What happens if you tell that friendly man with the nice smile that works for a company that works for another company that is building a pipeline that, no, you really don’t want a pipeline on your property? You explain, kindly, that you saw one being built on your neighbor’s land and didn’t care for the mess or that you watched the news back in 2015 when the ATEX pipeline (carrying ethane) ruptured, exploded, and melted siding on a house 2,000 feet away and are scared to have one close to your house, your children, your barns, or even your animals. The smiling man will be persistent. He will keep calling and may even stop by from time to time to see if you have changed your mind about a possible survey. “No thanks”, you continue, and eventually he will leave you alone. Continue reading
Congratulations to Attorneys G. Gregory Arenstein and Nicholas I. Andersen for being named to the 2016 Columbus CEO’s Top Lawyers List. Greg and Nick are Shareholders at the Dublin, Ohio based law firm of Arenstein & Andersen Co., LPA.
According to Columbus CEO, attorneys on the list are among an elite group of Columbus lawyers recognized for their legal abilities and professional ethical standards. This year’s list was compiled by Avvo, a Seattle based company, that rates and profiles attorneys nationwide. Avvo uses a proprietary algorithm to rate attorneys on a 10-point scale, factoring in peer endorsements as well as experience, education, training, speaking, publishing and awards. This is Columbus CEO’s eighth annual Top Lawyers feature. Continue reading
It starts with a knock at the door. A friendly man with a nice smile greets you and tells you that he works for a company that works for a company that is building a pipeline. The pipeline has a fun, friendly name like Utopia, Mariner, or Cornerstone.
The pipeline will carry petroleum and petroleum components: “Everything our country needs to keep growing!”, he will say. He tells you that your property is being considered as a possible route for the pipeline and that they would like to conduct some very noninvasive surveys. For the courtesy, they’ll even give you a few bucks. You figure: what’s the harm? Continue reading
When you are filing for Social Security Disability (SSD) benefits, here are some good things to keep in mind while going through the process:
1. Be patient
Filing for SSD benefits involves a sometimes lengthy administrative process. A claim is filed by contacting the Social Security Administration (SSA), which may be done online, over the telephone, or in person at your local SSA office. The SSA representative will ask you for information about when you became disabled, your work history and, most importantly, the medical and/or mental health conditions that prevent you from working. It is very important that this information be complete and accurate, so that SSA can thoroughly evaluate your claim. Once the SSA has obtained this information, it will transfer your claim to the Bureau of Disability Determination, an agency of the State of Ohio, which will actually process your claim, using SSA’s rules and regulations for evaluating disability. Continue reading
You suffer an injury at work or after months or years of being exposed to a chemical agent that you use at work, you realize that you have developed an occupational disease. What do you do now? Missing work loses you money and causes attendance issues on the job. Going to your doctor or an emergency room as a result of the injury brings unwanted bills and stress. Filing a workers’ compensation claim is unfamiliar and may be daunting to you. Working through a filed claim seems confusing and difficult. We can help with all of the above.. Continue reading
A tax deferred exchange or “like kind” exchange is a method of disposing of and reinvesting funds from investment or business-use assets while deferring capital gains and recapture taxes. To successfully complete a like kind exchange, timing is extremely important and the assistance of experienced counsel is highly recommended.
The like kind exchange benefits are created by Internal Revenue Code Section 1031. So the process is often called a “1031 Exchange”. Before discussing the basics of the transaction, it is important to understand the nomenclature. The “Exchanger” is the person or entity that is selling and buying like kind property. The property being sold is called the “Relinquished Property” and the property being purchased is the “Replacement Property”. Continue reading
For estate tax planning, the federal tax law change a few years back brought good news for most regular folks. At the end of 2012, the federal transfer tax (which includes the estate tax and gift tax) rules were updated. Specifically, the law increased the amount of the available (gift and estate tax) exemptions, lowered the top rate, indexed the exemptions for inflation, and made the estate tax exemption “portable” to a surviving spouse. In addition, for Ohio residents, the Ohio estate tax was repealed beginning on January 1, 2013.
With the federal estate tax exemption now over $5 million per person (and increasing every year), the vast majority of people no longer need to worry about leakage in their estate plans due to federal estate (or gift) taxes. Similarly, Ohio residents need not worry about the impact of Ohio estate tax anymore. This is all very good news for taxpayers, but it raises a few related points. Continue reading
In order to qualify for a Chapter 7 bankruptcy, a debtor must pass a means test. Simply put, the means test calculates a debtor’s monthly disposable income. This hypothetical monthly disposable income will determine whether a debtor is able to file a Chapter 7 bankruptcy or whether a debtor must file under Chapter 13. The calculation also aids in determining how much a debtor will pay creditors under a Chapter 13 if a Chapter 7 bankruptcy is not available. Accordingly, it is very important to understand how the means test works. Continue reading
According to Columbus CEO, attorneys on the list are among an elite group of Columbus lawyers recognized for their legal abilities and professional ethical standards. This year’s list was compiled by Avvo, a Seattle based company, that rates and profiles attorneys nationwide. Avvo uses a proprietary algorithm to rate attorneys on a 10-point scale, factoring in peer endorsements as well as experience, education, training, speaking, publishing and awards. This is Columbus CEO’s seventh annual Top Lawyers feature. See the full list HERE. Continue reading
Our firm is regularly asked by our clients to assist with the sale of real estate in Ohio probate court. This article provides a brief overview of the sale real estate in a probate estate through a land sale. Having experienced legal counsel to assist with the sale of real estate through estates is important for making sure that the transaction proceeds smoothly and properly.
When a person dies owning Ohio real estate that is either titled in the name of the decedent only, or is titled as tenants in common (as opposed to being titled as joint tenants with rights of survivorship), the title to the decedent’s real estate immediately vests by operation of law in beneficiaries who are entitled to inherit the real estate under the decedent’s Last Will and Testament (a testate estate). If there is no Will, the title to the decedent’s real estate immediately vests in the decedent’s heirs at law (an intestate estate). The rights of the beneficiaries or heirs to the decedent’s real estate are subject to divestment if the real estate needs to be sold to pay the decedent’s debts, or if the real estate is otherwise sold pursuant to a procedure below. Continue reading