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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. 

We are often asked at what age a child can decide which parent the child wants to live with in a child custody dispute.

There is a misconception that once a child turns the age of 14 (or some similar age), the child’s choice controls the outcome. This is not correct under Ohio child custody laws.

Ohio child custody laws provide that the wishes of the child are to be considered by the Court when making a child custody order, however, the child's wishes are not determinative. There are approximately ten (10) different factors that a Court must consider in allocating the parenting rights in a child custody dispute.

Essentially, the child’s decision controls upon the child attaining the age of 18, when the child becomes an adult.

For further questions regarding this issue, please call Bailey & Gunderson Co., L.P.A. at 631-0022, with offices in Norwood, Western Hills and Anderson Township.

 

Child Custody A

Recent changes to the laws in Ohio regarding name changes have made the process to have a name change simpler.

For example, the Probate Court (which is the court that considers applications for name changes) can decide whether or not a hearing is necessary. Before the new law, a hearing was always necessary for an application for a name change with notice of the hearing to be published in a local newspaper before the hearing date.

In addition, the new law permits the Probate Court to issuing an order for a name change for persons who have always used a particular name, but have discovered their name is different on an official record, such as a birth certificate.

The new Ohio name change laws apply to both adults and minors.

This insight into the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

Name Change A 

 

The Ohio State Bar Association has provided an informational video and list of guidelines to follow if you are stopped by a police officer. The video link is as follows: https://youtu.be/9mpqCHU0ZQ0 . You can also obtain more information about police stops on https://www.ohiobar.org/my-ohio-rights/ .

Disclaimer: This is for informational purposes only and is not intended to be legal advice. Always consult with an attorney after a police stop if you have been charged with a crime or traffic violation.

This insight into the law is provided by the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

 

Police Stop

Recently, a client consulted with our office for assistance to administer the estate of her late sister. The client’s sister had prepared a Last Will & Testament herself without the assistance of an attorney.

Upon examination of the sister’s Last Will & Testament, it was discovered that the sister’s Last Will & Testament was not properly executed pursuant to Ohio law. Specifically, the client’s sister signed her Last Will & Testament before a notary public. A notarization of the sister’s signature on her Last Will & Testament did not create a valid Last Will & Testament.

Ohio law required that the sister sign her Last Will & Testament in the presence of two (2) witnesses, who must also sign as witnesses to the sister’s execution of her Last Will & Testament in the presence of each other. By the sister’s failure to execute her Last Will & Testament in the presence of two (2) witnesses, the sister’s Last Will & Testament was invalid.

That’s not the end of the story. The client's sister had made provisions in her Last Will & Testament to leave her estate to the client and the client's husband for their assistance, both personally and financially, to the sister provided for a number of years. Unfortunately, due to the fact that the sister’s Last Will & Testament was invalid, the sister’s estate must now be distributed among all of the sister’s siblings. Therefore, the sister’s goal to provide for the client and the client’s husband will be unsatisfied.

The moral of this story is that the wishes of the client’s sister could have been satisfied by the sister consulting with an attorney and having a Last Will & Testament prepared and executed in the correct manner required by law. The expense the client’s sister would have incurred for attorney fees to have a Last Will & Testament properly prepared by an attorney would have been minimal compared to the additional expenses that shall be incurred to administer the sister’s estate with an invalid Last Will & Testament.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

Last Will Testament A

A dissolution of marriage may be the answer for you. A dissolution of marriage is a process to terminate a marriage “by agreement”. Prior to any filings with a court, the spouses can agree that each spouse shall retain his or her own assets even if the division of assets is not fair or equitable. The key to a dissolution of marriage is that both spouses reach an agreement regarding the division of their assets, which is committed to a signed, written agreement.

This is contrasted with a divorce where a Domestic Relations Court Judge is required to allocate the “marital” assets equally between the parties. Marital assets are those assets acquired by the parties “during the marriage”. A divorce is necessary when the spouse cannot reach an agreement regarding the division of their assets making a dissolution of marriage not possible.

Find out how a dissolution of marriage may be advantageous to you by contacting us at Bailey & Gunderson, Attorneys-at-Law, at (513) 631-0022 with offices in Norwood, Western Hills and Anderson Township.

 Dissolution of Marriage B

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