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 ›
Today the Ohio Supreme Court reversed a Sixth District Court of Appeals decision that held Ohio’s “harmless error statute” permitted a witness to a will to inherit under that will. The Supreme Court accepted jurisdiction on the question of the applicability of R.C. 2107.15 voiding provisions, which prohibit a witness to a will from taking more than his or her intestate share under the will. The Supreme Court held that the voiding provision of R.C. 2107.15 “applies equally to essential witnesses to both formally compliant and remediated wills.”
The unique set of facts that ... 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),
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 ›
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 ›
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 ›
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 ›
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 ›
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 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 ›
- Adam Fried Testifies to the Ohio House Civil Justice Committee Regarding Remote Witnessing of Wills
- 2021 Recap: Ohio Legislative & Case Law Updates
- Reminger Estate & Trust Attorneys Recognized in 2022 Edition of The Best Lawyers in America®
- Trust Lawsuits Dismissed by both Ohio and Federal Courts on Res Judicata Grounds
- Free Britney!?: Can Britney Spears Free Herself?
- Estate and Tax Planning Alert: Potential for Reduced Federal Estate & Gift Tax Exemption Amounts
- Free Britney!?: The Conservatorship of Britney Spears
- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?