Elizabeth E.W. Weinewuth
Practice Areas
Education
- University of Cincinnati College of Law, J.D., 2004
University of Cincinnati Law Review, Associate Member, 2002; Student Articles Editor, 2003 - Kenyon College, B.A., 2001, magna cum laude, Phi Beta Kappa
Bar & Court Admissions
Beth is a partner in the Vorys Cincinnati office and a member of the litigation practice. Her practice focuses on controversies related to wealth transfer, including estate, trust, real estate, and closely-held business disputes, and the exercise of fiduciary duties by trustees, executors, administrators, guardians, and powers of attorney. She represents both corporate and individual trustees and beneficiaries, guardians and other individuals in both probate courts and common pleas courts throughout Ohio. Beth also has experience handling ERISA litigation and FINRA arbitration proceedings. Beth is an efficient, practical, and passionate advocate for her clients.
Career highlights include:
- Successful trial defense of bank trustee against multi-million dollar breach of fiduciary duty claims regarding trust administration and investments.
- Successful defense and summary judgment for bank trustee against multi-million dollar breach of fiduciary duty claim involving an Irrevocable Life Insurance Trust (ILIT).
- Defense, mediation, and successful settlement of intense family dispute regarding use of funds from multi-million dollar generation-skipping trust.
- Defense, mediation, and successful settlement of claims against an individual trustee and Power of Attorney against claims of self-dealing.
- Successful representation of Florida resident in partition of family farm located in Butler County, Ohio.
- Successful trial defense and settlement of claims regarding family farm in Fayette County, Ohio, including defense against co-parceners’ claims and prosecution of partition action; obtained rare physical partition of farm land, which allowed client to maintain home farm.
- Representing clients in counties across Ohio including: Hamilton, Montgomery, Butler, Warren, Clinton, Fayette, Delaware, and Coshocton counties.
Beth is a Fellow of the American College of Trusts and Estate Counsel (ACTEC). According to ACTEC, lawyers and law professors are elected to be fellows based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities.
Beth is a frequent speaker at bar associations and professional programs at the national, state and local level regarding estate, trust and fiduciary litigation. She is also an active member of the firm’s trust and estate litigation subgroup.
Beth is a member of the American Bar Association, the Ohio State Bar Association and the Cincinnati Bar Association. Beth is also an appointed member of the Ohio State Bar Association’s Estate Planning, Trust & Probate Section Council. The Council evaluates the current state of Ohio law relevant to estate, probate, and trust practitioners and their clients and develops, writes, and lobbies for relevant legislative change.
Beth has been named an Ohio Super Lawyers Rising Star in estate and trust litigation, the only Ohio attorney in this class, each year since 2014.
Beth received her J.D. from the University of Cincinnati College of Law, where she was an associate member and student articles editor of the University of Cincinnati Law Review. She received her B.A. magna cum laude from Kenyon College, where she was a member of Phi Beta Kappa.
Professional and Community Activities
- Great Parks Foundation, Investment Committee member, 2013-Present
- Episcopal Church of the Redeemer, Vestry Board member, 2015-2019
- Ohio State Bar Association Estate Planning, Trust & Probate Section Council, Member, 2015-Present
Teaching/Speaking Engagements
- “Top Ten Ohio Estate, Trust, and Probate Law Updates Coming in 2019,” March 2019, Dayton Bar Association Annual Probate Law Institute
- “Ohio Omnibus Probate Bill 595 and Other Significant Developments,” February 2019, Cincinnati Bar Association Advanced Estate Planning Institute
- "The Conflicts Conflict: Representing Fiduciaries (Not the Estate) after Cincinnati Bar Association v. Robertson," September 2017, Ohio State Bar Association: Marvin R. Pliskin Advanced Estate Planning Seminar
- "Robertson and Conflicts of Interest in Trust and Estate Administration," August 2017, Ohio State Bar Association: All Ohio Forum
- "No-Contest Contests," July 2017, American Law Institute Continuing Legal Education (ALI CLE) Representing Estate and Trust Beneficiaries and Fiduciaries Conference
- "When the Gloves Come Off: Practical Tactics for Dealing with the Delinquent and Defending the Diligent Trustee," July 2017, American Law Institute Continuing Legal Education (ALI CLE) Representing Estate and Trust Beneficiaries and Fiduciaries Conference
- "Will Contests: Direct and Cross, In Action," March 2017, Columbus Bar Association 34th Annual Advanced Estate Planning Institute
- "Will and Trust Contests, Claims of Undue Influence," and "Armor for the Trustee," December 2016, Mahoning County Bar Association
- "Conflicts of Interest: Trust and Estate Administration," October 2016, Warren County Bar Association
- "Will Contests: Direct and Cross, In Action," July 2016, American Law Institute Continuing Legal Education (ALI-CLE) Representing Estate and Trust Beneficiaries and Fiduciaries Conference
- "Basics of Estate Administration," June 2016, Ohio State Bar Association
- "Estate Planning and Probate Law Update," April 2016, Ohio State Bar Association All-Ohio Legal Forum
- "Fixing 'Broken' Trusts," April 2016, Dayton Bar Association Estate Planning, Trust and Probate Law Committee Monthly Meeting
- "Newcomer v. National City Bank: Guidance for Ohio Trustees." May 2015, Clinton County Bar Association
- "Releases and Their Challenges: A Panel Discussion of the Benefits, Limitations and Litigation of Trustee Releases," July 2014, American Law Institute Continuing Legal Education (ALI CLE) Representing Estate and Trust Beneficiaries and Fiduciaries Conference
- "Fiduciary Litigation Update," May 2014, Ohio State Bar Association: 2014 Annual Convention
- "Armor for the Trustee: Limitation of Liability Provisions and Releases of Trustee," March 2014, Dayton Bar Association Estate Planning and Probate Institute, Warren County Bar Association
Honors & Awards
- The Best Lawyers in America, Litigation - Trusts and Estates, 2020
- Ohio State Bar Foundation 2017-2018 Community Service Award for Attorneys 40 & Under District 1
- Ohio State Bar Foundation, Fellow (Class of 2018)
- National Diversity Counsel Top 15 Business Women in Ohio Award 2018
- Ohio Super Lawyers Rising Stars, General Litigation, 2013; Estate and Trust Litigation, 2014-2019
- Lawrence Maxwell Advocacy Prize, University of Cincinnati College of Law, 2002
- Class of 1958 Merit Scholarship, University of Cincinnati College of Law, 2001
- College of Law Honors Scholarship, University of Cincinnati College of Law, 2001
- Distinguished Academic Scholarship, Kenyon College, 1997
News
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 12/5/2018Vorys is pleased to announce that 48 attorneys from the firm have been named 2019 Ohio Super Lawyers and Rising Stars.
- 12/5/2017Vorys is pleased to announce that 56 attorneys from the firm have been named 2018 Ohio Super Lawyers and Rising Stars.
- 12/2/2016Vorys is pleased to announce that 58 attorneys from the firm have been named 2017 Ohio Super Lawyers and Rising Stars.
- 1/4/2016Vorys announced that Blake Beachler, Jennifer Dunsizer, Angela Gibson, Rick Grady, Jonathan Ishee, Paul Kerlin, Natalia Steele and Elizabeth Weinewuth have been named partners of the firm.
- 12/2/2015Vorys is pleased to announce that 63 attorneys from the firm have been named 2016 Ohio Super Lawyers and Rising Stars.
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
Events
- 10/15/2019Vorys Attorneys Lisa Forbes and Beth Weinewuth spoke at the Fiduciary and Risk Management Association’s (FIRMA) Current Risk Issues Seminar on October 15, 2019.
- 9/24/2019Beth Weinewuth and Colleen Laux, attorneys in the Vorys trust, estates and wealth transfer group, presented a complimentary webinar on the best practices for trustees who suspect incapacity of a settlor, co-trustee or beneficiary on September 24, 2019.
- 9/13/2019Vorys Attorneys Lisa Forbes and Beth Weinewuth spoke at the Marvin R. Pliskin Advanced and Estate Planning Seminar co-sponsored by the Ohio State Bar Association on September 13, 2019.
- 1/31/2019Partners John Furniss and Beth Weinewuth held a webinar on January 31, 2019. Together they covered important changes made to Ohio laws concerning estate and trust planning, administration and litigation.
- 3/1/2018Vorys partner, Beth Weinewuth presented to the Cincinnati Bar Association: Advanced Estate Planning Institute in March 2018.
- 12/7/2017Vorys attorneys Colleen Laux J.B. Lind, Beth Weinewuth, and Lisa Babish Forbes presented at Butler County Bar Association’s trust and estate CLE presentation on December 7, 2017.
- 9/15/2017Vorys Partner Elizabeth Weinewuth was a speaker at the Marvin R. Pliskin Advanced Probate and Estate Planning Seminar sponsored by the Ohio State Bar Association on September 15, 2017. She discussed representing fiduciaries after the Cincinnati Bar Association v. Robertson decision.
- 8/25/2017Vorys partner, Beth Weinewuth presented at the Ohio State Bar Association: All Ohio Forum on August 25, 2017.
- 7/13/2017Vorys Partners Lisa Forbes, Emily Pan and Beth Weinewuth were speakers at the 2017 Representing Estate and Trust Beneficiaries and Fiduciaries conference hosted by the American Law Institute on July 13, 2017.
- 6/20/2017Vorys partners Beth Weinewuth, Lisa Forbes and Emily Pan presented at the Ohio State Bar Association Basics of Estate Administration Seminar on June 20, 2017.
- 3/24/2017Vorys Partners Dan Buckley, Emily Pan, and Beth Weinewuth were speakers at the 34th Annual Advanced Estate Planning Institute on March 24, 2017.
- 3/10/2017Vorys partners Beth Weinewuth and Emily Pan presented at the Dayton Bar Association Estate Planning, Trust and Probate Institute on March 10, 2017.
- 12/9/2016Vorys attorneys Tim Cole, Phil Downey Heather Lutz, Emily Pan, Lindsay Spillman and Beth Weinewuth were speakers at a Trust and Estate Litigation presentation hosted by the Mahoning County Bar Association on December 9, 2016.
- 10/26/2016Vorys Partners Emily Pan and Beth Weinewuth were speakers at the Warren County Bar Association Monthly Meeting on October 26, 2016.
- 7/7/2016Vorys attorneys Lisa Forbes, Emily Pan and Beth Weinewuth were speakers at the ALI-CLE Representing Estate and Trust Beneficiaries and Fiduciaries on July 7, 2016.
- 6/22/2016Vorys attorneys David Benedetto, Michelle Clemons, Colleen Laux, Mark Noel and Beth Weinewuth were speakers at Ohio State Bar Association’s Basic of Estate Administration on June 22, 2016.
- 4/27/2016Vorys attorneys Colleen Laux, Allen Rutz and Beth Weinewuth were speakers at the All-Ohio Legal Forum hosted by the Ohio State Bar Association on April 27-29, 2016.
- 4/6/2016Vorys attorneys David Benedetto and Beth Weinewuth were speakers at the Dayton Bar Association’s Estate Planning, Trust and Probate Law Committee Monthly Meeting on April 6, 2016.
- 4/6/2016Vorys attorneys David Benedetto and Beth Weinewuth were speakers at the Dayton Bar Association monthly meeting on April 6, 2016.
- 6/26/2015Vorys attorneys Colleen Laux, Maria Moyer, Mark Noel and Beth Weinewuth were presenters at the Basics of Estate Administration Seminar hosted by the Ohio State Bar Association on June 26, 2015.
- 5/8/2015Vorys attorneys Dan Buckley and Beth Weinewuth were speakers at the Clinton County Bar Association of May 8, 2015.
- 3/25/2015Vorys attorneys Lisa Forbes and Beth Weinewuth presented to the Catholic Foundation’s Professional Advisors Group on March 25, 2015.
- 8/27/2014Vorys attorneys Beth Weinewuth and Dan Buckley will be presenting a Trust & Estates Litigation CLE hosted by the Warren County Bar Association on August 27, 2014.
- 7/24/2014Vorys attorney Elizabeth Weinewuth presented at the 2014 ALI -CLE Representing Estate and Trust Beneficiaries and Fiduciaries conference on July 24, 2014.
- 5/2/2014Vorys associate Elizabeth Weinewith presented a fiduciary litigation update at the Ohio State Bar Association Annual Convention on May 2, 2014.
- 3/14/2014Vorys attorneys Lisa Forbes and Beth Weinewuth were speakers at 2014 Annual Estate Planning, Trust, and Probate Law Institute hosted by the Dayton Bar Association on March 14, 2014. Their presentation is titled Armor for the Trustee: Limitation of Liability Provisions and Releases of the Trustee.
Insights
- 7/18/2019In North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, Case No. 18-457, 588 U.S. __ (2019), the Supreme Court held that states may not impose a tax on trust income based solely on the residency of an in-state beneficiary.
- 2/13/2019Is a surviving spouse responsible for her deceased spouse’s medical bills if the creditor did not properly submit a claim against his estate?
- 11/1/2017Vorys Partner, Beth Weinewuth authored a article for the November/December issues of the Ohio Probate Law Journal titled "The Conflict: Representing Fiduciaries (Not the Estate?) after Cincinnati Bar Association v. Robertson."
- 10/3/2017“Together with all contents of said real estate.” It sounds straightforward. But what happens when the “real estate” is a farm and the “contents” in question include trucks and farm machinery?
- 8/24/2017The Eighth District Court of Appeals surprised many Ohio practitioners this month by applying a fiduciary exception to the attorney-client privilege in Dueck v. The Clifton Club Company.
- 8/7/2017The Second and Eighth District Courts of Appeals demonstrate how difficult it is to establish undue influence.
- 7/20/2017A recent decision by the Court of Appeals for the Ninth Appellate District illustrates Ohio courts’ reluctance in removing fiduciaries.
- 6/30/2017The Court of Appeals for the Third Appellate District recognized the strength of the presumption of undue influence in a will contest case, overturning an award of summary judgment because of the presumption. Sigler v. Burk, 2017-Ohio-5486, decided on June 26, 2017, demonstrates why, in drafting a will or trust, you should think carefully about any fiduciary role (or roles) assumed by the beneficiaries of the will or trust.
- 6/1/2017Contestants of an Ohio will must overcome a very high threshold to establish that a decedent was unduly influenced or lacked testamentary capacity. Young v. Bellamy, decided on May 24, 2017, provides a new example of just how difficult it is to overturn a will.
- Spring 2017Creditors of Ohio estates have little room for error under a decision handed down by the Supreme Court of Ohio on April 19, 2017.
- 4/28/2017On April 26, 2017, the Ohio Fifth Appellate District rejected a rule of proportionality in awarding attorneys’ fees in trust litigation.
- 4/21/2017Creditors of Ohio estates have little room for error under a decision handed down by the Supreme Court of Ohio on April 19, 2017.
- 3/14/2017Last week, the Tenth District Court of Appeals upheld summary judgment in favor of an institutional trustee where trust beneficiaries sued the trustee—after executing a release of the trustee for actions taken in administration of the trust— for negligence and breach of fiduciary duty.
- 12/19/2016Last week, Governor Kasich signed into law Senate Bill 232, which makes changes to Ohio’s statutes on intestacy, wills, and trusts.
- 6/6/2016The Second District Court of Appeals has issued an opinion in Gehrke v. Senkiw, 2d Dist. Montgomery No. 26829, 2016-Ohio-2657, which held that the validity of a revocable trust that the settlor’s will incorporates by reference cannot be challenged without also challenging the settlor’s will.
- May/June 2015Vorys attorneys Daniel Buckley, Lisa Babish Forbes and Elizabeth Weinewuth authored an article for the Probate Law Journal of Ohio titled “Newcomer V. National City Bank Appeal Concludes, Affirms Important Guidance for Ohio Trustees.”
- 8/27/2014On August 22, 2014, the Sixth District Court of Appeals affirmed on all counts a Williams County probate court’s September 2012 decision in favor of PNC Bank, National Association against successor trustee and beneficiaries’ various breach-of-fiduciary-duty claims. The decision in Newcomer v. National City Bank, (2014-Ohio-3619; 2007 Ohio App. LEXIS 6365 (Ohio App. 6th Dist.)) provides critical guidance for Ohio trustees on four key points of law.
- 7/9/2014On July 3, the Second District Court of Appeals issued an opinion in Cartwright v. Batner, 2014-Ohio-2995 (Ohio App. 2 Dist.), which interprets both the Ohio Trust Code and Ohio’s Uniform Power of Attorney Act, recognizes a new claim for treble damages by vested beneficiaries, and provides guidance on a variety of issues important to estate planners, fiduciaries, beneficiaries and those who represent them.
- 1/6/2014Lisa Babish Forbes, a partner in the Cleveland office and Elizabeth E.W. Weinewuth, an associate in the Cincinnati office, authored this article on Fiduciaries Under Fire for the Winter 2014 issue of The Bankers' Statement.
- 5/20/2013Lisa Babish Forbes, a Cleveland partner, and Elizabeth E.W. Weinewuth, a Cincinnati associate, published this article in the Spring 2013 issue of The Bankers' Statement.
- March/April 2013Vorys attorneys Daniel Buckley, Lisa Babish Forbes, Elizabeth Weinewuth and Elizabeth Davis Conway authored an article for the Probate Law Journal of Ohio titled "Important Guidance for Ohio Trustees: Newcomber V. National City Bank."
- 1/22/2013A recent trial victory on behalf of a major banking client clarifies three key points of law in Ohio fiduciary litigation. In June 2012, a Vorys trial team led by Daniel J. Buckley and Lisa Babish Forbes defended a trustee in a five-day bench trial against numerous breach of fiduciary duty claims brought by successor trustees and beneficiaries.