Legal-Ease: Supreme Court of Ohio in Ottawa

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Occasionally the Supreme Court of Ohio will hear verbal arguments somewhere other than in its courtroom. Beginning at 9 a.m. on Wednesday, April 11, the Supreme Court of Ohio will be hearing arguments on three potential society-changing cases right in Ottawa, Ohio. 

The hearings will take place in the Ottawa-Glandorf High School auditorium. The first case involves college football players and alleged brain damage. The second case deals with who bears the burden of proof in proving that someone “blacked out.” The third case deals with whether a lawsuit can be dismissed because it is “frivolous.” 

Legal-Ease: Trusts in Ohio

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Trusts are set of rules related to assets. Trusts that can be changed are called revocable trusts, and trusts that cannot be changed are called irrevocable trusts. 

Up until very recently, trusts were necessary to avoid or decrease estate taxes. Trusts help people avoid probate for the assets in the trust. Trusts can also set up rules on how assets are used by heirs. Finally, trusts are used to gradually distribute assets to people who might struggle if given a large sum of money at once or who may have creditors who would try to seize money if it were readily available. 

Legal-Ease: He did it, and he did not do it

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As O.J. Simpson has recently been in the news, some may have been wondering how he was found “not guilty” in his criminal trial but “liable” in a civil trial. 

The question can be answered by looking at the standard that has to be met to “win” a court case. The standard that applies to define winning a court case is called the “burden of proof.” The burden of proof was different in O.J. Simpson’s criminal case than from his civil case. 

Legal-Ease: Routes to recovery: Torts and contracts

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Anyone can sue anyone else at any time, but that doesn’t mean that the lawsuit will be successful. The rights to recover money in civil lawsuits break into the categories of torts and contracts. 

If someone is injured, the person who caused the harm may have committed a tort. The other category of civil lawsuits is contracts, which is a mutual relationship among multiple people who have responsibilities to each other. 

Legal-Ease: Nursing homes and assets other than real estate

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Being eligible for Medicaid is often a key component to a person’s long-term care plan if the individual wants to protect assets from being used for long-term care. The two primary requirements to be eligible for Medicaid, which we touched upon in this blog post, are as follows: The applicant must have a financial net worth of less than $2,000, and the applicant must not have given anything away in the previous five years to be at that financial level. 

For assets that could incur capital gains taxes when sold, giving the asset away before it’s time to consider needing long-term care can miss a chance to avoid capital gains taxes. 

Legal-Ease: FFA and Congressional charters

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FFA, formerly known as Future Farmers of America, is a student agricultural organization. This is National FFA Week, and FFA is a required part of formal agriculture education programs in schools. 

FFA is one of only a few Congressionally chartered agricultural organizations in the country. Congressional Charters of nonprofit organizations recognize that the organizations are legitimate and add value to American life. 

Legal-Ease: Nursing homes and life estates

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Among the requirements needed to be eligible for Medicaid, an individual’s financial net worth must be less than $2,000. That individual must not have given away property to become that poor within five years before the application. 

Medicaid eligibility means that the government will pay for a person’s long-term care, which includes nursing home care as well as in-home care. 

Long-term care and asset protection plans that are undertaken early almost always help the individual later. 

Legal-Ease: Kids’ medical ID form not legally necessary but advisable

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While it’s not legally necessary, many attorneys complete a basic information form for clients to let medical professionals know in emergency situations how to treat children. The document can inform doctors about unique medical conditions as well as any information they may need to know in an emergency situation. 

Usually, these documents include each child’s full name and date of birth, parents’ and guardians’ names and contact information and other important information a medical professional would need to know about a child in case of an emergency. 

Legal-Ease: Do I need a new will?

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While Lee recommends that people hire licensed attorneys to help with wills and to advise whether or not they should be updated, there are four major considerations to keep in mind when deciding whether a will should be updated.