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Category: New Probate & Trust Cases

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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Ohio Trust Law Trustee Duty of Impartiality

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

The duty of impartiality is an important aspect of the duty of loyalty.  Under the Ohio Trust Code, and the Uniform Prudent Investor Act, a trustee is bound to act impartially regarding all aspects...

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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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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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