Legal-Ease: How is the use of my property limited?

Limitations to the use of property fall into four, broad categories: neighbors, zoning, development and contracts. 

First, we owe our neighbors certain duties. Second, many parts of Ohio are zoned. Third, development restrictions are similar to neighbor-respect restrictions. Finally, prior owners or we ourselves may have agreed to restrictions on the use of our property. 

Legal-Ease: What to do when my parent is losing mental capacities

It’s difficult to watch parents lose their mental strength. Often, the loss of capacity to make decisions happens over time rather than overnight. Many parents will have good days and bad days. 

A good day is an opportunity to have a loved one sign powers of attorney if that paperwork isn’t already in place. 

Legal-Ease: Spring cleaning and trash fires

As spring cleaning is upon us, many in our region will want to burn combustible trash outside. In the state of Ohio, no burning is allowed between 6 a.m. and 6 p.m. in the months of March, April, May, October and November unless the fire is in a plowed field. These months of the year are particularly dangerous for outdoor fires. 

Ohio has a number of laws in place for burning outside, and municipalities and counties often regulate fires as well. 

Legal-Ease: Will Lake Erie sue you?

The residents of the city of Toledo voted that Lake Erie and its watershed, which includes Allen County and any county adjacent to Allen County, can sue any business or government that causes harm to Lake Erie or fails to undertake protective action of Lake Erie. This law is largely symbolic designed to show that Toledo wants less pollution in Lake Erie and is not likely to be enforced. 

If LEBOR were to actually be enforced, it could immediately affect all businesses in northwest Ohio. 

Legal-Ease: Four planning frameworks

A good lawyer’s advice is important for good outcomes in life, business and death. There are four primary frameworks to begin to prepare for life changes. 

First, identify the special financial gifts you want to give upon your death. Second, percentages can be used to distribute assets. Third, specific assets can be earmarked for certain people. Finally, many people will mix and match the frameworks, so good organization is key. 

Legal-Ease: Caring for adult children with special needs

When children with intellectual and developmental disabilities become adults, unique challenges can present themselves.

If the adult with a disability is mentally competent as a matter of law, he or she may be able to sign powers of attorney that name family and friends as agents. If the adult is not legally competent mentally to sign powers of attorney, parents or other members of the family should undertake a formal guardianship proceeding.

Legal-Ease: Eviction steps for residential property

Residential properties have many rules to govern the relationship between the tenant and the landlord. Laws have been put into place to ensure that tenants are properly protected. Many of the protections concern what provisions can or cannot be included within a lease. 

Legal-Ease: Earning, keeping and expanding trust

Trust is the basic foundation of human interaction. Lee is regularly asked by landlord clients what type of person they should seek as their property managers and tenants. His answer is always the same: trust. 

Our legal system is set up to create or at least maintain trust so that business and commerce can operate. Trust is also guaranteed to be kept throughout durations of business transactions through the use of legal documentation. 

Legal-Ease: Caution with corporations

Before LLCs were legally able to be established, the practical ways to organize businesses was to establish either a corporation or limited partnership. 

Limited partnerships are cumbersome to maintain are are confusing when compared to LLCs. 

There can be some legitimate reasons for a new business to organize as a corporation instead of an LLC for tax purposes. When organizing a new business, caution should be exercised to be sure that the business is being established in the best way possible. 

Legal-Ease: More than one way to avoid probate

Contracts are typically enforceable in courts if they’re not honored. Generally, a property owner may have a contract that explains what happens to property when the property owner dies. Each properly prepared contract will provide oversight and enforceability in regards to property ownership changes. 

However, without a contract there is no oversight between the people involved in changing the property’s ownership. Without a contract, the court must provide oversight.