GENERAL 

What are our hours?

8:30 a.m. – 4:30 p.m. Monday-Thursday & 8:30 a.m. to 12:00 noon on Friday

Do you give free consultations?

Free consultations are given on personal injury cases, appropriations and probate matters only.  All other consultations are $75.00 each.  This amount will be deducted from any expenses you incur if you retain our services.

Are after hours appointments available?

Yes, arrangements can be made for after hours appointments upon request.

Do you take credit cards?

No, the firm does not accept credit cards.

Do you do general trial work?

Yes, we represent both plaintiffs and defendants, but do not represent insurance companies.

How do I evict someone?

Give a legal prior notice (3 day notice if rent is in default, or a 30 day notice if the

Landlord/Owner wants possession and rent has been paid.)  If renters have not moved after notice, an eviction suit is necessary to be filed in the municipal court.

What are the charges for an eviction?

$300.00 for uncontested cases, which include court costs; however, if the eviction is contested and there is litigation, the fees are determined on an individual basis. 

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AUTO ACCIDENT

What will I be charged?

The standard fee is 1/3 of the amount recovered plus expenses.

How long will my case take?

For a case to go to trial, it can take up to 4 years; however, it may be resolved thru a mediation or negotiated settlement at any time.

When should I see a lawyer about my injuries?

As soon as possible after the accident to be sure that your interests are completely protected and information is not lost.

If I am not injured, but the insurance company will not pay the full damage to my automobile, do I need an attorney?

In most instances, it is better to work out the difference with the insurance company than to incur the expense of hiring a lawyer, but if the difference is substantial, you may want to consult a lawyer.  If you are seeing us for your personal injury claim, we often can help you when dealing with the insurance company.

What if I cannot afford to see or keep seeing a doctor for my injuries?

If you cannot continue to pay for, or continue to see a doctor, you should consult an attorney to determine what your options are.  There are several options!

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WHEN THE STATE IS TAKING YOUR PROPERTY

Can the State take my property if I do not want to sell?

Yes

Do I have to take the money they offer?

No

What is the standard attorney fee for eminent domain cases?

1/3 of the amount over and above the original deposit, plus expenses.  In Most cases, the attorney sees that that you immediately get all the deposit.

Should I sign papers, or a right of entry before suit it filed?

No, signing a right of entry or other papers can affect your rights in an appropriation case, and you should not sign without consulting an attorney.

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REAL ESTATE

What are the general costs?

Simple Deeds - $125.00 (complicated deeds will increase this cost)

Simple Title Search - $250.00 (Title Insurance and Long term title searches cost more on an individual basis)

Simple Mortgage & Note - $250.00

Simple Contract for Sale/Purchase - $50.00

Simple Lease - $250.00

Does my spouse need to sign the deed even if the property is only in my name?

Yes, Ohio law provides a dower interest for the spouse.

What do I need to bring in to have a deed prepared?

Current Deed.

New Surveys or Plats.

A list of all outsells/gifts since purchasing the property

A complete list of names, addresses, S.S. Nos. and Phone Nos. of both the Seller and Purchaser.

Copy of current tax ticket.

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PROBATE

What should you do once a person dies?

The Executor named in the Will should call our office and schedule an appointment with an attorney.

What if there is no Will? 

A family appointment should be made, or the person who will handle the process should make an appointment with an attorney.

What do I need to bring to my first estate appointment?

See forms site – “items needed at first estate appointment”.

How long will it take to complete the estate?

Approximately 9 months, but some can be completed quicker.  However, others may take longer.

What are the fees?

Attorney fees are set by the Probate Court of Lawrence County, Ohio, and are based on the probate and non-probate assets of an estate.

Is there a reading of the Will?

No, there is no reading of the Will; beneficiaries will be notified of inheritance, and all heirs and  named beneficiaries will receive a copy of the Will.

Who should have a Last Will and Testament?

Everyone.  Sometimes not having a Will is alright, but usually it can be a problem settling the estate.

Should a husband and wife have separate Last Wills and Testaments?

Yes.  We do not suggest joint Wills.

What questions does an attorney usually ask at the Will appointment?

The attorney will ask for the correct spelling of anyone you want to name in your Will, i.e., children, grandchildren, nieces, nephews, brothers, sisters, non-profit organizations, churches, etc.  Also, who do you want to be the Executor, and Alternate Executor if the first one you chose cannot serve.

What happens if I don’t have a Will?

The Ohio Revised Code dictates how your estate is distributed; this can cause unintended distributions.

What about a Living Trust?

This is a case by case decision.  However, the Federal Estate Tax does not start until estates exceed $1.1 million.  Ohio Estate Tax does not start until estates exceed $332,000.00.  Living trusts are not as important as before tax reductions.

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 DOMESTIC

What is the difference between a dissolution and a divorce?

A dissolution of marriage is one legal process to terminate a marriage.  A husband and wife work together to determine the terms for a fair and reasonable division of their property and debts, and if there are children, deciding on the terms for parenting times, child support, child tax deduction claims, and other child-related issues.  Their decisions are then written into a legal binding agreement, called a Separation Agreement.  Both parties must participate in all phases of the dissolution, including the one necessary court appearance.  There is a minimum waiting period of 30 days before the dissolution can be finalized by the court.

A divorce is the other legal process to terminate a marriage, however, it does not require the participation of both parties.  A divorce action requires the party initiating the divorce action to allege grounds for the divorce, i.e., causes such as adultery or incompatibility.  While the parties may at some point decide to resolve their issues by agreements, a divorce may require a trial which will result in the court deciding how to divide the parties’ property and debts, and deciding the issues of child custody, etc.  There is a minimum waiting period of 42 days before a divorce can be finalized by the court, but many divorce actions take much longer if contested by the other spouse.

How much does it cost?

Our fees for a dissolution are between $400 and $600, plus the court costs.  The fees for a divorce vary, depending on the issues involved, the complexity of the case, etc.  Please feel free to call the office for more detailed fee information.

Who will get custody of the children and how old does a child have to be to “choose” between the parents for custody?

Custody is determined by the court, unless the parties are able to reach an agreement before the trial, or the parents agree upon a shared parenting arrangement.  There is no longer a minimum age requirement necessary for a child to exercise his or her preference to the court.

What does shared parenting mean?

Shared parenting is basically how you have performed your duties as parents since your child’s or children’s births, except that after the termination of your marriage, you will be performing your parental duties and obligations in a “partnership” manner rather than “husband and wife” manner.  It will be most important for your children that you and your ex-spouse work together in a partnership to decide the major life issues for your children, such as education, religion, medical issues, etc., as well as issues such as discipline, dating, driving, and all other “monumental” issues. Shared parenting will require the preparation of a shared parenting plan which sets forth you and your spouse’s terms for where the children will spend time and when, child support, medical insurance coverage, and any other matters you may believe should be included.  Most important in a shared parenting arrangement is to ensure that the child or children are provided a schedule that provides meaningful contact with both parents and fosters the parent/child relationship. 

Will I have to pay support? & How much support will I receive?   

Support is determined by several factors, including you and your spouse’s incomes, the cost of medical insurance coverage for the child/children, the expenses for child care, and the parenting schedules.  Other factors may also be reviewed by the court to determine the child support order.  We can give you an approximate amount during your first consultation at our office.

Is everything divided 50/50? 

The court decides how your and your spouse's marital assets, such as the home, cars, savings, furniture, and other things will be divided, unless the two of you can reach an agreement, before trial, which is reasonable and equitable.  

Will I receive one-half of my spouse’s retirement/pension monies?

Ohio law requires the court to divide all the marital property, and this includes the retirement benefits of the spouses.  Because there are many factors which can affect the division of the retirement, how the retirement will be divided should be discussed with the attorney during your first office visit. 

Will I receive alimony?/Will I have to pay alimony?

Alimony is now called “spousal support” and whether you will be awarded (or have to pay) an order for payment of support will be decided by the court.  The support payment is for the support and maintenance of a spouse which could be for a short term or could be indefinite.  The person asking for an order of support must submit to the court certain evidence to demonstrate “good cause" for his or her request. Again, everyone’s circumstances are different, and whether or not you will receive spousal support (or have to pay) is dependent upon many factors.  We will discuss your specific situation during an appointment if you have questions about spousal support.

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