Why One Should Not Postpone Post-Divorce Estate Planning

Attorney Joseph E. Balmer is head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues and is one of only 17 attorneys in the Dayton, Ohio area to be certified specialist in estate planning and probate administration.

epwait.jpgMany individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he or she had no will.

Fortunately, under Ohio law, if one is divorced, unless the will specifies otherwise, one’s ex-spouse is deemed to have predeceased the individual; and thus, will not inherit … Read More... “Why One Should Not Postpone Post-Divorce Estate Planning”

You Get What You Pay For!

payfor.jpgGrowing up in a small and rural community in Southwestern Pennsylvania, I was truly fortunate to be reared by a hard-working Father and a loving “stay-at-home” Mother.  She taught the four of us so many things by example and by so many proverbs.  One of her favorites was “You get what you pay for!”  To her, that meant that you purchased fewer items of high quality personal goods or articles of clothing rather than more items of lesser quality or durability.

Today, as a practicing family law attorney in Dayton, Ohio, I have encountered and worked with more than a few clients who, while trying to save money on legal fees, truly did themselves a disservice with the end results obtained.  In this article, I shall set forth several actual scenarios and discuss the losses the clients sustained in trying to save money!

Scenario #1:  Wife set common sense aside and chose to believe Husband who promised he “would take care of her”!

With Wife’s faith in Husband’s honesty and integrity, she did not retain counsel, did not file an Answer, and did not attend the final divorce hearing in Greene County, Ohio.  On the day of the final hearing, … Read More... “You Get What You Pay For!”

Who Needs Cupid?

valen.jpgValentine’s Day is the start of the busy season for Dayton divorce lawyers.  Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund.  It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser, licensed family therapists from Abington, Pennsylvania:

Ignore the holiday

Think about Valentine’s Day like a holiday for a religion you do not celebrate.  Simply decide you are not participating in the activities typically associated with the day.

  • Do something special for yourself.
    Go to a spa, take a walk or try any other activity that nourishes you. Kayser said, “showing love and regard for yourself can make you feel stronger”. “You need to self nurture,” he said. “You’ve lost something so you need to take the time to grieve it and take care of yourself.”
  • Go out, but not where you typically find couples.
    A trip to the bookstore or coffee shop
Read More... “Who Needs Cupid?”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often find that many have obtained bad or erroneous information from family, friends or … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

Is Money Really the Root of all Evil?

Aaron Hill is a third year student at the University of Dayton School of Law, externing at Holzfaster, Cecil, McKnight & Mues.

moneyroot.jpgHave you discussed with your significant other how the household finances will be managed? This is an often overlooked question that newlyweds fail to discuss. Among other reasons, “money problems” are cited as one of the leading reasons for divorce. It is, therefore, paramount for couples to share a similar outlook on money matters before they get married.

Communication and Compromise are the Key

Communication and compromise are the keys to any successful relationship. Couples who discuss what their financial goals and responsibilities are before they get married are starting their marriage on the right foot. It is crucial for the couples to sit down and communicate both long and short term goals. Short term goals include who is going to be responsible for paying the bills, handling the investments, or whether to establish joint banking accounts. Long term goals can include having children and how many, when to retire, and what kind of lifestyle to lead. When couples communicate these long and short term goals, their relationship is much more likely to succeed. When couples do not … Read More... “Is Money Really the Root of all Evil?”

New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance

While not directly on the topic of family law per se, Attorney Joe Balmer, head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues, has written an important article on Medicaid planning that warrants reading.

longterm.jpgThanks to Ohio’s Long-term Care Partnership Program, which became effective in September of 2007, it is now possible to protect more of one’s assets from Medicaid spend down through the use of certain long-term health insurance policies. However, certain criteria must be followed and it is important to purchase any such policy from an experienced long-term health care insurance professional.

Long-term health care services include help with activities of daily living, home health care, respite care, hospice care, adult day care, nursing home care and assisted living facility care. Neither Medicare nor most traditional health care insurance plans cover most costs of long-term care.  Statistics show that the current life expectancy of a 65 year old is 18 additional years and in 2005, 5 percent of all people 65 years or older resided in a nursing home.  Therefore, if affordable, long-term, health care insurance should be a consideration in anyone’s estate planning. Due to Ohio’s Long-term Care Partnership Program, additional consideration … Read More... “New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance”

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