Wills
In today’s age, the Dayton Lawyer and Dayton Attorney Guide highly recommends that everyone with property gets a will (also sometimes called a testament) drafted.
Many people wonder if they should draft a will. If you have young children or have property, then you should have a will at a minimum. Whenever someone passes away without a will in Ohio, a judge will have to distribute the deceased person’s property via state law. Unfortunately, Ohio state law may not dictate what you want.
One of the benefits of using a will is that you can specify a guardian for your children. Part of this guardian’s responsibility will be to also manage the children’s property.
There are a few requirements for a will to be considered enforceable. First, a person must identify himself or herself as the creator of the will and that he is creating a will (you usually see this in the movies when the actor (or actress) says something about his last will and testament). Second, the will’s creator must demonstrate that he or she is of sound mind. Last, the will’s creator must sign and date the will. While it is possible to create a will by yourself, you should use a Dayton lawyer to draw up the will to eliminate potential pitfalls.
Wills are rarely challenged in court. For a testament to be thrown out of court, one of three conditions must exist: 1) You were not of sound mind when you drafted the will, 2) you were unduly influenced by someone, or 3) your signature was forged. The Dayton Lawyer and Dayton Attorney Guide recommends you use a Dayton Attorney to ensure none of these items ever become an issue.
If you wish to revoke your will, there are two ways to do it. First, you can either tear the will up or burn it. Also, you can strike out your signature. The second way to revoke a will is to draft a new will.
When considering whether to draft a will or not in Ohio, the Dayton Lawyer and Dayton Attorney Guide recommends you consult a Dayton lawyer or Dayton attorney for legal guidance.
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Prenuptial Agreements
Due to the popularity of prenuptial agreements, or as they are often called “prenups” or premarital agreements, the Dayton Lawyer and Dayton Attorney Guide felt it would be beneficial to provide an overview of this contract vehicle.
First, there are numerous reasons why you would consider a prenuptial agreement in Ohio. The most obvious (and most talked about on television) is because one fiancé is far wealthier than the other. Additionally, you may wish to proceed with a premarital agreement because you wish to pass on property to your children from a first marriage, wish to protect yourself from your fiancé’s debts, wish to enforce your estate plan, or you simply wish to avoid financial arguments in the case of divorce.
As with many legal matters, there are a few things that a premarital agreement is not. It isn’t romantic. If this becomes a huge issue, you can write a sunset clause into the agreement. This clause will make the prenup invalid after a set period of time. Another thing to consider is that state laws may already protect you. This is why it is very important to consult a Dayton lawyer when you consider forming or signing a prenuptial agreement.
It is also important to note what prenups can not do. They can not restrict child support, custody, or visitation rights. Also, they can not make rules about nonfinancial matters.
For a prenuptial agreement to be valid, it must meet certain requirements. The agreement must be in writing, entered into voluntarily, be considered fair, and be executed by the fiancés in front of a notary public (preferably in front of your Dayton attorney).
Due to the fact that the courts carefully scrutinize prenuptial agreements, the Dayton Lawyer and Attorney Guide highly recommends you use a Dayton Lawyer or Dayton Attorney to draft up the contract. If the court deems the premarital agreement to not meet state requirements or is unfair, they can simply throw it out. By using a Dayton Attorney or Dayton Lawyer, you will significantly increase the odds that the agreement will be enforceable.
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Foreclosure
With the sluggish economy and sinking home prices in Dayton Ohio, the Dayton Lawyer and Dayton Attorney Guide felt this would be a good time to briefly examine the Dayton foreclosure process from a legal perspective.
While many people try to avoid foreclosure via a short sale, sometimes this option is simply not available. As an example, in the case of a short sale, where the buyer is too far upside down in his or her payments, the bank may simply not allow the owner to sell their house at a discounted price. As a result, the owner could be forced into bankruptcy proceedings.
In this case, the bank may try to foreclose on your property. Luckily, since Ohio is a judicial foreclosure state, employing a Dayton lawyer or Dayton attorney can afford you a chance to save your home, or at worst, delay your eviction.
We say luckily, because the average judicial foreclosure takes several months to bring to closure. In addition, your lender must petition the court to start the foreclosure proceedings. During these proceedings, a Dayton Lawyer or Dayton attorney can provide assistance.
To initiate the proceedings, your lender must send you a notice of intent to begin foreclosure once you have missed at least one payment. At this point, your best course of action is to contact your lender to discuss alternative forms of payment (i.e. a new repayment schedule).
Once you have received the notice of intent, the lender can file a lawsuit. The next step involves receiving a summons and complaint, which gives you the opportunity to respond.
At this point, you have two choices: either respond or don’t respond. If you respond, your Dayton Lawyer or Dayton Attorney can help you craft a legal defense. If you choose to not respond, it is most likely the judge will allow the lender to sell your home.
After a judge grants permission to the lender to foreclosure on your property, you will receive a notice of intent to sell, which is where you are given notice that your house will be put up for auction.
The Dayton Lawyer and Dayton Attorney Guide hopes this foundational article on the foreclosure process has been helpful. If you are facing a foreclosure, it is important that you promptly contact a licensed Dayton Lawyer or Dayton Attorney.
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Bankruptcy
Due to the failing economy and increasing prices, many people are being forced to consider the possibility of bankruptcy. As such, the Dayton Lawyer and Dayton Attorney Guide would like to provide a little insight into what bankruptcy consists of.
Bankruptcy, very simply, is an individual’s inability to pay off their legal debts. This could constitute their secured debt (such as mortgage and automobile loans) and unsecured debt (such as credit cards and personal loans). In order for a person to legally relieve themselves of this debt, they will need the services of a Dayton lawyer or Dayton attorney.
As a side note, not many people know that their creditors can force involuntary bankruptcy upon them. You read that right, if you fail to pay your bills, you can be taken into court and forced to pay your bills, either though total liquidation, also known as a Chapter 7 filing, or a repayment plan, which is also known as a Chapter 13 filing. While there are other versions of bankruptcy, these two chapters are by far the most common in Dayton.
As this is a legal proceeding, a Dayton Lawyer or Dayton attorney will have to represent you in court. Due to the complexities of the court system, it would be impossible to complete the process without a Dayton lawyer.
Previous to the rewriting of the bankruptcy laws, a Dayton Lawyer or Dayton Attorney only played a small role in this debt relief process. Now however, a Dayton Lawyer or Dayton Attorney is forced to assume a much greater role. One of the main changes is that the lawyer must now assume responsibility for ensuring his or her clients are telling the truth when filling out the required forms. As such, many clients of attorneys have noticed an increase in the prices of the law services rendered.
In conclusion, the issue of bankruptcy is a very serious one that should be discussed with a legal professional. As such, the Dayton Lawyer and Dayton Attorney Guide recommends you contact a reputable lawyer whenever you have questions about this issue.
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Welcome to the Dayton Lawyer and Attorney Guide
The Dayton Lawyer and Attorney Guide was developed to assist the residents of Dayton, Ohio in learning about the options available to them in the legal realm.
This guide can be used as a foundational resource for learning about legal issues in Dayton. If you have any additional questions about Dayton Lawyers and Attorneys, please feel free to contact us.
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