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 […]

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 […]

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: Is Virtual Adoption Recognized?

Virtual adoption is a doctrine developed by probate courts to cover certain situations where, for a variety of reasons, the formal probate process hasn’t been accomplished resultingin a legal adoption.  A common example of the application of the doctrine is where foster children are granted inheritance rights from their foster parents without having been legally […]

Inheritance Disputes

“Money is like manure; it’s not worth a thing unless it’s spread around.”—Brooke Astor Probate lawyers and laypersons will all enjoy reading Meryl Gordon’s recent book Mrs. Astor Regrets:  The Hidden Betrayals of a Family Beyond Reproach as an outline of what can happen when wealth meets the dysfunctional family.    As most readers may know, […]