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 ›
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 ›
Adam M. Fried, Co-Chair of Reminger Co., LPA's Estate and Trust Litigation Practice Group, has been invited to lecture to the Ohio Fellows of the American College of Trust and Estate Counsel (ACTEC) on the subject of extrinsic evidence and fiduciary litigation. This presentation complements the one Adam gave previously to the Ohio Probate Judges Association at their annual conference in June 2019.Read More ›
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 ›
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 ›
- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?
- New Probate Legislation Expands Guardian Powers, Clarifies Spousal Rights
- Doing our Part to Support Elder Justice
- Fairness and Fees in Inheritance Disputes
- Say What You Mean: Don’t Bet the Farm on Imprecise Language
- Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel
- Ohio Courts to Estate Creditors: We REALLY Mean Six Months!
- Should I Challenge My Inheritance? Part Four: Economic Considerations of Inheritance Dispute