Estate Planning for Second Marriages

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The Need For Proper Estate Planning In Second Marriages

Researched and written by Tammy Chavez, third year law student at the University Of Dayton School Of Law, and a former law Extern for our Firm.

Estate planning Plays A Crucial Role For Second Marriages

estate planning second marriagesNowadays, second marriages are not uncommon. In fact, 40% of all new marriages involve remarriages. Regardless of the reason for remarriage, estate planning is more important than ever for second marriages. Estate planning plays a crucial role for second marriages, in ensuring a person’s assets are distributed according to his/her wishes.

In order to relieve some of the confusion surrounding estate planning with second marriages, I had the opportunity to discuss this confusing topic with Holzfaster, Cecil, McKnight & Mues’ very own specialist in Estate Planning, Trust and Probate Law, Mr. Joseph Balmer.

In interviewing Mr. Balmer, he stated “three things that I always want to look at are: (1) are we looking to take care of the spouse during her lifetime while also preserving assets for the children of a prior marriage? (2) How do we need to title … Read More... “Estate Planning for Second Marriages”

In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!

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Parents Could Be Held Liable For Their Child’s Wrongdoing. A Look At 5 Areas Parental Responsibility Laws Regulate In Ohio

Parents Take Note – You Could Be Liable For The Actions of Your Children!

parents liable responsibility law

The answer to that question is “It depends on the facts”.  There are five (5) general areas that parental responsibility laws in Ohio regulate.

  1. PERSONAL INJURY BY ASSAULT: In Ohio, a parent can be sued civilly and held liable for the willful assault of their minor child if the force is likely to produce great bodily harm. This liability does not extend to accidental injuries. The parents liability is limited to $10,000, plus court costs. See O.R.C. Section 3109.09.
  2. PROPERTY DAMAGE & THEFT : A parent (or legal guardian) can be liable, just as in number 1 above, for up to $10,000, plus reimbursement of the claimant’s cost of taking the matter to court, if a minor in the parent’s custody willfully damages property belonging to another. This law focuses on property damage as well as theft. If the judgment arises out of a school incident, the court may by agreement order
… Read More... “In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!”

Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?

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Foster Child Sexual Abuse And Abolishing the Parental Immunity Doctrine

sexual abuse parental immunityRemoved from their biological parents, the children were placed in foster care. The court and all the professionals held out hope that the children would one day be reunified. Toward that end, under court order, unsupervised visits were gradually introduced. Unfortunately, those unsupervised visits were occasions for the biological father to molest his own children in plain sight of the mother.

Eventually, the children sought to sue their mother. May they? Aside from the practical aspect of the mother having insignificant assets, what is the legal answer? The mother was present when the children were being abused. She saw their plight in time to act so the children could avoid being harmed and she knew, or should have known, that a legal duty existed to protect them. In such a circumstance, when a child suffers an injury resulting from a parent’s failure to adequately protect, should there be an actionable tort against the biological parent?

Can A Minor Child Bring A Civil Lawsuit against his or her parent for personal injuries arising out of sexual abuse? Parental

… Read More... “Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?”

Equal Overnight Time With Dad Benefits Children of Divorced Parents

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Father-Child Relationship is Strengthened by Equal Overnight Time.

Parents Have Better Relationships With Their Children Under Equal Overnight Time

Equal Overnight TimeCouples with children who end up divorcing know that parenting time is often a source of contention. Historically, mothers were often awarded more time with the children, especially when it came to overnights.

However, new research may make these types of arrangements a thing of the past.

A recent study published in the American Psychological Association Journal Psychology, Public Policy and Law, Vol 23(1), Feb 2017, 68-84.that young children who spend equal overnight time with both divorced parents have better relationships with them in the future. Click here to read the study.

William V. Fabricius and Go Woon Suh surveyed students whose parents divorced or separated before they were 2 years old.

The results showed that the more equal overnight time the child spent with the parent at a young age, the better their relationship was as they got older. Researchers also found that spending the night was especially critical when the child was a toddler, as no number of overnights later-on could compensate for the bond established … Read More... “Equal Overnight Time With Dad Benefits Children of Divorced Parents”

Divorce: Tips to Consider About Technology & Social Media

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Divorce, Social Media and Technology. A whole new world.

Siri Is Listening! Technology And Social Media Can Impact Your Divorce!

divorce technology social media

In the modern technological era where we are constantly surrounded by social media and 24/7 communication, it should come as no surprise that the technology at your fingertips could have a very real impact on your divorce case.  Our firm has some tips for you to consider if you are contemplating going through a divorce proceedings in this techy society.

Divorce And Technology. Some Important Social Media Tips To Consider

  • First, remember to change passwords to all financial accounts, email accounts, and any other personal accounts that your former spouse should no longer be able to access freely without your permission. Even in the most amicable of divorces one miscommunication can lead to a very ugly court battle. A divorce means a physical and emotional split, so be sure that the separation extends to your technology as well. Change those passwords even if your spouse never had access to them in the first place. Better to be safe than sorry. Keep the new passwords in a location
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FRAUD ALERT: Avoid Tax Return Scams!

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Fraudulent tax return preparers are back!

tax credit fraudulent

Tips On How To Avoid Fraudulent Tax Preparers

With this being tax season, the Federal Justice Department urges the public to look out for and avoid fraudulent tax preparers who illegally swindle both their clients and the federal treasury.  Below are some tips that may seem obvious and others that may not seem so obvious.

  1. Look for a PTIN.  The IRS requires that all paid tax preparers register with the IRS and obtain a preparer tax identification number (PTIN).
  2. Never allow your refund to be deposited directly into a tax preparer’s bank account.  Courts have barred such a practice.
  3. Never sign a blank return or a return without fully reading it from beginning to end first.
  4. Never allow your tax preparer to mischaracterize expenses.  By this, I mean that you should never allow personal purchases to be wrongly characterized as deductible expenses.
  5. Never allow your tax preparer to fabricate expenses or deductions.  Some common ones are the educational credit, the child care credit or the earned income tax credit.
  6. eFile.  The eFiling method is considered the safest and most reliable.
… Read More... “FRAUD ALERT: Avoid Tax Return Scams!”

Reflections About My Impending Retirement From The Practice of Law…

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FROM EVERYONE AT HOLZFASTER, CECIL, McKNIGHT & MUES: Anne, throughout your legal practice you have always exemplified the highest standard of competence, professional and civility in in your dealings with clients, staff, Courts and other lawyers. We will ALL miss you as will the entire domestic relations bar! Please stay in touch as you transition into retirement!

anne shale retirementTo become organized and prepared to write this Ohio Family Blog Article, I spent some time reflecting upon my entire life and determined it would be more clear to the reader if I described the four (4) stages of my life. They are as follows:

Stage 1 – Growing Up and Being a Student:  The first stage of my life encompassed the ages of birth through graduation from college in 1967. I was a student during most years of Stage 1. I was very fortunate to be raised by an intact family. My parents loved and adored one another and they loved and cherished the four (4) of us. As a practicing attorney who specializes in domestic relations law, I can appreciate the gift that I was given by … Read More... “Reflections About My Impending Retirement From The Practice of Law…”

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