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 ›

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 ›

The great State of Ohio has more than thirteen million acres of farmland.[1] (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.[2] Of Ohio’s 128,000 farmers, more than 70,000 are involved in estate or succession planning decisions.[3] These numbers suggest a lot of farmland will transfer ownership to the next generation during the coming two decades.

Two recent decisions demonstrate that estate planning language needs to be precise for farms; or, your beneficiaries could be in litigationRead More ›

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part four, we reviewed economic considerations that go into a decision as to whether a claim of undue influence should be pursued. In the final part of this blog series, we will discuss considerations to make when selecting counsel for an inheritance dispute.

Part 5 - What to Consider When Selecting Counsel

A few years into my new job, more than 20 years ago, a couple of our firm’s ... Read More ›

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.

The matter of Saber Healthcare dba Bath Manor Nursing Facility v. David P. Hudgins, 2020-Ohio-5603, was argued on December 1, 2020… and just eight ... Read More ›

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part three, we reviewed red flags which can increase the likelihood of success in a challenged inheritance claim. Now, I will describe the economic considerations that go into a decision as to whether a claim of undue influence should be pursued.

Part 4 - Economic Considerations of Inheritance Dispute

In your heart, you believe your parent would never willingly disinherit you.  ... Read More ›

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part two, we looked at the problems with proof in establishing or defending against an undue influence claim. Now, we will review red flags, the existence of which can increase the likelihood of success in a challenged inheritance claim.

Part 3 - Red Flags and the Misuse of Trust

1. Is the beneficiary a person in the trust or confidence of the donor? A person who is trusted is in the ...

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

In part one, we reviewed the elements of undue influence and discussed character and credibility of the potential challenger. Now, we will look at the problems with proof in establishing or defending against an undue influence claim.  

Part Two – The Problems with Proof 

Proving bad conduct, sufficient to overturn a will, is not always easy.  Most often, the conversations leading to ... Read More ›

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights.

Series Overview:

• Part One – Disappointment, Disinheritance and Disputes – What Should I Do?
• Part Two – The Problems with Proof
• Part Three – Red Flags and The Misuse of Trust
• Part Four – Economic Considerations of Inheritance Dispute
• Part Five – What to Consider When Selecting Counsel

Part One – Disappointment, Disinheritance and Disputes – What Should I Do?

Call it ... Read More ›