Evidence in Fiduciary Litigation

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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.

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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.