Overview
We are a team. In moments of high pressure or high intensity, we have the resources needed to effectively power your case. Our team has a very deep background in estate litigation matters.
Reminger’s Estates, Trusts, and Probate Litigation Practice Group understands the emotional issues surrounding contested estates, having represented clients on both sides of these controversies for decades. We pride ourselves on our ability to analyze, evaluate, and solve complex substantive problems on behalf of fiduciaries, beneficiaries, and third-party claimants in contested matters.
Our overarching goal is to help parties come to an amicable resolution; however, if one cannot be achieved, we are prepared and have extensive experience in the trial and appellate arenas.
Probate Litigation Attorney
Our estate dispute attorneys prosecute and defend cases before mediators, arbitrators, magistrates, judges, and juries throughout Ohio. We handle a variety of issues surrounding estate and trust litigation, including:
Will contests, including the prosecution and defense of validity of wills
Trust contests
Disputes over the meaning of words and clauses as written in Trusts, Wills and other donative instruments, otherwise known as Construction cases.
Concealment of asset actions
Representation of fiduciaries and beneficiaries in matters of mismanagement of assets and breach of trust
Removal or replacement of executors, trustees, or guardians
Contested Guardianship matters including disputes over incompetence determinations, choice of guardian, and removal of guardianship.
Investigation of power of attorney abuse and related claims
Invalidation of documents due to claims of undue influence, elder exploitation, lack of capacity and incompetence
Representation of parties in farm inheritance disputes
Estate Dispute Lawyer
Our lawyers are thought leaders on the subjects in which we litigate, demonstrated by lectures, articles, the developing of legislation and immeasurable actual/real experience that goes far beyond those who just merely dabble in estate litigation.
Our estate litigation team has had lead roles in decades of appellate decisions affecting and impacting the estate and trust law throughout Ohio. It is not unusual for many of our cases to be cited as precedent in decisions rendered on subsequent cases in which we have been involved. Some of those landmark cases are often cited throughout the courts of Ohio and cover such matters as removal of fiduciaries, construction of donative instruments, probate court jurisdiction, land usage, attorney disqualification, intentional interference with an expectancy of inheritance, legal malpractice/standard of care issues, and fiduciary accountings.
We can and do consider contingency and fixed fee compensation arrangements as well as traditional hourly rate fee structures.
Cuyahoga County Trust Dispute Lawyer and Franklin County Probate Litigation Lawyer
Reminger has assembled a large team of attorneys who handle claims relating to the administration of estates and trusts, and the protection of beneficiaries.
We believe in sharing our knowledge with clients and those just interested in learning more, which is why we host an informative blog on estate and trust disputes. To learn more about Reminger’s experience in this specialized area of law, visit The Estate and Trust Resource Center of Ohio by clicking on the image below to be redirected to our microsite and blog:
Honors & Recognitions
Reminger’s Estates, Trusts, and Probate Litigation Group was ranked by U.S. News - Best Lawyers® “Best Law Firms” as Metropolitan Cleveland Tier 1 for 2021.
Best Lawyers
Co-Chair Franklin Malemud Selected as Best Lawyers "Lawyer of the Year" 2021 – Litigation – Trusts and Estates – Cleveland
Co-Chair Adam Fried Selected as Best Lawyers "Lawyer of the Year" 2015 and 2018 – Litigation – Trusts and Estates – Cleveland
Co-Chair Adam Fried Selected as Best Lawyers "Lawyer of the Year" 2019 – Elder Law – Cleveland
Former Chair Leon Weiss Selected as Best Lawyers "Lawyer of the Year" – 2012 and 2014 for Litigation- Trusts and Estates – Cleveland
Super Lawyers
2020: Leon Weiss, Adam Fried, Russell Meraglio and Franklin Malemud were selected to the 2020 Ohio Super Lawyers list. Their primary area of practice is estate and trust litigation. Adam Fried also received special recognition as Top 50 Cleveland and Top 100 Ohio. Timothy Gallagher and Paul Shugar were selected to the 2020 Ohio Rising Stars list. Their primary area of practice is estate and trust litigation. View the official list here.
2019: Leon Weiss, Adam Fried, Russell Meraglio and Franklin Malemud were selected to the 2019 Ohio Super Lawyers list. Their primary area of practice is estate and trust litigation. Adam Fried also received special recognition as Top 50 Cleveland and Top 100 Ohio. View the official list here.
2018: Leon Weiss, Adam Fried, Russell Meraglio and Franklin Malemud were selected to the 2018 Ohio Super Lawyers list. Their primary area of practice is estate and trust litigation. Adam Fried also received special recognition as Top 50 Cleveland and Top 100 Ohio. View the official list here.
2017: Leon Weiss, Adam Fried, Russell Meraglio and Franklin Malemud were selected to the 2017 Ohio Super Lawyers list. Their primary area of practice is estate and trust litigation. View the official list here.
2016: Leon Weiss, Adam Fried, Russell Meraglio were selected to the 2016 Ohio Super Lawyers list. They were the only attorneys listed in the estate and trust litigation section. View the official list here.
2015: Leon Weiss, Adam Fried, and Russell Meraglio were selected to the 2015 Ohio Super Lawyers list. They were the only attorneys listed in the estate and trust litigation section. View the official list here.
2014: Leon Weiss, Adam Fried, and Russell Meraglio were selected to the 2014 Ohio Super Lawyers list. They were the only attorneys listed in the estate and trust litigation section. View the official list here.
2013: Leon Weiss and Adam Fried were selected to the 2013 Ohio Super Lawyers list. They were the only attorneys listed in the estate and trust litigation section. View the official list here.
2012: Leon Weiss was selected to the 2012 Ohio Super Lawyers list. He was the only attorneys listed in the estate and trust litigation section. View the official list here.
Representative Clients
PNC Bank, Farmers Trust Company
Testimonials
"I want to thank you for your help in this lawsuit. You guys are the best trust attorneys I’ve ever met, and I’ve met a lot of attorneys over my 40 years. Thanks so much for helping me in this stressful time."
-Bill, Executive VP and Trust Officer
"Reminger did an outstanding job of guiding me through the resolution of a very difficult trust. From issues regarding the trust’s interpretation, to administering assets in multiple states, to appeasing confrontational beneficiaries, Paul Shugar and Adam Fried were on top of everything. They kept me informed and knowledgeable as to my various decisions as we resolved the issues through litigation and kept the grantors’ intent intact."
“I wanted to express my gratitude for services rendered by Adam Fried and Franklin Malemud during recent settlement of expenses incurred from the late husband’s trust. I appreciate the expedient manner of settlement and the professional behavior of these attorneys. Mr. Fried, through 'quick thinking' on the telephone was even able to recoup funeral expenses from my husband’s estate. I am encouraged and grateful that these two attorneys represented and protected my interests.”
“The lawyering performed and results obtained by Reminger’s Probate Litigation lawyers in having an independent guardian appointed and earning an award of attorney fees was outstanding.”
"I could not have persisted for these three long years without your advice, professionalism, patience, and compassion! In spite of all the grief, working with all of you at Reminger has been a very positive experience. You have taught me so much about legal issues, various personalities, and life in general. Please know how grateful I am."
Results
- Nov 2, 2020, Successful defense of Motion to Remove ExecutorFranklin County Probate Court
Represented an attorney in the defense of a motion to remove him as executor of a substantial estate. Facing serious allegations of attorney client relationship and personal conflicts of interest, after a 2 day bench trial, we successfully defended the case and vindicated the clients reputation.
- 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.
- Aug 21, 2020, Affirmed Unanimous Jury Verdict6th District Court of Appeals
A defendant appealed the unanimous jury verdict which overturned the decedent’s last will and testament. The appellate court, in a unanimous decision, found there was ample evidence at trial supporting a finding that the will was the product of undue influence. As a result, our clients will share equally in their mother’s estate.
- Jun 18, 2020, Summary Judgment GrantedCuyahoga County, Probate Court
In a unique question of Ohio and Michigan law, we won summary judgment determining that a will executed, although never probated, in Michigan was not effective to transfer assets out of an Ohio Trust. As a result, our clients inherited a share of their father’s trust rather than it distributing solely to their step-brother.
- Jun 12, 2020, Motion for Directed Verdict8th Appellate Dist
Represented an individual Defendant in defense of a will contest. The case was originally dismissed on a motion for summary judgment, then remanded for trial. At the conclusion of Plaintiffs’ case in chief to the Jury, we along with the other defense team members, successfully won a motion for directed. This appeal addressed significant evidentiary issues and, in the process, affirmed the trial court.
- 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.
- Dec 11, 2019, Favorable OutcomeWood County
Representation of father of deceased at contested hearing regarding allocation and distribution of $1.5M proceeds of settlement of medical malpractice action alleging survivorship and wrongful death claims.
- Nov 19, 2019, Unanimous Jury VerdictHuron County, Probate Court
A daughter of the decedent unduly influenced her mother to change her will to benefit only her. We filed a will contest on behalf of the other two daughters of the decedent. After a two day trial, we won a unanimous jury verdict setting aside the invalid will and ensuring that the decedent’s assets would transfer equally to her children, as she had truly intended.
- In Re: Estate of Eckard Scholtz, DeceasedAug 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
- Apr 24, 2019, Motion For Summary Judgment GrantedMontgomery County-Probate Court
Obtained breach of fiduciary duty verdict against estate executor for failing in her duty to diversify the estate’s assets and prudently invest the same that resulted in fiduciary’s removal.
- Feb 2019, Directed VerdictCuyahoga - Probate
Obtained directed verdict against two children who had been disinherited from their mother’s estate and trust after 4 days of jury trial in a high value/high stakes will and trust contest.
- Nov 8, 2018, Favorable OutcomeCourt of Appeals of Ohio, Fourth District, Gallia Count
Alford v. Arbors at Gallipolis
Nursing Home Arbitration Agreement enforced by trial court and affirmed on appeal where the Court found the daughter, who was not the patient’s power-of-attorney, had apparent authority to sign contract for her father.
- 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.
- Mar 27, 2018, Client’s contested application to be appointed estate administrator granted by Magistrate’s DecisionWayne County Court of Common Pleas, Probate Division
Client was appointed administrator of the decedent’s estate over competing applicant after successfully demonstrating at evidentiary hearing and through motion practice that competing applicant was unsuitable for appointment
- Feb 14, 2017, Summary Judgment Affirmed10th Appellate Dist
Amy Greenberg et al. v. Sherri Heyman-Silbiger, exec., et al.
Defense of $1M breach of contract claim levied against estate and trust by former business associate.
- Nov 7, 2016, Plaintiffs’ verdict granted in bench trialCuyahoga County Court of Common Pleas, Probate Division
Successful Plaintiffs’ verdict against elderly man’s caretaker for undue influence that led to the financial exploitation of the elderly man prior to death through the change of various payable on death beneficiary designations.
- Sep 12, 2014, Appointment of GuardianBourbon Cty. KY
Prosecution of guardianship application
- Sep 10, 2014, Motion to Remand Case DeniedUnited State District Court for the Southern District of Ohio Eastern Division
- Jul 11, 2013, Reversed5th Appellate Dist
M. Phillips, et al. v. A. Phillips Deskin, et al.
Client- Plaintiff appealed adverse trial court judgment dismissing claim for fraud, constructive trust and intentional interference of expectancy in inheritance
- Sep 27, 2012, Judgment Affirmed8th Appellate Dist
J. Tomazic v. A. Rapoport, Trustee, et al.
Defendant appealed adverse trial court judgment in probate litigation and removal of trustee
- Jun 29, 2012, Judgment Affirmed9th Appellate Dist.
Plaintiff appealed adverse trial court judgment in probate will contest action.
- Jun 27, 2012, Defense VerdictHuron
Defense of claim of trust assets of surviving spouse
- 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
- Aug 1, 2011, Plaintiff VerdictCuyahoga
Defense of probate ownership 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.
- Jun 25, 2009, Finding For PlaintiffNY, NY
Arbitration prosecution of probate and trust litigation claim.
- Jun 10, 2009, Plaintiff VerdictCuyahoga
Prosecution of probate litigation claim for rescission
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Main Contacts
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