Procedures for Selling Real Estate through Ohio Probate Estates (Part 1 – Testate & Intestate)

real_estateOur 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 ways real estate can be sold through a probate estate in a testate or intestate estate. 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

What Types of Employees Are Governed Under the Fair Labor Standards Act (FLSA)?

FLSA employeeMaking the decision on how to compensate employees is a critical step for every business. Often, this decision can be extremely complicated due to various factors unique to the employee or to the business. Having experienced legal counsel to guide your business through the decision making process is essential to making sure you get it right.

The Fair Labor Standards Act (“FLSA”)
prescribes basic minimum wage and overtime pay for employees. Assuming that an employer is subject to the FLSA or similar state law, every employee is covered under the FLSA unless they are otherwise deemed exempt. These exemptions are where most employers make mistakes in compensating their employees. Continue reading

Arenstein & Andersen Co., LPA Attorneys Eric R. McLoughlin and John C. Gerboth Selected as 2015 Ohio Rising Stars

superlawyers rising starsDublin, Ohio based law firm Arenstein & Andersen Co., LPA announced that Attorneys Eric R. McLoughlin and John C. Gerboth have been selected to the 2015 Ohio Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Continue reading

The Homestead Exemption Explained

homestead_exemptionOne of the most common questions people have when discussing bankruptcy is “will I be able to keep my house?”

In most cases, the answer is “yes.”

When you file a Chapter 7 bankruptcy, all your assets and property are subject to being taken and sold by the trustee for the benefit of your creditors. However, the law provides for a number of exemptions that will, as the name implies, exempt your assets and property from the bankruptcy estate meaning the trustee cannot touch them. These exemptions cover such things as vehicles, retirement accounts, bank accounts, personal property and homesteads. Continue reading

What is a Dower Right?

deedFor lack of a better word, dower is an “automatic” right in and to certain property provided to a spouse in the property of the other spouse, especially in death. Property includes real property and money, choses in action [a right to sue], evidences of debt [a right to repayment, like under a promissory note], and other personal property. In Ohio, dower is statutory and is found under Ohio Revised Code Section 2103.01 through 2103.09. Continue reading

Paying for a Divorce

divorce_fundWhere Can I Get Money for My Divorce?

Divorces can be extremely expensive. Your lawyer will more than likely require a retainer before starting work on your matter. Some people have lots of assets, but no liquidity. Some have little to no income or a spouse that has control of the finances. No matter what the scenario, it is important to meet with experienced domestic counsel to carefully review your circumstances and to advise you on the best course of action. Continue reading

Our Child Has Special Needs: Do We Need a Wholly Discretionary Trust?

discretionary trustMeeting with estate planning attorneys that have experience assisting clients with children, both minors and adults, with special needs and disabilities is essential to making the determination of whether a wholly discretionary trust is right for you and your family and how to best implement it as part of your overall estate plan. Continue reading

Two Simple Steps to Rebuild Your Credit After Filing for Bankruptcy

Credit Card BankruptcySo you have filed bankruptcy. You should not think of it as a horrible end, but rather an opportunity to start over. The first question people usually have is: “Now that I’ve gotten rid of my debts, what can I do to re-build my credit?”

Although it sounds counter-intuitive, the best thing to do is to get a new credit card. Credit card companies will extend you a line of credit, although it will be at a higher interest rate.

In obtaining a new credit card, make sure you do two things:
1) Get a card with a small credit limit.
2) Be sure to pay it off in full every month. Continue reading

Columbus Green Building Forum Vindicated by Ohio Court of Claims in Dispute with State of Ohio

The Ohio Court of Claims recently granted summary judgment to Columbus Green Building Forum (“CGBF”), a Columbus, Ohio based, nonprofit organization dedicated to promoting energy-efficient and environment-friendly building practices in Central Ohio. The decision overturned a 2008 audit finding by the Ohio Department of Development (now the Ohio Development Services Agency) (“Development”) and awarded CGBF damages and interest against the State of Ohio totaling nearly $57,000. The State of Ohio opted not appeal the court’s decision. The full text of the final decision of the Ohio Court of Claims can be found by clicking on this link. Continue reading

Arenstein & Andersen Co., LPA Forms “Of Counsel” Relationship with Joseph A. Downing Co., L.P.A. in Tipp City, OH

Of counsel Arenstein & Andersen Co., LPA located in Dublin, Ohio and Joseph A. Downing Co., L.P.A. located in Tipp City, Ohio formed an “of counsel” relationship on May 5, 2014 to better serve clients of both firms. The relationship also reconnects Greg Arenstein and Nick Andersen to Tipp City, Ohio, where they both practiced at the beginning of their careers.

The affiliation substantially increases the service area of Arenstein & Andersen Co., LPA and greatly increases the scope of legal services available to the clients of Joseph A. Downing Co., L.P.A. Both firms provide similar services in the areas of estate planning, probate, real estate, and business. In addition, Arenstein & Andersen Co., LPA provides comprehensive legal representation in taxation, family law, litigation, and bankruptcy. Continue reading