Joseph E. Balmer, Author at Ohio Family Law Blog

Blast From The Past: Providing for a Pet in an Ohio Estate Plan

Pet Trust Option Could Provide Care For Your Pet After One’s Death

PUBLISHERS UPDATE: Here is one of my favorites posts about Pet Trusts, from back on April 30th, 2022! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Pet Trust Allows For Care Of Pet After Owner’s Death

When creating an estate plan, one indicates who should receive the remaining assets of the individual at the time of one’s death. However, at the time of death, what happens to one’s pets? Although most of us view our pets as beloved members of the family, in the eyes of the law, pets are considered personal property. Therefore, pets can be bequeathed in a will or trust just like any other personal property. How does one ensure that one’s pets are properly cared for? A couple of options may be considered.

If you have someone in mind that you trust to care for your pet or pets, a pet trust is an available option. Ohio Revised Code section 5804.08 allows for pet trusts in our state. It states the during an individual’s … Read More... “Blast From The Past: Providing for a Pet in an Ohio Estate Plan”

Blast From The Past: What Happens in Ohio if I Lose My Will?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on September 24, 2022. Securing an experienced Estate Planning lawyer is EXTREMELY important! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool to find the help you are seekjng.

A Lost or Destroyed Will Can Be Submitted To Probate…Under Certain Circumstances

We strongly suggest that our clients protect all of their original estate planning documents by keeping them in a fireproof container. This includes their Last Will and testament. However, what happens if a will is somehow lost or destroyed?

A lost, spoiled or destroyed will can be admitted to probate under certain circumstances. The question becomes did the testator intentionally destroy the will, which makes it null and void or was it unintentionally lost or destroyed which makes it still valid. The law in Ohio used to be that if a will could not be found, the assumption was that it was intentionally destroyed as a way of revoking it. This assumption no longer exists.

Keep your Original Estate Planning Documents in a Safe Place

Upon applying to admit a lost or … Read More... “Blast From The Past: What Happens in Ohio if I Lose My Will?”

Beware of the “Grandparent Scam” Hitting in Our Community!

Half a million American seniors were victims of fraud due to a Grandparent Scam

The “Grandparent Scam” is not something new, however lately it has been getting a lot of media coverage both nationally and locally. Montgomery County Sheriff, Rob Streck recently commented on the increase of scam reportings by the elderly. In a recent interview Streck expressed the need for the community to be very cautious and aware of these scams targeted towards the elderly. “The emotional manipulation involved in these scams is truly troubling. We urge residents to be vigilant and verify the authenticity of such calls before taking any action and to report any suspicious activity to local law enforcement.” According to the Federal Trade Commission, “In 2022, nearly half a million American seniors were victims of fraud, losing $1,000-$1,800 on average”.

What exactly is the Grandparent Scam?

Typically, an elderly person is contacted, usually by phone, by a scammer posing as a grandchild in danger. They will try to convince the victim that they are in great danger and that they need their help in the way of money. Some of the common emergencies are that they were arrested and will be going to … Read More... “Beware of the “Grandparent Scam” Hitting in Our Community!”

LEGAL ALERT – Beware of Deed fraud!

Don’t Get Scammed Over the Holidays – Use Common Sense to Protect Against Losing Your Home!

You may have heard on the news or read in the paper recently of a rise in deed fraud. Deed fraud occurs when someone fraudulently transfers ownership of someone else’s real property into the fraudster’s name without the owner’s consent. In a recent Dayton Daily News article, the Montgomery County recorder estimated that what used to be one or two complaint per month has increased to two to three complaints per week.

An ownership transfer occurs when a deed is signed by the owner, notarized by a notary and recorded. A fraudster can easily obtain the necessary information to prepare a deed, forge the owner’s signature and get a negligent or complicit notary to notarize the signature. This is the most common form of deed fraud. The second form is when the crook deceives the owner and convinces him or her to sign a deed by promising to pay overdue property taxes or refinance a mortgage.

If the property ownership is stolen, it can result in an unauthorized sale by the crook. It can also result in the crook taking out a … Read More... “LEGAL ALERT – Beware of Deed fraud!”

Is a Reverse Mortgage Right for You?

Why a reverse mortgage should be considered only as a last resort.

You may have read articles or seen television commercials touting the advantages of reverse mortgages. You may have even seen Tom Selleck, for those who watch Blue Bloods or remember Magnum PI, on your television asking whether a reverse a reverse mortgage is right for you. Although a reverse mortgage may be appropriate in certain situations, unless you are in dire need of cash or a monthly cash stream, I am generally not a proponent of a reverse mortgage. The reasons why will follow.

With a reverse mortgage, if you are at least 62 years old, you can borrow against the equity in your home to receive a lump sum of cash or a monthly amount. You don’t have to pay it back until you die or move out of your house. You still must stay current on you property taxes, insurance and any HOA fees. If you are in need of immediate cash or need to supplement your monthly income to pay your bills, this may be your only option. Also, if it means little to you what you leave at your death to your beneficiaries, this … Read More... “Is a Reverse Mortgage Right for You?”

August is National Make a Will Month

Simple Estate Planning Documents can make things easier for one’s loved ones upon Death or Incapacitation

August has been designated National Make a Will Month to encourage more people to make a last will and testament. Creating a will is a simple and easy process that allows you to clarify how your assets should be distributed upon your death. Despite that, over 40 percent of adults have no estate planning documents in place. For younger adults, this number is much higher. Also, many individuals who have estate planning documents fail to update them when life changes dictate that they should do so, such as when people die, children or grandchildren are born or minor children become adults.

Lack of a proper estate plan can be due to procrastination, lack of proper information or a desire not to want to contemplate or discuss one’s mortality. However, having some basic and simple estate planning documents prepared can help one achieve peace of mind, as well as making things much easier for one’s loved ones upon death or incapacitation. A simple will, general power of attorney, health care power of attorney and living will should satisfy the needs of most individuals. Estate planning … Read More... “August is National Make a Will Month”

“Scam Alert – Watch out!”

Military Consumers Suffer More Loses Financially From Fraud According To BBB Scam Tracker Report

Better Business Bureau Creates the “BBB Scam Tracker” For Businesses and Consumers To Report Both Successful and Attempted Acts of Fraud

Perhaps you have been getting emails, phone calls or texts either telling you to verify information or if you don’t your account will be suspended. Or maybe you have been asked by what appears to be a credible source that you need to be in contact with them in order to get your package delivered. Maybe you have been contacted by the “IRS” and “they” are informing you if you do not get in contact with them, you will be going to jail for non-payment. Or perhaps you receive a very official looking email with what appears to be the logo of a company you have used before, such as the Geek Squad or Amazon asking for you to update your financial information or risk having your account terminated.

Unfortunately, scams such as these are becoming all too common. So, who do you turn to if you think you are a victim or a potential victim of a scam? Your local Better Business Bureau is … Read More... ““Scam Alert – Watch out!””

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