Franklin is a shareholder and serves as co-chair of Reminger's Probate and Trust Litigation practice group. The majority of Franklin's practice focuses upon litigation involving wills, trusts, guardianship, conservatorship, powers of attorney, and living wills. In addition, Franklin defends professional liability litigation with a focus upon lawyer negligence.
Franklin serves on the Jewish Community Federation's (JCF) Professional Advisory Council steering committee, which assists JCF members with continuing education on charitable gift planning.
- Campbell v. Marcinkevicius, U.S District Court for the Northern District of Ohio, 2020, Case No. 1:20-cv-473
- Hammon v. Huntington Natl. Bank, 2018-Ohio-87
- Kinchen v. Mays, Trustee, 8th Dist. No. 100672, 2014-Ohio-3325
- Whitacre v. Crowe, 9th Dist. No. 11CA0019-M, 2012 Ohio 2981
- Grzely v. Singer, 11th Dist. No. 2011-L-106, 2012 Ohio 2440
- Steingass v. Steingass, 8th Dist. No. 97515, 2012 Ohio 1647
- In re Guardianship of Hards, 11th Dist. NO. 2010-L-088, 2011 Ohio 5101
- In re Estate of Ryan, 11th Dist. No. 2010-L-075, 2011 Ohio 3891
- Mastro v. Glavan, 11th Dist. No. 2010-A-0044, 2011 Ohio 3628
- Dudek v. Thomas & Thomas Attys. & Counselors at Law, LLC, 702 F.Supp.2d 826 (N.D. Ohio 2010)
- Cosgrove v. Rose, 8th Dist. No. 90771, 2009 Ohio 342
- In re Hards, 11th Dist. Nos. 2006-L-158, 2007-L-012, 2008 Ohio 63
- Nat. City Bank v. Noble, 8th Dist. No. 85696, 2005 Ohio 6484
Honors & Recognitions
Fellow, American College of Trust and Estate Counsel (ACTEC)
Listed in Best Lawyers in America for Best Lawyer of The Year 2021 - Litigation - Trusts and Estates
Listed in Best Lawyers in America for Trusts and Estates, Litigation - Trusts and Estates
Listed in Best Lawyers in America for Commercial Litigation
Recognized as a Rising Star and as a Super Lawyer by Ohio Super Lawyers Magazine
Community & Professional
2016-2017 Chair of the Cleveland Metropolitan Bar Association (CMBA) Estate Planning, Probate and Trust Law Section
-Vice-Chair of CMBA’s 2016 and 2017 Hot Topics for Estate Planners Seminar
Ohio State Bar Foundation
Cleveland Metropolitan Bar Foundation
- Oct 6, 2021, Plaintiff VerdictCuyahoga County Probate Court
We obtained a Plaintiffs’ verdict at trial for the decedent’s sisters invalidating, on the basis of undue influence, changes made to their decedent brother’s beneficiary designations for bank accounts, retirement accounts, a car title, and real estate executed two months before the decedent died and were contrary to the decedent’s expressed intent in his estate planning for more than 20 years. The trial victory resulted in $800,000 being returned to the benefit of Plaintiffs and their family members.
- Aug 30, 2021, DismissalU.S. District Court, Northern District of Ohio
Defense of an attorney-trustee in trust lawsuit. The Federal Court dismissed the Plaintiff’s federal lawsuit on res judicata grounds.
- Oct 13, 2020, Motion to Dismiss GrantedUnited States District Court for the Northern District of Ohio
Plaintiff Beneficiary has been litigating for years in state court over Plaintiff’s parents’ estate plan with varied results. Presumably dissatisfied with the rulings in state probate court, Plaintiff tries to bring new suit against Trustee in Federal Court which has limited subject matter jurisdiction. Trustee client successfully moved the Court to abstain or defer to multiple state court proceedings where all parties represented before a single probate judge. Federal Court stayed proceedings before it pending outcome of state probate and appellate matters.
- May 14, 2020, Granted partial summary judgmentCuyahoga County Probate Court
Obtained partial summary judgment on plaintiffs’ behalves in will-construction claim filed in alternative to a will-contest to determine whether plaintiffs were beneficiaries pursuant to the will’s terms. Court also determined that it would oversee the distribution of the estate to ensure the defendant acts in accordance with the testator’s intent and not in bad faith, with dishonesty, or with improper motive regarding further distributions. The Court also held that plaintiffs did not violate the will’s no-contest clause in pursuing the will-construction claim.
- Aug 1, 2019, Favorable RulingCuyahoga - Probate
Represented siblings in will construction/contest lawsuit and declaratory judgment complaint in which motion was filed for removal of Executor, brother of the deceased
- Jul 31, 2019, Summary JudgmentWood County
Successfully represented creditor in securing summary judgment on plaintiff/creditor’s complaint for the principal and interest due and further securing for creditor an order of summary judgment on counter-claims filed by debtor.
- Nov 5, 2018, Favorable JudgmentGeauga - Probate
Following bench trial to the Probate Judge, successfully obtained court order, over beneficiary’s objection, a) approving institutional Trustee’s accounting and b) releasing Trustee for its conduct including payment of fiduciary fees and its litigation attorney fees, and for making loan to beneficiary secured by beneficiary’s fraudulent representation to the institutional Trustee.
- May 9, 2018, Summary Judgment GrantedCuyahoga - Probate
Obtained summary judgment for Plaintiff on will contest complaint thereby invalidating decedent’s Last Will and Testament.
- Feb 13, 2018, Motion For Summary Judgment GrantedCuyahoga
Defense of alleged estate planning legal malpractice. Motion for Summary Judgment granted in favor of attorneys, resulting in dismissal of entire lawsuit.
- Sep 10, 2014, Motion to Remand Case DeniedUnited State District Court for the Southern District of Ohio Eastern Division
- Jul 24, 2012, Motion to Dismiss and Compel Arbitration grantedPortage
Motion to dismiss and compel arbitration was granted in favor of client in class action legal professional liability claim.
- Jun 29, 2012, Judgment Affirmed9th Appellate Dist.
Plaintiff appealed adverse trial court judgment in probate will contest action.
- Jun 15, 2012, Judgment Affirmed11th Appellate Dist
T. Grzely v. M. Lucas-Singer,fka Grzely, et al.
Claimant heir appeals adverse trial court judgment denying life insurance proceeds from decedent
- Jul 29, 2011, Judgment Affirmed11th Appellate Dist No. 2010-L-075
Estate of Marion Ryan
Plaintiff appeals adverse trial court judgment in will contest claim.
- Jul 26, 2011, Judgment Affirmed11th Appellate Dist
Sharon Mastro v. Jane Glavan, Extrx. Of E/O Norman Hanslik, et al
Plaintiff appeals adverse trial court judgment rejecting their claim of will invalidation.
- Aug 19, 2021
- Press Release, Dec 8, 2020
- Press Release, Aug 21, 2020
- Press Release, Aug 20, 2020
- Press Release, May 1, 2020
- Press Release, Nov 27, 2019
- Press Release, Aug 15, 2019
- Press Release, Dec 5, 2018
- Press Release, Nov 12, 2018
- Press Release, Aug 15, 2018
- Press Release, Dec 6, 2017
- Press Release, Apr 26, 2017
- Press Release, Dec 2, 2016
- Franklin C. Malemud Appointed as Chair of the Estate Planning, Probate and Trust Law Section of the Cleveland Metropolitan Bar AssociationJul 6, 2016
- Press Release, Dec 2, 2015
- Press Release, Mar 30, 2015
- Adam M. Fried and Franklin C. Malemud Co-Author Chapter in Textbook Addressing Financial Exploitation of the ElderlyPress Release, Oct 9, 2014
- Press Release, May 13, 2014
- Press Release, Dec 16, 2011
- The Role of the Probate Court Under the Ohio Trust CodeXenia, OH, Oct 18, 2019
- Maintaining an Ethical Balance in Probate Practice and Litigating the Case in Probate CourtCleveland, OH, Oct 11, 2019
- What is a Fiduciary to Do? Evolving Roles of Fiduciaries in Family DisputesColumbus, OH, Sep 13, 2019
- Issues and Trends in Fiduciary Litigation from the Perspectives of the Planner and LitigatorCleveland, OH, Sep 18, 2018
- CLE Webinar, Jan 17, 2018
- Common Issues to Be Prepared for in Probate LitigationCleveland, OH, May 19, 2017
- Ethical Challenges in Estate AdministrationCleveland, OH, May 17, 2017
- Fiduciary Estate and Trust Closings in OhioLouisville, KY, Oct 26, 2016
- Primer on Trust LitigationPNC Bank Asset Management Group - Philadelphia, PA, Aug 14, 2014
- The Ohio Trust Code: Flexibility and ProtectionCleveland Marshall Law Alumni Association Estate Planning/Elder Law CLE - Cleveland, OH, Oct 12, 2013
- Differing Answers to Questions on Beneficiary Rights and Trustee’s ReportingOhio State Bar Association Estate Planning Institute - Columbus, OH, Sep 25, 2013
- Ohio Developments involving Federal Debt Collection Practices Act Litigation Against Creditors AttorneysOhio Creditor’s Attorneys Assn. Spring Meeting - Cleveland, OH, May 8, 2013
- Update on Federal Debt Collection Practices Act LitigationOhio Creditors Attorney Association - Columbus, OH, May 3, 2013
- Litigation in Probate Court PresentationCleveland Association of Civil Trial Attorneys - Cleveland, OH, Apr 3, 2013
- Issues of Undue Influence, Non-Judicial Tools Available to Address Exploitation and Judicial RemediesAnnual Montefiore Foundation Professional Advisor Seminar - Cleveland, OH, Oct 25, 2012
- Unusual Probate Jurisdiction: Creditor Bills and the Involuntary Treatment for Alcohol and Substance AbuseOhio Association of Magistrates Fall Meeting - Columbus, OH, Oct 10, 2012
- Estate Planning Update- - Ethical and Professional BehaviorCleveland Metropolitan Bar Assn CLE - Cleveland, OH, Sep 18, 2012
- "Probate Proceedings and Litigation", Gilbride Continuing Legal EducationJun 2012
- Surcharge Proceedings in Probate CourtAssociation of Magistrates Spring Conference - Cleveland, OH, May 4, 2011
- "Surcharge Proceedings in Probate Court", The Ohio Association of MagistratesApr 2011
- Ohio Trust Code and Current Trends in Probate and Trust Litigation - Gilbride Insurance Consultants CLE SeminarIndependence, OH, Nov 11, 2010
- Trends In Probate And Trust Litigation - Cleveland Metropolitan Bar Association CLECleveland, OH, Sep 21, 2010
- "Ohio Trust Code: 4 Years Later", Cleveland Metropolitan Bar AssociationSep 2010
- "The Ohio Trust Code Three Years Later - Practical Application and Advice" (panel speaker), the Cleveland Jewish Federation Annual Charitable Tax SeminarJun 2010
- Ohio Trust Code Three Years Later- Practical Applications and Issues- Jewish Community Federation of Cleveland 38th Annual Tax Seminar.Cleveland, OH, Jun 3, 2010
- "Developments in Ohio Trust Code and the Codes impact on the Elderly Client"- Cleveland Marshall College of Law Alumni Assn. CLE.Cleveland,OH, Mar 13, 2010
- "Evidence for Probate Magistrates", the Ohio Association of MagistratesFall 2009
- Evidence for Probate MagistratesOct 2, 2009
- Closing the Estate, Ohio State Bar Association CLE SeminarCleveland, Ohio, Jun 11, 2009
- "Basics of Estate Administration", Ohio State Bar Association2008
- "A Probate Administration Primer" Cleveland-Marshall College of Law Elder Law SeminarMar 2007
- New Developments Affecting Estate Administration, Cleveland Marshall College of Law CLECleveland, Ohio, Mar 3, 2007
- Legal Malpractice in the Context of Estate Planning to the Cleveland Bar Association (January 2005) and at the Cleveland-Marshall College of Law Elder Law SeminarNov 2005
- NBI Basic Estate Planning TechniquesAug 2004
- Estate Planning an Overview to staff of Cuyahoga Community CollegeMay 2004
- Hey Fiduciaries, the Ohio Trust Code is Still Your FriendProbate Law Journal of Ohio, Nov/Dec 2019 , Dec 2019
- Finally...Confirmation that Finality and Protections Are Available to Trustees Under the Ohio Trust CodeProbate Law Journal of Ohio-July/August 2017 | Volume 27 | Issue 6, Aug 14, 2017
- Probate Law Journal of Ohio, March/April 2015, Apr 1, 2015
- Elder Exploitation of Elder AbuseAging and Money - Springer Publication 2014, Jun 2, 2014
- Jan 7, 2014
- Differing Answers to Questions on Beneficiary Rights and Trustee ReportingNovember/December 2013 Probate Law Journal – Ohio State Bar Association, Dec 9, 2013
- Probate Law Journal of Ohio, September/October 2013, Vol. 24, Issue 1, Oct 8, 2013
- Sep 1, 2012
- Probate Law Journal of Ohio - July/August 2012 edition, Jul 15, 2012
- Practice Pointers on How to Avoid Pitfalls in Seeking Appointment of an Independent Estate Fiduciary to Bring a Lawsuit in a No Asset Estate and the Potential of Bringing the Claim Without Such AppointmentNov 1, 2011
- Estate and Trust Dispute Center of Ohio, Sep 1, 2021
- Estate and Trust Dispute Center of Ohio, Apr 14, 2021
- Estate and Trust Dispute Center of Ohio, Oct 21, 2020
- Estate and Trust Dispute Center of Ohio, Apr 24, 2020
- Estate and Trust Dispute Center of Ohio, Apr 24, 2020
- Estate and Trust Dispute Center of Ohio, Apr 2, 2020
J.D., Case Western Reserve University School of Law, 1997
B.A., The Ohio State University, 1994
- State of Ohio, 1997
- U.S. District, Northern District of Ohio, 1998
- U.S. District, Southern District of Ohio, 2001