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Limitation of Action Against Trustee

Mon Aug 14th, by Daniel McGowan, on Probate Law and Procedure |

  Ohio Revised Code Section 5810.05 provides the limitation of action against a trustee.  The period is limited to two years from when a beneficiary or a surrogate receives a report disclosing...

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Method of Revoking or Amending a Revocable Trust

Fri May 12th, by Daniel McGowan, on Probate Law and Procedure |

Ohio law differs from the Uniform Trust Code when it comes to the power to revoke or amend a trust. 

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Recent Changes in Ohio's Medicaid Laws and STABLE accounts

Mon Feb 27th, by Daniel McGowan, on Probate Law and Procedure |

A QIT (also called a Miller Trust) is a helpful tool in assisting Ohio seniors who receive more than the income cap per month in Social Security, pension benefits, Veterans benefits, or other income,...

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Inheritance Disputes in Ohio

Wed Feb 1st, by Daniel McGowan, on Probate Law and Procedure |

Ohio recognizes the tort of Intentional Interference with an Expectancy which has proved to be a high caliber weapon in a probate litigator's arsenal against elder exploitation and undue influence. 

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Due Process and Probate

Tue Jan 31st, by Daniel McGowan, on Probate Law and Procedure |

Does Florida probate procedure violate the Florida and United States constitutional due process provisions?  A simple modification of the Florida Probate Rules may cure the problem. 

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Fiduciary Liability-Removal of Trustee Under the Ohio Trust Code

Sun Jan 22nd, by Daniel McGowan, on New Probate & Trust Cases |

Not every technical breach of fiduciary duty will warrant removal under the Ohio Trust Code. 

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What are the duties of a trustee in Ohio

Wed Dec 7th, by Daniel McGowan, on Probate Law and Procedure |

Some of the most important provisions of the Ohio Trust Code relate to the duties of the trustee.  These provisions are codified in Title 58 of the Ohio Revised Code-The Ohio Trust Code and shed...

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When to Hire An Appraiser

Sat Nov 12th, by Daniel McGowan, on Probate Law and Procedure |

Ohio probate law provides that in the administration of a decedent's estate, if an asset does not have a readily ascertainable value, then a formal appraisal , by a qualified appraiser will be...

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Tax Planning Considerations

Tue Nov 8th, by Daniel McGowan, on Musings on the Practice of Law |

The settlor of a trust may have a specific purpose which is best achieved through a specific form of trust. 

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Daniel McGowan Featured on Attorney at Law Magazine

Mon Nov 7th, on Interview with a Probate Lawyer |

Click here to read the article.

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