Screening Probate Cases Before You File: Fiduciary Breaches, Validity Challenges, Cost-Benefit Strategy

Shana DeMooy | Reminger

Shana is a partner in Reminger’s Columbus office, where she focuses on probate estate and trust disputes, matters of undue influence and financial exploitation, breach of fiduciary duty and fiduciary removal claims, estate and trust administrations, and guardianships. Shana represents both fiduciaries and beneficiaries in will contests, trust contests, and declaratory judgment actions related to the validity of various financial and real estate transactions. Shana also represents both fiduciaries and beneficiaries in breach of duty claims in the estate, trust, power-of-attorney, and guardianship contexts.

Shana counsels clients through all phases of the probate litigation process, including pre-suit investigation, pleadings, discovery, motions practice, alternative dispute resolution, and trial. On the administration side of her practice, Shana frequently represents executors, administrators, trustees, and beneficiaries throughout the estate and trust administration process. She also frequently conducts presentations and authors articles on various topics related to estate and trust litigation.

Michael Brody | Reminger

Michael Brody is an associate in Reminger’s Cleveland Office. He focuses his practice primarily on estate, trust, and probate litigation, as well as trust and estate administration.

Michael first joined Reminger as a law clerk in 2022. He has gained extensive practical experience working cases at various stages, including pre-suit investigation, pleadings, discovery, motion practice, alternative dispute resolution, trial preparation, and trial.

Session I – Screening Probate Cases: Spotting Fiduciary Duty Breaches Before Litigation | 1:00pm – 2:00pm

• Understand the probate litigation landscape
• Identify fiduciary red flags early
• Apply practical screening questions
• Connect law to practice
• Balance costs, risks, and remedies

Break | 2:00pm – 2:10pm

Session II – Screening Probate Cases: Validity Challenges, Undue Influence, and Capacity — Building (or Breaking) the Case Before You File | 2:10pm – 3:10pm 

• Identify the most common validity-based probate claims
• Recognize factual patterns
• Use targeted intake questions and document requests
• Map likely remedies and defenses early
• Estimate risk, cost, and leverage