Ohio Family Law Blog

ALERT: Our Law Firm is Going Paperless!

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Estate Planning Documents Due To Be Shredded At Our Law Firm

Unwanted Estate Planning Documents Will Be Destroyed In An Effort To Go Paperless. Please Contact Us To Retrieve Original Documents

Holzfaster, Cecil. McKnight & Mues is in the process of reducing the amount of files and paper stored at the firm. Therefore, as part of this process, we are shredding old files, some of which are 20+ years old!

Our primary focus now is reviewing all of our estate planning documents and files and returning the original documents to our clients for safekeeping. We are requesting that all clients who have asked us to hold their original estate planning documents to contact us. We want to make arrangements with clients to retrieve them, or authorize their destruction if they are outdated and newer documents have been executed.

What are estate planning documents? They include documents like your Last Will and Testament, Financial Power of Attorney, Power of Attorney for Health Care, Living Wills, and Trusts. If you had any of these documents prepared at HCM&M and asked us to retain the originals, we are asking … Read More... “ALERT: Our Law Firm is Going Paperless!”

Providing for a Pet in an Ohio Estate Plan

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

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 lifetime, he or she can set up a pet trust to provide for the care of a pet or pets and to terminate upon the death of the pet, or if more than … Read More... “Providing for a Pet in an Ohio Estate Plan”

New Study: Does Marrying After the Birth of a Child Affect Your Likelihood of Divorce?

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Entering marriage without children results in positive marital outcomes according to study

Divorce Study Reveals Surprsing Data on Couples who had a Child Before Getting Married

There is one factor that seems to stand out in divorce cases; in fact, it makes it twice as likelythat a married couple might choose to call it quits. That factor? Couples who had a child before getting married.

A study conducted in 2020 and published by the Journal of Family Psychology found that couples with who had a child prior to marriage got divorced at a rate of 19.1%, as compared to those who entered marriage without a child (9.5%). That’s almost double the rate of divorces!

With both marriage rates and divorce rates down, and with more couples in the United States entering marriages with a child together already, researchers with the American Psychology Association wanted to see how those relationships fared against newlyweds without children in the mix.

“Among couples who entered marriage with a shared biological child (premarital parents), satisfaction levels were lower and communication was less effective, less positive, and more negative than couples entering … Read More... “New Study: Does Marrying After the Birth of a Child Affect Your Likelihood of Divorce?”

Blast From The Past: Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]

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Should Divorce Lawyers Engage In Mental Health?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on May 11, 2019! 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!

Divorce Lawyers Should Not Assist Clients With Mental Health Issues Says NYC Attorney

A well respected New York City divorce lawyer by the name of Val Kleyman recently sent out a newswire to divorce lawyers warning them “to be careful not to cross over into the role of personal therapist for clients. This is a common problem that does not get enough attention” Attorney Kleyman said. He added, “helping someone deal with their emotions, feelings and mental health is a very serious undertaking and must only be done by professionals who are trained and experienced doing this.”

While I agree with most of that, here is the point he made that hit me hard. “Divorce lawyers are the love undertakers. Unlike marriage counselors and therapists whose job it is to save relationships and … Read More... “Blast From The Past: Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]”

Know Your Ohio Health Care Directives

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The 3 Ohio Health Care Documents You Need To Know

When it comes to health care directives in the state of Ohio, there are a few different documents that sometimes work together and sometimes supersede the others. It is important to be aware of these documents and understand the distinctions between them. In Ohio, the documents to be familiar with are as follow:

Durable power of attorney for health care;
Living will; and
A do not resuscitate order (DNR).

DURABLE POA FOR HEALTH CARE

A durable power of attorney for health care authorizes another individual as your attorney in fact to make health care decisions for you at any time that you are not able to make informed health care decisions for yourself. They are to make decisions consistent with those wishes previously made by you and known to them. In a durable power of attorney for health care, you can grant them permission to consent to the issuance of a DNR order by your physician, precluding cardiopulmonary resuscitation (CPR).

LIVING WILL

A health care power of attorney is superceded by a living will… Read More... “Know Your Ohio Health Care Directives”

LEGAL ALERT: New Ohio Child Welfare Reforms

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Death of 10-year-old Takoda Collins Spurs Reform Of Existing Ohio Child Welfare Laws

Ohio Governor DeWine Signs Ohio House 4 Bill Into Law; New Law Intends to Protect Abused Children From Gaps In The Child Services System

New legislation aimed to reform existing child welfare laws in the state of Ohio was signed into law by Governor Mike DeWine at the end of February. These reforms intend to protect abused children from gaps that existed in the system that was designed to help them; gaps like the ones in Takoda Collins’s case.

“Takoda’s case is one that fell through the cracks and in Ohio we don’t want a tragedy like this to ever happen again,” said state Rep. Phil Plummer R-Butler Twp. to Dayton Daily News.

Takoda Collins was a 10-year old boy from Dayton, OH who died in 2019 after suffering extreme abuse from his father for years. His father, Al-Mutahan McLean, contacted authorities in December of 2019 when his son was unresponsive, and Takoda Collins later died at Dayton’s Children Hospital. An investigation into his death had revealed a long history of torture by his … Read More... “LEGAL ALERT: New Ohio Child Welfare Reforms”

How To Survive A Bad Marriage Without Divorce

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Tips to Help Deal with the Emotional Disconnect of a Bad Marriage

PUBLISHER’S NOTE: I always try to thoroughly explore options with clients considering a divorce, such as marital counseling, trial seperations, mediation etc. Divorce should NEVER be entered into lightly! I think Dr. Karen Finn article below is an excellent one! She clearly lays out tips to deal with an emotional disconnect.

Will a Mini Separation Help a Bad Marriage and Prevent Divorce?

Pre-marriage 101 may give you a hefty toolkit for building a healthy marriage from the outset. Do everything correctly, and you won’t be wondering how to survive a bad marriage. Without divorce as an option, however, every couple needs to learn skills for sticking it out when the relationship loses its luster.

There are times and circumstances that warrant the end of a marriage. No one should resolve to tough things out when there is abuse, for example – whether physical, verbal, emotional, or sexual. Safety is a non-negotiable.

(*If you or someone in your home is a victim of domestic abuse, please do not wait to get help. Call the National … Read More... “How To Survive A Bad Marriage Without Divorce”

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