Category Archives: Estate Planning Law

Selling Your Home? Be Sure to Disclose Any Known Issues.

In Markel v. Wright, 2013-Ohio-5274, Brooke Markel, the Plaintiff, sued the former owners of her home after encountering moisture in her basement.  To remedy the wet basement, the Plaintiff spent $16,500 to waterproof the basement.  Prior to selling the home, the … Continue reading

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Attachment of GPS Device Without Warrant Violates 4th Amendment

In State v. Sullivan, 2013-Ohio-5276, the Fifth District Court of Appeals tackles whether it is constitutional for law enforcement to attach a GPS monitoring device to a suspects car without a search warrant.  In short, law enforcement believed the suspect, Montie … Continue reading

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Court of Appeals Upholds Contractual Rate of Interest

The Fifth District Court of Appeals has rendered its decision in Phoenix Fin. Solutions, Inc. v. Jackson, 2013-Ohio-5280. In this case, the Defendant entered into a promissory note for the purchase of a motor vehicle. The Defendant defaulted on his … Continue reading

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“But I’m the power of attorney” — “Good for you”

I am not sure who to blame for this.  Perhaps it is the fault of lawyers who fail to properly advise clients when a power of attorney is signed.  Or, maybe what I am seeing is the result of the … Continue reading

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Changes to Ohio’s Statute of Limitation for Written Contracts

The Ohio Legislature was busy this year bringing about many changes to the Ohio Revised Code; however, few changes are more important to service providers and lenders than the changes brought about by S.B. 224. Historically, R.C. 2305.06 provided a … Continue reading

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Power of Attorney Does Not Permit Self-Dealing

A power of attorney is a document signed by a principal that empowers another person, an agent or attorney-in-fact, to perform acts on behalf of the principal.  There are some key limitations to what an agent or attorney-in-fact may do … Continue reading

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What is a probate asset?

You know it is funny, before I went to law school I was mystified and impressed by attorneys’ using legalese.  While I was in law school, it infuriated me, and I swore I would make every effort possible to avoid using … Continue reading

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Ohio Eliminates State Estate Tax

The Ohio Estate Tax was a 6% tax that applied to estates that had a net value in excess of $338,333.  The 6% tax was levied on every dollar over $338,333.  Once the value of the estate reached $500,000, the … Continue reading

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