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Lack of Capacity

A Major Cause of Estate Disputes

For many people, the aging process comes with many challenges. Elderly people may be faced with dementia, Alzheimer's, stroke or other medical conditions. These conditions may prevent them from having the mental capacity to make decisions on their own.

Unfortunately, this lack of capacity opens a window of opportunity for unscrupulous people. These people may exert undue influence to make themselves beneficiaries of estates. This is one of the major reasons for will and trust contests. The Reminger law firm knows how to address these cases.

Discuss Your Case for Free | Learn How We Can Help

Call us at 1-866-673-5278 or send us an e-mail to schedule a free consultation. We will listen to you and help you determine if someone took advantage of a loved one's lack of capacity. We will take action to protect the proper beneficiaries.

Who Takes Advantage of a Loved One's Lack of Capacity?

Our lawyers are specifically focused on handling will and trust contests, including those that involve a lack of capacity or undue influence. That means we know how to handle these matters. Unfortunately, it also means that we have firsthand experience about who may do this.

We have seen brothers, sisters, sons, daughters, nephews, nieces, neighbors and friends do deceitful things simply to gain favor in a will or trust. Our attorneys know that it may be hard to believe that someone you care about would take advantage of your loved one. We know how to get to the bottom of these activities and make things right.

If you have any reason to believe wrongdoing has occurred, you have the right to ask questions. We know the questions to ask. We know how to look carefully to see whether or not wrongdoing has been committed. We know how to help.

About Our Fees: We Want to Work for You

In addition to hourly fees, we will also consider taking lack of capacity cases on a contingency fee basis or making other alternative fee arrangements. We are committed to making our services work for you.

Contact Us Today for a Free Consultation

Contact us today to schedule a free consultation and learn more about what lack of capacity cases are about and to find out how we can help.

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
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Phone: 216-592-8714
Toll Free: 1-866-673-5278
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