Practice Areas

Area

Click the area for more information on that specific area.

Wills

A will permits a person to direct who receives their wealth and possessions when they die. It also permits a person to appoint the Executor in charge of the process and a Guardian to care for young children. A will is an essential part of the estate planning process. If a person dies without a will, then state statutes determine who receives a person’s possessions. Because the state’s selection of beneficiaries may not match what a person desired, it is important to leave a will so the decedent makes certain that he controls the determination of his beneficiaries. Typically, our office can assist a person in getting a will within a few days, but in emergencies we oftentimes draft the instrument, and travel to the nursing home or hospital, to have it signed the same day the client calls us. We have set fees for basic wills. If the will is part of a plan involving trusts, then the price is determined on an hourly basis.

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Trusts

There are four main reasons to have a trust: 1) As part of an estate plan to reduce or eliminate federal estate taxes; 2) To empower a person, called a Trustee, to handle a person’s possessions and wealth; 3) To make wealth available, under terms selected by the trust creator, for beneficiaries who need help managing it; and 4) To make the probate process easier, especially if one owns real estate outside of his home state. Trusts are custom drafted instruments. They are the most sophisticated means to address one’s estate planning. If one needs a trust, then there is no substitute for one. If one does not need a trust, then it can be an expensive and unnecessary burden. Drafting a trust is a process that usually takes weeks, but in emergencies we can take much faster action. During the first consultation, we usually determine if a trust is appropriate and quote a price range for drafting the instrument.

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Estate Planning

This is the process in which a person anticipates the effects caused by their death and puts in place the instruments to achieve, as much as possible, the results they desire. Every person, regardless of wealth level, needs an estate plan. The instruments that are essential in this process are the will, power of attorney for financial affairs, health care power of attorney, and the living will. Sometimes, a trust is appropriate, and if one shares ownership of a business, then a buy-sell agreement, which determines the terms upon which the other owners buy out the decedent’s interest, is usually a good idea. For persons that face significant federal estate taxes, then even more sophisticated planning, involving instruments like family limited partnerships, may be appropriate. During the first consultation, we explore the client’s needs and quote a price range for preparing the necessary instruments.

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Auto Accidents

If you are hurt in an auto accident and the person driving the other vehicle caused the accident, then you are entitled to compensation, such as your lost wages, medical bills, costs to repair or replace your car, the pain and suffering endured from the injuries, and if you are married, your spouse has a claim for the loss of your normal companionship, better known as a loss of consortium. As a general rule, we handle these cases on a contingent fee basis, meaning we don’t get paid unless you get paid, and we usually pay the costs to obtain the records and reports (although the client has ultimate responsibility for these costs). We have helped dozens of persons with their claims, most of which get resolved without filing suit. If necessary, though, we will take a case through trial in order to make certain our client gets the appropriate compensation. If you have been in an accident and you do not feel the insurer is treating you fairly, then we urge you to call us immediately. The sooner we get involved, the sooner we can help.

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Personal Injury

The most common form of a personal injury case is an auto accident, but one may have a claim from many other types of cases. For example, a person may slip and fall on a slippery floor, they may trip on a parking block knocked out of place by a snowplow, they could have had a surgeon improperly install an artificial hip, or they may have been sitting in a chair in their home and have a truck come through their picture window and hit them. These are a few of the personal injury cases we have handled over the years, but the means by which one may be injured due to the fault of another are almost limitless. If you or a loved one have been hurt due to someone else’s fault, then contact us. You may be entitled to compensation for your injuries.

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Wrongful Death

When a person dies as the result of another person’s negligence, or if they die due to injuries received from a defective product, then there are usually two components to the claim: the case the decedent has for the harm suffered prior to death, and the wrongful death claim that may be pursued by the next of kin of the decedent. These cases are more sophisticated then those where the injured person survives. A wrongful death case requires the involvement of the probate court, where a normal injury case does not. If your family has lost a loved one due to the fault of another person, then we can help you obtain the compensation to which you are entitled.

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Guardianship

A Guardianship is a proceeding in which a person handles the affairs of a minor or incapacitated adult. For adults, this arises when the person can no longer handle their money or personal decisions. For persons younger than eighteen, a Guardianship may be necessary to sell real estate, but most often comes about when the child receives $10,000 or more, typically through an inheritance or from an insurance company. Guardianships involving money are called a “Guardianship of the estate,” while a Guardian who handles a person’s non-financial affairs is called a “Guardian of the person.” Probate Courts oversee Guardianships with much scrutiny, thereby making the proceedings complex and virtually assuring that an attorney must represent the Guardian. Our office has handled Guardianships for adults and minors in several counties in Ohio.

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Decedents’ Estates

When a person dies owning property, then someone must take action to pay the decedent’s creditors and transfer the assets to the beneficiaries. This may or may not require proceedings in Probate Court, depending upon how the decedent owned his property. The decedent’s estate may or may not need an estate tax return, depending upon the identity of the beneficiaries and how much he owned at death. The beneficiaries of a decedent’s estate may or may not face an income tax consequence, depending upon what types of assets they inherit. Handling a decedent’s affairs well takes an attorney experienced in these matters. A skilled lawyer can minimize taxes, resolve disputes, deal with the creditors, and streamline the process. Our office has the experience to assist clients in sorting through all of these issues.

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Probate

“Probate” is the term that usually refers to the process of handling a decedent’s affairs in Probate Court, but a Probate Court can be involved in other types of cases, too, such as Guardianships, name changes, wrongful death, testamentary trusts, and adoptions. Our office is experienced in all of these proceedings and stands ready to help with any of these matters.

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Divorce, Dissolution, and Family Law

We are experienced with divorce, dissolution, annulment, spousal support (also known as alimony), child support, visitation, custody, adoption, paternity, name changes, and other types of family law. If a marriage must end, then a dissolution is preferable to a divorce because it is quicker, cheaper, does not require allegations of misconduct, and keeps court appearances to a minimum. Although an annulment can end a marriage, these are rare due to their requirement of fraud, non-consummation of the marriage, extreme duress, mental incompetency, bigamy, or underage consent. Child support is based on the wages of the Mother and Father. If child support is due, then we have experience collecting the arrearage, whether the order originated in Ohio or another state. Custody and visitation matters tend not to be as clear-cut as child support issues, with the possibility of a change in companionship rights depending heavily on the facts of the case. Paternity tends to be decided easily due to the accuracy of DNA based blood tests, but sometimes finding the father, or identifying him, can be challenging. We have dealt with these problems. Adoptions are frequently of a stepchild. In these instances, obtaining the consent of the Father is oftentimes the key issue. If the adoption does not involve a stepchild, then the consent of the Mother and the Father can be of critical importance, as well as payment of the birthing expenses. Name changes are simple procedures if the name sought is uncontroversial and the change is not motivated to escape a person’s identity. If you want more information about one of these family law areas, then a good beginning point is to see us for an initial consultation of up to one hour so we can determine the nature of the problem and quote a retainer for getting started on the case.

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Medicaid and Nursing Home Planning

This is our fastest growing practice area. With nursing homes costing $5000 a month or more, the expense can wipe out a lifetime’s savings in a hurry. Few people have insurance to cover the expense. If a nursing home stay is unavoidable and permanent, then most folks facing this situation wish to keep the wealth in their family as much as possible instead of paying it all to the nursing home. With careful planning, in many circumstances one can obtain Medicaid benefits to pay the cost of the care, yet preserve a significant amount of assets for the family. Mr. Lovett has spoken and written on these issues dozens of times to lawyers, nursing home administrators, and families. We have the experience to address the broad range of concerns posed in these cases, such as: What happens to the spouse remaining at home? What assets can be kept? What is the consequence of making gifts? How much can I give away? Who should make the gifts? Who cannot make gifts? How should all members of the family be treated? Who can be involved in the planning and who cannot participate? Can a trust be useful? What documents should we have? If gifts are made, then what are the tax consequences? If you or a loved one face a permanent nursing home stay, or you are considering assisted living, we can help you plan for these matters, and we may be able to help your family retain some of your hard earned dollars instead of spending it all for nursing home care. Call us for an initial consultation today.

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Business

Our office has set up or assisted numerous corporations, partnerships, trusts, limited liability companies, and sole proprietors. We have represented buyers and sellers of businesses, with the entities costing less than $10,000 to over $1 Million. We regularly advise clients on collections, workers’ compensation, real estate, evictions, wrongful discharge, leases, sales, and many other types of matters. We have represented banks, tool and die shops, landlords, developers, dentists, physicians, contractors, manufacturers, title agents, plumbers, dog breeders, restaurant owners, furniture store owners, churches, non-profit organizations, public entities, and many other types of businesses. We have set up condominiums and non-profit corporations, handled 1031 real estate exchanges, and obtained 501(C)(3) recognition from the IRS. Roselyn Lovett has represented some of the world’s largest employers in workers compensation matters, having appeared in over 10,000 hearings. Both George and Roselyn Lovett grew up in family businesses. George’s family was in the wholesale and retail bait industry, engaging in transactions in over 15 Ohio counties, the states of Indiana, Minnesota, Michigan, and in Canada. Roselyn’s family owned or operated a bar and restaurant, and a laundry, in Pennsylvania and New Jersey. We have a wide range of experience in all types of business dealings. If you have a business related question, then contact us immediately so we can help.

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