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    

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’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 […]

Order Sent to Probate Judges Focus of Disciplinary Hearing for Chief Justice

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 The Associated Press reported earlier today that closing arguments are continuing in a disciplinary hearing that could result in Alabama Chief Justice Roy Moore’s second removal […]

Taxi Driver Discovers a Persons’ Inheritance in the back seat of his cab

  Selecting the right people to handle your Ohio probate matters is very important. Trust and estate administration can be time consuming and require hard work. In addition, giving someone access to your Ohio assets is serious. If the wrong person gains control over your money and property, your estate could quickly be diminished. Therefore, you need to choose someone […]

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 […]