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 […]

Ohio’s Changes to Medicaid Laws

Daniel McGowan, a trial lawyer with a focus on probate law, handles complicated Ohio and Florida inheritance disputes.  He can be reached for a free consultation by clicking here.  Medicaid Changes:  Ohio’s Transition to a 1634 State As the Medicaid Eligibility Manual Transmittal Letter number 116 provides- Ohio transitioned from being a 209 state to […]

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 dan.mcgowan@yahoo.com.  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 […]

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 […]

The afternoon knows what the morning never suspected: Advantages of Pre-need Guardians

  “The afternoon knows what the morning never suspected.”–Robert Frost Recently, it was reported that the percentage of people filling out living wills and healthcare surrogate forms has increased little since Congress enacted the Patient Self Determination Act ordering healthcare facilities to provide information to patients about advance directives.   What are advance directives?   […]