Evidence in Fiduciary Litigation


Daniel McGowan is a trial lawyer with a focus on fiduciary liability and probate litigation.  He can be reached for a free consultation by clicking here

Institutional and individual trustees alike are routinely measured by reference to what a prudent or reasonable person would do under similar circumstances. Ohio probate lawyers often look for evidence pointing to the conclusion that a trustee either has or has not met the appropriate level of competence and care governed by industry standards.


One helpful tool available in the Ohio probate lawyer’s arsenal is the OCC’s Comptroller’s Handbook for Fiduciary Activities. Therein, the probate litigation lawyer can locate the scoring system and auditing criteria used to measure national financial institutions relating to their fiduciary conduct.

A fantastic explanation of how to think like an auditor in order to assist the Ohio trust lawyer in probate litigation is found in What OCC Regulation of Corporate Fiduciaries Means to the Practicing Attorney.


Removal of a Trustee in Ohio

Under the Ohio Trust Code, the settlor, a co-trustee, or beneficiary may request the court to remove a trustee or the court may remove a trustee on its own initiative.  The statutory basis for removal includes situations where (1) the trustee has committed a serious breach; (2) lack of cooperation among co-trustees substantially impairs the […]

Interference with an Inheritance

Ohio probate lawyers are familiar with the following elements that must be proven to maintain a claim for interference with expectancy interest: (1) an existence of an expectancy of inheritance in the plaintiff; (2) an intentional interference by a defendant(s) with that expectancy of inheritance; (3) conduct by the defendant involving the interference which is […]

Tortious Interference with an Expectation of an Inheritance

Daniel A. McGowan, an Ohio and Florida Probate Lawyer, was recently published in the Cleveland Metropolitan Bar Journal.  His article, which surveys the development of law of intentional interference with an expectaton of an inheritance in Ohio probate litigation over the recent years, appears below. Dec16_Bar_Journal    

Attorney-Client Privilege in Probate

Probate Attorney Daniel A. McGowan handles fiduciary liability and inheritance disputes throughout Ohio and Florida.  He can be reached for a free consultation by clicking here. The attorney client privilege in the context of fiduciary litigation and inheritance disputes has been the recent topic of various erudite discussions by academics and legal practitioners. Under Ohio […]

Distribution of Probate Assets to Minors

Probate Attorney Daniel A. McGowan practices in Ohio and Florida and can be reached for a free consultation by clicking here.  Executors and Administrators frequently face the question of what to consider when handling distributions of estate assets to minors and trusts.  Fortunately, there are a variety of statutory options that are available when making […]