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Ohio Legal Blog

Things to consider when choosing an executor

If you live in Ohio and are planning your future, one of the things you may be doing is figuring out your estate and planning what to do with your money, property and other assets. Part of the decision-making process is choosing an executor who will carry out the terms of your estate and distributes everything correctly. This is an important decision, so make sure you consider what the position involves.

The AARP discusses some of the important factors you should weigh when looking at potential candidates for your executor. Consider all the things an executor has to do, such as sorting through your home, making trips to banks and courthouses, paying bills and filing tax returns, and choose someone who has the time and patience to carry them through. Even when you make things easier by being specific and keeping lists of all your accounts, it is still a demanding position.

Can I make my own will?

Can I make my own will?

If you’re currently estate planning in Ohio, you might be considering creating your own will to save money. While there are a number of DIY resources available, you definitely want to think twice before moving forward on your own. The Balance offers a few reasons why creating your own will could end up being more trouble than it’s worth.

How can we avoid issues with custody during the holidays?

As if a divorce in Ohio is not hard enough, the challenges that come with sharing custody of your children make the situation even more difficult. This is especially true when it comes to the holiday season. This time of year is stressful on its own but add in the struggles to ensure everyone gets times with the children and it can be a very hectic time for everyone. There are some things you can do to help make it go more smoothly and reduce the stress.

According to the Huffington Post, the most important thing when making holiday visitation decisions is to keep in mind no matter what is the children. Always put them and their needs first. Ensure they are comfortable with any plans you make and if possible, involve them in the planning of your holiday time.

How can I navigate conflict over the holidays?

If you’ve recently gone through a divorce in Ohio, you may be dreading the holidays. Many families experience conflict during this time of year, which can be stressful for both you and your kids. In this case, VeryWellMind.com offers the following advice on how you can mitigate holiday conflict.

Prepare yourself for conflict

How could a sobriety checkpoint affect you this holiday season?

‘Tis the season for family, friends, celebrations and - drunk driving charges? As you know, many Ohio residents include alcohol in their festivities during the holidays. Law enforcement is also aware of this, and takes steps during key holidays, such as Christmas and New Year’s Eve, to catch drunk drivers before they can cause an accident.

The sobriety checkpoint is one of the most common methods authorities employ during holidays to identify drivers who had too much to drink, according to FindLaw. You could encounter a checkpoint on your way back from the office holiday party or even when driving home after last-minute gift shopping. At these checkpoints, officers pull over vehicles in a predetermined pattern, rather than waiting until a driver shows signs of being inebriated to stop the vehicle. For example, if yours is the “lucky” fifth vehicle to pass through the checkpoint, you may be directed to pull to the shoulder and perform a field sobriety test.

OVIs increase during the holiday season

Spending time with your family and friends over the holidays often includes one common denominator: alcohol. Whether you drank one too many spiked eggnogs or said cheers to the New Year with a few too many glasses, seeing flashing lights behind you on the way home is never a good sign.

According to recent statistics, between Thanksgiving and New Year’s, car accidents due to intoxication caused 25,000 injuries. What consequences will you face for an OVI over the holidays? What are other ways to get home that do not include driving yourself?

Saia & Piatt selected as a Best Law Firm for Columbus OVI defense

We are pleased to announce that U.S. News & World Report and Best Lawyers have selected The Law Offices of Saia & Piatt, Inc., to their list of 2019 “Best Law Firms” in the category of Columbus, Ohio, DUI/DWI defense.

“U.S. News has more than 30 years of experience evaluating complex institutions and their service to consumers,” explains an executive editor at U.S. News. “Law firms perform a vital role in American life, and ranking them is a key extension of our overall mission to help individuals and companies alike make important decisions.”

Does Ohio enforce no-contest clauses?

The last thing that you want is there to be contention amongst the beneficiaries you leave behind in Columbus. Yet when it comes to the dispersal of a loved one estate amongst multiple parties, there will almost inevitably be people who are not happy with your stipulations. They may allow that disappointment to lead them to challenge the validity of your will, further complication matters and all but ensuring discord. One way for you to stop such discord from occurring in the first place is by including a no-contest clause in your will. 

No-contest clauses are language that creates the potential for a penalty to be assigned to anyone who challenges the terms of your will. The penalty imposed can range from one who does make a challenge being forced to relinquish a portion of their interest in the estate to being disinherited altogether. Howe sever such a penalty may be is left to you to decide. 

Problems with field sobriety tests

Have you been arrested and charged with a drunk driving offense in Ohio? If so, you are no doubt interested in learning as much as you can about your options to defend yourself against this charge. One of the things you should know is that the three roadside tests used by law enforcement officers before your arrest, called field sobriety tests, each have a defined rate of inaccuracy. Your health may even be a reason that you could not satisfactorily pass one, two or all three of these tests.

Among the problems associated with these tests is the fact that the officer administering them does not know what is normal for you. According to FieldSobrietyTests.org, this makes it very difficult for them to accurately identify what action on your part might actually indicate that you are impaired by alcohol. A person who is more than 50 pounds over their ideal weight may not be able to balance simply because of the weight, not because they are drunk.

Who has the ability to contest a will?

Perhaps your grandmother recently passed away, and her estate finds that she created and established a will. Unfortunately, your grandmother created the will nearly 25 years ago, and the assets, beneficiaries and designations do not reflect what you thought to be her true wishes.

In Ohio, only specific individuals have the authority to contest a will document if they believe that the last will and testament of a loved one does not prove to be accurate. You knew your grandmother well, and you want her assets to fall into the correct hands after the probate process finishes.

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