Estate Planning: A Truly Sad Story, Prince – His Tragic Death and His Lack of Estate Planning

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Singer Prince Passing Proves The Importance Of Estate Planning Documents

estate planning ohio princeAs everyone knows by now, sadly, Prince unexpectedly passed away recently. In the days following his untimely death, questions began to arise as to whom would inherit his estate, which some have estimated to be worth between 300 and 500 million dollars. Surely he had a will, experts speculated. He had an army of attorneys working for him.

As it turns out, he apparently died with no estate planning documents in place. When asked how this happened, one of his many attorneys stated “Maybe he didn’t expect to die.” Unfortunately, this is the mindset that many of us have. We never would expect to die so soon.

Lack Of Estate Planning Documents Can Result In Repercussions For Surviving Family Members

Prince died leaving 1 full sister and 6 half siblings. Under Minnesota law, as under Ohio law, the 7 of them will share equally in his estate. Is this what he would have wanted? Possibly, but he was known to have given generously to charities, having developed a foundation and having already donated millions to … Read More... “Estate Planning: A Truly Sad Story, Prince – His Tragic Death and His Lack of Estate Planning”

Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?

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Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse

legal separation divorce

When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:

  • Divorce:  Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court.  The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
  • Dissolution:  Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto.  This proceeding is characterized as being “settled” at the time of filing.  A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage.  This proceeding is generally less expensive and less traumatic/emotional as all issues are “resolved” via the
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Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child

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When Do Informal Parenting Arrangements For Child Need Approval from the State?

Professor Dan Pollack contacted me several months ago requesting some input about this topic from the perspective of an Ohio family law attorney. Dan is an excellent writer and has posted articles as a guest Contributor to the Ohio Family Law Blog since 2009. I was pleased to see that my comments made it to his recent article published in Policy & Practice, 74 (2), 25, 28-29. Thanks Dan!  Keep up your quality scholarship and writing!

parenting arrangements child ohioIt is axiomatic that ideally it is best for children to be cared for by their parents. Yet, on an informal basis, thousands of children reside for extended periods of time with a caregiver who is not their parent. Often they are the child’s relatives, sometimes they are friends or acquaintances of the child’s family. This may be done to accommodate unique family dynamics, after-school or social activities, or for a variety of other reasons.  Such time-efficient and cost-effective parenting arrangements are accomplished without involving any lawyers or signing any legally binding documents. All things being equal, is there … Read More... “Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child”

Protection Order: Proving Domestic Violence in a Court of Law can be Difficult

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When Things That Go Bump In The Night Are Not Sufficient Evidence For A Domestic Violence Civil Protection Order

protection order domestic violenceA couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio.  Nothing too crazy, just packing and re-sodding the yard.  And an occasional beer or two in the morning hours while we worked.  Don’t judge.  We were on “vacation” and that whole time change thing was happening.  In any event, one morning we finished up our chores and were watching some television.  While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge.  Not wanting to pass up a great slasher movie, we started to watch it.  About fifteen minutes in it became more of a comedy than a slasher movie.  But back in the 1980s that movie was crazy scary!  Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on.  By now you have … Read More... “Protection Order: Proving Domestic Violence in a Court of Law can be Difficult”

Happy Marriage Must Include Positive Emotions

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Should Couples Use Positive Emotions to Avoid Relationship Dissatisfaction? Research Suggests That A Happy Marriage Involves How We Respond to Our Partner’s Good News

happy marriage emotionsA recent study claims that the key to a happy marriage may be simpler than we think.  According to Raluca Petrican, R. Shayna Rosenbaum and Cheryl Grady of the Rotman Research Institute, a happy marriage is comprised of partners who are especially sensitive to their spouse’s positive news and experiences.

It is well established that being there for our partner in their time of need is an important part of a healthy relationship. However, this research seems to indicate that overall relationship satisfaction depends just as much on how our partner reacts to good information that we share.

In their research, Petrican and her colleagues studied 14 women with an average age of 72, who had been married an average of 40 years.  To read their full report, click here. These women all completed a marriage questionnaire and then were asked to watch silent, 10 second videos while having their brains scanned.  These videos either depicted their spouse or a stranger displaying … Read More... “Happy Marriage Must Include Positive Emotions”

Tax Deduction: Divorce Legal Fees

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Are Your Legal Fees From your Divorce Tax Deductible? Tax Deduction Often Overlooked!

tax deduction divorceGenerally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce.  It does, however, offer deductions for any portions of those fees related to tax advice and alimony.

What Fees Can Be Considered Tax Deductable During A Divorce?

According to the IRS, legal fees that are specifically spent to collect spousal support can be included under “other expenses” with the itemized deductions listed on Schedule A of tax form 1040.  This write-off is also available for any proceeding in which a spouse is attempting to collect taxable spousal support, increase the amount of support, or collect any past due amount. It is important to note, however, that the IRS does not allow a deduction for the cost of trying to collect non-taxable income during divorce, such as overdue child support or temporary spousal support.  In addition, it does not allow for the deduction of any of your spouse’s legal fees that you may be ordered to pay.  What it does allow for is a … Read More... “Tax Deduction: Divorce Legal Fees”

3 steps to raising good losers

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good losers rameyFootball star Cam Newton got it all wrong when he declared “show me a good loser and I’ll show you a loser,” as an excuse for his rude behavior after his team’s defeat in the Super Bowl.

Teaching our kids how to deal with adversity, or be a good loser, is one of the important skills that they need to learn.

Good and bad stuff happens to us every day. It’s easy to enjoy life’s successes, but how we respond to life’s setbacks determines our happiness. Psychologists call this resiliency.

Every day I work with kids who have survived terrible situations. Some are victims of horrific sexual abuse, or live in severely dysfunctional families. Others are trying to grapple with the emotional turbulence of their parent’s divorce, or the death of a sibling.

Some of these emotional scars will resonate throughout their childhood and beyond. Other children figure out a way to put bad stuff in life’s rearview mirror and lead healthy and productive lives.

Can we teach resiliency at a young age to prepare kids to deal with life’s tough times? The experts say we can.… Read More... “3 steps to raising good losers”

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