Firm News
- The Ohio Department of Aging has issued a consumer alert for older adults throughout the state following several incidents in southern Ohio of scammers impersonating staff of elder services agencies to attempt to get information or access to elders homes. Older Ohioans warned to beware of scammers impersonating aging services staff. Click here to learn more.
- Adam Fried will be presenting at the 2013 C3A Consortium Conference/Annual Meeting, to be held June 14, 2013 in Cleveland, Ohio at the Corporate College East Campus. This year's theme is "Legal Interventions in Elder Abuse: How to Make Them Work." As part of the day-long conference, Adam will be hosting a workshop entitled "Legal Strategies and Multi-Disciplinary Approaches to Preventing Financial Exploitation." Click here for more information.
- Adam Fried recently presented a workshop addressing the legal mechanisms available to resolve particular cases and weaknesses in the legal system
- Adam Fried co-authored “Forensic Psychiatrists and Attorneys on Undue Influence” with Sherif Soliman, M.D., Susan Hatters Friedman, M.D. and Carolyn Dessin, J.D. on the psychiatric and legal aspects of undue influence that was recently published in the Newsletter of the American Academy of Psychiatry and the Law.
- On March 18, 2013, Franklin Malemud presented to the Cleveland Academy of Civil Trial Attorneys on the subject of “Litigation in Probate Court”
- On March 14, 2013, Adriann McGee recently presented a CLE on preventing and litigating fiduciary liability in trust administration for the National Business Institute.
- Partner Adam Fried and Associate Adriann McGee recently represented a decedent's estate in a declaratory judgment action to recover a loan owed to the decedent by his son, who claimed the money was a gift. After a trial was conducted, Fried and McGee were granted judgment in favor of the estate. Read the probate court's January 28, 2013 Judgment Entry here.
- Adam M. Fried and Adriann S. McGee recently co-authored an article for the Ohio Probate Law Journal titled "Removal of a Trustee under Ohio Revised Code 5807.06" detailing their success in removing a trustee for serious breach of trust, a decision which was recently affirmed by the Eighth District Court of Appeals
- Appearing in front of the Ninth District Court of Appeals, Attorney Franklin Malemud successfully argued to uphold the decision of the Medina County Probate Court to invalidate a will on the grounds that it was not executed in compliance with testamentary formalities.
- Franklin Malemud secured a favorable opinion from the Cuyahoga County Probate court for trustee-defendant, granting his request to bifurcate one out of four claims alleged against the defendant and staying the remaining three claims until the bifurcated claim is resolved. Read about Kinchen v. Mays
- Attorney Franklin Malemud secured a favorable decision for his plaintiff client in Sandusky County Probate Court denying Croghan Colonial Bank's request to dismiss the plaintiff's concealment of assets action or add additional party defendants to the ongoing litigation. Read about Feighner v. Croghan Colonial Bank
- Adam Fried recently presented at the 43rd Annual Meeting of the American Academy of Psychiatry and the Law held in Montreal, Quebec. Adam presented at an interdisciplinary workshop along with two forensic psychiatrists and a law professor to approximately 70 psychiatrists from around the country and Canada. Our two-hour workshop focused on claims of undue influence melding legal and psychiatric issues together with court process.
- Read the latest Estate Planning Advisory Bulletin
- Probate Administration, Trust Administration and Guardianships Co-Chair Adam Fried is a member of the APS I-Team, a diverse group of professionals who provide a coordinated community response to victims of elder abuse. Click here for more information.
- New statute enacted allowing families a court process to force drug addicts into treatment. Read More.
- Probate Administration, Trust Administration and Guardianships Co-Chair Adam Fried will be a panelist on The Sound of Ideas, airing on the Cleveland NPR affiliate WCPN 90.3 between 9 am and 10 am EST Wednesday, June 6th. Adam will be on hand to discuss elder abuse, neglect and exploitation as June 15th is World Elder Abuse Awareness Day and June 8th is a roundtable hosted by CA3 at Tri-C on the subject matter. Click here on Wednesday to watch the Sound of Ideas during the broadcast.
- Adriann S. McGee has been appointed to the board of the C3A Consortium for Elder Abuse, which facilitates the identification, prevention and treatment of abuse, neglect and exploitation of elderly adults.
- The 2012 edition of Best Lawyers Cleveland was released naming Leon Weiss was named Trusts and Estates Lawyer of the Year. Leon Weiss was also honored with Best Lawyer Cleveland for Trusts and Estates and Trusts and Estates Litigation. Adam Fried and Russell Meraglio Jr. were named Best Lawyer Cleveland for Trusts and Estates Litigation and Barbara Bellin Janovitz was Best Lawyer Cleveland for Trusts and Estates practice.
- Partner Adam Fried is a board member on the Consortium for Elder Abuse and will be participating in the upcoming annual C3A Consortium and Elder Abuse/Domestic Violence Roundtable. Read More.
- 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. The Magistrate recommended that the transaction be set aside and voided. See Gregory Thompson, Guardian v. Paul Radis, et al. In the second, Adam tried a case before the Beth Din of America (a jewish tribunal in New York City) and convinced the tribunal that the Defendant Trustee had breached his fidicuciary duty and engaged in self dealing, resulting in a substantial verdict for his client beneficiaries.
- 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. The Will was left blank with regard to the identity of the residual beneficiary. While the testator properly executed the instrument, the evidence revealed that her intent was to name the residual beneficiary at a later date. The Judge found, as a matter of law, the instrument did not fit the definition of a Last Will and Testament.
- 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. The article explores the ethical rules, obligations, and best practices for attorneys who represent the elderly population in estate planning matters.
- 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.
- 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.). Mr. Weiss has also been selected as a leading lawyer for Inside Magazine for 8 straight years.
- Adam Fried returned with a trial verdict in favor of his co-trustee clients who had been sued for removal on the allegations of mismanagement, failure to account, animosity, and concealment of assets.
- Adam Fried was elected a Fellow of the American Bar Foundation, a distinction limited to 1/3rd of 1 % of lawyers in America. Established in 1955, The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars. Members of The Fellows have demonstrated outstanding achievements and dedication to the welfare of their communities and to the highest principles of the legal profession. Only existing Fellows may submit nominations for new members, which are elected by the Board of the American Bar Foundation.
- Franklin Malemud received a ruling from the 11th District Ohio Court of Appeals in In Re Guardianship of Hards, 2009-Ohio-1002 that affirms a finding of indirect civil contempt and an award of substantial attorney fees in favor of Mr. Malemud's guardian client and against a former/removed guardian and her attorney.
- Franklin Malemud received a unanimous ruling from the 8th District Ohio Court of Appeals in Cosgrove v. Rose, 2009-Ohio-342. Affirming in favor of Mr. Malemud's Trustee client, the Court of Appeals agreed with a Probate Court's judgment authorizing certain Trust advancements to an income beneficiary's daughter.
- Russell Meraglio spoke to the Lake County Bar Association on the topic of Recent Developments in Ohio Probate Law which took place on November 10, 2008. He also spoke to approximately 200 senior citizens at the Lake County Metro Parks on the issue of Elder Abuse and the Role of Guardianships.
- Adam Fried chaired the annual Elder Law Seminar sponsored by the Cleveland Marshall Law Alumni Association. He spoke on ethical matters confronting attorneys in the representation of the elderly and otherwise mentally diminished client.
- Adam Fried has been selected by his peers to be included in the 2009 edition of the "Best Lawyers in America" (copyright 2006 by Woodward/White, Inc of Aiken S.C.). Adam has also been selected by his peers as an Ohio Rising Star through the publishers of Law & Politics Magazine for the 2009 edition.
- Franklin Malemud was selected by his peers as an Ohio Rising Star through the publishers of Law & Politics Magazine for the 2009 edition.
Our firm has substantial experience representing clients in many areas of the law. To view those resources, visit our parent site to see the multitude of areas in which our attorneys engage.
