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 handling private wealth disputes.
Reminger’s Estates, Trusts, and Probate Litigation Practice Group understands the complex 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.
Private Wealth Dispute Attorneys
Our estate dispute attorneys prosecute and defend cases before mediators, arbitrators, magistrates, judges, and juries throughout Ohio. Private wealth disputes can be emotionally charged and complex, often involving intricate legal and financial considerations. We handle a variety of issues surrounding private wealth 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
Reminger attorneys have held 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.
Estate And Trust Dispute Center of Ohio
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 Reminger's Estate and Trust Resource Center of Ohio.
Honors & Recognitions
Reminger’s Estates, Trusts, and Probate Litigation Group was ranked by Best Lawyers® as Metropolitan Cleveland Tier 1 for 2025.
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, my attorneys 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."
“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 6, 2024, SettlementCuyahoga County Court of Common Pleas, Probate Division
Achieved a favorable settlement on behalf of trusts and estates beneficiaries.
- Nov 1, 2024, Jury VerdictSummit County Probate Court
Earned a unanimous jury verdict and an award of $110,000, plus attorney fees, on behalf of their clients—four beneficiaries of a trust who learned their trustee had hired her husband as a “consultant” to the trust. We sued for breach of fiduciary duty and related claims.
- Aug 12, 2024, Dismissal Affirmed11th Appellate Dist
The Eleventh District Court of Appeals affirmed the dismissal of a claim for intentional interference with an expected inheritance when the plaintiff failed to exhaust probate remedies.
- May 29, 2024, Judgment AffirmedEighth Appellate District, Cuyahoga County, Ohio; Cuyahoga County Court of Common Pleas
Judgment affirmed in will contest case.
- Apr 1, 2024, SettlementSummit County Probate Court
Recovered $660,000 on behalf of our client on allegations that the client’s sibling, a practicing attorney, misused his power of attorney and otherwise unduly influenced their father to cause the disinheritance of our client.
- Mar 29, 2024, Motions of Contempt Dismissed and Attorneys' Fees RecoveredCoshocton County Probate Court
Succesfully defended a former estate administrator against two motions for contempt and also recovered attorneys' fees.
- Mar 28, 2024, Motion for Judgment on the PleadingsCuyahoga County Probate Court
Received Motion for Judgment on the Pleadings of a will contest case and dismissal of Intentional Interference with an Expected Inheritance (IIEI) claim.
- Mar 26, 2024, Motion to Dismiss GrantedCuyahoga County Court of Common Pleas
Motion to dismiss granted in favor of trust company and portfolio manager involving claims of insider trading issues, trading in thinly traded securities, and other Trust & securities issues.
- Mar 18, 2024, Plaintiff VerdictFranklin County Court of Common Pleas
Secured Plaintiff verdict in a fraud and business interference case involving the estate of a prominent solo practitioner.
- Oct 30, 2023, SettlementSummit County Probate Court
Successfully represented a client in a dispute against a university foundation over the right to receive residue from a trust. After overcoming summary judgment, we negotiated settlement for our client to receive a sizeable inheritance from his aunt’s trust where he otherwise would have been cut out entirely.
- Aug 2, 2023, Summary Judgment GrantedCuyahoga County Court of Common Pleas
Motion for summary judgment granted in will contest case.
- Aug 1, 2023, Motion for Judgment on the PleadingsFairfield County Court of Common Pleas
Obtained motion for judgment on the pleadings on our request to invalidate a quit-claim deed that deprived our client’s interest in the real property he would have otherwise received through the decedent’s Will.
- Apr 2, 2023, Plaintiff VerdictDelaware County Probate Court
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.
- Jan 17, 2023, Motion to Dismiss GrantedHamilton County Probate Court
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.
- Jan 10, 2023, Motion for Judgment on the Pleadings GrantedPortage County, Ohio Probate Court
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.
- Nov 17, 2022, Judgment Affirmed8th Appellate Dist
Judgment affirmed in undue influence case.
- Aug 3, 2022, Summary Judgment GrantedCuyahoga County Court of Common Pleas
Summary judgment granted in favor of large financial institution/trust company and portfolio manager in a securities/trust dispute.
- Mar 10, 2022Cuyahoga County Probate Court
Successfully represented client in will contest case, obtaining a 7-1 jury verdict after four days of trial and thirty months of litigation.
- Bohinc, et al. v. Scholtz, et al.Oct 6, 2021Cuyahoga County Probate Court
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.
- Darren DeHaven, et. al. v. Kristi Miller, et. al.Sep 9, 2021, Unanimous Jury VerdictPortage County, Ohio Probate Court
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.
- Aug 30, 2021, DismissalU.S. District Court, Northern District of Ohio
Defense of an attorney-trustee in trust lawsuit. The Federal Court dismissed the Plaintiff’s federal lawsuit on res judicata grounds.
- 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, 20206th 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, 2020Cuyahoga 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, 2019Montgomery 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, 2018Wayne 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, 2012Huron
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, 2009NY, 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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