attorneys400

We're Here to Help

Legal Information in plain English

Sign

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. 

A judgment lien is a recorded instrument impacting the title for your real estate. A judgment lien may prevent you from selling your real estate or refinancing your mortgage.

A judgment lien occurs when a creditor sues and obtains a judgment against you. The creditor will then record a judgment lien in the county where your real estate is located.

Can the judgment lien the removed? It can be if you and the creditor agree to terms for removing the judgment lien against your real estate. That agreement typically involves you paying to the creditor a lump sum of money.

Another option to remove a judgment lien is by filing for Chapter 7 or Chapter 13 bankruptcy. If the equity in your real estate (the value of your real estate minus the amount owed for any mortgages) is encumbered by the judgment lien under the exemption laws of the state of your residence, a bankruptcy judge may issue an order that the judgment lien be removed or "avoided”.

The removal of a judgment lien in a bankruptcy can be achieved under specific circumstances with the help of an attorney. If you have a judgment lien against your real estate and other debt, consult with an attorney about your options.

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.

 

Judgment Lien A

We find that many times clients in a divorce action wish to maintain the same lifestyle they practiced prior to the divorce action. In a great majority of cases, that is not possible. Clients fail to realize that they are going from one household to two households, but the incomes of the parties remain the same.

An important consideration is that your monthly expenses will increase. This issue is helped somewhat in the lower income earning spouse by an award of spousal support. However, we advise clients not to focus so much on their prior lifestyle at the expense of their future financial security. It's wise to re-evaluate your goals and financial needs before and during a divorce action.

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.

 

Divorce and Expenses C

Did you know that a surviving spouse is entitled to have the titles for an unlimited number of automobiles transferred to him or her from their deceased spouse without going through the probate process as long as the combined value of the automobiles is no greater than $65,000.00?

Call our attorneys at Bailey & Gunderson Co., L.P.A. at 631-0022 to learn how to transfer the auto titles to the surviving spouse without having to go through the probate process.

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.

 

Auto Picture A

A guardianship is a legal relationship ordered by a Probate Court where one person has the legal authority and duty to care for another's person or property due to the other person's minority, incapacity, or disability. The person who is incapacitated, disabled, or a minor is called the "ward." The person who is appointed by the Probate Court to be responsible for the ward's person or property is called the "guardian."

A guardianship for an adult can be avoided most times if the adult who is incompetent or incapacitated executed a Durable Power of Attorney and a Durable Power of Attorney for Health Care prior to the person becoming incompetent or incapacitated.

We can assist you or a relative with obtaining a Durable Power of Attorney and a Durable Power of Attorney for Health Care.

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.

Guardianship A

Many times, parties who are divorcing to do not take into consideration hidden tax obligations.

For example, a spouse may wish to purchase a home after the divorce or dissolution of marriage is final and intends to use the sale of investments, such as stocks or bonds, for the funds to purchase a home. The spouse may not realize that the sale of the investments may cause a tax obligation for them.

The tax consequences of an award of an asset to a spouse should be taken into consideration when equitably dividing the assets between the spouses. It is also important to consider the “intent” of the disposition of those assets by the spouses.

It’s always best to consult with a CPA or other income tax expert when considering these issues. Your family law attorney can help guide you through this process.

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.

 

Taxes and Divorce A