Blog

Mon Oct 9th, by Daniel McGowan, on Probate Law and Procedure | Share

In general, a family member is not liable for the debts of another.  Exception is the spouse.  Ohio has a provision requiring spouses to provide necessaries for one another up to the ability to...

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

  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...

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

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

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

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,...

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

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. 

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

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. 

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

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

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

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...

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

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...