Baker, Dublikar, Beck, Wiley & Mathews North Canton Litigation Attorneys | Public Sector 2020-12-08T18:12:53Z WordPress On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[Who can lawfully contest a will?]]> 2020-12-08T18:12:53Z 2020-12-08T18:12:47Z Most people assume that anybody can contest a will, but that isn't the case. Probate laws specify that only "interested parties" may challenge a will. There are only select individuals that fall into this category.

Who has the legal standing to contest a will?

Intestate heirs or heirs who were listed in previous wills but later disinherited generally have the appropriate legal standing to contest a current will. So too do beneficiaries named in a current will, no matter whether they're the decedent's relatives such as spouses, grandchildren or kids or unrelated parties like friends and charitable organizations. Virtually anyone who stands to lose an inheritance based on the will's validity can be considered an interested party. 

Can an interested party contest a will for any reason?

Not every will can be contested. Even if a party has the legal standing of an "interested party," they still need a valid reason to contest the will. Mere dissatisfaction with the terms of a will may not give you the right to contest it. Some wills also include "no contest" clauses in them. Beneficiaries who contest wills that contain these clauses may end up disinherited if they lose their lawsuit.  Finding out that a loved one disinherited can be quite shocking -- especially if you suspect that they were unduly influenced by another heir. You owe it to yourself to see what legal avenues you can pursue to amend the situation. A probate litigation attorney can assess whether you have a valid claim under Ohio law. If you do, they can help you file a contest to the will here in North Canton. ]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[When you start a business, you should also think of how to end it]]> 2020-12-01T17:31:30Z 2020-12-01T17:31:23Z creating a business requires careful planning for the future. When starting up a business and handling the details of its legal formation, don't fall in to the trap of only thinking about success and the short-term future. You also need to plan for possible failure and the need to dissolve the business eventually in the future. Planning for the end of the company when you create it can put you in a much better position when the business has outlived its profitability or usefulness.

Will you sell the company, dissolve it or adapt it to a new purpose?

You may intend to grow the business to a certain size in order to attract investors who want to purchase a turnkey business. You could also plan to start in one aspect of a specific industry and eventually grow in to a completely different but related field. You may know that there aren't other people who will want the business after you, which means that when you retire, the business will close. Whichever approach you feel is most likely should determine how you form the company now and manage it in the years to come. You can have certain rules or expectations in place for company performance so that you know when you reach the point where selling the business or dissolving it would make sense. You can also plan to have someone else take over by carefully documenting daily operations and your role in them.

Starting a business requires looking at the big picture

Whether your company is a short-term means of growing your portfolio or the culmination of a lifelong dream, you want to handle the setup process for your new business properly. Getting legal advice and assistance with everything from business formation to succession planning can help set you and the company you develop up for long-term success. An experienced attorney can prove invaluable for identifying oversight and hoping you realistically plan for the future.]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[The risks of mineral rights sales if you farm the affected land]]> 2020-11-20T13:34:05Z 2020-11-20T13:33:58Z tempted to sell the mineral rights to their property. However, before you sign a contract, it is likely in your best interest to review the terms with a lawyer and make sure that you have adequate environmental protections and restrictions in place.

The company won't care if they damage your land

Mineral rights or oil and gas leases often involved severing the surface of properties from the mineral rights for the properties. That way, you retain the right to use the land as you see fit, while the company that buys the mineral rights can potentially profit as well from assets you can't even access. At first glance, that may seem like an ideal scenario because you don't want to lose the rights to your property. Unfortunately, it also means that the company buying the mineral rights has literally no interest in protecting the surface of the land. Unless you are careful about the language in your agreement, they could roll heavy machinery over your fields, destroying the topsoil. They could contaminate your groundwater or do any number of extraction-related activities that damage your property and its value. When considering a new oil and gas lease or negotiating terms for a renewal, especially as the farmer, consulting with an attorney and getting help with crafting terms that protect your interest in the property can be of the utmost importance.]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[The types of damages you may be able to claim after a car crash]]> 2020-11-13T18:18:32Z 2020-11-13T18:18:27Z Medical expenses You should always get a medical examination after a car wreck, even if you feel fine. Additionally, you may need to stay in the hospital for some time or go through surgery and rehabilitation. You should be able to gain back all of these costs in damages.

Pain and suffering

No amount of money can put right the physical pain and mental suffering that you had to endure. However, you can make a claim for past and future pain and suffering that you are subjected to as a result of the accident.

Lost wages

It's likely that you lost wages as a result of the car crash, therefore, you should be able to get these back, as well as compensation for the limitation of career progression potentially.

Loss of affection

If a loved one was seriously injured or killed in an accident, you may be able to make a claim. If you or a loved one has been involved in an accident, take action to gain the damages that are rightfully yours so you can focus on healing and/or the grieving process.]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[Deer season strikes again in Ohio ]]> 2020-11-13T14:44:15Z 2020-11-13T14:44:09Z If you live in Ohio, now is a great time to remember the fact that it’s deer season. Although North Canton is a city, it has plenty of rural roads. Animals on the roads are very common -- especially deer. Deer-related accidents can, and do, take lives and cause serious injuries every year. In 2019, there were over 19,000 deer-related collisions. The majority happened in October, November and December.

How can you avoid deer-related collisions?

This fall, remember that deer are likely to be out and around the roads during the dawn hours and in the evening. If you do see a deer on the side of the road, it is likely that there are others as well. Never assume the danger is passed because you've successfully evaded a lone animal. The best method for moving past them is to slow down and stay in your lane. Don’t swerve out of your lane -- even if you have to hit the animal instead. If you veer into another lane, you can end up in a head-on collision with another driver. Those can easily be much more serious than hitting a deer. If you do end up hitting one of the animals or get into a crash because of one, then try to pull to the side of the road. Turn on your hazard lights, call 911 and wait for help to come.  If you’re struck by another driver who swerves to avoid deer in the road, remember that they may still be held liable for your injuries. Deer season happens every year, so drivers need to be aware that they could be present. They should slow down and be prepared to stop if and when necessary, giving everyone around them enough time to do the same safely.  ]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[What is a loss of consortium claim?]]> 2020-11-04T13:54:46Z 2020-11-04T13:53:21Z Married Ohio residents who have been injured in an auto accident may be able to have their spouses file a separate, but related, claim for loss of consortium. These claims are generated when the victim spouse’s injuries negatively affect their relationship with their spouse to the point that this spouse also experiences damages from the wreck. In some cases, others may also be able to file their own loss of consortium claims after an accident. That’s because the term refers to the loss of services and support that the accident victim previously offered freely to their spouse and/or children prior to the accident. Especially if an accident is very serious and the victim suffers a traumatic brain injury (TBI), the level of love and emotional support that is forthcoming to their family members, such as their children, may change radically. If so, the family members deserve compensation for their losses and damages, too. Below are some damages that may be covered by a loss of consortium claim after an accident:
  • Financial losses from a lack of income generated by the injured spouse
  • Loss of guidance for children whose parent was incapacitated by the accident
  • Loss of household services, i.e., cleaning, cooking and other homemaking tasks
  • Loss of affection, in the cases where the injuries rendered the person unable to reciprocate affection from their spouse or children
  • Loss of sexual relationship for the spouse who can no longer be intimate with the injured spouse
Your personal injury attorney can delve further into this aspect of your claim to see whether filing a loss of consortium claim is appropriate in your case.]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[Here’s why you need a written partnership agreement]]> 2020-10-29T01:50:12Z 2020-10-29T01:50:06Z Partnership agreements, however, can help preserve personal relationships -- not destroy them. Here’s why you need one, even when you’re going in to business with your closest friend:
  • You need to clearly define each party’s roles and responsibilities. If you and your partner are ever at odds about a decision, you can end up in an impasse that strangles the growth of your firm. A clear agreement can help define who has the final say over any specific issue.
  • You need to protect your business from losses. If you died tomorrow, what would happen to your business and your partner? If your partner gets in to an accident and becomes disabled, would you be okay? A good partnership agreement can help you manage risk by setting expectations about what kinds of insurance each partner needs to have and other loss mitigation strategies.
  • You need to prepare for changes. Life is filled with change, so it’s not unreasonable to expect things like marriages, divorces, retirement and death. Your partnership agreement can spell out what happens to each party’s share of the business in all of those situations.
A good partnership agreement is less concerned with what is happening now and more concerned with all of the “what ifs” you and your partner may someday face. Working with an attorney can help you draft an agreement that will keep your company operating properly for decades to come.]]>
On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[What are “severed” mineral rights?]]> 2020-10-23T14:26:33Z 2020-10-23T14:26:26Z Ohio Dormant Mineral Act, property owners cannot just reclaim those potentially abandoned mineral rights without significant effort. They must try to identify the owners of the mineral rights, locate them and serve them with a notice of abandonment. The failure to do so can result in litigation. Currently, there’s litigation to settle an issue involving severed mineral rights in Ohio that could end up better defining what it means for a landowner to do their due diligence when it comes to locating long-lost owners of their property’s mineral rights. At issue is the disposition of mineral rights to 108 acres in Guernsey County that were transferred to someone else in 1965. The property owner tried to reclaim those rights in 2012 -- and the other party is now claiming that they didn’t exactly go out of their way to provide notice. Do not try to figure out the rules concerning mineral rights on your own. An attorney can help you avoid complicated litigation down the road.]]> On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[What can you do if a parent’s will showed favoritism?]]> 2020-10-16T11:57:59Z 2020-10-16T11:57:53Z You and your two siblings expected to get significant assets from your parents when they passed away, but you also expected those bequests to be equal. For the sake of simplicity, say that your parents had $1.5 million after taking care of costs and debts. You all expected $500,000, and you were counting on it to help you retire.  But is there some sort of legal obligation for things to be equal in a parent's estate? You sometimes hear about people challenging a will when it seems to show favoritism, but is that really how it works? There are two sides to this answer. First, parents can leave unequal bequests if they want -- and doing so is more common than many people realize. They could give you $1.4 million and leave just a minor fraction of their wealth for your two siblings to split. They could leave you nothing at all and divide the $1.5 million between your siblings. That is their right. Their bequests do not have to be the same for each heir.  The key thing to consider is why things are equal. That’s when you may have the grounds for a lawsuit or a challenge. For instance, perhaps your other siblings lied about you and convinced your parents to change their will right before they passed away, taking your inheritance away and transferring it to them. That could be undue influence, and it is proper grounds for a challenge.  As you can imagine, cases like this can be both emotional and complex. You absolutely need to know your rights, and it can help to work with an experienced legal team to decide what steps to take.]]> On behalf of Baker, Dublikar, Beck, Wiley & Mathews <![CDATA[You can seek compensation for all you’ve been through after a crash]]> 2020-10-13T18:33:46Z 2020-10-13T18:33:39Z seek compensation of various kinds. You can seek compensation for:
  • Disfigurement, such as if you were burned or lost an arm or leg
  • Future medical expenses, such as testing or surgeries
  • Household services, like in-home house care
  • Loss of consortium, which is the depravation of any benefits you’d have due to married life
  • Loss of enjoyment of life, which is sometimes also considered “pain and suffering”
  • Lost earning capacity, if you cannot keep the same job or work in the future
  • Lost wages from the time you could not work
  • Current and past medical expenses related to the collision
  • Mental anguish, for the stress of the collision and subsequent medical traumas
  • Permanent disability, if you cannot return to work or have an injury that leaves you permanently disabled
  • Special damages, for any losses not covered under other categories
It can be hard to know exactly how much your personal injury claim is going to be worth, but when you start to look at all those potential losses, you see how your case’s value can quickly add up. It’s a good idea to talk to your attorney early on in the situation, so that they can start putting together a claim. They will help you negotiate with the insurance company and prepare your case so that it can go to court if that becomes necessary.

Do you have to go to court over a serious injury collision?

Being the victim of a serious crash and someone with severe injuries is life-changing. Fortunately, your attorney can take over for you and work on negotiating a settlement that is fair. If a settlement cannot be reached, then it’s at this point that your attorney can discuss taking your case to court and what that may involve if you choose to pursue that option.]]>