Breach of fiduciary duty is becoming a more frequent issue in probate litigation, often involving estate mismanagement or misconduct by executors and trustees, and is expected to rise with increasing wealth transfers. Shana DeMooy, an associate in our Columbus office, recently discussed this trend in the Columbus Bar Association's Lawyers Quarterly. Read the article here.Read More ›

Inheritance disputes are often motivated by principle and emotion. No matter how right a claimant thinks they are, the style and approach to their case may create financial risk in paying another’s attorney fees and/or depleting any inheritance the claimant otherwise would receive.  Choosing the right attorney will help you navigate this risk.

Inheritance claim litigation often involve claims to invalidate documents or transactions through declaratory judgment claims as well as the pursuit of breach of fiduciary duty claims.  Ohio follows the American rule which generally ... 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 ›

One advantage of using a trust for estate planning is privacy. The probate process is generally all a matter of public record for any inquiring mind. Trusts, though intended to be more private, can become public when disputes arise that pull the administration into court. But a new Ohio law is changing that.Read More ›

Franklin C. Malemud recently served as a speaker at the 2018 Annual Conference of the National Trust Closely Held Business Association (NTCHBA). Franklin and a colleague presented “Issues and Trends in Fiduciary Litigation from the Perspectives of the Planner and Litigator."  Read More ›

Adam Fried will be presenting "Trustees Beware: The Fiduciary Exception to the Attorney Client Privilege and the Duty of Impartiality," at the Jewish Federation Council of Cleveland Professional Advisory Council's 46th Charitable Tax Seminar, held on Wednesday, June 6, 2018.Read More ›

Adam M. Fried will be presenting "Erosion of Attorney-Client Privilege: Fiduciary Exception," at the Dayton Bar Association's 2018 Probate Law Institute. 

Fried's presentation is is part of a full-day 6.0 Continuing Legal Education program. The CLE will be held on March 9th from 8:30 am to 4:15 pm at Sinclair Community College, Building 12.Read More ›

Trustees Under Attack Through the Erosion of the Attorney Client Privilege: Recent Case Law Development and the Fiduciary Exception to the Attorney Client Privilege  

Ohio State Bar Association "Quick Webcast" Program

December 13, 1:00 PM EST

1.0 CLE hour / 1.0 Professional Conduct hour 

The attorney client relationship between trustees, executors and their attorneys can be complicated. The relationship is more complex when disputes develop and claims are raised against the fiduciary. From the pitfalls of conflicts of interests as identified in Cincinnati Bar Association v. Robertson to the question as to whom the attorney owes a duty when representing a fiduciary who, in turn, owes duties to the beneficiaries will be discussed in this one-hour program.Read More ›

Can a disinherited person force the production of information necessary to substantiate the efforts required to pursue a challenge to a Will, beneficiary designation, or Trust?

Isolation and manipulation of a loved one by those who are intent on deriving benefits from an estate are frequent realities in estate litigation cases.  Undue influence, the process by which a person’s mind is subjugated so that the decision-making is actually that of the perpetrator, is almost always done behind closed doors.  The byproduct of isolation and conduct perpetrated in the dark is lack of information.  Family members are left with only questions and no answers.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 ›

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 ›