> November, 2015 | Daniel F. Gigiano Co., L.P.A.
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Archive for November, 2015

Estate Planning In Ohio Can Include Annuities

Estate planning in Ohio can include annuities.  An annuity can be an effective estate planning and Medicaid planning device, if done properly.  This article will focus on annuities as an estate planning device.   An annuity is an insurance product, which does one of the following: pays you back in payments over time; pays you back when you decide to draw the money out; or pays named beneficiaries when you die.  An immediate annuity pays fixed payments over a certain number of years or over your lifetime.  A deferred annuity earns interest and dividends until you decide to withdraw the money.  Annuities are different than bank accounts, as they are not insured by the FDIC.  Some of the money is guaranteed by the Ohio Guaranteed Insurance Fund.  While the amount of gain is taxed, the original investment is not.   (more…)

Estate Taxes in Ohio

Even though the Ohio estate tax was repealed effective January 1, 2013, there are still estate taxes in Ohio.  A decedent’s estate may still have to pay a federal estate tax of 40% of the gross estate that is more than $5.34 million.  5.34 million dollars is the exempt amount that is not subject to federal taxation.  One may deduct funeral and burial expenses, payment of debts, charitable gifts, and most transfers to the surviving spouse.  One cannot exempt transfer on death or payable on death property from estate taxes.   A federal estate tax return (Form 706) does not always need to be filed.  When the decedent’s gross estate is more than the exempt amount, the return must be filed, even if it shows that no tax is owed.  Filing a federal estate tax return can allow a surviving spouse to combine his or her exemption with the deceased spouse, otherwise called a “portability election.”  If a wife inherits five million dollars from her deceased husband and files a federal estate tax return on the unused exemption, the wife would have $10.34 million in exemptions available in her estate upon her death.   (more…)

Enforcing Ohio Divorce Decrees

An Ohio domestic relations court not only has the power to issue a divorce decree, but it also has the power to enforce it.  Enforcing Ohio divorce decrees is important because, without enforcement power, the decree would simply be a list of suggestions.  The divorce court enforces its orders through its contempt power.  Typically, the wronged party files a motion to show cause as to why a party should not be held in contempt of court.  The prosecuting attorney can file a motion for contempt for failure to pay child support.  The court then sets the matter for hearing for the offending party to appear before the court and explain why he or she should not be held in contempt.   If someone is held in civil contempt of court, he or she will be given a chance to correct the situation, commonly referred to as a purge period.  Failure to purge contempt in the time allotted can result in a jail term.  Repeated contempt motions can result in longer jail terms for failure to purge contempt.   (more…)

Ohio’s Sudden Emergency Defense To Personal Injury Claims

Ohio’s sudden emergency defense to personal injury claims should be considered when pursuing and filing a personal injury case.  You can certainly bet that the insurance company and their lawyers will be considering and raising this defense if they believe it can defeat a personal injury claim.  A good personal injury lawyer always anticipates the defenses in building a case for the client.   What is the sudden emergency doctrine?  The sudden emergency defense consists of:
  1. The person was confronted by a sudden or unexpected emergency;
  2. The claimed emergency was not the result of any fault of the person or any circumstance under the person’s control; and
  3. The person exercised such care as a reasonably cautious person would exercise under the same or similar circumstances.
  (more…)

Can An Ohio Police Officer Arrest Someone Outside Their Jurisdiction?

Can an Ohio police officer arrest someone outside their jurisdiction? A police officer cannot arrest someone for a crime committed outside of their jurisdictional limits.  The question is what their jurisdictional limits are.  The state highway patrol and sheriffs or their deputies have the power to make arrests for violations on all state highways, but only for certain listed offenses.  Generally, all other police officers are limited to the area they were elected or appointed to serve.  Township police officers who are not commissioned peace officers cannot enforce traffic laws on any state highway.  Commissioned peace officers serving a township with a population of 50,000 or less cannot exercise their powers on interstate system highways.  Out of town officers hired or appointed by the local department have authority in that area for that limited time.   (more…)