We have previously covered that our senior citizens are at risk for identity theft, financial exploitation, and scams. As a result of increasing identity theft concerns for citizens of all ages, the United States Postal Service (USPS) has responded by requiring identity verification for all changes of address. This applies to both online and in-person Change of Address Requests. While it may seem like a good idea, both procedures present unique challenges to persons who are older, less mobile, unable to act on their own behalf or those who do not have access to the required ... Read More ›
On October 12, 2021, Estates, Trusts, and Probate Litigation Group Co-Chair, Adam Fried, testified to the Ohio House Civil Justice Committee in opposition of HB 339, a proposed legislation involving electronic wills. Adam was asked to join a task force that included members of the Ohio State Bar Association Estate Planning, Probate and Trust Section Counsel and the Ohio Probate Judges Association to study and comment on this proposed legislation involving electronic wills. The task force met weekly for several months and came out with firm objections to components of HB 339 ... Read More ›
June 15th is World Elder Abuse Awareness Day. Older people throughout the United States lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation. Elder abuse also creates health care and legal costs for our society.
Our Estates and Trusts Practice Group is committed to providing compassionate and efficient legal service to elderly individuals and their families.
We are pleased to provide these resources to proactively avoid and protect yourself and your loved ones against elder financial exploitation.
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 ›
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),
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 ›
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 ›
Between 2013 and 2017, financial institutions have reported to the federal government over 180,000 suspicious activities targeting older adults, involving a total of more than $6 billion. In 2017 alone, banks and other financial institutions filed approximately 63,500 reports with the U.S. Department of Treasury regarding suspected financial exploitation of older adults. That number has continued to rise. The full report by the Consumer Financial Protection Bureau can be found here. These are only the reported figures. A 2017 World Health Organization study determined that 1 in 6 adults over 60 was the victim of some form of exploitation or abuse. Because of the feelings of shame and embarrassment that inevitably comes from being duped, and because of other circumstances where the person may not even know he or she is being exploited, these numbers are most likely low.Read More ›
Recently the Ninth District Court of Appeals made a ruling in the matter of In Re: Guardianship of Bakhtiar, which allows persons interested in the welfare of another the ability to intervene in guardianship proceedings if the party who is intervening can demonstrate an interest relating to the property or transaction that is the subject of the action.Read More ›
Reminger Co., LPA is pleased to announce that Adriann S. McGee has been named to the Board of Directors for the Ohio Coalition for Adult Protection Services (OCAPS). OCAPS is a statewide coalition that strives to enhance the provision of services to adults at risk of abuse, neglect, and exploitation through education and advocacy.Read More ›
- Welcome, Michael Brody!
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- 13 Reminger Estate & Trust Attorneys Recognized in 2024 Edition of Best Lawyers in America
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- Confidentiality and Privilege in Post-Death Disputes: Is it time to Tweak R.C. 2317.02?
- Adriann McGee and Mary Kraft Obtain Jury Verdict and Attorney Fees in Breach of Fiduciary Case Involving Power of Attorney Abuse
- Cleveland Jewish News goes one-on-one with Adam Fried
- Analysis of the Amendments to Ohio Rule of Superintendence Rule 66