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Ohio Legal Blog

Estate plans and child support

There are many different issues to consider for those who are creating an estate plan or making revisions to an existing estate plan. From figuring out which type of trust works best (or deciding to set up a will) to naming an executor or naming beneficiaries, the estate planning process can be quite complex. There are a number of other things that people may need to consider with regard to estate plans, whether they are creating a plan, or they have been named a beneficiary. For example, inheritance can affect one’s child support payments, and those who are required to pay child support may also need to take this into account with respect to their estate plan.

If you are trying to decide how to distribute your assets among those you love, you may want to think about various issues that could affect your loved ones’ inheritance. For example, if one of your beneficiaries is planning to separate from their spouse, you may want to think about how assets they receive through your estate plan could affect their child support payments. Likewise, if you have to pay child support, it is important to prepare for changes with respect to the amount you are required to pay as a result of your inheritance.

What happens after being charged with an OVI?

With Independence Day right around the corner, many people in Ohio are getting ready to join in the festivities with friends and family. Most holiday parties involve alcohol, and it's important for all those who plan on driving to and from events to understand what can happen if they are caught and charged with operating a vehicle impaired (OVI). Very Well Mind explains a few of the many consequences of OVI. 

Suspension of driver's license

What should I know before disinheriting a child from my will?

Disinheriting a child is a matter that should be taken very seriously. It usually occurs when a child has been provided financial support in the long term, perhaps at the expense of other children and family members. Emotional factors may also come into play, especially if parent and child have experienced a serious falling out. No matter the underlying reason, The Balance recommends keeping the following factors in mind if you're considering disinheritance. 

Firstly, you should realize that there are other options that give you greater control over the way your assets are dispersed. You might be concerned about providing a large influx of money to an heir with financial issues or addiction struggles. In this case, a trust can be beneficial, as trusts allow you to set certain criteria before your heir can receive assets. You might mandate that your child need to secure full-time employment or undergo drug treatment before being privy to an inheritance. When creating a trust, it's best to have an attorney's assistance to ensure you're compliant with the law. 

Ending your marriage as an older adult

Some people decide to end their marriage after a couple of years, while others may decide that divorce is necessary after decades of marriage. Moreover, divorce may involve young adults and those who are middle-aged, but some older adults decide that the time has come to move on as well. If you are an older adult, there may be a number of factors to take into consideration as you work through the divorce process. For example, you may need to revise your estate plan and you may have various health-related issues to take into account as you make your way through the divorce process.

Sometimes, people may feel as if they are too old to deal with a divorce but ending a toxic marriage can be beneficial for anyone regardless of their age. By successfully maneuvering the process of getting a divorce, an older adult may have newfound freedom and a fresh start. For example, it can be very beneficial to separate from a spouse who prevents their partner from visiting with friends and family members, exerts excessive control over finances or simply prevents someone from living life as they wish.

The Fourth of July has more drunk drivers than any other holiday

If you had to guess what the worst drunk driving holidays were, what would you say? New Year’s Eve? Thanksgiving or Christmas? If you said the Fourth of July, you would be correct. The Insurance Institute for Highway Safety says that Independence Day sadly has the most fatal car crashes nationwide. Of those accidents, 40 percent were alcohol related.

What is supposed to be a day of celebration with friends and family turns tragic far too often. On the Fourth of July 2018, alcohol-related crashes killed eight people and police arrested 296 more for drunk driving in Ohio.

Am I a victim of gaslighting?

Marital abuse can take on many forms. Along with physical violence and threats, an abuser may also employ a tactic known as gaslighting. This involves lies and other manipulative tactics that make the target of the ill-treatment question his or her grasp on reality. Psychology Today explains more about how gaslighting works so you can determine whether it's an issue in your marriage.

While many people lie from time to time, gaslighting involves persistent dishonest behavior. The abuser will lie consistently to a victim, which creates a false version of events surrounding their relationship. This is particularly problematic when it comes to past occurrences. For example, your partner might claim that you're remembering events incorrectly as a means of manipulating you. He or she might also present evidence showing you the error of your ways, which can sometimes seem very convincing. 

When is probate not applicable?

Probate is the process of proving a will's validity, settling debt, and dispersing assets to heirs. When certain circumstances apply, probate may not be necessary. While the rules vary from state to state, The Balance offers a few examples of when probate is not applicable. 

The proceeds of life insurance policies and retirement accounts are distributed to heirs via beneficiary designations. The asset owner fills in designations with the name of one or more heirs, as well as supplying the percentage of the asset they want to be dispersed to each listed beneficiary. When a person dies, these proceeds pass automatically to any heirs listed on the documents. As a result, accounts are not subject to the probate hearing. 

How can I avoid child discipline issues after my divorce?

Many parents disagree on how to properly discipline their children when they neglect chores and school work or talk back. These disagreements often become more pronounced after a divorce, especially when ex-spouses share in the decision-making responsibility. Very Well Family explains how divorced parents should approach common discipline issues to ensure their children are subject to consistent rules and expectations. 

Communication is vital in any parenting relationship. That's why you should convey messages directly to your ex instead of passing them along via your child. This is especially important when it comes to matters of discipline, which may be controversial subjects. Kids who feel put in the middle are less likely to feel safe and secure within a parenting relationship. In the same token, badmouthing the other parent's rules is likely to incur similar feeling in your children. 

Alcohol affects people differently

There are many factors that affect how someone absorbs alcohol, and it is important to understand what they are to avoid getting an OVI in Ohio. Even drinkers of the same size and gender can metabolize alcohol differently, which can make it difficult to determine when someone has had too much to drink to get behind the wheel.

According to the U.S. National Library of Medicine, the proportion of fat and water in the body is a large determinant of how alcohol affects each individual. In general, women have higher levels of body fat, so when given the same amount of alcohol as a male counterpart, their blood alcohol levels will be higher. When there is food in the stomach, this helps slow the absorption of alcohol. It is imperative to drink while eating or after a meal to keep alcohol levels lower. 

How reliable are eyewitnesses?

When a crime is committed in Ohio, or an accident happens and there are eyewitnesses, many people mistakenly believe that they are the best way to testify what happened during the situation. According to the National Center for State Courts, eyewitness testimony can be highly unreliable when it comes to criminal cases. With the help of social scientists, law enforcement officials may need to make changes before an eyewitness is completely reliable.

In previous cases, courts relied heavily on eyewitness testimony until DNA was introduced. Some convicted individuals were exonerated based on DNA evidence although eyewitness testimony was used to convict them. The reality is that the mind does not record an experience exactly like a video camera would. It is susceptible to biases and unconscious distortions through suggestion. Even the most confident witness can be challenged when it comes to remembering details.

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