Adriann McGee and Mary Kraft represented the Plaintiff, the Executor of an Estate in a claim for breach of fiduciary duty.  Plaintiff’s claim included that the power of attorney for the decedent breached her duties by adding herself as the co-owner on the decedent’s bank account, then gifting herself funds that belonged solely to the decedent.  Adriann and Mary presented their case over a 4 day trial in front of the jury.  The jury also awarded attorney fees and costs to the Plaintiff estate.  This was the first jury trial to be held in the Delaware County Probate Court in 25 years. 

Defended an attorney and Trustee of an irrevocable trust against allegations of failure to properly file income tax returns, failure to diversify investments of the Trust, and other allegations of breach of fiduciary duty. Motion to dismiss was granted due to the terms of the trust which opted out of the duty to diversify and also exonerated the trustee for any conduct that did not rise to the level of willful misconduct. 

Defended an action filed in the Portage County Probate Court by a Trustee of a Trust seeking a right to a determination that certain amendments to a California Trust were invalid. Motion for judgment on the pleadings, citing Lack of Subject Matter Jurisdiction and a statute of limitations defense under California Law, was granted and the action was dismissed.

Judgment affirmed in undue influence case.

Summary judgment granted in favor of large financial institution/trust company and portfolio manager in a securities/trust dispute. 

Successfully represented client in will contest case, obtaining a 7-1 jury verdict after four days of trial and thirty months of litigation. 

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.

After Michael Posey’s death in Ohio in 2019, group of his nieces and nephews challenged the validity of his last will and testament that was executed in Maryland in 2004. Reminger represented numerous beneficiaries under the will and defended against Plaintiffs’ claims of permanent insanity, lack of testamentary capacity, and undue influence. As a result of trial and the unanimous jury verdict, the will was upheld as valid and Michael Posey’s last wishes will be honored.

Defense of an attorney-trustee in trust lawsuit. The Federal Court dismissed the Plaintiff’s federal lawsuit on res judicata grounds. 

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.

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. 

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.

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.

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.

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.

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.

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.

Represented siblings in will construction/contest lawsuit and declaratory judgment complaint in which motion was filed for removal of Executor, brother of the deceased

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.

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.

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.

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.

Obtained summary judgment for Plaintiff on will contest complaint thereby invalidating decedent’s Last Will and Testament.

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

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.

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.

Prosecution of guardianship application

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

J. Tomazic v. A. Rapoport, Trustee, et al.

Defendant appealed adverse trial court judgment in probate litigation and removal of trustee

Whiteacre v. Crowe

Plaintiff appealed adverse trial court judgment in probate will contest action.

Defense of claim of trust assets of surviving spouse

T. Grzely v. M. Lucas-Singer,fka Grzely, et al.

Claimant heir appeals adverse trial court judgment denying life insurance proceeds from decedent

Defense of probate ownership claim

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.

Arbitration prosecution of probate and trust litigation claim.

Prosecution of probate litigation claim for rescission