Adam Fried, Adriann McGee, and Mary Kraft co-authored "Filo v. Filo: An Illustration Of The Mechanics Of The Rebuttable Presumption Of Undue Influence And Jury Instructions" for the Probate Law Journal of Ohio.
While the presumption exists to make it easier to prove undue influence claims, it should be remembered that the same facts used to rebut the presumption can also demonstrate to a jury that undue influence was not exercised. This article explores the mechanics of the presumption through the case recently decided by the 12th District Court of Appeals in Filo v. Filo.
Reprinted ... Read More ›
A last will and testament is one of those rare documents in life where formalities apply to the execution. In Ohio, there are specific formalities that must be followed in order for a will to be deemed valid. For example, the testator – that is, the person making the will – must:
- be an adult, at least 18 years of age
- of sound mind, - free of undue influence or restraint. R.C. 2107.02.
The will must be:
- in writing,
- signed at the end by the testator (or by someone else at the direction of the testator and in his/her conscious presence),
We have often written in our blog about the rise in financial abuse and exploitation of the elderly. Members of our practice group serve on the Board of Directors for Ohio Coalition of Adult Protective Services. We have presented on the topics of elder abuse and diminished capacity to better educate other professionals and the public at large about the special care and protection our seniors require.
Unfortunately, some vulnerable clients are not even safe from their own lawyers. Recently, the Ohio Supreme Court issued a two-year suspension (with one-year stayed) of the law license of James Bishop, II because he took advantage of his elderly estate planning clients, Isadore and Helen Urbanski.Read More ›
Reminger Co., LPA is pleased to announce that Adriann S. McGee has been named to the Board of Directors for the Ohio Coalition for Adult Protection Services (OCAPS). OCAPS is a statewide coalition that strives to enhance the provision of services to adults at risk of abuse, neglect, and exploitation through education and advocacy.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 ›
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 ›
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 ›
When Ohio House Bill 432 and Ohio Revised Code Chapter 2137 became effective on April 4, 2017, estate fiduciaries were given new tools for managing a decedent’s digital property.
From social-media profiles, to email accounts, to Apple and Amazon digital libraries of music, movies, and media, more and more people are dying with digital assets stored in various clouds. Upon Chapter 2137 becoming effective, executors, administrators, and trustees can request a catalogue of the decedent’s digital assets with various providers and access to the same. Read More ›
Great wealth, in the trillions of dollars, will be transferred from one generation to the next as our population ages. While most estates proceed as intended, there will always be greed and dysfunction among a small percentage of American families; so much so, that business for attorneys skilled in the pursuit or defense of estate disputes will be plentiful, as the number of disputes centered on challenges over the rights to a decedent’s assets will explode in the years to come. Read More ›
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