Cincinnati Full-Service Law Blog

Divorce may cause anxiety, behavior changes in kids

It is not unusual for people to hope that they will have a happily ever after. For some Ohio residents, it may seem as if their marriage will not lead to that happy ending they had envisioned. Of course, being married is not the only source of happiness in life, and individuals may find that divorce could help them regain some happiness that they had lost. However, they may worry about whether their children will be able to do the same.

It is understandable to worry about how children will handle their parents' split. Ending a marriage can create a great deal of change for everyone involved, and children may feel anxious about what the future will hold. Parents can help combat this anxiety by explaining to the children what their living arrangements will be like, what the new routine will be and when they will spend time with each parent.

Do you have a succession plan for your Over-the-Rhine business?

Recent years have seen an explosion of interest in living or running a business in Over-the-Rhine. Whether you have been here for years or have recently moved to the area, if you own or manage a business here, you likely want to protect that business, even in the event that something happens to you.

Many people understand the importance of creating an estate plan to protect their wishes if they die, and quite a few people even make living wills to protect their medical and financial wishes if they can't speak on their own behalf.

How can you protect against financial fraud?

You have been working with your family in Ohio to research the best options for your elderly loved one who is in need of assistance with various tasks. While you have reliable and honest people helping with some of your family member's needs, you are concerned about how to effectively protect his or her finances and assets from fraud. Your vigilance and attention to detail can go to great lengths in helping you recognize if something is amiss and indicates that you need to take action right away. 

If your elderly family member is still solely in charge of his or her finances, do not be afraid to sit down and discuss the warning signs of fraudulent activity. You can educate your loved one about suspicious activities that could indicate they are being taken advantage of. You can also suggest questions that he or she should ask in response to requests from people who claim to need sensitive financial information. If you are overseeing the finances of your loved one, monitoring recent activity may be a bit easier especially if you are aware of what constitutes fraudulent activity. 

Cincinnati poised to be a startup hub

Our neighbors to the north at the University of Cincinnati are doing some interesting things. According to Entrepreneur — via the UC News — their new innovation lab has set the city up to be the next big start-up center. At the Law Firm of Droder & Miller, that automatically makes us think of the legal issues surrounding setting up new businesses.

As you know, technology and innovation often come with a fair amount of risk.  If you are an entrepreneur, you do everything you can to mitigate those risks by taking precautions. You might set up a solid business plan. You might raise enough capital to keep your momentum going. And, of course, you might give some thought to the legal structure of your business.

What if you do not update your will after your divorce?

It is said that if there is one constant in this world, it is change. This certainly applies to your life in Cinncinati. Over the years, the may marry. have children, start a business, experience personal losses, or get a divorce. Each of these will likely affect your decisions related to your estate. Speaking specifically of divorce, such an event will almost certainly impact how and to who you would like your assets dispersed. Yet many go through a divorce and never update their estate plans. 

If this happens, you might assume that the ex-spouse's in such cases would still inherit assets according to the decedents' wills. Yet this is not the case. State law takes into account the potential of you not updating your will immediately following your divorce. Section 2107.33 of Ohio's Revised Code states that a divorce, annulment or legal separation effectively invalidates any of the following provisions related to your ex-spouse in your estate plan: 

  • Dispositions or appointments of property
  • Powers created by or available from a trust instrument
  • Provisions conferring general or special powers of appointment
  • Nominations to the offices of trustee, executor or guardian

Dealing with government contracts

For those businesses in Cincinnati that work contractually, landing a government contract is often considered to be a boon. Government partners offer security and stability that few private companies can match. Yet one risk that does come from working with them is the freedoms that they are automatically afforded due to their government backing.

One of these advantages is the ability to terminate contracts for convenience. Most assume that a contractual partner has to have cause in order to terminate a contract before its terms have been fulfilled. Yet according to the Federal Acquisition Institute, Section 52.249-1 of the Code of Federal Regulations states that any government entity can terminate a contract whenever it is believed to be in its best interest (private organizations are only allowed this benefit if it stipulated in a particular contract).

Don't panic if someone sues you; get ready to defend yourself

There is so much misinformation floating around about your rights as an American and a resident in Ohio that some people don't really understand the legal system at all. Many people understand, for example, that they have the right to defend themselves against criminal allegations. However, when it comes to civil lawsuits, the idea of a defense seems foreign to many.

Still, you have the right to defend yourself from any legal claims, even if the consequences will be civil and financial, not criminal. Although the courts do not have to provide you with an attorney as they do in the event of a criminal case, you have the right to retain an attorney on your own behalf. Doing so is often in your best interest, particularly if the amount of money the other party wants to seek from you is quite high.

Pinpointing the causes of misdiagnoses

People in Cincinnati go their doctors expected that said professional’s experience and expertise will help them arrive at the correct diagnosis as to what is ailing them. However, most also realize that even with the many advances made in modern medicine in recent year, diagnostic science still has its limitations. Thus, misdiagnoses will happen (indeed, according to information shared by CBS News, more than 12 million Americans are misdiagnosed by clinicians every year). Yet patient’s still have the right to expect that their doctors will use sound judgment when diagnosing their conditions. If that expectation is not met, they may justly question why. 

Often, healthcare professionals will incorporate heuristics into their decision-making. Heuristics are the accepted best practices within an industry, and have typically been developed through both study and the analysis of real-world data. Doctors are not discouraged from considering heuristics when examining their patients; it is when they allow heuristics to completely influence their decisions that problems arise. 

Understanding COBRA coverage

As you prepare into enter into your divorce proceedings in Cincinnati, you mat begin to start to look more and more at what yours and your kids’ lives will be like once your marriage has officially ended. Many in your position (who were not the primary income earners in their marital homes) have come to us here at The Law Firm or Droder and Miller questioning what will happen once they are no longer available for coverage under their ex-spouses’ group health plans. If you are currently contemplating the same point, you will be happy to know that your current coverage can continue even after the end of your marriage. 

Per the U.S. Department of Labor, the Consolidated Omnibus Budget Reconciliation Act stipulates that people who had been covered under a group health plan can remain eligible for such coverage after having experienced a significant life event that affected their affiliations with the organizations sponsoring said plans. Per COBRA guidelines, divorce is considered to be such an event (indeed, under COBRA, you can remain covered under your ex-spouse’s plan for up to 36 months following your divorce). Your eligibility is based on whether your ex-spouse’s health plan qualifies for COBRA coverage (and it does as long as their employer is a private company employing more than 20 people or a state or local agency). You must also have been eligible for plan coverage the day prior to your divorce occurring. 

What will happen to your belongings when you die?

Planning for your death is not an easy thing to do, but estate planning is vital for making the lives of your loved ones and heirs easier once you are no longer around. It also gives you peace of mind while you are still here to enjoy life and those you love.

Planning can be simple, ranging from a will, power of attorney and health care proxy to more complicated documents such as trusts or corporate succession agreements.

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