by Admin | Dec 2, 2015 | Uncategorized
It is always nice to be recognized by one’s peers. I was once again named a Rising Star by Super Lawyers for 2016. This is in the third year in a row I have received this recognition. Super Lawyers uses an in-depth selection process that starts with nominations and evaluations from other attorneys in the area. They then conduct independent research to further evaluate those nominated. No more than 5 percent of lawyers in a state are named as Super Lawyers and no more than 2.5 percent are named as Rising Star Super Lawyers. More information on their selection process is available here: http://www.superlawyers.com/about/selection_process.html
So for those who nominated and evaluated me, thank you.
by Admin | Nov 28, 2015 | Uncategorized
As we move into the Holiday season, it is a good time to to draft or reassess estate planning documents. Parents with minor children have important decisions to make. People generally never want to think about worst case situation of a simultaneous death of both parents, but having the discussion and drafting detailed documents is a necessity. I encourage my clients to strongly consider a living trust that provides for the care of their children and distribution of assets if necessary. In drafting a living trust, parents must consider who they would want to serve as the guardian of their children. Where would the kids live? Who would serve as the trustee of the assets? When should the children receive the assets, including life insurance proceeds? Most clients prefer their children not receive a large amount of money at a young age, such as 18 or 21. Many parents like to stagger the ages to receive the assets, such as 1/3 of the estate at age 21, 1/3 at age 25, and the remainder at age 30. But the benefit of living trusts is the flexibility available to suit your individual needs and desires.
If you are a parent with minor children, please give me a call to help you craft an estate plan that works best for your family.
by Admin | Oct 9, 2015 | Uncategorized
I am the Chair of the Cincinnati Bar Association Local Government Law Committee. The Committee meets once a month and consists of lawyers who work with city, county, and other local government bodies. We discuss topics relevant to local governments, such as eminent domain, zoning, local taxes, public records law, and public employment law.
We also host an annual Continuing Legal Education course. Our seminar this year will take place on Friday, October 16th at the CBA offices at 225 E. 6th Street downtown. More information is available at http://www.cincybar.org/calendar/2015-10/4945.
This year, we are focusing on three important and timely topics. Our first presentation will focus on recent developments in public records and open meetings law. We will then have a panel discussion entitled, “The Heroin Epidemic’s Impact on Local Governments.” We have assembled a fantastic panel with a wide breadth of knowledge and experience. Finally, we will discuss recent changes Ohio enacted to municipal income taxes.
I hope to see many familiar faces at the CLE.
by Admin | Aug 4, 2015 | Uncategorized
Who needs a will? In short, anyone with either property or kids. I have talked to many people who have the best of intentions of finally drafting a will. But it is very easy to put off drafting a will until tomorrow. Tomorrow becomes next week, which becomes next month, which becomes next year. A proper estate plan is essential for families, particularly for parents with minor children. A will is not the only document necessary. A short summary of documents necessary for most families is below. Please note that there is no one size fits all document. I encourage you to call me to tailor a complete estate plan to meet your individual needs.
When I meet with parents with minor children, I typically recommend the following documents:
LAST WILL AND TESTAMENT: a will directs the distribution of probate assets upon death. A will also identifies who the testator wants to serve as the executor of the estate. Parents also can identify who they want to serve as guardians of their minor children in the will. This is probably the most important reason for parents with young children to execute a will. The probate court will ultimately appoint a guardian for children if both parents pass away, but parents should clearly identify who they want to care for their children in the event a guardian becomes necessary.
REVOCABLE (“LIVING”) TRUST: a trust is a very useful device to manage property. Trusts can be intimidating. But the basics are not complicated. In a trust, the owner (settlor) transfers property to a trustee. The trustee manages the property for someone identified as a beneficiary. Property placed into a revocable trust is generally not subject to the probate process. Trusts provide a clear estate management plan for after the settlor’s death. Parents can also instruct that assets be distributed to their kids at staggered times. Under the Uniform Transfers to Minors Act, in Ohio, children can receive assets once they reach age 21. But in a trust, a parent can pass part of their assets once the children obtain specific ages, such as 1/3 at age 21, 1/3 at age 25, and the remainder at age 30. But trusts are also very flexible and can be drafted to suit your needs and wishes.
LIVING WILL AND HEALTH CARE POWER OF ATTORNEY: a living will allows the signer to state their intentions regarding withholding or withdrawal of life-sustaining medical treatment, including CPR, when they are no longer competent to make informed medical decisions. A living will becomes the way a person communicates their wishes when the patient is in a terminal condition and can no longer make informed decisions.
The health care power of attorney designates an attorney in fact to make health care decisions when the patient is unable to communicate his or her wishes. The attorney in fact generally has the authority to give informed consent, refuse to give informed consent, and to withdraw informed consent for any medical treatment.
DURABLE POWER OF ATTORNEY: this document is intended to cover your financial matters in the event you cannot handle them yourself. A durable power of attorney helps the management of a person’s affairs during periods of incompetence without the necessity of seeking an order from the Probate Court.
by Admin | Jul 10, 2015 | Uncategorized
I want to thank Laurie Veldhuizen and the women of Gamma Phi Beta. I recently presented at Gamma Phi Beta’s REAL Leadership Institute in Frisco, Texas. My topic was “Liability: Protecting Gamma Phi Beta.” I was joined by Laurie Velduizen, the organization’s Executive Director, and Mary Knaup, the sorority’s Collegiate Vice President.
We spoke for 90 minutes on recent court decisions impacting Greek organizations, Gamma Phi Beta’s internal social and disciplinary policies and procedures, as well as best practices to ensure safety and reduce liability. I was truly impressed with the crowd participation and thoughtful questions. Presentations are always better with a good discussion. The questions raised by the attendees were on point and very relevant.
In addition to my presentation, I also attended several other sessions. I thought the panel on Title IX and sexual assaults on campus was fantastic. All in all, it was a great weekend. So once again, thank you for inviting me to speak at the REAL Leadership Institute.
by Admin | Apr 8, 2015 | Uncategorized
I am writing a series of articles for the GCNKAA Newsletter on chronic nuisance premises ordinances. My second article, which appears in the April issue, is available on their webpage here: http://gcnkaa.org/newsletter/
The Legal Case Against Cincinnati’s Chronic Nuisance Premises Ordinance
In my previous article, I gave a quick primer on general chronic nuisance property ordinances. I also mentioned a case in which my client challenged the City of Cincinnati’s Chronic Nuisance Premises Ordinance. That case, Downtown Property Management, Inc., v. City of Cincinnati, et al. Southern District of Ohio Case No. 1:10-CV-00523, was filed in the United States District Court in 2010.
The overall aim of the City’s ordinance was to impose responsibility on the landlord for the conduct of tenants, visitors or even trespassers. Once the City determined a property was a chronic nuisance, the City would then bill the landlord for police runs to the property, even if a visitor a trespasser to the property committed the conduct. The ordinance also subjected landlords to fines or even criminal prosecution for a two-year period, starting with the date of the initial bill for enforcement.
One of the most troublesome provisions of the ordinance centered on how the City limited the number of nuisance activities permitted per property. As an example, the ordinance allowed premises with 4 units up to 14 nuisance activities. At the same time, premises with over 40 units were limited to 11 activities. Therefore, premises with only 4 units were allowed more nuisance activities than premises with 200 units. The owners of larger complexes were treated much more harshly than owners of smaller complexes.
Another troubling provision allowed the City to count police runs as chronic nuisance activities even if the police did not make an arrest. Further, the ordinance provided no clear method to appeal determinations that a property was a chronic nuisance. DPM also objected to the vagueness of the ordinance because the ordinance failed to define which specific calls would count toward a property owner’s nuisance activity.
DPM’s complaint included eight total claims, including claims for violating DPM’s substantive and procedural due process rights, and for violating DPM’s equal protection rights.
After prolonged litigation, the parties reached a settlement in December 2013. While Cincinnati denied it violated DPM’s rights, it agreed to pay $92,500 in legal fees. But more importantly, Cincinnati agreed to legislative and administrative enforcement modifications to the ordinance. The ordinance itself was amended to change the threshold levels of permitted nuisance calls for larger properties before a property could be declared a chronic nuisance. This change made the ordinance more equitable for owners of larger premises.
Cincinnati also agreed to amend its administrative rules of enforcement. These changes specified that certain classifications of calls for service would not count when determining the number of calls for chronic nuisance purposes. The City also agreed to exclude calls for service where the incident involved a trespasser, and calls that are made by the owner or owner’s agent provided that it either occurred in the presence or view of the owner or owner’s agent. Finally, the City agreed to exclude calls for service if the landlord could demonstrate that the tenant who caused the police run was evicted.
Because of these changes, owners of large premises are now treated more equitably. Further, all property owners have an ability to have numerous police runs excluded as calls for service under the ordinance. Not all police runs are automatically counted against a property owner now. This allows property owners to remove those problematic tenants and prevent the bad acts of a few tenants from having the property declared a chronic nuisance property.
The changes Cincinnati made to the ordinance and to the rules of enforcement greatly improved the ordinance. But the ordinance is still in place. In my next article, I will detail steps property owners can take when faced with chronic nuisance reports, including steps to have calls excluded and recommendations for abatement plans.
Please contact me with any questions you have concerning chronic nuisance ordinances.
