Johnstown, PA asked in Estate Planning for Ohio

Q: My Dad passed away and I am a beneficiary of his trust. I would like to know if this information below is even legal.

This information is in the trust. Is this even legal?

If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE, or either of them for their actions as Trustees or as fiduciaries under my Estate, then I direct the attorney fees and court costs for their defense be paid first out of the share of the beneficiary making such a claim - even if such fees and costs shall deplete such beneficiaries share.

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2 Lawyer Answers
Aaron Epling
Aaron Epling
Answered
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: I'm not sure what you're asking. You should probably call an attorney in your area.

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: From the facts posted, the provision in this Trust seems to be a modified version of a "no-contest" clause. Courts in Ohio have upheld these provisions traditionally. That being said, every case is different and if you believe something wrong is occurring, there may be alternate ways to proceed. I recommend sitting down with an attorney to review your situation in detail and determine what your best course of action may be.

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