Legal-Ease: Vets, surviving spouses should investigate VA pension

To some, government programs that are intended to help veterans can seem more like obstacles. The VA pension may significantly help veterans and their spouses, but there are four fundamental requirements. The application process is a bit lengthy, but local attorneys and Veterans’ Service Offices in each county can help.

Legal-Ease: Learning about public records

Public records are often discussed in our society; public records are the records kept by any public office. The general public can review the records kept by the state, county, city, village, townships as well as school districts.

There are certain records that aren’t considered public records, though. Medical records are generally not considered to be public records. Businesses that apply for tax abatements based upon their technology are offered privacy for their technology’s character and description. Home addresses for public employees who may face retribution as part of their jobs are generally afforded the ability to keep their addresses secret. Other instances exist where records are not considered to be public.

Legal-Ease: Ohio’s dog laws have real bite

Dogs are ubiquitous in northwest Ohio, and every dog needs a license. Dog kennels must also be licensed. These fees are collected not to be a moneymaker for the state, but rather for the administration of the dog registration and protection process.

Ohio law requires that every dog is supervised and controlled by its owner or the person who is responsible for the dog’s conduct. Additional duties are placed on the owner if the dog falls into the category of nuisance dog, dangerous dog or vicious dog based upon its past behavior.

Legal-Ease: Impending tax law change impacts family businesses

Before the end of 2016, the IRS is expected to issue a new regulation that will significantly affect gift and estate taxes for many family businesses. Traditionally certain family-owned businesses are considered valuable due to the respective businesses’ synergy. So if one sibling wants to sell his 1/5 share of a $5 million business, his individual share would be worth less than $1 million. This concept is referred to as discounting for lack of marketability and lack of control. It’s often used in farm and business succession planning to keep things fair among heirs as well as to continue the viability of family businesses and farms. But now the IRS will be cracking down on discounts for lack of marketability and lack of control in one area: estate and gift tax calculations.

Legal-Ease: Do I need title insurance?

When purchasing real estate, public records are searched to confirm who owns the parcel of property and if there are any liens or assessments on the property. This process is called a title search. Anyone can perform a title search, and when a title search is done by someone who is not an attorney, the recorded instruments identified that could affect the property’s ownership or use are listed in a title report. The best protection to be sure that the property has no use or ownership issues is title insurance.

Legal-Ease: How much does an LLC cost?

It’s often difficult to offer a value to the protection gained from certain legal tools such as an LLC. The actual cost of an LLC includes the $99 filing fee, a detailed operating agreement and the cost associated with creating that, a tax identification number and flowcharts and explanations on how to manage the LLC. An LLC also needs to be funded with assets. In northwest Ohio, establishing an LLC typically costs between $400 and $4,000.

Legal-Ease: Murder, manslaughter or homicide?

The terms murder, manslaughter and homicide can be confusing, especially since in the state of Ohio the terms used to describe deaths of people caused by others are different from the terms that are used under federal law and other states. Classifications of deaths that are caused by other people are usually organized by the mental state of the person who caused the death as well as the circumstances that surround the death.

Legal-Ease: Statutes of limitation

Statutes of limitation define the length of time after an issue arises that the person who has been damaged can try to recover money or other relief from the person who initially caused the damage. Unless a specific federal law is involved, Ohio law will define the appropriate statute of limitation. Typically the statute of limitations begins when the harm, damage, action or inaction took place. So for example, since the statute of limitations for civil trespass on real estate is four years, someone could sue the alleged trespasser within four years after the trespass took place.

Legal-Ease: CDLs and farmers

A CDL is required to operate many motor vehicles in the state of Ohio. Buses, trucks, semi-tractors, dump tracks and more require that the driver have a CDL. But the requirement to have a CDL excepts farmers in some situations. The way in which the farmer uses the vehicle is what defines whether it would be excepted from Ohio’s CDL requirements. There are five requirements for a farmer in place by the state of Ohio that would except the farmer from the CDL requirement under the farming exception.

Legal-Ease: Was I robbed, or did I ask for it to be taken?

Even when items are relatively easily accessible, if someone takes the items, it’s their responsibility to return them. While it’s smart to secure items and lock them up, it’s not always legally necessary in order to retain the ownership of those items. With personal property, the question is whether the owner of the item “asked” for the item to be taken.