Although it is true that ordinary real estate transactions do not require an attorney’s help, an attorney can help decrease your chances of being sued by an opposing party in the future. An example would be failure to disclose specific information.  Even if you have a real estate agent, the agent is not qualified to make judgments on legal issues regarding language in the purchase contract or your mortgage.

What Can a Lawyer Provide to You that a Real Estate Agent Cannot

An attorney who specializes in real estate law can review your purchase offer. Unlike a real estate agent, an attorney will be able to look over the complex contract and make sure it covers all necessary information to protect you. For example, an attorney can help implement clauses in the contract regarding home inspections. Another example is if you submit an offer and the seller counters the offer, the seller will revise the contact. Hiring an attorney to review these revisions will be beneficial. A lawyer will make sure the contract is complete, thorough, and executed properly.

Finally, as the process comes to an end, you will receive a deed to your new home proving your legal ownership. An attorney will help you figure out how to title your property. For example, if you are married, you may want to title your property as joint tenants with the right of survivorship. On the other hand, if you are buying a home with someone else, you may want to title the property in joint ownership as tenancy in common.

If you have questions regarding your purchase contract, how to title your property, or just want to make sure you are fully protected when buying or selling your home, call The Law Office of Charles H. McClenaghan at (614) 429-1053 to schedule an appointment!

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Here are common reasons to update your will:

• Your child(ren) reached the age of 18

• Newly added family members such as adoption or new births

• Spouse passes away

• There has been a marriage, divorce, or remarriage

• An increase or decrease in the value of your estate

• An acquisition of a significant asset

• Started a business

• Moved to a new state

• Want to make a charitable contribution

• The beneficiaries you have named are now deceased

• Change in guardian, trustees, executor, etc.

It is important to remember that the passage of time is reason enough. State laws change- such as tax laws- and can impact your estate planning documents. Have you updated your will and estate planning documents recently? Give us a call at (614) 429-1053 so we can help assist you in updating your estate planning!

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In your will you can designate a person, called a guardian, to care for your children if you die before they become 18 years of age. If you and your partner both die without a will, the state courts and social services department will appoint someone to raise your children. That person may have very different ideas about parenting than you do. If you die without a will, there’s no guarantee that your money will go to the people you want or that your children will be cared for by the person you believe will do the best job.

Below are some questions parents should consider when choosing a personal guardian:

• Does the prospective guardian share your moral beliefs?

• Does the prospective guardian have a sincere concern for your children’s welfare?

• Does he or she have the time?

• If you do not have enough assets to raise the children, can your prospective guardian afford to raise them up?

If you have a child under the age of 18, making a will and appointing a guardian will ensure your child will be raised the way you want them to be. Call us at (614) 429-1053 to learn more about how you can protect your children in the event of your death.

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If Tom dies holding sole title to the home that he and Mary lived in, and Mary still did not sign the document, dower rights would protect her. She would have the right to continue living in the home or could benefit financially from the sale of the property. This would apply to Tom’s beach house as well. Dower rights also protect the newly widow. If the deceased spouse had any debts, the property cannot be foreclosed or forced into sale while the widow is alive.

Dower rights can be terminated in three ways. Dower rights are terminated by divorce or dissolution of marriage, by death of the spouse, or by having the other spouse sign a document releasing their dower rights. Ohio holds a statute that bars dower rights if one spouse commits adultery.

Other states that still recognize dower rights are Arkansas, Kansas, Kentucky, Michigan, Missouri (called “Marital Rights”), New Jersey (only if property was owned by a married person prior to May 28, 1980), and North Carolina.

If you have questions regarding this or real estate in general, please give us a call at (614) 429-1053.

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Processing a loved one’s death can be very emotional and having to make decisions regarding what to do with their body can make the situation even more frustrating and upsetting. All of this gets magnified when these decisions must be made jointly by multiple people. What happens if they do not come to an agreement? Who decides?

Recently a father passed away without an estate plan and without instructions regarding what to do with his body. Survived by his three children, his oldest son was appointed as the executor of the estate. In this case, the executor made the decision to cremate their father’s body which then lead to more questions and decisions… Who would get his ashes? Where, if at all, would they be scattered? Now three people once again had to come to an agreement on what decisions to make. Although they were able to come to an agreement, the process was not easy.

It is a quick and easy process to create an estate plan and make all of these decisions in advance. It is important to consider your loved ones and not place them in a position where they have to guess what you would have wanted during this already challenging time. By planning your estate, you are helping your family save a lot of time, stress, and money. Do them and yourself a favor by creating an estate plan ahead of time.

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Another celebrity, James Dean, died unexpectedly at the age of 24 without a will. After the death of his mother at age 9, James Dean’s father sent James to live on a farm with his aunt and uncle across the country. It was well known that since then James and his father did not communicate often nor have a good relationship.  How do you think James Dean felt when his father (and ultimately his father’s relatives) inherited his assets as well as control of his name, likeness, and image? Millions of dollars are earned each year just by allowing James Dean’s face on collectables, memorabilia, and even on social media. In the eyes of law, it does not matter what James Dean would have wanted because we would never be able to truly know. It is the laws of the state he lived in that governed who received and controlled his legacy he created and earned, not James Dean’s wishes himself. By being the father of James, he received all his son’s assets even though people were aware of the relationship James had with him.

A more recent example that is complicated and seemingly an endless matter is with Prince. Prince could be setting the record for the most complex probate case in the history of Minnesota. In May 2017, a little over one year after Prince’s tragic death, a judge formally declared that Prince died without a will. The judge confirmed Prince’s sister, along with five half-siblings, to be the rightful heirs to his multimillion-dollar estate. Many other individuals, who claimed heirship, were rejected. One inmate in Colorado prison declared he was Prince’s son, but was ruled out through DNA testing. Another woman’s claim was rejected after she argued she was Prince’s wife, but the C.I.A. forced her to make their marriage confidential. There were several people claiming to be his secret wife, children, siblings, or other forms of relatives during the wake of his death. Some of the rejected claims are being filed for appeals.  The Carver district judge stated if the appellate courts send any claimants back to him, he would fully consider them once more. Because of the possibility of claimants winning their appeals, Prince’s estate is still under the court’s discretion to make sure that other potential rightful heirs are not harmed. There is no immediate indication of when these ongoing and complex legal battles will be settled. Currently, there is a proposed trial date for September 2018 for one of the ongoing disputes involving the estate.

In summary, if you don’t have a will then your loved ones may not receive the assets you wish to leave them. To ensure that your friends and loved ones receive the contents of your estate upon your passing, it is extremely important to make a will.  Need to create a will? Have any questions? Contact the law office of Charles H. McClenaghan, LLC at (614) 429-1053 to learn more about wills and how to make sure your will is properly executed.

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Creating a will gives a person, upon death, sole discretion over the distribution of their assets to ensure their final wishes are carried out like they intended. A will includes those who are inheriting the assets called the beneficiaries, and also who the descendant choses as the person that will manage and distribute the assets called the executor. Wills also can cover specific funeral arrangements. An important reason to create a will is that a will allows a person to choose a guardian to raise the descendant’s children while they are still minors. A will can also list the instructions for care of pets as well.

Unlike a will, a trust can take affect and distribute property before death, at death, or after death. Trusts requires a transfer of property. A trust includes a grantor, a trustee, and one or more beneficiaries. The grantor is the person who creates the trust while a trustee is the one who holds the assets on behalf of the beneficiaries. The beneficiaries are people who will benefit from the trust and receive the assets. Like a will, it can specify exactly how a person’s assets would be dispersed between the beneficiaries. Some trusts are irrevocable and require the person to give up control of their assets during their lifetime. Other trusts are revocable and allows the person to make changes to the trust at any time and keep control over their assets.

Unlike probate that becomes documented as a public record, a trust allows assets to pass outside of probate so the assets remain private. The probate process for a will can last up to several months before assets are distributed to the beneficiaries. The most common reason people choose to have a trust is that a trust can save time, court fees, and reduce estate taxes because trusts can pass outside of probate. Since trusts usually avoid probate, beneficiaries can gain access to these assets quicker than assets that are transferred using a will.

If you have any questions, contact us today at 614-429-1053!

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Tenants in Common is when there are two or more people that have common or equal right to possession and enjoyment of the property. Each tenant has the right to possession of the whole property. However, each owner holds a separate individual interest or estate in the property. For example, let’s say Tenant 1 and Tenant 2 own 25%, and Tenant 3 owns 50% of the property. Each party is entitled to sell his or her respective interest, dispose of it by will, or leave it in their will for an heir. However, unlike joint tenancy, Tenants 1,2 & 3 can sell their respective interest, dispose of it by will, devise, or convey his interest, or leave it in their will for an heir. However, they cannot do the previous actions with the entire property because they only own part of the property.

Joint tenancy is like a tenancy in common, but the difference is the joint tenants have the right of survivorship. A joint tenancy with the right of survivorship is very common between couples. The deed must explicitly express a joint tenancy, and the owners must be explicitly identified as joint tenants. Joint tenants also have equal ownership interests in the property. For example, if there are three tenants that each own one-third interest in the property and one of these tenants die, his or her interest immediately ceases to exist and the remaining tenants own the entire property. Another advantage of having joint tenancy with right of survivorship is that you can avoid the hassle of going through probate and the costs that can incur with it. All you need to do to transfer title and avoid court proceedings is file an affidavit and death certificate with the County Auditor and Recorder.

If you have any questions, want to change your ownership in your property, or would like us to look over your deed, please call us at (614) 429- 1053.

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The milestone also carries severe legal implications for you as parents as well. Unless your child formally agrees, certain information will be withheld from you. Examples are banking and credit information, grades, and medical records. Your access to medical information regarding your now adult child will be limited by HIPAA privacy rules, regardless if your child is still on your family’s medical insurance policy. Also, if your now adult child has his or her own bank account and your name is not on the account, you will no longer be able to access the account or bank information, even in emergencies. Your child won’t need your consent or formal driver’s training to obtain their driver’s license. They will be personally responsible for their own driving tickets and accidents, as well as the mandatory obligation to have proof of auto insurance.

Your child can get married, decide their own medical treatment, make a will, vote in government elections, sue and/or be sued, and enter into their own contracts such as getting a loan, buying a car, or renting an apartment. If entering into an apartment contract, remind your son or daughter it is a good idea to purchase renter’s insurance to cover their possessions and any liability. Let your child know that if they do not pay their rent on time, the landlord can only give them three days’ notice before seeking a court to evict them. Also, share with them that landlords must provide “fit and habitable” living conditions and to reach out to a local building inspector if the landlord allows conditions to become so bad they cannot live in the apartment. Tell your kids that although written contracts protect against dishonesty and poor memory, they should be careful to review the entire contract because the language may be confusing and favor the other party. Remind your child not to sign a contract until they are sure they understand it. If they do not keep their part of the bargain, they can get sued. Your son or daughter can also get sued for not paying their credit card charges. Make sure they understand the interest rates, payment amount, due dates, and service charges before signing loan papers. Turning 18 means your child is also responsible for serving on a jury if called, paying taxes on any earnings, facing any lawsuits or criminal charges as an adult, and if you are male, registering for the military draft.

While your child is at college, it is important to remind them of possible legal consequences for their behavior. Your child will be considered “disturbing the peace” if engaged in rowdy behavior, fighting, playing loud music, or creating unreasonably loud noise. Also keep in mind, hazing is any method of initiation into a student organization which is likely to cause physical harm or personal degradation. It is a crime punishable up to a $5,000 fine and jail time. Remind them that even on a college campus where other underaged adults might be doing it, it is a crime to alter any driver’s license or use someone else’s in any way for identification, including buying alcohol or trying to enter a bar. If your child is convicted of any drug or alcohol related offense and is under 21 years of age, his or her license can be suspended for one year, in addition to any penalty imposed for the conviction.

In summary, keep the lines of communication open with your children. Even though your child is now legally an “adult”, he or she still might need guidance from time to time. If you have any questions, contact us today at 614-429-1053!

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Robert Neinhast, who runs a blog that focuses on, amongst other things, him going places barefoot, was ejected from the Ohio State Fair on August 9, 2008 for being barefoot. Despite signs posted at the entrances stating that shoes are required, Mr. Neinhast claimed he had attended the fair barefoot at least 11 times prior.

Mr. Neinhast, who had previous run-ins with the Columbus Metropolitan Library, Fairfield County District Library, and the Smithsonian Institute, filed an action in Franklin Common Pleas Court disputing the Fair Commission’s authority to create and enforce such a rule. The court dismissed the case finding that the Commission’s rule “protects both the health and safety of fair patrons and is consistent with the general welfare of fairgoers.”

Instead of walking away from the loss, Mr. Neinhast pressed on and appealed to the Court of Appeals. The Court of Appeals ruled that the Commission had the authority to manage the fair to protect the health of fairgoers including requiring shoes. Mr. Neinhast appealed the decision again, this time to the Ohio Supreme Court who decided that Mr. Neinhast did not have a foot to stand on and declined to review the case.

Do not weep for Mr. Neinhast, he returned to the fair in 2012, this time wearing soleless sandals.

Sources: http://courtnewsohio.gov/happening/2016/stateFairCase_072616.asp#.V5jGO_krLcs
Neinast v. Ohio Expositions Comm., 2009-Ohio-4850
At the Ohio State Fair

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