Tuesday, December 10, 2013

Merrick-Rippner Probate Law (2013-2014)

New features and recent developments in this update include:

  • A discussion of cases in which Ohio courts have ruled on whether a beneficiary under a will can legitimately seek clarification of a will's provisions, or request that the court review an executor's conduct, without violating and triggering an in terrorem clause.  See section 30:30

  • Coverage of Erwin v. Wanda E. Wise Revocable Trust, 2013-Ohio-952, 2013 WL 1091229 (Ohio Ct. App. 4th Dist. Scioto County 2013), in which the court ruled as to whether, in an action to enforce an oral agreement to make a devise of real estate by will, the doctrine of part performance renders inoperative the statute requiring that an agreement to make a will or to make a devise or bequest by will be in writing.

  • Discussion of My Father's House No. 1 v. McCardle, 2013-Ohio-420, 986 N.E.2d 1081 (Ohio Ct. App. 3d Dist. Marion County 2013), in which the court ruled on the standing of a widow to challenge her deceased husband's transfer of real property in view of her execution of an antenuptial agreement permitting the husband to transfer his real property to whomever he chose.  See Section 39:4

  • A model complaint for breach of fiduciary duty and interference with expectancy of inheritance.  See section 56:13.10.

No comments:

Post a Comment