Trust Administration and Litigation Practical Counsel. Personal Attention.

Cleveland Trust Administration & Litigation Attorney

Legal Counsel for Trust Management & Disputes in Cuyahoga, Lake, & Lorain Counties

Trusts serve as powerful legal instruments designed to manage assets and bypass probate. Yet, their stability relies entirely on the integrity and competence of the fiduciary. When administration becomes contentious, or when a trustee fails to adhere to the strict mandates of the Ohio Trust Code (Title 58), judicial intervention is often required to preserve the estate. Effective counsel is essential for both trustees aiming to demonstrate compliance and beneficiaries seeking to enforce their rights within the probate and general divisions of Northeast Ohio courts.

At Law Offices of Daniel McGowan, LLC, we focus on the technical aspects of trust law, interpreting complex distribution standards and liability provisions. Whether the matter involves the routine administration of an irrevocable trust or living trust after a death, or complex litigation concerning a multi-generational Dynasty Trust, we provide the analytical clarity and courtroom advocacy needed to resolve the dispute. We can also help you understand Ohio trust code compliance.

Call (216) 616-7592 or contact us online to schedule a consultation with a trust litigation Attorney in Cleveland today.

Defensible Trust Management

Serving as a trustee carries significant responsibility. Trustees must comply with statutory duties under the Ohio Trust Code, including the duty of loyalty, impartiality, and prudent administration. We guide trustees through the notification process, so beneficiaries receive the required reports and disclosures under ORC 5808.13.

Our team also handles administrative details, including obtaining tax ID numbers, retitling assets, calculating distributions, and preparing formal trust accountings. By maintaining strict compliance protocols, we help trustees reduce the risk of mismanagement claims. When discretionary distributions present difficult decisions, we provide legal opinions to support the trustee’s actions and safeguard trust assets.

The Trustee's Duty to Inform & Report

One of the leading causes of trust litigation is a trustee’s failure to keep beneficiaries informed. Under Ohio Revised Code 5808.13, trustees have an affirmative duty to provide current beneficiaries with timely information about trust administration and the material facts they need to protect their interests. We represent beneficiaries who have been denied access to this information, filing actions to compel disclosure and obtain formal accountings.

Conversely, we advise trustees on what details must be shared with each class of beneficiaries. Proper communication is the strongest defense against future disputes. We assist trustees in preparing annual reports that meet statutory requirements and trigger the statute of limitations for potential claims, reducing long-term risk.

Beneficiary Advocacy in Trust Disputes

When a trustee violates their obligations, we advocate for beneficiaries in actions for breach of trust pursuant to ORC 5810.01. Common violations include self-dealing, commingling of personal and trust funds, or the failure to distribute assets according to the trust's terms. We employ forensic accounting techniques to trace misappropriated capital and quantify the financial impact on the estate.

Our approach targets the specific remedies authorized by statute. We can petition the court to remove the trustee, compel a formal accounting, deny fiduciary compensation, and impose a surcharge to restore the trust's value.

Beyond financial recovery, we address ambiguous provisions through declaratory judgment actions, which ask the court to interpret specific clauses governing beneficiaries and distribution powers definitively.

Trust Modification and Termination

Circumstances often change in ways the original grantor did not anticipate. We assist clients in modifying or terminating irrevocable trusts when the trust's purpose has become impossible to achieve or when tax laws change. This can often be accomplished through "Private Settlement Agreements" (PSAs) between the trustee and beneficiaries under ORC 5801.10, avoiding the need for a public court hearing.

In cases where agreement cannot be reached, we petition the court for modification or termination. We also handle the "decanting" of trusts, a process in which the assets of an outdated trust are transferred into a new trust with more favorable administrative terms. This sophisticated tool allows us to modernize trust governance without court intervention in many cases.

If you are a trustee who needs guidance or a beneficiary protecting your inheritance, call (216) 616-7592 or contact us online to speak with a Cleveland trust administration and litigation lawyer.

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"Amazing lawyer."
He get a 10 star from me. Looking forward to do more business with him.

Missy O.
"Very Professional"
Dan, himself, returned our phone call within 10 minutes and was able to answer all of our questions.

Brenda B.
"Very Responsive"
Daniel McGowan is exactly the attorney you need when a loved one dies without a will (intestate).

Cathe C.
"Highly Recommend"
His legal expertise is superb providing thorough evaluation and explanation regarding relevant matters.

EG
"Daniel McGowan was awesome."
. He cleared the case in months, after 2 plus years of dragging. I now have a case in PA and I wish I could call on Daniel again.

SMT
"Extremely knowledgeable."
He is honest, fair and extremely knowledgeable.

Jackie W.
"Dan just has a terrific understanding of the law."
He answered all my questions, using his great experience and a pleasant understanding demeanor.

August A.
"Dan is very professional and thorough."
Very adept at assisting clients to define their objectives.

John W.

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