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 […]

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 […]

Ohio Will Contest: Settlement Proceeds

Daniel McGowan, a trial attorney, is an Ohio and Florida probate lawyer who handles complicated inheritance disputes.  He can be reached for a free consultation by clicking here.  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 […]

Ohio Probate Law-Inheritance Dispute Evidence

Daniel McGowan is an Ohio and Florida Probate Lawyer who handles complicated inheritance disputes in Florida and Ohio.   He can be contacted for a free consultation – click here. Many scholars, probate lawyers, and practitioners familiar with Ohio probate courts and the Florida probate process involving inheritance lawsuits have written extensively about proving (or disproving) […]

Ohio Probate Law: Ohio Power of Attorney

Daniel McGowan is an Ohio and Florida probate lawyer and can be reached for a free consultation at 216-242-6054 (Ohio) or 954-803-0877 (Florida) or  Click here to contact Ohio probate lawyers generally agree that one should consider having to a written power of attorney in case you, because of accident or illness, become incapable […]

Can I Appeal a Probate Decision? Is Probate Final? Is Probate Appealable?

Appealing a probate ruling is no easy undertaking and requires special care, attention, and a firm command of the governing rules and decisional case law. One of the first things examined by an appellate attorney is whether the order from which an appeal is sought is a final order. The question is uniquely challenging when […]