Who takes the trust when every beneficiary is gone and the gift-over clause names a dead man?
In Smith v. Avery, Ohio’s Fifth District held that a trust gift-over to the “then surviving Trustor” passes to the settlor’s heirs, not the trustee.
Probate & Trust Litigation
In Smith v. Avery, Ohio’s Fifth District held that a trust gift-over to the “then surviving Trustor” passes to the settlor’s heirs, not the trustee.
Ohio farmhouse similar to the trust property at issue in a probate dispute
By Daniel McGowan | Law Offices of Daniel McGowan, LLC On April 28, 2026, Ohio’s…
A Missouri appellate court just held that a trust procured by undue influence can be…
By Daniel McGowan | Law Offices of Daniel McGowan, LLC On March 25, 2026, Ohio’s…
On April 9, 2026, Ohio’s Eighth District Court of Appeals decided Marcinkevicius v. Galloway, 2026-Ohio-1280…
A Cleveland probate litigator endorses a new Texas Tech law review proposal to create an involuntary-commitment pathway for defendants with dementia-and explains why Ohio needs the same reform under R.C. 2945.37 and R.C. 2111.
Source: Trustees as investment managers: Its not whether you win or lose, it’s how you…