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.

WHAT HAPPENS TO PETS IN A DISSOLUTION OF MARRIAGE OR A DIVORCE?

A dissolution of marriage is a divorce by agreement. This means that the spouses have reached an agreement to resolve all of the issues related to the marriage. Therefore, the spouses will have reached an agreement regarding their pets. There may be an agreement that one spouse retains and cares for the pets, or that there is a sharing arrangement where the pets spend time with each former spouse. There may be an arrangement to share expenses for the pets.

However, in a divorce, pets are considered personal property like an automobile or furniture. Just like an automobile or furniture, a domestic relations judge shall award the pet to one spouse in most cases. The decision can be based upon many factors. For example, the judge will consider who adopted the pet? Which spouse takes the pet to the veterinarian? Which spouse cares for the pet on a daily basis? Which spouse takes the pet for walks (if the pet is a dog)?

The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this issue to you. If you should have any questions, please call us at 513-631-0022.

Pets A

: B&G Law; 13 September 2022; 13 September 2022

WHAT IS A REAFFIRMATION AGREEMENT IN A CHAPTER 7 BANKRUPTCY?

When you file for Chapter 7 bankruptcy, you may have a secured debt that you wish to retain or “reaffirm”. Common examples are real estate mortgages and automobile loans.

To promise to pay this type of debt in a Chapter 7 bankruptcy, you must sign a reaffirmation agreement with the creditor and file the reaffirmation agreement with the Bankruptcy Court. Such would allow you to retain your real estate and automobile.

You are not required to sign a reaffirmation agreement for a secured debt. In some instances, you may not wish to retain the real estate or automobile, and want to surrender it to the creditor. For example, your monthly mortgage payment may be too high, or your real estate requires major repairs. Another example would be an automobile that has too many mechanical issues that are too expensive to fix.

Considerations for signing a reaffirmation agreement include: It must be voluntary; you can demonstrate the ability to afford the payment pursuant to your monthly budget filed with the Bankruptcy Court; and reaffirming the debt is in your best interests.

Remember that if you reaffirm the debt and then fail to pay the debt, you still owe the debt even after receiving your Chapter 7 bankruptcy discharge. You should consult with your bankruptcy attorney regarding the pros and cons of signing a reaffirmation agreement for a secured debt.

A Chapter 7 bankruptcy may be the solution for your debt and financial problems. Please contact us for your free initial consultation with our bankruptcy attorneys from Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: 513-631-0022.

Reaffirmation Agreement

: B&G Law; 14 August 2022; 14 August 2022

WHAT ARE "DOWER" RIGHTS IN REAL ESTATE?

Ohio is one of the remaining states that allows a person to have “dower” rights in real estate owned by their spouse.

A dower right entitles a person to have a one-third (1/3) life estate interest in real estate owned by their spouse. A “life estate” is a right to have ownership or control of real estate for the remainder of that person's life in the event their spouse passes away owning real estate at their death. A one-third (1/3) life estate entitles the person or “surviving spouse” to one-third (1/3) of the ownership or profits from the real estate for the remainder of the surviving spouse's life.

A marriage automatically creates dower rights in real estate owned by a spouse. A prenuptial agreement most likely will not be effective in waiving dowers rights after marriage.

Dower rights terminate at death. Specifically, if a person passes away, that person's estate does not have right dower rights any longer. A divorce between spouses also extinguishes dower rights. A person may also release his/her dower rights voluntarily, and must be in writing to be valid.

When selling or purchasing real estate requiring financing, a release of dower from a spouse is mandatory if the other spouse owns or is purchasing real estate. Obtaining a written release of a spouse’s dower interest may delay the sale or purchase of real estate. For example, estranged spouses or spouses who are divorcing may refuse to sign a release of their dower interest thereby causing a delay or cancellation of the sale or purchase of the real estate.

Do you have any questions about dower rights in real estate? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this issue to you. If you should have any questions, please call us at 513-631-0022.

Dower Interest

: B&G Law; 28 July 2022; 28 July 2022

PARENTING CLASSES FOR DIVORCING PARENTS.

When parents have decided to end their marriage by either a dissolution of marriage or by a divorce, the children are the most important issue. We consistently advise our clients of the importance of the children and how to address the child related issues for divorcing parents.

Many of the local Domestic Relations Courts mandate that the parents attend a parenting education class. Among the purposes of the parenting education class is to teach the parents of the impact of the termination of the marriage upon children; how the parents should communicate with each other with regards to the children; what to say (or not to say) in front of the children; and how to address the children’s questions with them.

If you are considering a dissolution of marriage or a divorce, do you have any questions about the parenting issues? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain these issues and your options with you. If you should have any questions, please call us at 513-631-0022.

Parenting Class

: B&G Law; 06 July 2022; 06 July 2022

WHAT IS A DURABLE POWER OF ATTORNEY FOR HEALTHCARE?

1. A Durable Power of Attorney for Healthcare allows an agent that you have designated in writing to act on your behalf for medical decisions.

2. A Durable Power of Attorney for Healthcare does not go into effect until you become incapacitated and are unable to make healthcare decisions for yourself.

3. Many of our clients think that a Durable Power of Attorney for Healthcare is not necessary because their healthcare providers will typically consult with their spouse without a Durable Power of Attorney for Healthcare. Maybe so, but it is still recommended to complete a Durable Power of Attorney for Healthcare naming alternate agent(s) in the event your spouse is unavailable due to incapacity or death.

4. We generally recommend naming in a specific order two to three agents to assist you with healthcare decisions in your Durable Power of Attorney for Healthcare due to unforeseen incapacity or death issues related to the primary agent(s).

Need advice about a Durable Power of Attorney for Healthcare? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can help. If you should have any questions, please call us at 513-631-0022.

Medical Power of Attorney