Probate Litigation Attorneys
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.
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.
Franklin C. Malemud recently served as a speaker at the 2018 Annual Conference of the National Trust Closely Held Business Association (NTCHBA). Franklin and a colleague presented “Issues and Trends in Fiduciary Litigation from the Perspectives of the Planner and Litigator."
Adam Fried will be presenting "Trustees Beware: The Fiduciary Exception to the Attorney Client Privilege and the Duty of Impartiality," at the Jewish Federation Council of Cleveland Professional Advisory Council's 46th Charitable Tax Seminar, held on Wednesday, June 6, 2018.
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.