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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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Probate Lawyers: Exceptions to the Federal Court Jurisdiction

Thu Sep 29th, by Daniel A. McGowan, on Probate Law and Procedure |

The probate process is typically an animal of the state court system. However, there are benefits for a probate lawyer to occasionally find themselves in the federal court system. Some of the...

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Is Family Affection a Factor a Court Can Use to Evaluate A Will Construction Case?

Mon Sep 12th, by Daniel McGowan, on Probate Law and Procedure |

A common dispute litigated by an Ohio probate lawyer as well as in Courts in states subscribing to the basic tenets of the Uniform Probate Code include requests for judicial interpretation of an...

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The Estate of Elvis Presley

Mon Sep 12th, by Daniel McGowan, on Probate Law and Procedure |

“These proceedings are the poster child for why it is necessary for every individual—whether or not an international celebrity—to make proper arrangements to avoid litigation upon their...

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