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Category: Probate Law and Procedure

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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Due Process and Probate

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

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. 

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What are the duties of a trustee in Ohio

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

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...

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When to Hire An Appraiser

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

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...

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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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