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An overview of probate

For many Ohio residents, probate is something that should be avoided whenever possible. However, the truth is that probate is simply a process of verifying a will and inventorying assets. It can also be a process during which a representative is appointed to oversee the estate and represent its interests until the estate is settled. Probate may also be the time when heirs are located and assets are distributed according to a will or according to state law.

It is possible for the probate process to last for many months or years. In some cases, there may be a mandatory waiting period of up to 90 days before a case can proceed. Cases may take longer to resolve if an individual contests the will or if there are other legal challenges that a judge must consider.

Ohio's intestate succession guidelines

Most people in Dayton likely understand the importance of creating a will that details how they would like their estates to be dispersed. Unfortunately, that understanding may not always be translating into action. Information shared by Gallup shows a decline in the number of American adults who have a will. Indeed, whereas 51 percent did in 2005, only 44 percent did in 2016.

Some may believe that the decision of who gets what from their estate will be left to their heirs if they do not leave such stipulations behind in a will. That is not the case. State law actually dictates how one’s estate is handled if one dies intestate (without a will).

4 steps to consider before terminating an employment contract

Dealing with a difficult or underperforming employee can be extremely challenging, and sometimes, it is appropriate to let an employee go. However, terminating an employment contract comes with its own challenges.

Telling someone that the company is terminating his or her contract can be uncomfortable, and employees do not always take the news well. In addition to being an unpleasant experience, a termination can also become a company liability if it is not handled properly. It is important to take the right steps before a termination occurs to help minimize this risk.

New bill addresses harassment claims and process

Business owners and executives in Ohio know and understand the importance of providing a workplace environment that is free of discrimination and harassment. Not only is doing this one way of complying with the law, but it may also contribute to the development of a culture in which employees can be more productive. At the same time, it is important to have laws in place to address incidents in which discrimination or harassment may have occurred.

Some people in Ohio believe that the state's anti-discrimination law needs an overhaul and it may even be a deterrent to some businesses in its current form. As reported by Workforce.com, a new bill has recently been introduced into the state legislature that aims to bring many elements of the current law more in line with corresponding federal laws and with similar laws in other states.

Retain informed representation during your probate conflict

When you have to protect your rights in Ohio probate court, there are often a number of challenges facing you. At Gottschlich & Portune, LLP, we believe that the best way to face these challenges is to be informed on all the aspects of estates in Ohio.

Our strength as litigators comes partly due to our tenacity in representing our clients, but it also comes from a broad basis of information. Below are some of the key issues in Ohio probate, along with how knowledge of them could help you get fair treatment — or prevent you from being ignored.

Business lawsuits and mergers

Business owners face a number of different challenges and they may also be presented with many different types of opportunities. Sometimes, these opportunities may lead to challenges, both from a short-term point of view and down the road. As a business owner, it is crucial to be aware of any ways in which you can grow your company and reach new heights. At the same time, you should be mindful of any potential hurdles that could arise, especially those which affect your firm from a legal standpoint. For example, a merger could lead to litigation and it may also be affected by a lawsuit.

There are multiple reasons why mergers can result in legal action. Moreover, other legal issues may come into play with regard to a merger, such as bankruptcy and a claimant’s ability to recover funds. Contract disputes and disagreements with key partners can also lead to litigation. On the other hand, some businesses may decide to cancel their plans to merge with another firm as a direct result of a difficult lawsuit.

Costly HR mistakes your company needs to avoid

Human resources are the lifeblood for any business, and HR professionals play a role in nearly every aspect of your company. Depending upon the size of a business, there may be an HR team for larger companies or one person for smaller firms, and that person may also be the owner in some instances.

HR policies connect every department and employee in your organization for recruiting, hiring and training as well as providing structure for performance reviews and salary plans, including pay raises, bonuses and terminating employees when necessary.

Men as victims of sexual harassment

Workers in Ohio and across the United States should feel safe to work in their place of employment. People should feel comfortable and able to perform their duties without fear of being harassed. Yet, sexual harassment in workplaces across the nation still continues. Although many people generally see women as the victims of sexual harassment, this is not always the case. Men too can be victimized in the workplace. However, many men are too embarrassed to report these types of incidents. 

According to the Equal Employment Opportunity Commission, there were 7,609 reported incidents of sexual harassment in 2018. Of these cases, 15.9% were made by males. This number has increased from the 11% of sexual harassment cases reported by males in 1997. The true number of sexual harassment cases is thought to be even higher, as many cases of sexual harassment involving male victims go unreported. Men may be worried that a claim of sexual harassment could ruin their reputation or job within the company. 

Ensure workers’ comp retaliation is not a part of your business

As a business owner, you are aware of the numerous behind-the-scenes expenditures it takes to keep your company running. Workers’ compensation insurance is one of these expenses. At the law office of Gottschlich & Portune, LLP, we know that workers’ compensation can be costly, especially if an employee suffered a serious injury on the job. However, it is imperative for you and other Ohio business owners to understand that discouraging or disciplining an employee for filing a workers’ compensation claim can lead to serious consequences.

Understandably, you want to keep your costs low by limiting your company’s workers’ compensation claims. You may do so by encouraging safety at the workplace and ensuring safety standards are practiced. You may also offer rewards and incentives to employees for exceeding safety standards and preventing workplace accidents. However, you and your managers should understand that workers’ compensation retaliation is unlawful. FindLaw explains workers’ compensation retaliation in the following ways:

  • Threatening to reassign or terminate employees who file a workers’ compensation claim
  • Telling injured employees they must use their own insurance
  • Falsely claiming injured employees will face legal action for seeking workers’ compensation
  • Withholding information on how to file a workers’ compensation claim
  • Penalizing employees who are injured on the job

Why should you consider creating a pet trust?

You consider your pet to be part of the family. As a family member, you’d like to make sure your pet will go to a good home in the event you pass away or become incapacitated.

If you’re interested in ensuring your pet a happy future in your absence, you might consider getting a pet trust.

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Gottschlich & Portune, LLP
201 East Sixth Street
Dayton, OH 45402

Phone: 937-802-2397
Phone: 937-802-2397
Fax: 937-824-2818
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