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.

Under Section 1031 of the United State Tax Code when property held for productive use in a trade or business or for investment is exchanged for the same kind of property, the capital gains can be deferred. This transaction is called an exchange because one property is being exchanged for another.

Taxes are allowed to be deferred because legislators reasoned that when a property owner has reinvested the proceeds from one sale into another property, no funds have been generated on which to levy taxes: The taxpayer's investment is still the same, only the form has changed.

As with many tax questions, claiming a 1031 exchange can be complicated, and you must properly comply with several requirements. Section 1031 requires that a qualified intermediary (QI) facilitate the property exchange. The QI cannot be the taxpayer or anyone the taxpayer has a business or family relationship with previous to the exchange. However, an attorney and/or law firm may qualify.

To ensure you are deferring taxes lawfully and not evading taxes, which is against the law, consult with an attorney at Painter & Associates. Our attorneys can help with the following issues with 1031 exchanges:

• Which types of property qualify for a “like-kind” exchange
• Which types of business can make the exchange
• If the purpose of the exchange is valid
• The time limits on how many days a property can be relinquished before the replacement property must be purchased
• What happens when you sell the relinquished property before buying the replacement property, and vice versa
• The kinds of exchanges that are allowed: simultaneous exchange; delayed exchange; reverse exchange; and personal property exchange

Again a 1031 Exchange defers the payment of taxes; it is not a tax-free transaction; however, there may be substantial tax advantages and estate planning advantages to using a 1031 exchange. Our attorneys can advise you on the tax consequences of exchanging property versus selling it and realizing capital gains immediately.

  We are always trying to educate people on why estate planning is so important for anyone regardless or age, wealth and family status. However, there are still some common myths out there about estate planning. 

A recent article in Forbes does a nice job of debunking all the myths. Read it here: https://www.forbes.com/sites/rcarson/2019/05/05/4-estate-planning-myths-that-refuse-to-die/#1a912fc24646  

Contact the experienced lawyers at Painter & Associates to start your estate planning.