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Litigation Red Flags

Tue Mar 10th, by Daniel McGowan, on New Probate & Trust Cases |

Effective estate planning is very feasible and a true bargain when compared to the cost of litigation

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Trustees as investment managers: Its not whether you win or lose, it's how you play the game

Thu Feb 27th, by Daniel McGowan, on New Probate & Trust Cases |

A Trustee of an Ohio Trust must comply with the Ohio Prudent Investor Act unless the Trust Instrument dictates otherwise.  

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A Trustee Shall Keep the Current Beneficiaries Informed

Thu Feb 20th, by Daniel McGowan, on New Probate & Trust Cases |

A Trustee shall keep the current Beneficiaries reasonably informed as to the material facts necessary for them to protect their interests.  

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Guardianship Proceedings in Ohio

Tue Feb 11th, by Daniel McGowan, on Probate Law and Procedure |

If a person can show the Court they have an interest relating to the welfare of another person, Ohio Courts will generally allow the person to participate in guardianship proceedings.  

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Can Trust Beneficiaries Recover Attorneys Fees when Challenging a Trustee?

Thu Feb 6th, by Daniel McGowan, on New Probate & Trust Cases |

The Ohio Trust Code allows for beneficiaries to be awarded their attorneys' fees when challenging the conduct of a trustee for breach of duty.

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Trust Reformation and Taxes

Wed Feb 5th, by Daniel McGowan, on New Probate & Trust Cases |

Reformation of Trusts and general powers of appointment. 

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Uniform Mediation Act adopted in Ohio for Trust Disputes

Tue Jan 28th, by Daniel McGowan, on New Probate & Trust Cases |

Ohio courts that use mediation must adopt the state's Uniform Mediation Act by local rule.

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Modification of a Trust in Ohio

Mon Jan 27th, by Daniel McGowan, on New Probate & Trust Cases |

Pursuant to Ohio Revised Code § 5806.02(G), a trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions...

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Trust Administration under the Ohio Trust Code

Thu Jan 23rd, by Daniel McGowan, on New Probate & Trust Cases |

The terms of the trust may be modified or revoked:  Per Ohio Revised Code § 5808.08(C), the terms of a trust may confer upon a trustee or other person a power to direct the modification or...

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The Importance to identify the "terms and purposes" of a Trust in Ohio

Wed Jan 22nd, by Daniel McGowan, on Probate Law and Procedure |

The Ohio Trust Code defines "terms of a Trust" as being the manifestation of the Settlor's intent regarding a Trust's provisions, as expressed in the Trust Instrument or as may be established by other...

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