Experience
Breach of Fiduciary Duties Relating to Large Revocable Trust
We defended a national financial services firm against allegations of breach of fiduciary duty relating to a large revocable trust that became irrevocable at the grantor’s death. Our client served as the corporate trustee for the trust. The co-defendant was an individual co-trustee who had power of attorney for the disabled grantor during her lifetime and was her nephew. The suit was brought by the deceased grantor’s daughter and granddaughter, alleging breach of fiduciary duty relating to the grantor’s disability and competency to make testamentary dispositions – which were in favor of the nephew and other members of his family. We have taken or attended more than 20 depositions, filed motions to disqualify the plaintiff’s experts, and worked with our experts on the grantor’s disability and the fiduciary duties of the corporate co-trustee.
Foreclosure Proceeding Involving Shopping Malls
We represented the lender in a multi-million dollar commercial foreclosure proceeding involving shopping malls located in Ohio and Indiana. We successfully sought the appointment of a Receiver for the properties, and were able to efficiently and effectively complete the foreclosure proceedings.
Foreclosure Proceedings Involving Rental Properties
We represented the lender in a multi-million dollar commercial foreclosure proceeding involving several multi-family rental properties spread throughout several counties in Southwest Ohio. We were able to have a Receiver appointed over all of the properties, and the Receiver was able to sell all of the properties within nine months of the commencement of the foreclosure proceedings, resulting in a favorable outcome for our client.