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.

WANT TO AVOID HAVING A GUARDIAN APPOINTED BY A PROBATE COURT FOR YOU IN THE FUTURE?

A guardian may be appointed for you by a County Probate Court in the event you are determined by the Probate Court to be incompetent. This typically requires a written opinion from an expert (i.e., a medical doctor) and a determination by a Probate Court Magistrate or Judge that you are incompetent and are unable to take care of your financial and health care decisions.

In order to avoid having a guardian appointed for you, the best prevention is to obtain a durable power of attorney for both your financial/business interests and needs, and for health care decisions.

Many times, our office is contacted by children who wish to obtain a power of attorney for their parent, but it is too late. The parent may already be treating for some mental health issue such as dementia or Alzheimer's disease. At that point, the parent is unable to sign any legal documents, including a power of attorney.

While you are healthy and competent, consult with your attorney about having power of attorney prepared for you to avoid the expensive and time-consuming process to have a guardian appointed for you in the future.

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.

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: B&G Law; 03 May 2021; 03 May 2021

BE KIND TO LAWYERS DAY!

Today is “Be Kind to Lawyers Day”.

Lawyers are essential to the workings of society and the justice system. “Be Kind to Lawyers Day” encourages people to be kind to all those who practice law and make sure that the legal system in this county works smoothly. Even though the legal profession is one of the oldest professions, lawyers have been subject of jokes and are viewed as a necessary evil by the public.

“Be Kind to Lawyers Day” attempts to dispel this myth and raises awareness about the constructive and important role lawyers play in ensuring that a society functions smoothly. It always helps to have a lawyer on your side!

Provided by the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

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: B&G Law; 13 April 2021; 13 April 2021

PARENTAL ALIENATION.

Issues with Parental Alienation?

Are you involved in a situation where the parent of your children is trying to alienate the children from you? See the following link which provides more information related to this issue: More Information About Parental Alienation

If you are involved in this type of situation, please call one of our attorneys at Bailey & Gunderson for guidance and assistance related to this issue. There may be options available to you to help resolve this issue.

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: B&G Law; 26 March 2021; 26 March 2021

CAN A JUDGMENT LIEN BE REMOVED FROM YOUR REAL ESTATE?

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.

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: B&G Law; 08 March 2021; 08 March 2021

COMING TO GRIPS WITH FINANCIAL REALITY IN A DIVORCE.

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.

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