Trust Administration and Litigation Practical Counsel. Personal Attention.

Cleveland Trust Administration & Litigation Attorney in Cleveland

Trust Counsel for Trustees & Beneficiaries, Backed by Experience Since 1994

Trusts are built to protect assets and provide for the people who matter most. Whether you’re a trustee working to fulfill those obligations or a beneficiary watching the process unfold, the legal framework governing Ohio trusts is demanding. The Ohio Trust Code (Title 58 of the Ohio Revised Code) imposes strict duties on trustees, and courts in Northeast Ohio’s probate and general divisions have little tolerance for departures from those standards.

At Law Offices of Daniel McGowan, LLC, we handle both the administrative and disputed sides of trust law. Attorney Daniel McGowan has practiced since 1994, and his work spans the day-to-day guidance trustees need to stay compliant and the courtroom advocacy that protects beneficiaries when administration goes wrong.

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

Defensible Trust Management

Serving as a trustee carries significant legal responsibility. Under the Ohio Trust Code, trustees must uphold the duty of loyalty, the duty of impartiality, and the duty of prudent administration, and a failure on any front can expose them to personal liability. We guide trustees through the notification process, helping them provide beneficiaries with the required reports and disclosures under ORC 5808.13.

Our work on the administrative side covers a practical range of tasks:

Obtaining tax ID numbers
Retitling assets
Calculating distributions
Preparing formal trust accountings

When discretionary distributions present difficult decisions, we provide legal opinions that document the trustee’s reasoning and help guard against mismanagement claims. Proper recordkeeping and timely communication with beneficiaries can strengthen a trustee’s defense against such claims.

The Trustee’s Duty to Inform & Report

Failure to keep beneficiaries informed is one of the most common triggers for trust litigation. Under ORC 5808.13, trustees have an affirmative duty to provide current beneficiaries with timely information about trust administration, including the material facts they need to protect their interests. We help trustees build a communication record that meets this standard and reduces long-term exposure.

Annual reports prepared to statutory specifications do more than satisfy a legal obligation. When a report adequately discloses the existence of a potential claim and informs the beneficiary of the time allowed to act, it can trigger the statute of limitations on those claims, putting a deadline on disputes before they escalate. We advise trustees on what each class of beneficiaries must receive and assist in drafting disclosures that are complete without being unnecessarily broad. We also represent beneficiaries who have been denied access to trust information, filing actions to compel disclosure and obtain formal accountings.

Trustee Guidance for Living Trusts & Irrevocable Trusts

The administration process looks different depending on the type of trust involved. After a grantor’s death, a revocable living trust becomes irrevocable and typically requires immediate action: notifying beneficiaries, inventorying assets, and beginning the distribution process. We guide successor trustees through each stage, from the initial funding review through final distribution, to help address unnecessary delays or missteps in administration.

Irrevocable trusts present their own challenges, particularly when distribution standards are vague or when tax considerations have shifted since the trust was drafted. We assist trustees of both trust types in understanding the scope of their authority and the limits on their discretion.

Trust Modification & Termination

When a trust’s purpose has become impractical to achieve or circumstances have changed in ways the grantor didn’t anticipate, modification or termination may be the right path. We help clients pursue these outcomes through Private Settlement Agreements (PSAs) between the trustee and beneficiaries under ORC 5801.10, which resolve the matter without a public court hearing when all parties can reach agreement.

Where agreement isn’t possible, we petition the court for modification or termination. We also handle trust decanting, a process that transfers assets from an outdated trust into a new trust with more favorable administrative terms. Decanting can modernize trust governance, extend trustee discretion, or address changed tax law without court involvement in many situations. It’s a sophisticated tool that requires careful drafting and a clear understanding of the original trust’s intent.

When Trust Disputes Require Litigation

Not every trust matter stays out of court. When a trustee’s conduct crosses the line from poor judgment into a breach of their legal obligations, beneficiaries have the right to pursue judicial remedies under ORC 5810.01.

Common violations include:

Self-dealing
Commingling personal and trust funds
Failing to distribute assets according to the trust’s terms

We employ forensic accounting techniques to trace misappropriated assets and quantify the financial impact on the estate. Depending on the circumstances, we can petition the court to remove the trustee, compel a formal accounting, deny fiduciary compensation, or impose a surcharge.

We also handle declaratory judgment actions, which ask the court to interpret ambiguous distribution provisions or trustee powers, helping clarify uncertainty before it generates further conflict.

Put over 30 years of probate and estate experience to work on your trust matter. Call (216) 616-7592 or contact us online to speak with a Cleveland trust administration and litigation lawyer.

Continue Reading Read Less

How Can We Help You?

Call us at (216) 616-7592 or fill out the form below to get started.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
🛡️ Please enter the above verification code:
By submitting, you agree to receive text messages from Law Offices of Daniel McGowan, LLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

"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.

View All Reviews