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Category: Probate Law and Procedure

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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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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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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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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Lakewood Ohio Probate Lawyer

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

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...

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Limitation of Action Against Trustee

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

  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...

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Method of Revoking or Amending a Revocable Trust

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

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

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Recent Changes in Ohio's Medicaid Laws and STABLE accounts

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

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,...

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Inheritance Disputes in Ohio

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

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. 

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