Posts tagged Wills.
The Person Behind the Will: The Contest of the Will of Michael Posey

The subject matter at issue in probate litigation is almost always intrinsically human. We are dealing with a person who writes a will, an object of that person’s affection that receives the benefit under a will, and a person who, for lesser motives, preys upon the condition of the testator to gain an advantage under a will. To successfully pursue, defend, and evaluate the strengths and weaknesses of a will contest, the critical thing to understand is the person who wrote the will: why would that person execute this document?

A will, once executed, tells its own story. The ... Read More ›

Adam Fried and Timothy Gallagher Obtain Jury Verdict in Favor of Client in Undue Influence Will Contest Case 

After thirty months of hard-fought litigation, Adam Fried and Timothy Gallagher were pleased to obtain a defense verdict in favor of their client in an undue influence will contest case. Our client was accused by her twin sister of unduly influencing their mother to change her will. After four days of trial, the jury returned a 7-1 verdict in favor our client.  

This was Reminger’s fifth consecutive successful will contest representation at trial in the last four years. 

At Reminger, we have more than 100 combined years of experience guiding clients through Ohio's probate and estate ... Read More ›

In our new e-book, Overcoming Disinheritance: Decoding the Estate Plan to Find a Path Forward, Adam Fried reviews the anatomy of an estate plan to help you estimate the value of an estate and examine how inheritances can be diverted by bad actors. 

No Exceptions: Ohio Supreme Court Holds that Voiding Statute Applies to all Wills Admitted to Probate
 

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 ›

Know What You Have: Codicil Cannot Amend an Earlier Trust

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 Scheduled to Speak at 2020 The Ohio American College of Trust and Estate Counsel Fellow Meeting

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 ›

When Should I Get a Last Will and Testament?

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 ›

Ohio’s New Laws Governing the Management of Digital Property After Death

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 ›

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