Estate planning is a crucial process for anyone looking to protect their family and assets, but for families with a loved one who has special needs, it requires additional considerations. Without proper planning, a well-intentioned inheritance can inadvertently...
Articles
Navigating Interest Income in 1031 Exchanges: Strategic Considerations for Tax Deferral
As investors increasingly leverage Section 1031 exchanges to defer capital gains taxes, nuanced scenarios involving interest income on exchange proceeds require careful analysis. A critical but often overlooked aspect arises when interest earned on funds held by a...
When Grandparents Step In: Legal Options for Visitation and/or Custody in Ohio – Part 1
Grandparents often play a vital role in a child’s life: offering love, support, and stability. But what happens when family conflicts, parental unfitness or other difficult circumstances put that bond at risk? In such cases, grandparents may seek legal visitation or...
Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale
A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer Beware); and 2) the Ohio Residential...
Combining Membership Interest Purchase Agreements & 1031 Exchanges to Maximize Tax Efficiency in Real Estate Deals
The intersection of real estate transactions and tax strategy has long been a focal point for investors seeking to optimize returns while minimizing liabilities. Two powerful tools in this arena – the Membership Interest Purchase Agreement (MIPA) and Section 1031...
Reconciled But Risky: Can the $15 Million Exemption Make It Through Congress?
On May 12, the House Ways and Means Committee released its long-anticipated reconciliation package—an expansive tax and spending bill aimed at extending the 2017 Trump tax cuts and cementing key fiscal priorities before the TCJA sunsets at the end of 2025. Among its...
Senate Bill 38 Challenges Judicial Control Over Food Injury Claims
In response to a controversial Ohio Supreme Court ruling, State Senator Bill DeMora (D-Columbus) has introduced Senate Bill 38, which aims to put juries – as opposed to judges – in charge of determining liability when a consumer is injured by negligently prepared...
No Direction: What Liam Payne’s Estate Teaches Us About Dying Without a Will
Liam Payne’s sudden and tragic death shocked the world—but what followed should concern anyone without an estate plan. Despite a $32 million fortune, the former One Direction star left no will, leaving behind a young son, an unsupported partner and a tangled legal...
Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation
Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC, Carter-Jones Lumber Co. v. Colabianchi Construction,...
Contested vs. Uncontested Divorce: What’s the Difference?
Contested vs. Uncontested: At first glance, the distinction between these terms can seem intimidating. "Contested" may suggest a drawn-out legal battle, while "uncontested" sounds simple and straightforward. But are these assumptions accurate when it comes to divorce...