Res judicata, literally meaning "a matter [already] judged," is a prudential doctrine that is meant to ensure the finality of judgments and conserve judicial resources by protecting litigants from multiple litigation involving the same claims or issues. When one court has already resolved the merits of a case, another court will not revisit them.
Recently, Reminger attorneys Russell J. Meraglio, Jr. Franklin C. Malemud, and Timothy J. Gallagher represented an attorney who was appointed by the Cuyahoga County Probate Court to serve as successor trustee over a trust. The removed ... Read More ›
Inheritance disputes are often motivated by principle and emotion. No matter how right a claimant thinks they are, the style and approach to their case may create financial risk in paying another’s attorney fees and/or depleting any inheritance the claimant otherwise would receive. Choosing the right attorney will help you navigate this risk.
Inheritance claim litigation often involve claims to invalidate documents or transactions through declaratory judgment claims as well as the pursuit of breach of fiduciary duty claims. Ohio follows the American rule which generally ... Read More ›
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.
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 20 years ago, a couple of our firm’s ... Read More ›
Most everyone owns property, but we find in our probate dispute practice that very few people have a detailed grasp of exactly what they own and how they own it. Many people forget or are simply unaware of what instruments and documents can be used to convey, transfer, gift, or bequeath their property to another. For instance, you could go to a lawyer, write a will and leave everything to your two children equally. The next day, you could into a bank and put your account in joint form with one of your children. While your intent may be to add a child as a helper to manage your bank account, the ... Read More ›
It goes without saying that COVID-19 has substantially disrupted our way of life. The attorneys in Reminger’s probate and trust litigation group are no different than anyone else, in that regard, and we sincerely appreciate your patience during these trying times. We hope that you are staying safe and we look forward to assisting you in person once again. 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 ›
A primary factor many consider when looking to hire an attorney to pursue a Trust dispute is the cost of representation (i.e. attorney fees and out of pocket litigation expenses). In deciding whether to hire an attorney, prospective clients almost always ask: “If I win, can I get my attorney fees paid?” Under Ohio law, the short answer is often “no”. However, a recent case interpreting a statute enacted in 2007 will help Trust beneficiaries recover attorney fees and litigation expenses in a Trust dispute.Read More ›
One advantage of using a trust for estate planning is privacy. The probate process is generally all a matter of public record for any inquiring mind. Trusts, though intended to be more private, can become public when disputes arise that pull the administration into court. But a new Ohio law is changing that.Read More ›
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 ›
Adam Fried is participating on a panel on NPR's "Sound of Ideas" program, broadcast on April 16th on 90.3 WCPN FM in Cleveland. The topic is "National Healthcare Decisions Day." Read More ›
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 ›
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 ›
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 ›
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 ›
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 ›
Ten years after the first enactment of the Ohio Trust Code, in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No. 15AP-751, 2017-Ohio-838, the Tenth District Ohio Court of Appeals gave insight into protections under the Ohio Trust Code afforded trustees against beneficiary claims and a provided a roadmap for a beneficiary to challenge such protection.Read More ›
Following up on the recent blog post on basic principles of trust reporting, the Fifth District Court of Appeals released a timely analysis involving a trustee’s failure to account and an award of attorney fees against the trustee for their breach of duty in McHenry v. McHenry, (5th Dist.), 2017-Ohio 1534. The decision, originating out of the Stark County Probate Court is significant for two reasons: (1) it provides a thorough analysis of a trustee’s duty to account even in the face of trust language relieving the trustee of his duty to account; and (2) the court awarded attorney fees in excess of the value of the compensatory damages, pursuant to its authority under R.C. 5810.04.Read More ›
You are a trust beneficiary.
You have no idea what is in the trust, what has been spent out of the trust, and what will be spent out of the trust.
Must the trustee open his books to you? What rights do you have to receive this information? Read More ›
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