Probate Litigation Attorneys
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.
Happy days! You just learned that your favorite uncle appointed you trustee of his trust and nominated you as his executor of his will. The honor (he trusted you enough to install this mantle upon you), the power (you get to make decisions that affect beneficiaries’ lives), the riches (you get an income taxable fiduciary fee)–not so fast! While there is certain honor in taking on that role, the office’s mantle carries tremendous responsibilities and risk.
Trustees Under Attack Through the Erosion of the Attorney Client Privilege: Recent Case Law Development and the Fiduciary Exception to the Attorney Client Privilege
Ohio State Bar Association "Quick Webcast" Program
December 13, 1:00 PM EST
1.0 CLE hour / 1.0 Professional Conduct hour
The attorney client relationship between trustees, executors and their attorneys can be complicated. The relationship is more complex when disputes develop and claims are raised against the fiduciary. From the pitfalls of conflicts of interests as identified in Cincinnati Bar Association v. Robertson to the question as to whom the attorney owes a duty when representing a fiduciary who, in turn, owes duties to the beneficiaries will be discussed in this one-hour program.
Reminger Co., LPA is pleased to announce that Timothy J. Gallagher has joined our Cleveland, Ohio office.
Tim focuses his practice on legal matters involving probate, guardianship, trust, and estate administration. Tim represents trustees and executors of estates, creating flexible plans to meet their needs. Tim's experience in the area of probate and trust administration includes the drafting of estate plans for both individuals and families, and assisting them through the probate process. He also advises institutions on a variety of trust administration issues.
Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy - without a will and pursuant to the statutory scheme of the state where they live.
The Ohio Supreme Court provided more guidance regarding how creditors present their claims against estates with its ruling in Wilson v. Lawrence, Case Nos. 2015-2081, 2016-0180, 2017-Ohio-1410.
The main issue the Supreme Court addressed is to whom a creditor claim must be presented. Pursuant to R.C. § 2117.06, a creditor must present its claim against the estate within six months following the decedent’s death.