Posts tagged Probate Litigation.
Confidentiality and Privilege in Post-Death Disputes: Is it time to Tweak R.C. 2317.02?

Jessica Forrest authored "Confidentiality and Privilege in Post-Death Disputes: Is it Time to Tweak R.C. 2317.02?" for the Probate Law Journal of Ohio.

Reprinted from Probate Law Journal of Ohio available in print and on Westlaw with permission from Thomson Reuters. Copyright © 2023. Further use without permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://store.legal.thomsonreuters.com/law-products/Newsletter/Probate-Law-Journal-of-Ohio/p/100028597 .Read More ›

Adriann McGee and Mary Kraft Obtain Jury Verdict and Attorney Fees in Breach of Fiduciary Case Involving Power of Attorney Abuse

Adriann McGee and Mary Kraft represented a Plaintiff, the Executor of an Estate in a claim for breach of fiduciary duty. Plaintiff’s claim included that the power of attorney for the decedent breached her duties by adding herself as the co-owner on the decedent’s bank account, then gifting herself funds that belonged solely to the decedent.

Adriann and Mary presented their case over a 4 day trial in front of the jury. The jury also awarded attorney fees and costs to the Plaintiff estate. This was the first jury trial to be held in the Delaware County Probate Court in 25 years. Read More ›

In our new e-book, Overcoming Disinheritance: Decoding the Estate Plan to Find a Path Forward, Adam Fried reviews the anatomy of an estate plan to help you estimate the value of an estate and examine how inheritances can be diverted by bad actors. 

2021 Recap: Ohio Legislative & Case Law Updates

Paul Shugar presented the below information on Legislative Updates on House Bill 7 and Other Statutory Law Changes as part of the 2021 Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, hosted by the Ohio State Bar Association.

2021 Revise Probate Law, Guardianship Law, and Ohio Trust Code (H.B. 7)

Overview

After the Ohio House of Representatives passed H.B. 7 by a vote of 98-0 on March 3, 2021, the Senate passed the bill by a 32-0 vote on May 5, 2021. Governor Mike DeWine signed House Bill 7 into law on May 20, 2021, and it became effective on August 17, 2021. The new law made ... Read More ›

Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel

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. To read the full e-book, click here.

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 ... Read More ›

Beneficiary Designation Dispute Based on Recent Dementia Diagnosis Not Enough to Invalidate Beneficiary Designation for Lack of Capacity

A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›

Adam M. Fried Profiled in Ohio Super Lawyers Magazine

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 ›

Adriann McGee Authors Article for July/August 2019 Issue of Probate Law Journal of Ohio

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 ›

Timothy Gallagher Presents Continuing Legal Education for the Akron Bar Association Probate Law Section

Timothy Gallagher recently presented a 45-minute CLE for the Akron Bar Association Probate Law Section.Read More ›

Financial Abuse of the Elderly on the Rise: What Can You Do?

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 ›

Ohio Probate Court Decision Demonstrates the Potential for Monetary Risk Associated with Role of Executor or Trustee

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.  Read More ›

Adam M. Fried Presents at The Marvin R. Pliskin Advanced Probate and Estate Planning Seminar

Adam M. Fried recently presented at The Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, sponsored by the Ohio State Bar Association's Estate Planning, Trust and Probate Section. More than 250 attorneys from across the state of Ohio attended the full-day Continuing Legal Education course.Read More ›

Paul R. Shugar to Present at 2018 Ohio Guardianship Association's 13th Annual Education Conference

Reminger Co., LPA is pleased to announce that Paul R. Shugar will be presenting at the 2018 Ohio Guardianship Association's 13th Annual Education Conference alongside attorney Kathryn Joseph on “Invasion of Independence in Guardianship: A Case Study. Lessons from the Case Involving the Exploitation of Dr. Charles Sifford.”Read More ›

An Overview of How to Use Electronic Discovery in Probate Litigation

Paul Shugar will be presenting "Don't Text and Unduly Influence: An Overview of How to Use Electronic Discovery in Probate Litigation" at the Cleveland Metropolitan Bar Association's Estate Planning, Probate & Trust Law Section Meeting and CLE, held on Tuesday, May 15, 2018.  Read More ›

Adam M. Fried to Present at Dayton Bar Association's 2018 Probate Law Institute CLE on March 9th

Adam M. Fried will be presenting "Erosion of Attorney-Client Privilege: Fiduciary Exception," at the Dayton Bar Association's 2018 Probate Law Institute. 

Fried's presentation is is part of a full-day 6.0 Continuing Legal Education program. The CLE will be held on March 9th from 8:30 am to 4:15 pm at Sinclair Community College, Building 12.Read More ›

Adam Fried and Franklin Malemud to Serve on National CLE Webinar Panel Addressing Trust and Probate Challenges

Adam M. Fried and Franklin C. Malemud have been invited to participate on a panel for an upcoming CLE webinar hosted by Strafford. Entitled "Trust and Probate Challenges: Minimizing and Litigating Claims of Undue Influence, Fraud, Capacity and Mistakes," this webinar will be held on Thursday, January 18th from 1 pm-2:30 pm EST. The format will offer an interactive Q&A session as well.Read More ›

Adam M. Fried Invited to Present on Attorney-Client Privilege at Upcoming Ohio State Bar Association Webinar 

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.Read More ›

Timothy J. Gallagher Joins Reminger Co., LPA’s Cleveland Office

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.Read More ›

Reminger Co., LPA Sponsors Ohio State Bar Association's Marvin R. Pliskin Advanced Probate and Estate Planning Seminar

Reminger Co., LPA is proud to have served as a sponsor for the Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, held in conjunction with the Ohio State Bar Association in Columbus, Ohio on Friday, September 15, 2017.Read More ›

Finally, Confirmation that Finality and Protections are Available to Trustees Under the Ohio Trust Code  

Reprinted from Probate Law Journal of Ohio, with permission of Thomson Reuters.  Copyright © 2017.

Years after the initial enactment of the Ohio Trust Code and articles published in this journal1 the Tenth District Ohio Court of Appeals in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No. 15AP-751, 2017-Ohio-838, confirmed the viability of options under the Trust Code that afford trustees a path to finality in trust administration not subject to continuing court jurisdiction. Specifically, the Zook court confirmed what readers of this journal and those familiar with the Trust Code already “know”:Read More ›

Adam M. Fried Invited to Speak at the American Academy of Psychiatry and the Law Annual Meeting

October 26 - 29, 2017 - Denver, Colorado

Adam M. Fried has been invited to speak at the Annual Meeting of the American Academy of Psychiatry and the Law, which will be held October 26th through October 29th, 2017 at the Hyatt Regency Denver at the Colorado Convention Center in Denver, Colorado. Adam's presentation, entitled "Attacking Forensic Psychiatric Testimony," will be lead in tandem with forensic psychiatrists Stephen Noffsinger, M.D. and Sherif Soliman, M.D., and law professor Carolyn Dessin, J.D.  This 1.45 hour workshop will include role-playing, writing exercises, and other hands-on training.  Read More ›

Four Reminger Attorneys Named 2018 Best Lawyers for Litigation-Trusts & Estates, Trusts & Estates

Twenty-four Reminger attorneys were included on the 2018 Best Lawyers in America© list, including 17 from our Cleveland office, four from our Columbus office, two from our Sandusky office, and one from our Cincinnati office. Of that group, four were honored in the category of Litigation-Trusts and Estates, and Trusts and Estates.Read More ›

Adam M. Fried Named 2018 Best Lawyers® Lawyer of the Year Litigation – Trusts and Estates, Cleveland

Reminger Co., LPA is proud to announce that Adam M. Fried has been honored as "Best Lawyers® 2018 Lawyer of the Year” for Litigation - Trusts and Estates, Cleveland.

Adam received the recognition from Best Lawyers in America, a respected legal publication that selects its outstanding attorneys by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their peers. Read More ›

Forcing the Production of Information in Probate Litigation When You Have Been Disinherited

Can a disinherited person force the production of information necessary to substantiate the efforts required to pursue a challenge to a Will, beneficiary designation, or Trust?

Isolation and manipulation of a loved one by those who are intent on deriving benefits from an estate are frequent realities in estate litigation cases.  Undue influence, the process by which a person’s mind is subjugated so that the decision-making is actually that of the perpetrator, is almost always done behind closed doors.  The byproduct of isolation and conduct perpetrated in the dark is lack of information.  Family members are left with only questions and no answers.Read More ›

People Considering a Will Contest Must Move Quickly

The loss of a loved one is a devastating event, and can be a chaotic and confusing time for those left mourning. The making of phone calls to family and friends, the preparation of funeral arrangements, and the handling of other post-death matters must be addressed. But what do family members do when they find out that something suspicious has happened with their loved one’s last will and testament?Read More ›

When Should I Get a Last Will and Testament?

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.Read More ›

Recent Posts

Probate Litigation Attorneys

Jump to Page

By using this site, you agree to our updated Privacy Policy and our Terms of Use