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 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

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

WHAT GROUNDS MUST YOU PROVE IN AN OHIO COURT TO BE GRANTED A DIVORCE FROM YOUR SPOUSE?

To obtain a divorce, you must prove to the Court a reason for the divorce. There are numerous reasons, if proven to the Court, that will permit the Court to grant the divorce and terminate the marriage. Grounds for divorce based upon “fault” include:

a. Gross neglect of duty.
b. Willful absence for more than one (1) year.
c. Extreme cruelty.
d. Fraudulent contact.
e. Either party had a husband or wife living at the time of the marriage from which the is sought.
f. Adultery.
g. The other spouse is imprisoned in a correctional facility at the time the divorce is filed.
h. Habitual drunkenness.

Other reasons for a divorce permitted by Ohio are living separately for one (1) year, without interruption or cohabitation, and incompatibility unless it is denied by the other spouse.

A divorce cannot be granted by the Court unless the testimony of the spouse seeking a divorce is supported by a witness.

Do you have any questions about the divorce process? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain your options to you. If you should have any questions, please call us at 513-631-0022.

Divorce A

: B&G Law; 24 May 2022; 24 May 2022

WHAT YOU NEED TO KNOW ABOUT A DURABLE POWER OF ATTORNEY.

1. The first thing to know about a durable power of attorney (POA) is that EVERYONE should have one.

2. A POA authorizes another person or persons (your agent or agents) to act on your behalf and take care of your financial and business matters.

3. A POA may be very broad allowing your agent to do anything you can do as if you were acting on your own behalf or, alternatively, can be limited in scope, such as authority only to sell your automobile.

4. A POA can go into effect immediately upon the signing of the POA before a notary public, or can be limited in the time it is effective (for example, for only 30 days).

5. Another alternative for the effective date of a POA is that a POA may only go into effect when the person granting the POA becomes incapacitated or incompetent.

6. A POA can be revoked by the person granting the POA at any time as long as that person is competent to revoke the POA.

7. A POA may avoid the necessity of a person applying for guardianship over you through the Probate Court.

8. A POA becomes invalid upon the death of the person granting the POA.

Need advice about a durable power of attorney? 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.

POA A