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Archive: 2019

Ohio Trust Legislation

Mon Dec 2nd, by Daniel McGowan, on Probate Law and Procedure |

Recent revisions to the Ohio Trust Code permit nonelderly disabled applicants or recipients of Medicaid benefits or their spouses to establish their own special needs trust.  

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Gaining Access to Mandatory Trust Distributions

Tue Nov 26th, by Daniel McGowan, on Probate Law and Procedure |

The mere existence of a spendthrift provision in a trust is not in itself dispositive of the right of a creditor to gain access to trust distributions that are mandatory. 

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Taxing Trust Income for In State Beneficiaries

Mon Nov 25th, by Daniel McGowan, on Appellate Practice in Probate |

The presence of in-state beneficiaries alone does not empower a state ot tax trust income that has not been distributed to the beneficiaries where the beneficiaries have not right to demand that...

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Is A Funeral Required?

Wed Sep 18th, on Musings on the Practice of Law |

Generally speaking, there are no requirements relating to formal funerals

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Duty of Loyalty to Beneficiaries-Voidable Transactions-Conflicts of Interest

Mon Sep 16th, by Daniel McGowan, on New Probate & Trust Cases |

Under the Ohio Trust Coe, a Trustee shall administer the trust solely in the interests of the beneficiaries.

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