Our team is continuing to monitor the current global health crisis as the coronavirus has been dominating the headlines these last few weeks. 
 
We share your concern about the spread and impact of the coronavirus, but we want you to know that our team is available anytime if you would like to discuss how recent events may be impacting you.

• We currently remain open and are still accepting new cases.

• We have taken steps to separate the attorneys to limit the risk of infection to ensure as much as possible that at least one attorney is available to handle client needs in case other attorneys get sick.

• We will make an assessment in 24 hours on how we will handle upcoming client meetings. We have virtual technologies that can be deployed in the event face-to-face meetings are not possible. If this affects an upcoming meeting you have scheduled with us, we will notify you.

We encourage everyone to follow the preventative actions advised by the CDC to mitigate the spread of any virus and practice good hygiene hand-washing methods. We encourage you to stay up to date at: https://www.who.int/emergencies/diseases/novel-coronavirus-2019

Today’s families are not the “traditional” families like we have had in the past. Only about 35% of American families are comprised of a traditional heterosexual married couple with children.  Adult households today are comprised of:

• Blended families
• Divorced families
• Cohabiting couples
• Same sex couples
• Intentionally single parents
• Single persons
• Polyamory relationships
• Families with non-marital children

All of these categories are growing and changing. This change in the make-up of today’s families creates additional need and urgency to have an updated estate plan and will.  Don’t assume that just because you are cohabitating as a family unit that current laws and definitions are sufficient to cover everyone you want treated as a beneficiary.

So, what should you be thinking about?

• Blended families. Over 50% of families are now comprised of adults who are remarried or re-coupled. Are your stepchildren covered sufficiently in your new family plan? Do you want them to be treated equally in your plan as your biological children?  If they are not, have you thought of the emotional and financial consequences that can cause in the future?
• Unmarried partners. Some laws might not cover your partner should you not have your wishes clearly documented. Imagine your sibling having rights to your estate instead of your partner for the last 10 years because you did not express your wishes in a legal format.
• Divorced families. Are you concerned that your ex-spouse will be able to adequately take care of your children should you pass? Have you set up your estate plan to efficiently protect your assets from your ex yet still provide for your children and their futures?

There are many additional scenarios to think about when creating your will and estate plan. The lawyers at Painter & Associates have extensive experience helping non-traditional families in creating the best estate plans that work for them.

Recently, Nathan D. Painter successfully represented a client in a dental malpractice matter. The client went in for a routine crown replacement and during the preparatory work a drill burr fell off and went down the client's throat.  The client was immediately transported to the hospital and underwent a procedure three days later to have the 1 inch drill burr removed from the large intestine.  

Painter & Associates was able to demonstrate that the dentist failed to take necessary steps to prevent the drill burr from falling into the client's throat during the procedure.  As a result, Painter & Associates, was able to recover funds to pay all of the client's medical bills as well as provide the client with a high five-figure award for pain & suffering.  This recovery was made in light of the fact that the dentist failed to have medical malpractice insurance in place and had to come out of the dentist's own pocket to pay damages. 

If you or your loved one has suffered an injury, contact Painter & Associates to represent your best interest, especially before signing anything with the at-fault party or an insurance company. 

  With an active real estate market, many people like to try selling their own homes without a real estate agent.  Ohio law does not require you to hire an agent, so FSBO is completely legal.  However, before you venture on your own, you must learn the legal regulations that oversee real estate transactions in Ohio.  There are many forms to fill out, requirements about who can conduct the actual transaction and who must all sign the formal paperwork.

Some things to consider:

• State law (Ohio Revised Code Section 5302.30) requires that Ohio sellers provide buyers a disclosure form, which includes "material matters relating to the physical condition of the property" within the seller's knowledge.
• If your house was built before 1978, you must comply with federal Title X disclosures regarding lead-based paint and hazards.
• Understanding representations made in real estate contracts that could have legal implications even after the sale.
• Making sure that the piece of property is not subject to liens or other impediments that may delay or prohibit a sale of property

An experienced real estate attorney can help you draft a lease agreement if you plan to rent the home back for an extended period of time after the home closing. An experienced attorney can also help if problems show up on the title report.  Painter & Associates have helped numerous FSBO clients navigate the process of selling real estate in compliance with the law all the while avoiding high, and sometimes unnecessary, realtor fees.

If you are thinking of selling your home ‘For Sale By Owner,’ contact the experienced real estate law team of Painter & Associates.

Many of our clients start as an estate planning client, but then come to us for additional help as issues arise.  One of our long-term clients was hit by a semi-truck. The client had to be removed from her car with the jaws of life and life flighted to the local hospital. She suffered significant injuries to her back and neck. Painter & Associates was able to recover the policy limits from both the at-fault party's insurance and the client's uninsured motorist/underinsured motorist (UM/UIM) coverage for a total settlement of $225,000.   

No one ever wants to get in a car accident, but if you do, we can assist you in the recovery process. We can help you recover lost wages, as well as help pay for medical expenses. We will be there for you every step of the way for your legal needs. Contact Painter & Associates today if you have been injured in a car or truck accident.

Recently, Painter & Associates represented a client in a car accident case where the client was t-boned on the driver's side.  The impact of the crash caused our client's artificial knee to loosen to such an extent that she required surgery to repair and replace part of her artificial knee. This, of course, brought additional pain and required physical therapy and recovery time.  Painter & Associates was able to recover a settlement in the amount of $180,000 that covered the costs of the procedure and provided for our client's pain and suffering. 

An automobile accident can turn your life upside down. Your injuries could affect your ability to do your job as well as cost you thousands in medical bills.  You have the right to seek compensation for the serious losses you have experienced through a personal injury case that holds at-fault parties responsible for their actions.

Contact Painter & Associates if you have been injured in a car accident. 

Recently, Gov. Mike DeWine signed into law Senate Bill 57. The law makes hemp a legal crop for Ohio farmers to cultivate and process.  Further, the law allows the Ohio Department of Agriculture to create an administrative program and licensing structure for farmers who are interested in growing the crop and those interested in processing it.

Under the new law, it is now legal to sell CBD products in Ohio; however, the Ohio Department of Agriculture is charged to ensure that CBD products are safe and correctly labeled.

Further, the Ohio Department of Agriculture is in the process of developing a license structure to allow farmers to cultivate hemp.  Details of the process are currently being developed, along with rules and regulations.  The goal, however, is that the licenses will be available in time for farmers to plant a crop in Spring 2020.

Painter & Associates is in the process of helping several businesses be positioned not only to sell CBD and related Hemp products in Ohio, but also to begin cultivating it in the Spring of 2020.

Please contact an attorney with Painter & Associates to assist you with your Hemp-related business needs.

The adoption process can be a mixture of emotions. One moment you can be very excited about the possibility and the next filled with anxiety about all the steps you might have to take.  Having a lawyer to help guide you through the process and paperwork will help you not miss any important steps and will keep the process moving along more smoothly.

We can help you navigate through the adoption process during the following areas: 

Vetting Process
Married couples must be married for at least one year prior to the adoption.

The minor to be adopted must live with the adopting parent(s) for at least six months before the adoption can be finalized. 

Adopting parent(s) and any other adults living in the home must complete a local and federal criminal background check.

An adoption agency may have additional requirements such as a home study and education training.

Keeping Things on Track
An adoption is a multi-step process where things need to happen in succession for it to move forward. 

The adoption process begins with the submission of a petition to adopt and supporting documents to the county Probate Court.

The Probate Court will set a hearing date and appoint an assessor to provide the court with a written report.  The assessor may, among other things, visit the home, interview the adopting parent(s) and relatives, and require character references, a personal statement, a statement from your medical provider, financial statements, and fire inspection. 

Additional paperwork may be required to be filed with the local Probate Court prior to the hearing date, such as consents to the adoption, divorce paperwork, and an accounting of the funds spent for the adoption.  

At the hearing the Judge will be looking for evidence that the placement of the minor child with the adopting parent(s) is in the best interest of the minor child.  If the adoption is approved, a Decree of Adoption is issued.

The certified Decree of Adoption allows the adopting parent(s) to have the child’s original birth certificate sealed and a new birth certificate issued.  

Presence in Court
Adoptions require your presence in court. Legal counsel will be important to help you communicate with the courts effectively. 

Managing Parental Rights

Once the adoption is finalized parental rights or responsibilities for the child belong to the adoptive parent(s).  This means that the adoptive parent(s) has rights to custody and control of the child, including child support in the event of a divorce or dissolution. 

If you are thinking of adoption, contact the lawyers at Painter & Associates.

While the rate of divorces are down, especially among younger couples, the divorce among those couples 55 years of age and older are on the rise.

"Gray" divorces present a uniques set of circumstances for divorcing couples. While children may have left the household, older couples face the looming prospect of fixed incomes, eventual retirement and less time to work to build a career or a nest egg for retirement.

Painter & Associates have helped numerous individuals 55 years of age and older go through the divorce process and overcome the unique set of circumstances that they face.

If you are contemplating a "Gray" divorce, contact Painter & Associates for your legal needs.

Planning for the future can be hard for many, but it's so important to speak up about your wishes after your death.  We found this great TEDxColumbus talk by an expert in hospice care. Cathe explains most simply that talking about death will ease your relatives from the pain that occurs at death, but actually planning it will not kill you. 

Your estate plan and will can spell out exactly what you expect after your death, so that you can feel peace that your wishes are carried out the way you want. Planning in advance lifts the burden from your loved ones during a difficult time.