Are My Estate Planning Documents Still Effective If I Move To Another State?
Have you recently moved from another state or are you planning a move? One of the first things you should ask yourself is “Are my estate planning documents still valid and effective?” The first question can be answered more simply that the second question.
If you move to another state, technically if a will or trust were legally valid in the state in which they were executed, they should still be legally valid. Most state have laws that specifically state that a will is legally valid if it was legally valid in another state in which it was executed. A trust validly executed in one state should not be questioned in another state. What is controlled by those documents may differ though. Community property state and non-community states may treat what each of you and your spouse own differently. Also, states may differ in what a surviving spouse is entitled to by law and what a surviving spouse’s rights are by law regardless of one’s estate planning documents.
Why should I file first in a Divorce Complaint? Here are the reasons.
PUBLISHER’S NOTE:This blog on filing a divorce complaint is as meaningful today as it was when we originally posted it on December 16, 2019. The importance of meeting with an experienced divorce lawyer in your area to evaluate when and where to file cannot be overstated! 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!
Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense
Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.
UIDDA (Uniform Interstate Deposition and Discovery Act)
Ohio Civil Practice Discovery Help For Divorce Attorneys – How To Obtain Documents Outside Ohio?
As a lawyer who focuses my practice primarily on Ohio divorce and family law cases, it is easy to sometimes forget about Ohio Civil practice discovery rules and statutes. How many of you have had difficulty obtaining documents or setting depositions with companies located outside Ohio? I suspect, most of my fellow divorce lawyers would acknowledge the frustration this has caused!
I have recently had a battle obtaining retirement statements from a plan administrator located outside Ohio. It is hard to complete needed ‘due diligence’ to value assets in a divorce without retirement statements to determine if all contributions were marital as well as the dates and amounts of loans or withdrawals.
Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?
Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.
(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:
The wishes of the child’s parents regarding the child’s care;
If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
The child’s interaction and interrelationship with the
Will I Keep My Retirement Account Savings And Benefits If I Divorce My Spouse?
Going through a divorce can be complicated and stressful. Common sense thinking oftentimes does not mesh with Ohio divorce laws. Division of retirement accounts may fall into that category.
Some people mistakenly think that retirement savings are separate property in a divorce. If they are the owner of an employer-sponsored pension plan or in investment accounts like 401(k)s, they may believe that since they earned the benefit that they get to keep it even in a divorce. That is likely WRONG. If any was earned during the marriage, that portion is “marital property” and subject to the Court’s equitable division just like a joint bank account. In other words, just because you earned the retirement benefit, you do not get to keep it in a divorce . Any amounts accrued during your marriage will belong to both spouses.
How Will the Division of Retirement Benefits Alter Your Retirement Plans?
Equal Protection Clause Allows Discrimated Ohio Transgender Residents To Correct Gender On Birth Certificate
On December 16th, 2020, federal Judge Michael Watson of the Southern District of Ohio’s Eastern Division found unconstitutional the Ohio Department of Health’s policy which prohibited transgender residents from correcting their gender on their birth certificate. Ohio allowed for gender changes on birth certificates to be made until 2016. Judge Watson stated “the policy resembles the sort of discrimination- based legislation struck down under the equal protection clause in Romer v. Evans as nothing more than a policy ‘born of animosity toward the class of person affected’ that has ‘no rational relation to a legitimate government purpose.’ ”
Judge Watson ruled in favor for four transgendered Ohioans to legally correct their birth certificate gender marker and overturn the state’s decision to deny the correction of the gender mark on their birth certificates . The case, known as Ray v. Himes and more recently, Ray v. McCloud , was filed in March 2018 by Lambda Legal, the American Civil Liberties Union, the ACLU of Ohio, and law firm Thompson Hine LLP on behalf of four transgender plaintiffs: Stacie Ray, Basil Argento, Ashley Breda and … Read More... “LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates”
Health Care Decisions During The Coronavirus (COVID-19).
PUBLISHERS NOTE: In the rush of the holidays, please do not overlook the importance of helping your family members review their estate planning and health care documents. Doctors are urging people to take this important step! This blog, first published on April 11, 2020, demystifies durable health care powers of attorneys and living wills. For the sake of your loved ones, please don’t put this off.
Coronavirus: Health Care Durable Power of Attorney Covers All Health Care Decisions
A COVID vaccine is coming. So is the beginning of winter. While a reason for optimism for 2021 exists, the winter of 2020-2021 will be unusually dangerous, with the coronavirus running rampant. Experts are pleading that individuals have their estate planning documents in order, especially power of attorney for health care documents and living wills (advanced directives). With many long-term care residents unable to meet personally with their loved ones, it is more important than ever that those loved ones know the wishes of an individual and can act on their behalf.