Adriana McGee, of Reminger Co, writes about McHenry v. McHenry, where the Fifth District Court of Appeals of Ohio released a timely analysis involving a trustee’s failure to account and an award of attorney fees against the trustee for their breach of duty. The decision, originating out of the Stark County Probate Court is significant for two reasons: (1) it provides a thorough analysis of a trustee’s duty to account even in the face of trust language relieving the trustee of his duty to account; and (2) the court awarded attorney fees in excess of the value of the compensatory damages, pursuant to its authority under R.C. 5810.04.
See full article discussing McHenry v. McHenry at: Case Law Precedent for an Award of Attorney Fees in Excess of Compensatory Damages for a Trustee’s Failure to Account
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.