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Archive by Month: October 2016

Undue Influence and Interference with Expectancy of an Inheritance Involving Inter Vivos Transfers

Tue Oct 25th, by Daniel McGowan, on New Probate & Trust Cases, Probate Law and Procedure |

The law of inheritance disputes and probate litigation in Ohio has developed significantly since the Ohio Supreme Court's opinion in Firestone v. Galbreath.  Common issues facing ohio probate lawyers...

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Developments in Ohio Probate Litigation: Intentional Interference with Expectancy of an Inheritance

Mon Oct 24th, by Daniel McGowan, on Appellate Practice in Probate, New Probate & Trust Cases, Probate Law and Procedure |

Daniel McGowan is an Ohio and Florida trial lawyer who focuses on probate and trust litigation.  He can be reached for a free consultation by clicking here.  

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Who Can Bring Probate Related Causes of Action in Ohio Courts?

Sun Oct 23rd, by Daniel McGowan, on New Probate & Trust Cases, Probate Law and Procedure |

Certain probate related causes of action may only be brought by parties with a vested claim to the estate.  A cause of action for tortious interference with expectancy of inheritance, however,...

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Probate Court Jurisdiction after Firestone v Galbreath

Wed Oct 19th, by Daniel McGowan, on Appellate Practice in Probate, Musings on the Practice of Law, New Probate & Trust Cases, Probate Law and Procedure |

Developments in Ohio case law have addressed some of the probate law questions left unanswered by the Ohio Supreme Court in the Firestone case. 

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Intentional Interference With an Expectancy of Inheritance

Tue Oct 18th, by Daniel McGowan, on Appellate Practice in Probate, New Probate & Trust Cases, Probate Law and Procedure |

This tort, recognized in Ohio since the 1993 Supreme Court decision in Firestone v. Galbreath, has undergone significant development over the years.  However, many of the original questions raised by...

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Probate issues: Selecting the Executor and/or Trustee for the small estate

Tue Oct 18th, by Daniel McGowan, on Probate Law and Procedure |

Factors to consider when selecting the executor and/or trustee of a small estate

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Probate Litigation: Intentional Interference with Expectation of an Inheritance

Sun Oct 16th, by Daniel McGowan, on Probate Law and Procedure |

For both Ohio and Florida probate lawyers, the availability of the tort Intentional Interference with Expectation of an Inheritance is a powerful tool in the arsenal against the exploitation of...

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Settlements in Probate Litigation

Sat Oct 8th, by Daniel McGowan, on Probate Law and Procedure |

In a will contest, the challenger regularly reaches a settlement or compromise where the estate or others pay money to the contestant in the form of a settlement. I have been asked many times—how...

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Undue Influence and Wills in Ohio

Sat Oct 1st, by Daniel McGowan, on Probate Law and Procedure |

Challenging a will in Ohio can be done by any interested person.  There are short time frames for commencing the civil action so it is important to contact a probate lawyer who handles inheritance...

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