As we are all aware, these are challenging times. We are all focusing on our health, primarily, but also our financial stability.  Most of you are not thinking about your estate plan; however, during this time it is more important than ever to consider, at a minimum, healthcare directives and financial powers of attorney.  The Estate Planning Practice Group at Reminger is here and ready to assist you.

Healthcare powers of attorney allow you to name an agent to make healthcare decisions for you if you are not capable of making them for yourself.  The current healthcare power of attorney also permits you to nominate a guardian if one is ever needed and includes an authorization to release your protected health information to your designated agent.  If you become ill and require hospitalization, the hospital will ask if you have a healthcare power of attorney upon admission. Having this document in place ensures that your wishes will be followed in the event of a healthcare crisis.Read More ›

A last will and testament is one of those rare documents in life where formalities apply to the execution. In Ohio, there are specific formalities that must be followed in order for a will to be deemed valid. For example, the testator – that is, the person making the will – must: 

- be an adult, at least 18 years of age 

- of sound mind, - free of undue influence or restraint. R.C. 2107.02. 

The will must be: 

- in writing, 

- signed at the end by the testator (or by someone else at the direction of the testator and in his/her conscious presence), 

- attested and subscribed in the presence of two “competent” witnesses or the testator must acknowledge his/her signature to the two competent witnesses at a later time. R.C. 2107.03. Read More ›

Adam M. Fried, Co-Chair of Reminger Co., LPA's Estate and Trust Litigation Practice Group, has been invited to lecture to the Ohio Fellows of the American College of Trust and Estate Counsel (ACTEC) on the subject of extrinsic evidence and fiduciary litigation. This presentation complements the one Adam gave previously to the Ohio Probate Judges Association at their annual conference in June 2019.Read More ›

Timothy Gallagher and Paul Shugar authored "An Introduction to Trust Arbitration" in the January/February 2020 Issue of the Probate Law Journal of Ohio.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 ›

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.  Read More ›

Adam M. Fried, Co-Chair of Reminger's Estates, Trusts, and Probate Litigation Practice Group, has been recognized by Ohio Super Lawyers Magazine in more ways than one this year.  Not only has Adam been listed once again as a Super Lawyer in their 2020 issue, Adam has also attained special recognition as "Top 50 Cleveland" and "Top 100 Ohio."  He also was profiled by the magazine in the article entitled "Don't Bother Looking for Hiccups in Adam Fried's Trial Prep."Read More ›

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.Read More ›

Adriann McGee authored "Revisiting Ohio's Harmless Error Statute - Saving Grace or Unintended Loophole" in the July/August 2019 Issue of the Probate Law Journal of Ohio.Read More ›

Since the seminal case of Wilson v. Lawrence, 150 Ohio St.3d 368, 2017-Ohio-1410, Ohio courts have consistently held that, pursuant to R.C. 2117.06, creditors have a strict six-month statute of limitations to present their claims against an estate. This means that creditor’s claims are not properly presented if they are not served upon the court-appointed fiduciary within six months after the decedent’s date of death. A recent case confirms that it is not enough to apply to be a fiduciary to satisfy this strict deadline – you must actually be appointed by the Court.Read More ›