- Ohio Courts to Estate Creditors: We REALLY Mean Six Months!
- Should I Challenge My Inheritance? Part Four: Economic Considerations of Inheritance Dispute