Click the area for more information on that specific area.
- Wills
- Trusts
- Estate Planning
- Guardianships
- Decendents’ Estates
- Probate
- Medicaid & Nursing Home Planning
- Civil Litigation
- Business Law
- Personal Injury
- Products Liability
- Criminal Law
- Domestic Relations
- Juvenile Law
Wills
A will permits a person to direct who receives their wealth and possessions when they die. It also permits a person to appoint the Executor in charge of the process and a Guardian to care for young children. A will is an essential part of the estate planning process. If a person dies without a will, then state statutes determine who receives a person’s possessions. Because the state’s selection of beneficiaries may not match what a person desired, it is important to leave a will so the decedent makes certain that he controls the determination of his beneficiaries. Typically, our office can assist a person in getting a will within a few days, but in emergencies we oftentimes draft the instrument, and travel to the nursing home or hospital, to have it signed the same day the client calls us. We have set fees for basic wills. If the will is part of a plan involving trusts, then the price is determined on an hourly basis.
Trusts
There are four main reasons to have a trust: 1) As part of an estate plan to reduce or eliminate federal estate taxes; 2) To empower a person, called a Trustee, to handle a person’s possessions and wealth; 3) To make wealth available, under terms selected by the trust creator, for beneficiaries who need help managing it; and 4) To make the probate process easier, especially if one owns real estate outside of his home state. Trusts are custom drafted instruments. They are the most sophisticated means to address one’s estate planning. If one needs a trust, then there is no substitute for one. If one does not need a trust, then it can be an expensive and unnecessary burden. Drafting a trust is a process that usually takes weeks, but in emergencies we can take much faster action. During the first consultation, we usually determine if a trust is appropriate and quote a price range for drafting the instrument.
Estate Planning
This is the process in which a person anticipates the effects caused by their death and puts in place the instruments to achieve, as much as possible, the results they desire. Every person, regardless of wealth level, needs an estate plan. The instruments that are essential in this process are the will, power of attorney for financial affairs, health care power of attorney, and the living will. Sometimes, a trust is appropriate, and if one shares ownership of a business, then a buy-sell agreement, which determines the terms upon which the other owners buy out the decedent’s interest, is usually a good idea. For persons that face significant federal estate taxes, then even more sophisticated planning, involving instruments like family limited partnerships, may be appropriate. During the first consultation, we explore the client’s needs and quote a price range for preparing the necessary instruments.
Guardianships
A Guardianship is a proceeding in which a person handles the affairs of a minor or incapacitated adult. For adults, this arises when the person can no longer handle their money or personal decisions. For persons younger than eighteen, a Guardianship may be necessary to sell real estate, but most often comes about when the child receives $10,000 or more, typically through an inheritance or from an insurance company. Guardianships involving money are called a “Guardianship of the estate,” while a Guardian who handles a person’s non-financial affairs is called a “Guardian of the person.” Probate Courts oversee Guardianships with much scrutiny, thereby making the proceedings complex and virtually assuring that an attorney must represent the Guardian. Our office has handled Guardianships for adults and minors in several counties in Ohio.
Decedents’ Estates
When a person dies owning property, then someone must take action to pay the decedent’s creditors and transfer the assets to the beneficiaries. This may or may not require proceedings in Probate Court, depending upon how the decedent owned his property. The decedent’s estate may or may not need an estate tax return, depending upon the identity of the beneficiaries and how much he owned at death. The beneficiaries of a decedent’s estate may or may not face an income tax consequence, depending upon what types of assets they inherit. Handling a decedent’s affairs well takes an attorney experienced in these matters. A skilled lawyer can minimize taxes, resolve disputes, deal with the creditors, and streamline the process. Our office has the experience to assist clients in sorting through all of these issues.
Probate
“Probate” is the term that usually refers to the process of handling a decedent’s affairs in Probate Court, but a Probate Court can be involved in other types of cases, too, such as Guardianships, name changes, wrongful death, testamentary trusts, and adoptions. Our office is experienced in all of these proceedings and stands ready to help with any of these matters.
Medicaid & Nursing Home Planning
This is our fastest growing practice area. With nursing homes costing $5000 a month or more, the expense can wipe out a lifetime’s savings in a hurry. Few people have insurance to cover the expense. If a nursing home stay is unavoidable and permanent, then most folks facing this situation wish to keep the wealth in their family as much as possible instead of paying it all to the nursing home. With careful planning, in many circumstances one can obtain Medicaid benefits to pay the cost of the care, yet preserve a significant amount of assets for the family. Mr. Lovett has spoken and written on these issues dozens of times to lawyers, nursing home administrators, and families. We have the experience to address the broad range of concerns posed in these cases, such as: What happens to the spouse remaining at home? What assets can be kept? What is the consequence of making gifts? How much can I give away? Who should make the gifts? Who cannot make gifts? How should all members of the family be treated? Who can be involved in the planning and who cannot participate? Can a trust be useful? What documents should we have? If gifts are made, then what are the tax consequences? If you or a loved one face a permanent nursing home stay, or you are considering assisted living, we can help you plan for these matters, and we may be able to help your family retain some of your hard earned dollars instead of spending it all for nursing home care. Call us for an initial consultation today.
Civil Litigation
Civil litigation generally includes all disputes that are formally submitted to a court, about any subject in which one party is claimed to have committed a wrong, but not a crime. Civil litigation takes many forms depending on the type of case, but in general, this is the legal process that most people think of when the word “lawsuit” is used. A typical lawsuit begins with filing a complaint in court; the other party gets notice of the complaint and an opportunity to answer; there may be opportunities for both parties to “discover” what each one intends to present as evidence at a trial; and a trial is then scheduled. How formal the trial is, and whether or not it uses a jury, depends on the type and the location of the case. If you have been wronged by another person, you may be able to bring a civil lawsuit against them. A knowledgeable attorney will be able to advise you about your legal rights and your potential for recovery.
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Business Law
The term “business law” refers to a broad range of legal practice. An experienced lawyer can provide helpful advice and assistance regarding the formation of business entities such as corporations and limited liability companies. A lawyer may also be helpful in negotiating contracts, leases and working through issues with state and local government. A working knowledge of Ohio’s version of the Uniform Commercial Code is essential to any attorney offering advice in this area.
Personal Injury
A person who has been injured because of the negligence of another may be entitled to compensation from that person and/or their insurance company. If you have been injured in an automobile, motorcycle, airplane or other type of accident, having an experienced attorney is important. An attorney can level the playing field with the insurance companies particularly when they know that if they do not offer to settle the case for what it is worth, they will be taken to court and a jury will decide.
Products Liability
Products liability law refers to claims against manufacturers and sellers of dangerous and defective products. A product may defective because of a flawed design or because of an error made during the manufacturing process. It may also be defective because of a failure of the seller or manufacturer to provide adequate warning labels or instructions to put the consumer on notice of a hidden danger associated with the product. Products liability law is complex. It takes a skilled and knowledgeable attorney to navigate a products liability claim to a successful resolution.
Criminal Law
Criminal law governs an individual’s relationship with the state and federal governments. The criminal defense attorney often makes the difference in the outcome of a case. If you have been charged with a crime, it is important to understand your rights and the criminal process, which includes: arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and post-trial remedies. A skilled attorney can guide you through this process.
Domestic Relations
Domestic relations law covers a broad range of topics, including: adoptions, child custody and visitation, child support, divorce, dissolution, juvenile dependency and delinquency, and others. The roll of a domestic relations attorney is to provide personal and caring attention to clients who are facing significant legal issues. Domestic relations law is a complex area that is always changing. It is important to have an attorney that is knowledgeable, experienced and willing to take the time to listen to you and understand your unique needs.
Juvenile Law
A “juvenile” is defined as a person who is not old enough to be held responsible for criminal acts. The main goal of the juvenile justice system is rehabilitation of minors rather than punishment. In Ohio, Juvenile divisions of the courts are branches of either Probate Courts or the Domestic Relations Division of the Court of Common Pleas. A child that has been accused of committing a juvenile offense needs an attorney who is experienced in litigating in juvenile court, which is very different from adult criminal proceedings.