Our firm pays special attention to the protection of our seniors. Financial exploitation of our seniors has been on the rise for some time. In 2010, the federal government passed the Elder Justice Act, which was the “first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level.” Seniors may be exploited by those closest to them, even their own lawyers. You can read more about the red flags that we see in our practice that are tell-tale signs of exploitation.

When a scammer pressures a relative into paying money for a phony ... Read More ›

Adam Fried authored "Representing a Beneficiary or Heir in the Quest of Information Necessary to Assess Rights in an Estate or Trust: A Survey of Process and Procedure" for the Probate Law Journal of Ohio.

When unknown inheritance rights are involved, those who have been denied information to which they claim entitlement will turn to counsel to get what they want. Silence breeds suspicion, and against the potential that a disinheritance was caused by a bad acting fiduciary, few would-be inheritors—righteous in their indignation—will simply walk away without a fight. While the ... 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 ›

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 ›

As we have covered in our blog before, Ohio courts have been very clear: estate creditor’s must present their claims within 6 months of the decedent’s date of death. R.C. 2117.06. This has not stopped creditors, however, from arguing that they should be the exception to the bright-line rule. Their attempts continue to fail. The newest creative creditor arguments went up on appeal to the Ninth District and were batted right back down.

The matter of Saber Healthcare dba Bath Manor Nursing Facility v. David P. Hudgins, 2020-Ohio-5603, was argued on December 1, 2020… and just eight ... Read 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 three, we reviewed red flags which can increase the likelihood of success in a challenged inheritance claim. Now, I will describe the economic considerations that go into a decision as to whether a claim of undue influence should be pursued.

Part 4 - Economic Considerations of Inheritance Dispute

In your heart, you believe your parent ... Read 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 two, we looked at the problems with proof in establishing or defending against an undue influence claim. Now, we will review red flags, the existence of which can increase the likelihood of success in a challenged inheritance claim.

Part 3 - Red Flags and the Misuse of Trust

1. Is the beneficiary a person in the trust or confidence of the donor? A ...

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 one, we reviewed the elements of undue influence and discussed character and credibility of the potential challenger. Now, we will look at the problems with proof in establishing or defending against an undue influence claim.  

Part Two – The Problems with Proof 

Proving bad conduct, sufficient to overturn a will, is not always easy.  Most ... Read 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.

Series Overview:

• Part One – Disappointment, Disinheritance and Disputes – What Should I Do?
• Part Two – The Problems with Proof
• Part Three – Red Flags and The Misuse of Trust
• Part Four – Economic Considerations of Inheritance Dispute
• Part Five – What to Consider When Selecting Counsel

Part One – Disappointment, Disinheritance and ... Read More ›