Just because Denver Broncos Owner Pat Bowlen was a billionaire did not mean his business succession planning was easy. After leading the Broncos to eight Super Bowls, the NFL Hall of Famer began consolidating his Broncos ownership in 2002 to ensure one or more of his seven children would succeed him in running the franchise. Instead, two probate lawsuits ensued—one even before Bowlen’s 2019 death—and the team sold for $4.65 billion in 2022.

Some could argue the succession plan failed because the Bowlens no longer own the Broncos. But others would contend the succession plan ... 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. 

Daniel and Diane, a husband and wife, had lake front properties in their family for generations. They wanted to hand the properties down to their daughter Melissa and her siblings as an early inheritance. Daniel and Diane gifted individual lots to each of their children, titled in their child’s name alone. However, Melissa’s husband Patrick was upset that his name was not going to be put on the title. Melissa asked her parents to put Patrick on the title, which they did.

Sadly, Melissa’s marriage to Patrick ended and she filed for divorce. In the divorce, Patrick claimed that the ... Read More ›

Paul Shugar presented the below information on Legislative Updates on House Bill 7 and Other Statutory Law Changes as part of the 2021 Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, hosted by the Ohio State Bar Association.

2021 Revise Probate Law, Guardianship Law, and Ohio Trust Code (H.B. 7)

Overview

After the Ohio House of Representatives passed H.B. 7 by a vote of 98-0 on March 3, 2021, the Senate passed the bill by a 32-0 vote on May 5, 2021. Governor Mike DeWine signed House Bill 7 into law on May 20, 2021, and it became effective on August 17, 2021. The new law made ... Read More ›

During the past few months, several bills have been introduced in Congress which, if passed, would result in significant changes to the current federal estate and gift tax system. Some of these bills appear to have support among many members of Congress.

While it is possible that none of the proposed laws will be enacted, given the unpredictable political climate, it seems best to consider estate planning strategies that you might want to employ or changes that you might want to make to your estate planning documents if one or more of the proposed bills passes this year.

One of the proposed ... Read More ›

The great State of Ohio has more than thirteen million acres of farmland.[1] (Also, it appears none of those acres are devoted to buckeyes?!). The average age of an Ohio farmer is 55.8 years and 30% are 65 years or older.[2] Of Ohio’s 128,000 farmers, more than 70,000 are involved in estate or succession planning decisions.[3] These numbers suggest a lot of farmland will transfer ownership to the next generation during the coming two decades.

Two recent decisions demonstrate that estate planning language needs to be precise for farms; or, your beneficiaries could be in litigationRead More ›

Join Adam Fried, co-chair of Reminger’s Estate, Trust, and Probate Litigation practice group, for a five-part blog series exploring what makes for a good case or bad case to challenge inheritance rights. To read the full e-book, click here.

In part four, we reviewed economic considerations that go into a decision as to whether a claim of undue influence should be pursued. In the final part of this blog series, we will discuss considerations to make when selecting counsel for an inheritance dispute.

Part 5 - What to Consider When Selecting Counsel

A few years into my new job, more than ... Read More ›

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 ›

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

• Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

• Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...

A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›

It goes without saying that COVID-19 has substantially disrupted our way of life. The attorneys in Reminger’s probate and trust litigation group are no different than anyone else, in that regard, and we sincerely appreciate your patience during these trying times. We hope that you are staying safe and we look forward to assisting you in person once again. Read More ›

Adam M. Fried, Co-Chair of Reminger's Estates, Trusts, and Probate Litigation Practice Group, has been recognized by Ohio Super Lawyers Magazine in more ways than one this year.  Not only has Adam been listed once again as a Super Lawyer in their 2020 issue, Adam has also attained special recognition as "Top 50 Cleveland" and "Top 100 Ohio."  He also was profiled by the magazine in the article entitled "Don't Bother Looking for Hiccups in Adam Fried's Trial Prep."Read More ›

Since the seminal case of Wilson v. Lawrence, 150 Ohio St.3d 368, 2017-Ohio-1410, Ohio courts have consistently held that, pursuant to R.C. 2117.06, creditors have a strict six-month statute of limitations to present their claims against an estate. This means that creditor’s claims are not properly presented if they are not served upon the court-appointed fiduciary within six months after the decedent’s date of death. A recent case confirms that it is not enough to apply to be a fiduciary to satisfy this strict deadline – you must actually be appointed by the Court.Read More ›

Adam M. Fried recently presented at The Marvin R. Pliskin Advanced Probate and Estate Planning Seminar, sponsored by the Ohio State Bar Association's Estate Planning, Trust and Probate Section. More than 250 attorneys from across the state of Ohio attended the full-day Continuing Legal Education course.Read More ›

Twenty-four Reminger attorneys were included on the 2018 Best Lawyers in America© list, including 17 from our Cleveland office, four from our Columbus office, two from our Sandusky office, and one from our Cincinnati office. Of that group, four were honored in the category of Litigation-Trusts and Estates, and Trusts and Estates.Read More ›

The loss of a loved one is a devastating event, and can be a chaotic and confusing time for those left mourning. The making of phone calls to family and friends, the preparation of funeral arrangements, and the handling of other post-death matters must be addressed. But what do family members do when they find out that something suspicious has happened with their loved one’s last will and testament?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 ›

The Ohio Supreme Court provided more guidance regarding how creditors present their claims against estates with its ruling in Wilson v. Lawrence, Case Nos. 2015-2081, 2016-0180, 2017-Ohio-1410.

The main issue the Supreme Court addressed is to whom a creditor claim must be presented. Pursuant to R.C. § 2117.06, a creditor must present its claim against the estate within six months following the decedent’s death.Read More ›