Tallmadge, Ohio, Probate Litigation Attorneys Serving Akron and Northeast Ohio
Maguire Schneckenburger Legal Group has over 45 years of experience initiating claims and defending clients in disputes pertaining to estates and trusts.
Our firm frequently represents executors, trustees, heirs, and beneficiaries in probate and trust litigation. These disputes can arise out of a variety of circumstances, such as:
Ohio Will & Trust Contests
These actions usually involve a question of whether the decedent was competent when he or she signed the will or trust. Often, one party claims that the individual was unduly influenced, the victim of fraud, or under duress. Our firm has experience commencing and defending these cases.
Attorney Nicholas Schneckenburger successfully defended a will contest in the Summit County, Ohio Probate Court and obtained a favorable judgment. The case was appealed to the Ninth District Court of Appeals where the judgment was unanimously upheld.
Breach of Trust
Claims for breach of trust arise when a trustee violates the duties provided to him or her in the trust. These claims are frequently brought when a trustee fails to perform his or her duties required by law.
A frequent claim that many beneficiaries of a trust are not aware of involves the requirement of an annual accounting. If you are a beneficiary of a trust, the trustee of that trust must provide you with an accounting of all trust assets within a certain time period. Failure to do so can result in consequences to the trustee.
Breach of Fiduciary Duties
Executors and trustees have a legal duty to properly perform various duties while administering an estate or trust. Their obligation as the fiduciary is to act in the best interest of the estate or trust beneficiaries.
When executors or trustees fail to fulfill their duties, beneficiaries can suffer significant damage.Our attorneys are experienced in handling conflicts between beneficiaries and executors or trustees, including filing or defending actions against fiduciaries.
Claims by Creditors
In Ohio, creditors must comply with laws to collect a debt against a deceased individual. If the claim is not properly filed, it may not be paid. Maguire Schneckenburger Legal Group has experience defending clients against claims by creditors and filing claims on behalf of creditors.
Concealment of Assets
These claims usually arise when an individual takes or hides the decedent’s assets. Commonly, litigation is necessary to obtain those assets for the benefit of the estate or trust beneficiaries.
When an individual passes away, their assets must be properly transferred to his or her beneficiaries. If an executor or trustee improperly uses the decedent’s assets as his or her own, a conversion claim may be brought against that executor or trustee. In addition, if a beneficiary is improperly using the decedent’s assets without authority to do so, filing a lawsuit against him or her may be the only manner to recover those assets for the other estate or trust beneficiaries.
Probate litigation can be stressful and costly. Our attorneys work with and guide clients to assess the potential costs and benefits of litigation to determine whether it is necessary and warranted.