Posted on March 28, 2022 in Estate Planning

When people begin the process of estate planning, they often have many questions about what course of action would be in their best interest, or in the best interests of their surviving family members and loved ones. One frequently asked question asks what the difference is between a simple will and a living trust. Is one option a better choice than the other? The answer to these questions really depends on your particular situation, but for most typical family situations a good choice is to use a living trust to transfer your property upon your death.

When you prepare a will as your sole means of transferring your property upon your death, your will must go through the probate court, which can be complicated, and your surviving family members could end up fighting over your will once you are gone. However, using a revocable living trust, which an Ohio estate planning attorney can prepare while you are still alive, can help your family avoid probate after you pass on. Individuals who are looking to exercise more control over their property may find that a living trust is a useful estate planning tool.

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 Posted on February 21, 2022 in Estate Planning

An executor is in charge of administering an estate after an individual passes away. Estate administration can involve many different responsibilities, including managing any investments owned by the decedent and paying any outstanding debts. An executor also is responsible for distributing the remaining assets in the estate according to the decedent’s wishes stipulated in their will and other estate planning tools. The decedent usually names who they want to serve as executor in their will.

Role of an Executor

The first task as executor of an estate is usually locating the decedent’s will. The executor will also need to obtain several certified copies of the death certificate in order to provide to financial institutions, insurance companies, and certain government agencies.

The executor is also responsible for notifying all creditors, as well as anyone who is named as an heir in the will. He or she is also tasked with coming up with a complete inventory of all of the estate’s assets, debt, income, and expenses.

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 Posted on December 10, 2021 in Criminal Defense

Drunk driving convictions can lead to significant consequences – both criminally and personally. The criminal penalties associated with drunk driving increase if the defendant has previously been convicted of operating a vehicle under the influence (OVI). First-time OVI offenders in Ohio are subject to fines of up to $1,075, a maximum driver’s license suspension period of three years, and three days to six months in jail.

If someone receives a second OVI within ten years of the first OVI, he or she may face penalties including fines up to $1,625, a maximum seven-year driver’s license suspension, and ten days to six months in jail. The driver may also be required to complete alcohol addiction treatment. The penalties are harsher if the driver’s blood alcohol limit was above 0.17 percent. If you have been charged with a second or subsequent OVI charge, it is important to start building a strong defense.

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 Posted on November 12, 2021 in Estate Planning

A crucial part of the estate planning process involves the management of money and assets to ensure that a person will be able to provide for both themselves and their family members. Trusts can be one of the most useful tools for doing so. Assets that are held in a trust will be owned by the trust itself, and a trustee will manage the trust and distribute the assets according to specific instructions. Passing assets to beneficiaries through a trust can often be done much more quickly, efficiently, and privately than by leaving property to loved ones in a will. There are multiple types of trusts available, and understanding the best ways to use these tools can ensure that a person’s and family’s needs will be met.

Common Types of Trusts

• Revocable living trusts - With these trusts, the settlor who creates the trust will be able to change the terms of the trust if need be, and they may also act as the trustee, ensuring that the assets will be managed and distributed correctly. The settlor may also be a beneficiary, allowing them to make use of certain assets to meet their own needs while they are still alive, while ensuring that a successor trustee will distribute the remaining assets to other beneficiaries after their death.

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 Posted on October 13, 2021 in Divorce

During the divorce process, a couple will need to address ownership of multiple types of marital assets. The equitable division of marital property will provide both spouses with a fair share of the money and assets they acquired during their marriage. While the division of some types of assets may be straightforward, other types of property can present complications, and spouses may encounter contentious disputes as they address these issues. Family businesses are one type of asset that can sometimes be difficult to address, but by understanding their rights and options, spouses can make decisions that will provide them with the financial resources they need going forward.

Is a Business Considered Marital or Separate Property?

A family business will be part of the marital estate if it was founded or acquired while a couple was married. In these cases, business assets will need to be considered alongside other marital assets and debts. If a business was owned by one spouse before the couple was married, it will usually be considered separate property, and that spouse will be able to maintain sole ownership of business assets. However, a business owned by one spouse may become commingled with other marital property, such as if the couple invested marital funds in the business. A spouse will be able to maintain ownership of any business assets that can be traced back to separate property, but other business assets may need to be divided between the spouses.

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 Posted on September 07, 2021 in Criminal Defense

While a person can face serious penalties for any type of criminal charges, cases involving controlled substances will often lead to some of the most serious consequences. A conviction for drug possession can lead to large fines and a lengthy prison sentence, and a person may also face other consequences, such as probation and the requirement to receive substance abuse treatment and take regular drug tests. Those who have been accused of drug-related offenses can work with a criminal defense attorney to determine their best options for avoiding or minimizing their potential penalties.

Possession of Controlled Substances in Ohio

A person may be charged with drug possession if they are accused of knowingly obtaining, possessing, or using a controlled substance without legal authorization (such as a prescription for a medication). Controlled substances are grouped into five “schedules” based on whether drugs are considered to be dangerous and addictive and whether they have any accepted medical uses. Schedule I drugs are generally the most addictive substances, while drugs in Schedules II-V may be used for medical purposes in some situations.

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 Posted on July 06, 2021 in Divorce

Nearly everyone who goes through a divorce will have some concerns about their ability to provide for themselves once their marriage has been terminated. However, this can be an even larger worry if you are a stay-at-home parent. If you have chosen to put raising your children ahead of your career, this may have made you financially dependent on the income earned by your spouse, and depending on how long you have been out of the workforce, you may struggle to find and maintain employment following your divorce. In this type of situation, you will likely be wondering whether you can receive spousal support that will allow you to meet your needs and provide for your family.

Addressing Spousal Support in an Ohio Divorce

There is no guarantee that spousal support will be awarded to a spouse during the divorce process. These situations are handled on a case-by-case basis, so if you believe that you need financial support from your spouse, you will need to demonstrate that this support is needed and that your spouse has the ability to provide you with spousal support. When determining whether spousal support is appropriate, a judge will consider factors such as:

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 Posted on June 11, 2021 in Criminal Defense

Everyone should understand that driving while under the influence of alcohol or drugs is illegal. However, people sometimes make mistakes, and even if a person believes that it is safe for them to drive, they may be pulled over by a police officer and arrested on suspicion of drunk driving. For those who have never been in this situation, the thought of facing criminal charges can be very frightening, and they will want to understand the potential consequences they could face for a first-time DUI/OVI conviction.

First-Time DUI/OVI Penalties

While drunk driving is commonly referred to as driving under the influence or DUI, the state of Ohio uses the term OVI, which is an abbreviation for operating a vehicle under the influence. A person may be charged with OVI if a chemical test shows that they had a blood alcohol content of .08% or higher, and Ohio law also specifies the amounts of multiple other types of drugs that will cause a person to be legally intoxicated.

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 Posted on May 05, 2021 in Estate Planning

When a person dies, the executor or administrator of their estate will file their last will and testament in probate court. During this process, the executor or administrator will oversee the deceased person’s final affairs, including performing an inventory of their property and assets, making payments to creditors, and distributing their assets to the beneficiaries named in their will. In some cases, disputes may arise among the deceased person’s beneficiaries regarding the distribution of assets. However, a will can only be contested in certain cases, and the parties in these types of disputes will need to work with an attorney to address the validity of their loved one’s will.

Grounds for Contesting a Will

Disagreements between a person’s heirs may arise when a person believes that they should receive certain assets or because they do not believe that the will accurately reflected the testator’s wishes (the person who created the will). If a person wishes to contest a will, they must do so within three months after being notified that the will has been filed in probate court. A will may be contested based on:

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 Posted on March 31, 2021 in Divorce

When you and your spouse got married, you joined your lives personally and financially. Separating your lives through divorce also involves separating your finances. The division of assets and debts is often one of the most consequential aspects of the divorce process. The fewer assets and liabilities a couple has, the simpler this process typically is. Complex assets and investments or a high net worth will greatly complicate asset division during a divorce. If you have a complicated financial situation and you plan to end your marriage, working with a skilled divorce lawyer is highly recommended.

Marital and Separate Property that Has Been Commingled  

Ohio is an “equitable division” state, which means that marital property is divided fairly between the spouses based on factors including each spouse’s property, debts, and earning potential, the duration of the marriage, and tax consequences. Only property contained within the marital estate is divided by Ohio courts in a divorce. Property that is classified as “separate property” is assigned to the spouse who originally owned the asset. Marital property is the property that was acquired during the marriage. Separate property includes property acquired before the marriage, inheritance, passive income from separate property, and property acquired after a legal separation.

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