Baily & Gunderson

Various Blogs regarding Cincinnati Family Law, Estate Planning And Bankruptcy.

At Bailey & Gunderson, our attorneys help people going through some of life's most difficult challenges. We bring our experience, skill and creativity to every case, taking on all types of Family Law including Divorce, Bankruptcy, Probate and Estate Planning issues. Learning that most people ask the same questions - this blog is our way of providing some general legal information. Feel free to contact our Cincinnati Law Offices to discuss your specific situation.

YOUR ESTATE PLANNING CHECKLIST.

Clients often ask us what are some documents I need to gather and issues to consider as I plan for my death to make sure there is a smooth transition of my assets to my beneficiaries and for the administration of my estate.

Here are some suggestions of the things you need to have documented to ensure your affairs are in order for the administration of your estate after your death, and that your final wishes honored.

1. • Last Will and Testament or Trust
2. • Executor of Your Estate
3. • Beneficiaries of Your Estate
4. • Guardians for Minor Children
5. • Beneficiary Designations
i. 401Ks/IRAs
ii. Bank Accounts
iii. Life Insurance Policies
iv. Pensions
v. Stocks/Investments
vi. Other financial accounts
6. • Healthcare Directives (including end-of-life care instructions)
7. • Power of Attorney
8. • Proof of Identity
i. Social Security card
ii. Driver's license
iii. Birth certificate
iv. Marriage license
v. Divorce decree
vi. Passport
9. • Homeownership
i. Title
ii. Property deeds
iii. Mortgage papers
10. • Funeral Plan (service wishes, cremation and burial preferences, etc.)

Keep your original documents in a secure place at home or with a lawyer or trust company. Keep a copy of all documents in a fire proof safe at home or in a safety deposit box.

BE SURE TO TELL YOU CHILDREN AND AGENTS THAT YOU HAVE THESE DOCUMENTS AND WHERE TO FIND THEM. DO NOT KEEP IT A SECRET!

The attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills at 513-631-0022, can answer your questions about your estate planning.

Estate Planning C

: B&G Law; 12 April 2026; 12 April 2026

DURABLE POWER OF ATTORNEY FOR HEALTHCARE.

The best way to designate an agent for you to make healthcare decisions if you are unable to do so due to physical or mental infirmities is to appoint an agent pursuant to a durable power of attorney for healthcare. It is recommended to appoint at least two to three agents in an order of preference in your durable power of attorney for healthcare.

You can also nominate in your durable power of attorney for healthcare person(s) who you wish to be guardian for your person and/or estate if it becomes necessary to have a guardian appointed for you due to conflicts among family members. The hope is that with the durable power of attorney for healthcare, a guardianship will not be necessary, but you can make those nominations just in case.

The attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills at 513-631-0022, can answer your questions about durable powers of attorney for healthcare, and any other planning documents that you have interests in obtaining.

Healthcare POA

: B&G Law; 10 March 2026; 10 March 2026

CAN A BANKRUPTCY HELP YOU WITH DEBT RELIEF?

Are you having debt and financial trouble? We can help.

A Chapter 7 or Chapter 13 Bankruptcy may be the solution for your debt and financial problems. Please contact us for your free initial consultation with our bankruptcy attorneys.

Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: 513-631-0022.

Bankruptcy I

: B&G Law; 25 February 2026; 25 February 2026

FACTORS CONSIDERED BY OHIO COURTS IN DETERMINING CHILD CUSTODY CASES.

Ohio courts are obligated by law to consider multiple factors in determining the outcome of a child custody case, with the overriding consideration to be a determination of what is in the “best interest” of the child.

Some of the factors that an Ohio court must consider are outlined as follows:
1. The parents’ wishes.
2. The child’s wishes.
3. The child’s relationships with his or her parents, siblings, and other persons that would be affected by a proposed custody order.
4. The child’s performance at school and adjustment to the community.
5. Physical and mental health of everyone close to the child.
6. Which parent will be more likely to foster a relationship with the other parent.
7. Whether the parent is current on child support obligations.
8. The parents’ criminal records.
9. Whether one parent has denied another parent the right to see the child.
10. Whether a parent is planning to move out of the state.

Additional factors are considered when determining whether or not shared parenting is in the child’s best interest including:
11. What the ability is of the parents to make joint decisions.
12. Whether each parent encourages a relationship between the child and the other parent.
13. Whether either party has been physically or mentally abusive toward a family member.
14. The geographic distance between the parents’ homes.
15. The recommendations by the child care professionals involved.

The attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills at 513-631-0022, can answer your questions about child custody cases, and these factors that Ohio courts must consider in determining the outcome of those cases.

Child Custody F

: B&G Law; 20 January 2026; 20 January 2026

AN EASY WAY TO TRANSFER THE TITLE FOR REAL ESTATE AFTER YOUR DEATH?

A Transfer-on-Death Designation Real Estate Affidavit provides for the transfer of the title for your real estate to one or more persons after your death without having to administer your real estate through the Probate Court.

The process is simple in that an affidavit is prepared designating your transfer-on-death designation beneficiaries to receive the title for your real estate after your death. The real estate affidavit is then recorded with the County Recorder in which the real estate is located.

A Transfer-on-Death Designation Real Estate Affidavit is not without any issues or complications. This type of real estate transfer affidavit may not be beneficial in all situations, and can lead to complications. Your attorney can advise you if a Transfer-on-Death Designation Real Estate Affidavit can be a beneficial part of your estate planning.

The attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills at 513-631-0022, can answer your questions about a Transfer-on-Death Designation Real Estate Affidavit.

Real Estate A