Because many of our probate litigation clients are referrals from attorneys and financial advisors, we like to work closely, if desired, with the referring professional in the probate litigation planning and decision making processes. Our goal is to get the best possible result for the client as quickly as possible. The referring attorney and/or financial advisor are often times helpful in achieving that goal.
SS+D’s aggressive trial attorneys have represented clients in hearings and trials in probate courts throughout the State of Ohio in disputes involving wills and trusts, probate fraud, abuse of powers of attorney, guardianships, creditors’ claims, and pre-death gifts. Because of our court experience, we are often able quickly to evaluate the merits of a claim and help the client determine the best approach to take.
Litigation in Probate Court can be expensive and emotionally difficult, so we will work closely with the client to create the best litigation plan possible. Because probate litigation involves families as well as personal and business relationships that may continue after the conclusion of the case, we treat all of our client matters as highly confidential and sensitive. We will consult with the client at each critical step of the decision-making process.
Mike Moloney has practiced in Dayton for his entire career since graduating from The Ohio State University College of Law in 1980. He is recognized as a Board Certified Specialist in Estate Planning, Trust and Probate Law by the Ohio State Bar Association. Mike, a Certified Financial Planner (CFP has a rare combination of having a sophisticated understanding of estate planning and probate law while also excelling as a litigator in the courtroom). With this combination, Mike Moloney spends a significant amount of time representing estates, trusts, corporate trustees and beneficiaries in lawsuits over wills and trusts. In addition, Mike also handles tax court litigation and IRS audits.
Scott Davies is a litigation attorney. Over the last seven years, he has spent a substantial portion of his time advising clients, both from an estate planning perspective and in litigation following a family member’s death. He recently represented an Executor whose sister challenged the validity of their mother’s will. The Executor’s sister accused him of withholding care for their mother unless the will was modified to give him substantially more than his sister. The sister also claimed that their mother had actually revoked the will prior to her death. After four years of litigation in the Probate Court, the Common Pleas Court, and the Second District Court of Appeals, the will was upheld and the Executor was exonerated of any wrong-doing.
Scott’s practice provides a broad scope of experiences to draw upon and apply in the context of probate litigation. He takes a realistic approach to and seeks opportunities for mutually beneficial resolution at all stages of litigation. Scott Davies has been invited to lecture on Probate Litigation before the Dayton Bar Association. He was named a Rising Star in 2008 by Law & Politics.