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Franklin C. Malemud 
Cleveland, Ohio
phone 866-673-5278
fax 216-687-1841
email Email Me

The majority of Franklin C. Malemud's practice focuses upon the firm's unique probate court and trust litigation group which deals primarily with litigation involving wills, trusts, guardianship, conservatorship, powers of attorney, and living wills. Franklin also defends professional liability litigation with a focus upon lawyer and insurance broker negligence, corporate and intellectual property law.

Areas of Practice:
Probate and Trust Litigation
Legal Malpractice Defense
Estate Planning
Bar Admissions:
Ohio, 1997
U.S. District Court Northern District of Ohio, 1997
Education:
Case Western Reserve University Law School, Cleveland, Ohio, 1997
J.D.


The Ohio State University, Columbus, Ohio, 1994
B.A.
Major:  Political Science


Published Works:
Byron v. Carlin: Expanding the Scope of the Rebuttable Presumption of Undue Influence Established by the Ohio Supreme Court in Krischbaum v. Dillon (Co-Author), Probate Law Journal of Ohio, Vol. 13, Issue 5, May/June, 2003


Beyond Legal Malpractice: Estate Planner Beware (Co-Author), Cleveland Bar Journal, November, 2004


The Ohio Trust Code From A Litigator's Perspective (Co-Author), Probate Law Journal of Ohio, Vol. 17, Issue 4, March/April, 2007


Representative Cases:
In re Hards, Lake App Nos. 2006-L-158, 2007-L-012, 2008-Ohio-63 (   )
Nat. City Bank v. Noble, Cuyahoga App No. No. 85696., 2005-Ohio-6484 (   )
Banks v. Allstate Indemn. Co., 143 Ohio App.3d 97, 757 N.E.2d 776 (9th Dist. 2001)
Representative Clients:
KeyBank, N.A.
National City Bank
Fifth Third Bank
Classes/Seminars Taught:
Basics of Estate Administration, Ohio State Bar Association, 2008


A Probate Administration Primer, Cleveland-Marshall College of Law Elder Law Seminar, 2007


Legal Malpractice in the Context of Estate Planning, Cleveland Bar Association, 2005


Legal Malpractice in the Context of Estate Planning, Cleveland-Marshall College of Law Elder Law Seminar, 2005


Estate Planning Overview, Cuyahoga Community College, 2004


NBI Basic Estate Planning Techniques, 2004


Professional Associations and Memberships:
Cleveland Bar Association
Member


Ohio State Bar Association
Member


Pro Bono Activities:
Volunteer Tutor at Buhrer Elementary (Cleveland, OH), 2004 - 2005
Handles Pro Bono Assignments through the Cleveland Bar Association, 2001 - 2003
Recent Firm News
  • Adam Fried was appointed to the Ohio State Bar Association Estate Planning, Trust and Probate Law Council.  The EPTPL Council propose ideas for new legislation in Ohio related to the estate, trust, and probate practice.
  • Leon Weiss and Chris Reid were recently had an article published in the June 2010 issue of the Cleveland Metropolitan Bar Journal, titled Adult Adoption and Beneficiary Status; The current State of Ohio Law, a subject upon which Leon Weiss presented to the Ohio meeting of ACTEC (The American College of Estate and Trust Counsel) held on April 24, 2010.
  • Adam Fried has been invited to speak at the annual conference for the Consortium Against Adult Abuse to be held on June 11, 2010.  His workshop is titled "Guardians v. Caregivers" and will relate to the conference title: "The Specter of Undue Influence and Financial Exploitation".  The conference is open to Social Workers, Nursing Home Administrators, Attorneys and First Responders.
  • Chris Reid and Adam Fried recently returned with a trial verdict wherein they convinced the Cuyahoga County Probate Court to remove an inter-vivos trustee from office on the grounds of breach of fiduciary duty and mismanagement. 
  • Franklin Malemud gave a presentation on March 13, 2010 to the Cleveland Marshall College of Law Alumni Associations, elder law series titled "Developments in the Ohio Trust Code and the Codes Impact on the Elderly Client".
  • Adam Fried gave a presentation to the Cleveland Marshall College of Law Alumni Associations, elder law series titled "a Primer on Estate and Trust Litigation in Ohio".
  • Adam Fried returned with two trial verdicts.  In the first, he convinced the trial magistrate that a deed to real property was transferred as a result of the exercise of undue influence over an incompetent adult...read more.
  • Leon Weiss wins a will contest by way of Summary Judgment.  In a case of first impression, Probate Judge Laura Gallagher issued a ruling throwing out a last will and testament that had been previously admitted to probate...read more.
  • Adam Fried's article titled "The Specter of Exploitation: Special Concerns in Representing the Diminished Client" was published in the June 2009 Edition of the Cleveland Metropolitan Bar Journal...read more.
  • The Consorium Against Adult Abuse, a five county task force for the prevention of abuse and exploitation in the elderly population, has elected Adam Fried to the board of directors...read more.
  • Leon Weiss has recently been selected by his peers for the 9th year for inclusion in the "Best Lawyers in America" editions 1999-2008 (copyright 2006 by Woodward/White, Inc. of Aiken S.C.)...read more.
Office Location

Reminger Co., L.P.A.
1400 Midland Building
101 West Prospect Avenue
Cleveland, OH 44115
Map & Directions
Phone: 216-592-8714
Toll Free: 1-866-673-5278
E-mail: Contact Us

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