Blast From The Past: What Happens in Ohio if I Lose My Will?

estate planning documents beneficiary

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on September 24, 2022. Securing an experienced Estate Planning lawyer is EXTREMELY important! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool to find the help you are seekjng.

A Lost or Destroyed Will Can Be Submitted To Probate…Under Certain Circumstances

estate planning documents beneficiaryWe strongly suggest that our clients protect all of their original estate planning documents by keeping them in a fireproof container. This includes their Last Will and testament. However, what happens if a will is somehow lost or destroyed?

A lost, spoiled or destroyed will can be admitted to probate under certain circumstances. The question becomes did the testator intentionally destroy the will, which makes it null and void or was it unintentionally lost or destroyed which makes it still valid. The law in Ohio used to be that if a will could not be found, the assumption was that it was intentionally destroyed as a way of revoking it. This assumption no longer exists.

Keep your Original Estate Planning Documents in a Safe Place

Upon applying to admit a lost or … Read More... “Blast From The Past: What Happens in Ohio if I Lose My Will?”

Blast From The Past: Post-Divorce: Here Are Three Ways to Declutter Negative Thoughts After Recent Divorce. Is it Time for Some Spring Cleaning for Your Mind?

declutter negative thoughts divorce support system

Declutter Negative Thoughts After Divorce

PUBLISHER’S NOTE: Here is one of my favorites posts from back on March 14th, 2022! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Spring Cleaning for the Mind? How to Declutter Negative Thoughts After Divorce

declutter negative thoughts divorce support system

The sight of blooming flower blossoms always prompts the itch to spring clean. While we may toss out our junk, scrub the floors, and dust the furniture, we often don’t take the time to declutter the negative thoughts that intrude in our minds daily. This is especially true for recently divorced individuals, who often experience loneliness, anxiety, guilt, and grief.

Here are three ways to declutter those negative thoughts just in time to welcome the change of the seasons!

  1. Engage in Self-Care

    Self-care is perhaps one of the easiest ways to start decluttering negative thoughts after a divorce. We hear often about doing self-care, but what exactly is self-care?

    Self-care is generally defined as doing anything to improve one’s mental health. This can be done in a variety of ways. It can be as simple as reading a book for

Read More... “Blast From The Past: Post-Divorce: Here Are Three Ways to Declutter Negative Thoughts After Recent Divorce. Is it Time for Some Spring Cleaning for Your Mind?”

Blast From The Past: An Overview of Child Custody Proceedings in Ohio

custody domestic relations

PUBLISHER’S NOTE –  I emailed this blog from August of 2021 to a possible new client this week. Custody cases are typically complex and very fact sensitive. But here are the basics. The information in it is still correct, but the new term for “visitation” is “parenting time”. Try the search bar above to focus in on a huge variety of articles we have published since 2007!

Understanding the Intricacies of Ohio’s Child Custody Laws

child custody domestic relationsOhio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ … Read More... “Blast From The Past: An Overview of Child Custody Proceedings in Ohio”

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on January 15th, 2022! The advice rings as true now as it did then! …We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Making a Resolution can help you focus after Divorce

Going Through a Divorce in the New Year? Make a Resolution to Help you through the Adjustment!

make resolution new year going through divorceAs we embrace the new year, changes are inevitable. Especially if you are going through a separation or divorce. For you this might be a time of loss and sadness. Also think of it as a time of the hope for a brighter, happier future. The key is in the mindset about how to act and think differently in the new year.

Typically, people make promises to exercise more, or eat a healthier way, or perhaps lose weight. Often these goals are made with good intentions and start off strong, but within a month or so are forgotten. It might be more meaningful and helpful, especially for someone going through divorce to focus on a philosophical position, and to … Read More... “Blast From The Past: New Year Resolutions for Those Going Through a Divorce”

Blast From The Past: Thanksgiving: What Happens When College Students Return Home For The Holidays?

college students thanksgiving

PUBLISHER’S UPDATE: Here is one of my favorites posts about college students returning home for the holidays from back on November 21st, 2015! The advice rings as true now as it did then! …We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Parents and College Students Can Find Ways to Peacefully Coexist During Thanksgiving and the Holidays!

college students thanksgivingCall it a clash of cultures. Thousands of college students will soon travel home for Thanksgiving, in their minds, returning as independent adults, but still children in the eyes of their parents, says Scott Hall, a family studies professor at Ball State.

“When college students return home for their first Thanksgiving after having been away at school, they might feel like they are caught between two worlds: echoes of childhood dependency, and nearby adult-like independence,” Hall says. “It is easy to feel the tugs of long-established patterns of home life once stepping back into the family system only recently left behind. Such patterns (to the college students) suddenly feel threatening to the ‘new me’ that has been emerging at school.”

He says parents might … Read More... “Blast From The Past: Thanksgiving: What Happens When College Students Return Home For The Holidays?”

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

adoption custody overview

PUBLISHER’S UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

adoption custody overviewIt is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

contempt motion parenting time divorce

PUBLISHER’S NOTE: Here is one of my favorites posts from back on November 12th, 2022! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

contempt motion parenting time divorceDivorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, … Read More... “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

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