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Cleveland Breach of Fiduciary Duty Attorney

Ohio Breach of Fiduciary Duty Law Firm

A trustee of a trust or an executor of a will is a legally appointed fiduciary. The fiduciary is a person with a legal duty to manage finances properly on behalf of the heirs/beneficiaries. A power of attorney is also a fiduciary with specific duties and obligations. If any "fiduciary" fails to appropriately discharge their duty, you can take action.

Has a fiduciary in charge of your family's finances:

  • Refused to provide data to you or other family members about how a trust or estate is being managed?
  • Failed to file tax returns in a timely manner?
  • Paid off their own debts before providing trust money to other beneficiaries?
  • Used their power of attorney to manipulate or change bank accounts or self-gift?
  • Committed a breach of fiduciary duty in any other way?

The Cleveland breach of fiduciary lawyers at Reminger, Attorneys at Law have served people in Cleveland and the surrounding parts of Ohio for more than 50 years. We have the experience to help you.

Discuss Your Case With a Cleveland Breach of Fiduciary Duty Lawyer for Free

Call us at 1-866-673-5278 or contact our Cleveland breach of fiduciary lawyers online to schedule a free consultation. We will help you determine if there has been a breach of fiduciary duty. We will help you get what is right for you and your family.

What is Breach of Fiduciary Duty?

A trustee or executor does not have to deliberately commit wrongdoing in order to be guilty of breach of fiduciary duty. They may have simply failed to handle something properly due to negligence.

The fact of the matter is that not everyone is able to handle the financial responsibilities that come with being appointed as a fiduciary. Our Cleveland breach of fiduciary attorneys can help put things in order.

Cleveland Breach of Fiduciary Duty Lawyers

Our team will work with you and your family to explore the options that are available if a breach of fiduciary duty has occurred. These options may include removing and replacing the fiduciary or filing a claim against them to have misplaced finances returned to the family.

You can count on us to carefully look at your situation to determine the steps that are right for you.

About Our Fees: We Want to Work for You

In addition to hourly fees, we will also consider taking breach of fiduciary duty cases on a contingency fee basis or making other alternative fee arrangements. Our lawyers want to make our services work for you.

Contact Our Akron Breach of Fiduciary Lawyers for a Free Consultation

Contact an Akron negligence lawyer today to schedule a free consultation with an experienced estate dispute attorney.

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.

We Are Different Reminger Co., L.P.A Ohio Attorneys

http://www.willcontestfirm.com 216-592-8714 If you have a case that involves a disputed will or a trust, or even a guardianship where there’s dispute, contact Reminger Co., L.P.A in Cleveland, Ohio for representation.

  • Partners Adam Fried and Franklin Malemud were published recently as co-authors of a chapter in the book “Aging and Money: Reducing Risk of Financial Exploitation and Protecting Financial Resources,” Ronan M. Factora, Editor. This book is designed to disseminate knowledge to those individuals who are most likely to be in contact with at-risk elders and is particularly pertinent for the practicing clinician to help provide information on identifying risk factors, recognizing signs of for financial exploitation in any clinical setting, and implementing methods of screening for financial exploitation.
  • Partner Adam Fried recently presented to the Ohio State Bar Association Pliskin Institute on Advanced Estate Planning on the subject of probate court jurisdiction and its complexity in relation to the jurisdiction of the general division of the common pleas court.
  • Partner Adam Fried was selected as the Best Lawyers, Lawyer of the Year, for Litigation, Trusts, and Estates in Cleveland for the year 2015 and also was recognized as an Ohio Super Lawyer.
  • Adam Fried was recently quoted in the New York Times article, “Financial Schemes Against the Elderly Are Increasing,” published on September 6, 2014. http://www.nytimes.com/2014/09/06/your-money/financial-schemes-against-the-elderly-are-increasing.html?_r=0
  • Partner Franklin C. Malemud and Associate Adriann S. McGee successfully represented the appellee in Kinchen v. A.R. Mays after obtaining a judgment before the probate court. The Eighth District Court of Appeals upheld the judgment for the defendant, and its opinion can be read here.
  • Partner Adam Fried serves as First Vice Chair for the Consortium Against Adult Abuse (C3A) and conducted the annual C3A meeting on June 13, 2014 at the Corporate College East in Warrensville Heights, Ohio. Attorney Fried participated in two panel discussions regarding the individual roles of the panel in developing cases of abuse, neglect, and exploitation. The second was an interactive case study panel discussion about the various methods that can be employed when abuse/neglect is suspected. Pictures from the event can be seen here.
  • Partner Adam Fried recently published The Exclusive Jurisdiction of the Probate Court and the “Touching Upon” Standard in the Light of Rheinhold v. Reichek, et al., in the May/June 2014, Volume 24, Issue 5, of the Probate Law Journal of Ohio.
  • ELDER JUSTICE ROADMAP RELEASED TODAY
    WED, 07/09/2014 –

    NCPEA is delighted to join elder justice advocates across the country in announcing today’s release of theElder Justice Roadmap Report by the Department of Justice and the Department of Health and Human Services. This unprecedented two-year effort gathered input from public and private entities, experts from across the United States, and hundreds of people who address elder abuse and have a role to play in detecting and preventing it. The Roadmap provides a detailed, practical guide for teams, communities, states and national entities. It is a strategic planning resource by the field for the field to foster coordinated approaches to reduce elder abuse, neglect and exploitation—a problem with solutions.
    Georgia Anetzberger, immediate past president of NCPEA, was a subject matter expert for the Roadmap Project Guidance Group. A number of other NCPEA members were among those who provided input into making theRoadmap a reality. In response to the Roadmap Report’s release, Anetzberger said, "This is the most comprehensive strategic plan to date for the field of elder abuse. With input from more than 750 persons nationwide, the Roadmap provides detailed actions for solving the problem of elder abuse in this country."

    The Roadmap highlights key priorities and offers action steps to enhance direct services, education, policy, and research to reduce elder abuse. The Elder Justice Roadmap Report can be found online at http://ncea.acl.gov/Library/Gov_Report/index.aspx.
  • The Annual Consortium Against Adult Abuse Conference will be held June 13, 2014 at Corporate College East in Warrensville Heights, Ohio. Registration is still available.
  • Attorney Adam Fried will be speak at the Consortium Against Adult Abuse's annual conference to be held at June 13, 2014 at the Cuyahoga County Community Corporate College.
  • Know the signs of elder abuse and who to call to call in Northeast Ohio when you want to report elder abuse to the proper authorities.
  • Partner Adam Fried and Associate Adriann McGee recently received a dismissal of a cross claim to the benefit of their clients. The Cuyahoga County Probate Court found no basis for damages against the cross-claim defendants, and that the trust was distributable in two equal shares instead of the cross-claim plaintiffs receiving a greater amount of the trust funds.
  • Adriann McGee will be speaking at the 23rd Annual Two Days in May Victims Assistance Conference on May 12th and 13th, 2014 in Columbus, Ohio on the topic of Understanding Mental Capacity to Minimize Financial Exploitation and other Elder Abuse coordinated by the Ohio Attorney General’s Office. Register here:
  • The Reminger Probate Department would like to congratulate Paul Shugar for passing the Ohio Bar Exam in November. A law clerk at Reminger for the past two years, Paul will join the Probate Department as an associate attorney.
  • The Ohio Eighth District Court of Appeals recently upheld a dismissal in Rheinhold v. Reichek,8th Dist. No. CV-782576, 2014-Ohio-31. Partners Adam M. Fried and Holly Marie Wilson represented the client after the opposing party appealed the trial court’s dismissal for lack of subject-matter jurisdiction. The appellate upheld the dismissal, holding that the termination of a guardianship does not foreclose the probate court’s exclusive jurisdiction over guardianship-related matters.
  • Recently, Russ Meraglio spoke at the 2013 Medical/Legal Summit sponsored by University Hospitals and the Cleveland Clinic Foundation. Russ provided legal input with respect to elder law issues including but not limited to durable powers of attorney for healthcare, living wills, liability of physicians when acting upon advanced directives, and other end of life issues. In total, there were in excess of 150 doctors, lawyers, and healthcare professionals in attendance.
  • Probate Administration, Trust Administration and Guardianships Co-Chair Adam Fried participated in a recent Professional Education Broadcast Network national teleconference featuring the subject 'Attorney Ethics and Elder Abuse. Click here to listen to the audio.
  • Adam Fried recently gave a speech on end-of-life decisions such as financial and healthcare powers of attorney to 50 attorneys, accountants, financial planners, and medical professionals at the Montefiore Nursing Home in Cleveland.
  • On December 17, 2013, Attorney Adriann S. McGee will be speaking in Cleveland, Ohio on the topic of Litigating Cases Within An Estate Proceeding for the National Business Institute.
  • Partner Leon Weiss was selected as "Lawyer of the Year" for 2014 Cleveland Trusts and Estates in "Best Lawyers in America" a peer-review survey of over 50,000 lead attorneys across the country.
  • On October 16, 2013, Attorney Adriann S. McGee will be speaking in Mansfield, Ohio on the topic of Litigating Cases Within An Estate Proceeding for the National Business Institute. Click here for more information on registration.
  • Franklin Malemud will be part of a panel discussion on Trust litigation issues at the prestigious Marvin R. Pliskin Advanced Probate and Estate Planning Seminar being held in Columbus, OH on September 20, 2013.
  • Franklin Malemud recently spoke to the Estate and Trust section of the Cuyahoga Metropolitan Bar Association on the subject of "Affidavit of Insolvency, ORC 5816.06 and Due Diligence" relating to the new Ohio Legacy Trust statute that went into effect on March 27, 2013.
  • Adam recently presented at the CAAA (Consortium Against Adult Abuse) conference. He presented a workshop to two separate groups of attendees on the concept of financial exploitation and attempting to locate the line between self-determination and exploitation. Adam also participated in a very informative roundtable discussion with other experts on the manner in which particular cases of abuse, neglect and exploitation may be resolved.
  • 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
  • Estate Planning Chair Barbara Bellin Janovitz was quoted in a December 21st article in the Cleveland Jewish News on estate tax concerns.
    The article, entitled "Word to the wealthy: move now on estate, gift taxes," can be read by clicking here.
  • 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.
  • 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 and Adriann McGee were successful in securing the dismissal of a lawsuit against their clients involving international interference with expectancy of inheritance, breach of contract, declaratory relief, constructive trust and reformation. The 12(B)(6) dismissal was affirmed on appeal. 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.
  • The Consortium 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.
  • 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.
  • 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 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.
  • 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".
  • 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".
  • 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.
  • 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.
  • Leon Weiss and Chris Reid were recently 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 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.
  • Christine Reid was selected Program Chair for the Cleveland Metropolitan Bar Association's Estate Planning, Probate and Trust Section. She will be responsible for coordinating and setting up the educational programs and speakers for the section.
  • Adam Fried was recently quoted in the Dayton Daily News in an article titled "Legal Guardians Steal Millions from Elderly".
  • Leon Weiss and Franklin Malemud recently presented a lecture titled "Ohio Trust Code Three Years Later - Practical Application and Advice" to legal, accounting, and financial professionals at the Cleveland Jewish Federations 38th Charitable Tax Seminar.
  • U.S. News and World Reports has awarded Reminger Co. L.P.A.'s Trust and Estate Law Department with highest ranking as a Tier 1 Law Firm in the Cleveland, Ohio region.
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