Fewer than two out of three American adults have a will or estate plan, the lowest rate since 2020, according to a recent survey from Caring.com. The survey also revealed that 40 percent of Americans do not think they have enough assets to create a will. Having a will plays a crucial role in the probate process by providing instructions for how a person’s assets should be distributed after their death. The probate process is the legal process through which the assets and estate of a deceased person are distributed and settled by families in Northeast Ohio. The probate process can vary dependin ..read more

Making the decision to file for divorce and end one’s marriage is not where husbands and wives see themselves when they said, “I do” years before. It is the first of many decisions that parties looking to dissolve their union will have to make, and navigating the complicated waters of dissolution or divorce alone can be a challenge. That is why consulting with an experienced family law attorney at the outset of the process is essential to gain a better understanding of the legal intricacies that will impact the terms of your dissolution or divorce. You want an attorney who will work for your b ..read more

The dynamics around estate planning second marriages can be tricky with the emotions involved and conflicts among beneficiaries. For example, it is not uncommon for children from an earlier marriage to not receive inheritance from a second wife. How can you avoid unnecessary drama and hard feelings when it comes to estate planning second marriages? By taking the time to sit down with an experienced estate planning lawyer, like the team at Manning & Clair, and mapping out a legal strategy that clearly communicates your intentions with your spouse and family members to avoid misunderstanding ..read more

Seniors are increasingly becoming targets for elder abuse financial exploitation. As people over 50 years old control over 70 percent of the nation’s wealth, fraudsters are using new tactics to take advantage of retiring baby boomers and the growing number of older Americans. Senior financial abuse will cost victims at least $2.9 billion this year alone. But deceptive fraudsters are not the only ones taking advantage of the elderly. It is often family members that initiate the fraud and exploit family members. Manning & Clair recently handled a case where a family member (the ‘uncle’) pass ..read more

A power of attorney (POA) is one of the most powerful legal documents an individual can possess. Having a POA carries with it significant responsibility. If it’s in the wrong hands, it can open the door to wrongdoing. Here’s what you need to know about a power of attorney in Ohio. A Power of Attorney in Ohio In Ohio it is a legal document that gives an individual, called the ‘agent’ or attorney-in-fact, the authority to act on behalf of someone else, called the ‘principal.’ The ‘agent’ can have either extensive or limited authority to make legal decisions about the ‘principal’s’ property, fina ..read more

Eleven percent of family caregivers live an hour or more away from their elderly or ailing loved one, according to a study from AARP and the National Alliance of Caregiving. And many are caring for a family member from a distance. In this post, we’ll cover need-to-know legal considerations when caring for elderly family members. Long-distance caregivers have the same concerns and pressures as Northeast Ohio caregivers — and then some. For example, they spend nearly twice as much on caregiving as people caring for a loved one close by because they’re more likely to need to hire help, take uncom ..read more

Raising children today in Northeast Ohio can be a challenge. Between the challenges of balancing school, extracurricular activities, social commitments and the normal challenges of being a kid, parents and children are under pressure. What child custody trends are becoming more accepted? It is important that parents work together to meet the financial, physical, and emotional needs of the children. However, a divorce between the parents can throw everyday life into turmoil for everyone. Child Custody Questions to Consider Where will the children live? Do they have to change schools? Who will h ..read more

What’s mine is mine and yours is yours. That simple adage would seem to apply when it comes to dividing marital assets during a divorce. But that is not always the case. When considering Ohio divorce laws, someone may wonder whether their spouse is entitled to inheritance money, or whether they have a claim to their spouses’. Read below to better understand inheritance and divorce in Ohio and how to protect your inheritance from your spouse in divorce. Ohio Inheritance Laws As more people marry later in life, they are bringing in wealth, whether by inheritance or otherwise, into the marriage ..read more

Deciding whether to divorce your spouse can be very stressful and confusing. There can be many hard decisions you will have to make in terms of finances, living arrangements, and child custody. You may be wondering what’s the difference between divorce vs. legal separation vs. dissolution of marriage in Ohio, and which option is the right one for you? Cleveland Ohio divorce lawyers like the attorneys at Manning & Clair often answer these questions when consulting with clients. We can provide legal advice, but the decision ultimately rests with you. Divorce vs. Legal Separation The road to ..read more

For most couples, the hardest bullet to bite when terminating a marriage may be sorting out the divorce finance details. Every dollar of income earned, or asset obtained while you are married is considered a marital asset and is subject – with some exceptions – to division. Breaking out who pays what bills or who earns more is not a deciding factor in how the money is divided. The court does not look backward, it looks at your current financial situation when determining the division of assets in regards to divorce finance. Divorce Finance if You Own a Business or Real Estate If you or you ..read more