Posts tagged Trust Litigation.
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."

Recent Case Helps Trust Beneficiaries Recover Attorney Fees in a Trust Dispute

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.

Arbitration of Trust Disputes

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.

Acceleration and Release on Final Trustee Account

“Keep in mind – beneficiaries are like cats and they will bite you for no good reason.”[1]  Serving as the trustee of a trust can be challenging because a trustee’s administrative responsibilities are, at times, layered with complicated family or beneficiary dynamics.  While there is no way to guarantee a problem-free administration or termination of trust, Ohio law provides a method to expedite the process to complete distribution while providing protections for the trustee against future claims of the beneficiaries.

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.

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.  

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.

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.

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.

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.