What is a Breach of Contract and Do I Need a Lawyer?
Hoover Kacyon
Jan 11, 2022

A breach of contract is a legal dispute between two or more parties where there has been a failure to complete the agreed-upon terms of the contract. It is important to be sure when entering into a contract that you read the language carefully, in some cases you may even want to have an attorney review the contract, to ensure that you fully understand and can fulfill your obligations.


When there is a question about whether a contract has been breached we must first ask if a legal contract existed. A contract is an agreement between any two mutually consenting parties. The two parties must be of sound mind and of legal age to enter into a contract. Next, we need to know what obligations were required of each party and were those obligations legal. We need to know if any modifications were made to the contract and if those modifications were also agreed upon by all parties. Then we can evaluate if a breach occurred to the contract and what, if any, damages occurred as a result of the breach.


There are two types of breaches that can occur, material and minor. A material breach is when one party fails to perform some aspect of the contract and the result is substantially different from the agreed-upon service or goods. For example, if you purchase a cookbook from an online merchant and they send you a golf club, that would be considered a material breach. A minor breach is when a service or good is received, but failure has occurred with some other aspect of the contract such as a deadline. For example, if you ordered a cookbook for an online merchant and they guarantee you will receive the cookbook by December 1st, but they don’t ship the cookbook until January 19th, that would be considered a minor breach.


Contractual language can often be full of legal verbiage that you might find confusing. If you have any questions regarding any agreement. You should contact an attorney to protect yourself before entering into a contract.


If you feel that you are owed damages as a result of a contract breach or if you are being accused of breaching a contract the corporate lawyers at Hoover Kacyon can provide you an initial consultation to evaluate your case. Contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.


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By Hoover Kacyon 05 Mar, 2024
When you establish your child's paternity, you legally protect everyone involved. In the eyes of the law, the father has the right to be part of the child’s life and upbringing. The mother has the right to pursue child support from the father. When you determine paternity, the child has emotional and financial support from both parents. Location and Laws Unmarried mothers and fathers go to juvenile court to handle paternity, custody, visitation, or child support in Ohio. Whether married or unmarried, the laws are the same. However, the location for court rulings differs if the couple is unwed. Unmarried Mothers’ Rights An unmarried mother is automatically granted statutory custody of her child when she gives birth. Sometimes, it may be suggested that she file for court-ordered legal custody. Taking this step can show her commitment to her role as custodial parent. Without that step, the mother and father will be treated equally in the eyes of the court should the father pursue custody. Fathers’ Rights If an unwed father fails to establish paternity, he has no legal rights to that child. His opinion has no sway over decisions about education, medical care, and religious upbringing. He cannot access the child's health or school records or something as simple as signing a permission slip from school. If he is seeing the child’s mother and the relationship ends, she can pick up and leave with the child without his approval. So much hinges on being proactive, and the importance of establishing your child's paternity is undeniable. Understanding the benefits for all parties and taking each necessary step for legal protection should be a priority. Hoover Kacyon, LLC, is a trusted partner in child custody and paternity legal matters, delivering results through our unwavering dedication, vast experience,and proven track record in litigation and appeals. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody and paternity cases. If you need assistance,know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 08 Feb, 2024
A first-time offense can seem scary. That fear is mainly because you don’t know what to expect. Here's some of what you should know about OVI penalties as a first-time offender. Financial Sanctions For a guilty plea or first-time conviction of an OVI (operating a vehicle under the influence), you may receive a fine between the minimum of $375 and the maximum of $1075. On top of that fine, you may also be required to pay an administrative fee of $475 to reinstate your driver’s license. Should the judge order you to attend a Driver Intervention Program, in most cases, you will also be required to bear the cost of that intervention program. Jail Time The alcohol legal limit for an OVI offense is between .08 and .17 BAC (blood alcohol content). A conviction usually means three days in jail or three days of a Driver Intervention Program, which is a 72-hour program approved by the court for drug and/or alcohol treatment. If you are convicted and exceed the .17 BAC level or refuse a breath test with an OVI conviction within the past 20 years, the judge can order you to serve a total of six days in jail or three days of jail time and three days of a Driver Intervention Program. Driver’s License A first-time conviction will lead to the judge classifying a Class Five license suspension. With that Class, you’re facing a suspension of at least twelve months to up to three years. However, occupational driving privileges become available to you 15 days from the date of your arrest. As a student, these driving privileges may include driving to and from school but are dependent on Judge approval and can vary from Court to Court. For a conviction of an OVI with a BAC over. 17, the judge may have you put yellow license plates on your vehicle or install an interlock device prior to granting driving privileges. If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 26 Jan, 2024
Once you receive the terms of your divorce decree, you may not like everything you read. Should that be the case, you have options. Appeal or Object If a magistrate issued the decree, you need to file an objection before you can appeal. You have 14 days to file an objection. If a judge issued the decree, you have the right to file an appeal or a motion for relief from the judgment. You have 30 days to file your appeal. Follow Detailed Procedure When you appeal or object to a divorce decree, you must adhere to the specifics for either option. With an objection, you need to write it with detailed accounts of what you believe to be errors in the decision. You also need to include the trial transcript. The court can adopt, reject, or modify the decision without a hearing based on your objections. An appeal needs to follow appellate court rules. Each appellate court has its own rules to “perfect” an appeal, which you must strictly follow so your appeal doesn’t get dismissed. The appeal needs to have the decree attached, a docketing statement, a written order asking the clerk to provide the trial record (referred to as a “praecipe”), and a notice about praecipe in place. You must pay the filing fee when you file the documents. The court will issue a notice with deadlines to submit appellate briefs. These briefs should contain your side of the facts and arguments about what you think should be reversed. Your ex-spouse will have the same opportunity. Then, you both may present your arguments to a panel of three appellate judges. Other Options Even after the appeals process ends, the court may change its decision in response to your “motion for relief from judgment.” You may file this motion if: A mutual mistake to a fact in the case happens by both parties, your rights are affected by not paying careful attention to the divorce proceeding, unexpected and unpredictable surprise occurs that you could not have protected yourself against, or excusable neglect under the situation New evidence emerges that wouldn’t have come to light in time for a new trial Other party’s misrepresentation, fraud, or misconduct Any other reason justifying a decision change You must file your motion within a reasonable time, but only up to a year post-decision filing date. There’s no time limit if the reason is “any other reason” that justifies changing the decision. If you want to legally terminate your marriage or seek advice regarding your rights, we encourage you to contact our Akron, Cuyahoga Falls, or Fairlawn divorce attorneys at Hoover Kacyon, LLC. They are ready to assist you in scheduling an appointment to discuss the possibility of divorce (or terms of your divorce decree) and what it will entail. If you have been served with divorce papers by your spouse, acting promptly and securing legal representation is crucial. You must meet specific court-mandated deadlines, and by contacting us at 330-922-4491 or reaching out to us online, we can swiftly arrange an initial consultation for you.
By Hoover Kacyon 17 Jan, 2024
When you’re in the depths of grief, bills are the last item you want to think about. Yet, those bills will come anyway and must be addressed sooner rather than later. Preparing so you know what to expect can alleviate some of the stress. Responsible Party for Bills For anyone who passes, the “estate” is responsible for any outstanding bills. If a will exists, the executor should collect property to pay debts and distribute any remaining balance to the will's beneficiaries. Ohio law states that the court will appoint an administrator to collect, pay debts, and distribute the remainder if no will is in place. This administrator is usually a family member. The administrator or executor representative will likely take care of funeral and burial arrangements. Ohio law does allow a special representative to be authorized through a document to handle the funds for the funeral and make arrangements if desired. Estate Dries Up If debts exceed assets, the representative can request the court to deem the estate insolvent. Creditors must reach out to the representative within six months of the death. A court hearing following that period will help the representative decide how to pay the debts accordingly. The debts will be allocated by class for the order of priority on who gets paid in full and the amount each other will receive. Once organized and paid, receipts will be submitted to the court, and the estate will be closed when the court approves everything. Other Important Information If no one wishes to act as a representative, a creditor may request the probate court to appoint them, or the court may choose an independent attorney or someone willing to serve. Most non-probate property is only subject to creditors’ claims if offered as security for a loan. The deceased’s spouse may be responsible for any joint debt like credit cards and if anyone provided necessities to be paid back like food, shelter, or health costs. How Can I Prepare for My Future Costs? To ensure your family is taken care of upon your death, you can buy a pre-need burial contract to cover your funeral and burial costs. Set aside enough money to pay off your debts, and purchase life insurance now at a reasonable amount. If bill payment is a concern, the policy beneficiary should be your estate. Those funds are only obligated to be used for bill payment if the beneficiary will be your estate representative or you have made arrangements with the beneficiary to pay your debts with the insurance money. The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your property and assets are transferred to the people you desire and that your bills are properly tended to when you are no longer here to do so yourself. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 09 Jan, 2024
When you choose to get behind the wheel while under the influence of alcohol or drugs, the state of Ohio has specific charges you may face. DUI, DWI, or OVI are common charges with their own implications. Let’s help you understand the difference between each. DUI DUI stands for Driving Under the Influence. You can be charged with a DUI if your BAC (Blood Alcohol Concentration) exceeds the legal limit of 0.08, although the term is no longer used in Ohio. While it’s normally classified as a misdemeanor, a DUI can be considered a felony when you cause: Property damage Injuries Loss of life DWI The term DWI refers to Driving While Intoxicated or Driving While Impaired. Basically, it means the same thing as a DUI. Being charged with a DWI just means you chose to operate a vehicle while impaired by drugs or alcohol. This charge is also not used in Ohio much, if at all, anymore. OVI OVI means Operating a Vehicle Under the Influence. As of 2004, Ohio prefers to use this term. It adheres to the DUI standards that you can be charged with an OVI if your BAC exceeds the legal limit of 0.08 while you operate a vehicle. One of the big differences between an OVI and a DUI is that the person does not need to be actively driving the vehicle to face charges. Even if you sit in an idling or parked car while under the influence, the charges can stick. Details Ohio follows “implied consent,” so refusing a chemical BAC test means automatic license suspension and a mandatory fine. If you have no prior drunk driving record, then it’s possible to reduce your charge through a plea bargain to several other offenses with less restrictive penalties. If you need representation and someone to guide you through the DUI/OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 21 Dec, 2023
As you celebrate this holiday season, imbibing in a little extra alcohol tends to follow suit. You should have fun and enjoy the festive times, but you could be in trouble if you aren’t careful. In a recent Christmas and New Year’s period, the U.S. Department of Transportation recorded 209 fatalities because of DUI-related accidents. Here are some tips on how to avoid a DUI during the holidays. Plan Accordingly Drinking often impairs judgment. If you prepare for instances where you will be consuming alcohol, you won’t get behind the wheel where your sobriety is questionable. Plan far enough ahead that you know who will be your designated driver and the potential timeline for the night. Should a designated driver not be possible (or reliable), have a different option like a taxi or an Uber. No one needs to miss out on any fun, but you’ll still ensure all members of the party get home safely and responsibly. Know Limits Your BAC level needs to remain under the legal limit. If you can, know how many drinks that equates to before you exceed your blood alcohol level. Some apps can help determine where you’re at, but they’re not foolproof. Always err on caution if you’re unsure whether or not you overindulged. Be Responsible If you haven’t eaten, get some food on your stomach before you pick up a drink. The food helpsslow the absorption of alcohol into your bloodstream. Eat before you go to any celebrations, and snack while you drink. Consider drinking water between alcoholic beverages as well since the alcohol dehydrates your system. While drinking games may be fun, they tend to lead to overconsumption, so perhaps stick to regular games so you can watch your alcohol intake a little more carefully. If you need representation and someone to guide you through the DUI/OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 20 Dec, 2023
When you separate and get a divorce, it can often feel like you want to cut ties completely. Having a child together takes that option away. Co-parenting becomes your new reality, and that new reality can be complicated. Take these 10 helpful tips for co-parenting to guide you through the novel territory. Communicate While it may be a habit to schedule things as you would any other time, informing the other parent of any more significant time commitments, such as trips, is a good idea. You can avoid conflict by showing a little consideration (which will encourage reciprocation). The other parent may schedule outings that would be helpful if shared with you, too. Plan When making arrangements and scheduling events or activities, it is best not to wait until the last minute. Allowing the other parent to contribute thoughts and work with you on plans will be helpful. Not everything can be planned ahead, but as much as possible will smooth out many co-parenting issues and account for being fair and sharing time well. Compromise Co-parenting often involves learning when to let some things go and when things are important enough to ask the other party to let go. Being flexible means you can accommodate each others’ unexpected needs. Put yourself in their shoes in certain situations. Cooperate A habit you don’t want to get into is trying to buy your children’s love after a divorce. It’s not a competition, so finding some common ground may be necessary. For some things, like birthdays or holidays, you could even cooperate and coordinate on a gift. Prioritize Despite the marriage not working out, your kids are still the most important factor. Prioritize their feelings, wishes, and best interests when considering schedules and plans. The children deserve to know both sides of their families, and both parents deserve an active role in their children’s lives. Understand Brace yourself. Things will be different now. Holidays may look a little different than you originally expected. Try to be more flexible and understanding as you navigate co-parenting with the other parent so you both can acclimate to the changes from the idea you had in your head at one time. Prepare Not only are you going through adjustments, but so are your kids. Help them with the changes by informing them of schedules and what’s happening so they aren’t surprised at the last minute. Communicate with them to ease the transition instead of feeling thrown into the mix. Receive Allow yourself to try new experiences. If there’s something you’ve always wanted to do, take the time your kids are at the other parent’s house to learn a new skill, pick up a hobby, or try something else. It can pass the time while the kids are away and give you a new focus away from co-parenting. Positive Silver linings and seeing the positive in situations can make co-parenting a little easier. Taking focus away from the negative creates a better environment for you to find a new sense of happiness from what brings you gratitude and joy. Take moments to prioritize your mental and physical health during the stressful times. Assistance Even if the co-parenting seems to be going well, circumstances may cause conflict. Finding a family attorney or mediator could be a good option for resolving any issues you cannot agree on otherwise. If necessary, the family attorney or mediator can take matters to the court so a judge can decide. Let those avenues be better than escalating a situation for all involved . Hoover Kacyon, LLC, is a trusted partner in family legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of family law cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 07 Dec, 2023
When one or more spouses have a high net worth, the legal dissolution of the marriage would be considered a high-asset divorce. Protecting the couple’s wealth and assets becomes a unique issue to address in these types of divorces. While it may be similar in some ways, there are many ways high-asset divorce differs from “traditional” divorce. How It’s Similar Some of the most shared traits between a high-asset divorce and a “traditional” divorce are: Dividing marital property fairly Setting spousal support payments Providing both spouses with what they’re entitled to receive How It’s Different One of the most obvious differences between a high-asset divorce and a “traditional” divorce is the number and value of the assets present in the case. Complex asset valuation and figuring out legal ownership come into play with high-asset divorce. Assets might be: Real estate Business interests Investments Intellectual property Other high-financial-value items Be aware that intangible assets may also be part of the separation amount. These intangible assets may include: Retirement accounts (401ks or IRAs) Stock options Deferred compensation Other items Settlement negotiations also tend to be a bit more complicated in a high-asset divorce as opposed to a “traditional” divorce. Dividing high-asset wealth to fairly compensate each party takes more work due to the sheer amount involved. Having a legal team in place that understands the tax laws that may impact asset distribution is also paramount to the case. As mentioned, a high-asset divorce commonly has a team of legal and other experts like tax attorneys and financial advisors to help navigate the split properly and fairly for both soon-to-be ex-spouses. Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you are protected and your future. No matter how complicated or complex your divorce might be, the Summit County, Hoover Kaycon Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 06 Dec, 2023
Congratulations! You’ve decided to adopt a child. You probably now realize that adoption can be tricky. Let us help you navigate some of the most frequently asked questions about adoption in Ohio below. Are there any age restrictions to adopt a child? Yes. You must be at least 18 years old to adopt a child in Ohio. When adopting from a private agency, do you need to hire legal representation? No, it’s not a requirement. However, having an attorney present may be in your best interest. Discuss the option with the private agency to see if you should consult a lawyer. Do you receive tax credits or subsidies as an adoptive parent? Yes, you do. State and federal financial assistance programs are available. Federally, parents are eligible for subsidies and tax credits for qualified adoption expenses such as adoption or attorney fees. The state of Ohio offers different Adoption Subsidy Programs , too. A grant program has also been put into place for Ohio as of April 7, 2023. Can one attorney represent both the adoptive parents and the birthparent? Each party should have its own attorney to ensure both the adoptive parents and the birthparent have individualized legal advice without conflicts of interest. What are our options if the contract agreement is unfulfilled by the biological child’s adoptive (or foster) family? Not fulfilling the terms of the agreement can create challenges for the families involved. Ohio has no legally binding agreements for openness or contact once families finalize an adoption. However, concerns about foster families can be brought to the attention of the welfare agency in charge of the child. What rights do putative fathers have? The Ohio Department of Job and Family Services maintains the Putative Father Registry (PFR) database. Men can register with the PFR during the pregnancy or 15 days post-delivery of a child if they believe they are the father. Registering allows them to be notified if the child is placed for adoption. Where do families find legal support for finalizing papers? The local community legal aid clinic may be able to provide legal assistance to low-income families looking to adopt. What is kinship care, and what legal choices exist for families with that option? If a child’s parents are unable or unwilling to care for them full-time in Ohio, then kinship care may be a good alternative. Depending on how much cooperation you have from the child’s parents, the legal path for kinship care may need to establish legal custody or guardianship, a relative foster care placement, or a kinship adoption. What legal steps can a family take if they feel misled through options? First and foremost, families should contact their attorney immediately if they feel misled about their options. Adoption fraud varies for legal remedies. Individual circumstances will direct the path to take, and acting swiftly will offer the greatest chance of a favorable outcome. The attorneys at Hoover Kacyon, LLC understand that choosing adoption lawyers and adoption agencies is paramount to our clients. We don’t take that lightly and are prepared to assist our clients through every step of this process, wherever our clients may need us. Make the process easier on yourself, maintain a reasonable timeline, and never miss a qualifying piece in your adoption journey by hiring an attorney. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

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By Hoover Kacyon 26 Jan, 2024
Once you receive the terms of your divorce decree, you may not like everything you read. Should that be the case, you have options. Appeal or Object If a magistrate issued the decree, you need to file an objection before you can appeal. You have 14 days to file an objection. If a judge issued the decree, you have the right to file an appeal or a motion for relief from the judgment. You have 30 days to file your appeal. Follow Detailed Procedure When you appeal or object to a divorce decree, you must adhere to the specifics for either option. With an objection, you need to write it with detailed accounts of what you believe to be errors in the decision. You also need to include the trial transcript. The court can adopt, reject, or modify the decision without a hearing based on your objections. An appeal needs to follow appellate court rules. Each appellate court has its own rules to “perfect” an appeal, which you must strictly follow so your appeal doesn’t get dismissed. The appeal needs to have the decree attached, a docketing statement, a written order asking the clerk to provide the trial record (referred to as a “praecipe”), and a notice about praecipe in place. You must pay the filing fee when you file the documents. The court will issue a notice with deadlines to submit appellate briefs. These briefs should contain your side of the facts and arguments about what you think should be reversed. Your ex-spouse will have the same opportunity. Then, you both may present your arguments to a panel of three appellate judges. Other Options Even after the appeals process ends, the court may change its decision in response to your “motion for relief from judgment.” You may file this motion if: A mutual mistake to a fact in the case happens by both parties, your rights are affected by not paying careful attention to the divorce proceeding, unexpected and unpredictable surprise occurs that you could not have protected yourself against, or excusable neglect under the situation New evidence emerges that wouldn’t have come to light in time for a new trial Other party’s misrepresentation, fraud, or misconduct Any other reason justifying a decision change You must file your motion within a reasonable time, but only up to a year post-decision filing date. There’s no time limit if the reason is “any other reason” that justifies changing the decision. If you want to legally terminate your marriage or seek advice regarding your rights, we encourage you to contact our Akron, Cuyahoga Falls, or Fairlawn divorce attorneys at Hoover Kacyon, LLC. They are ready to assist you in scheduling an appointment to discuss the possibility of divorce (or terms of your divorce decree) and what it will entail. If you have been served with divorce papers by your spouse, acting promptly and securing legal representation is crucial. You must meet specific court-mandated deadlines, and by contacting us at 330-922-4491 or reaching out to us online, we can swiftly arrange an initial consultation for you.
By Hoover Kacyon 17 Jan, 2024
When you’re in the depths of grief, bills are the last item you want to think about. Yet, those bills will come anyway and must be addressed sooner rather than later. Preparing so you know what to expect can alleviate some of the stress. Responsible Party for Bills For anyone who passes, the “estate” is responsible for any outstanding bills. If a will exists, the executor should collect property to pay debts and distribute any remaining balance to the will's beneficiaries. Ohio law states that the court will appoint an administrator to collect, pay debts, and distribute the remainder if no will is in place. This administrator is usually a family member. The administrator or executor representative will likely take care of funeral and burial arrangements. Ohio law does allow a special representative to be authorized through a document to handle the funds for the funeral and make arrangements if desired. Estate Dries Up If debts exceed assets, the representative can request the court to deem the estate insolvent. Creditors must reach out to the representative within six months of the death. A court hearing following that period will help the representative decide how to pay the debts accordingly. The debts will be allocated by class for the order of priority on who gets paid in full and the amount each other will receive. Once organized and paid, receipts will be submitted to the court, and the estate will be closed when the court approves everything. Other Important Information If no one wishes to act as a representative, a creditor may request the probate court to appoint them, or the court may choose an independent attorney or someone willing to serve. Most non-probate property is only subject to creditors’ claims if offered as security for a loan. The deceased’s spouse may be responsible for any joint debt like credit cards and if anyone provided necessities to be paid back like food, shelter, or health costs. How Can I Prepare for My Future Costs? To ensure your family is taken care of upon your death, you can buy a pre-need burial contract to cover your funeral and burial costs. Set aside enough money to pay off your debts, and purchase life insurance now at a reasonable amount. If bill payment is a concern, the policy beneficiary should be your estate. Those funds are only obligated to be used for bill payment if the beneficiary will be your estate representative or you have made arrangements with the beneficiary to pay your debts with the insurance money. The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your property and assets are transferred to the people you desire and that your bills are properly tended to when you are no longer here to do so yourself. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 14 Sep, 2023
Divorce disrupts your life in many ways. When you’ve been married many years, transitioning to a single-income household can deplete your savings, too. Being close to retirement means you must take steps to avoid making your life harder in the case of a dissolving union. Assets Inventory One partner is usually more versed in the finances than the other. Make sure you have a good understanding of bank accounts, retirement accounts, investments, life insurance, and any other assets you hold. Keeping House Keeping your home may seem less disruptive, but consider all the angles first. You need to be able to cover the mortgage costs plus maintenance on the property. Know Debts Getting a credit report can help you discover any joint payment responsibilities you may be liable for half of when you split. The report ensures you have each one accounted for without surprises during the divorce. Tax Consequences Remember that every decision you make during divorce proceedings has tax implications. Having that in the forefront of your mind will help dictate your decisions. Health Insurance If you’re on your soon-to-be ex’s health insurance, look into your options now. Another cost to ensure you can cover for yourself. Through an employer, COBRA for up to 36 months, or the Affordable Care Act, put that on your list to ensure you handle it. Retirement Funds Placing your portion of a retirement fund into an IRA is subject to 10% tax. Establishing a QDRO (qualified domestic relation order) can help that process, allowing a one-time withdrawal without the standard tax. Supporting Others Others often rely on you, whether friends, grown children, or other family members. Watch your income and protect your future as a priority so you know when you have the means to help others. Hiding Assets The temptation to hide assets so it looks like you have less than you do may be high, but the legal troubles this could cause would not be worth the attempt. The settlement for your spouse could increase in assets, you could receive a contempt-of-court ruling, or you could face perjury or fraud charges. Underestimating Expenses You may need to create or adjust your budget now that you will no longer have two incomes to pay your bills. Factor all that in so you don’t find yourself in a bind when payments are due. Divorce Advisors The cost of the advisors comes from the settlement you receive, so bear that in mind. Stay on top of what they are spending for you so you aren’t taken by surprise as they charge by the hour each time you consult their expertise. Future Pension Any part of a pension earned during a marriage is part of the assets. You can receive a share of future benefits, present or offset value, and any combination of those two may be factored into the divorce. Professional Team The minimum you should have is a divorce lawyer, but you are entitled to an entire team of professionals to help you through your dissolution. Check credentials and do your due diligence before hiring anyone so you have the highest quality of service possible. Hiring a law firm familiar with divorce proceedings and splitting of property will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 13 Sep, 2023
When you believe a judge has made a mistake in a case, you would ask a higher court for an appeal where the higher court judge reviews the judgment. You have an appellant (litigant who filed the appeal) and an appellee (litigant the appeal is filed against). The “record” is reviewed by the higher court to see if the lower court judge made a mistake that needs to be corrected. Other terms for the higher court include: court of appeals appellate court supreme court Important Reminders: Your case must have a final ruling for an appeal to be filed. As an exception during an ongoing court case, an “ interlocutory appeal ” may be filed to appeal the judge’s decision on an issue. While you wait for the appeal process, the court order still goes into effect and must be followed unless a “stay” is granted with a filed Motion to Stay. New evidence is not allowed for submission with an appeal to a higher court. Whatever evidence, documents, or transcripts are available from the trial court are what the higher court will review. What to Consider: Time: Appeals can take up to a year to complete. Expense: Not only will you need to pay for an expensive appellate attorney, but you’ll also have added costs of the filing fee and paying for the pricey written transcripts, which most states will not waive the fee on. Outcome : Winning an appeal is quite challenging. You may face the same trial judge, and even if you are granted an appeal, the judge may still rule in favor of the other party during relitigation. Toll: With a lengthy process, if the other party is your abuser, you may be drawing out the dispute or angering them further, putting your safety and emotional state in jeopardy. Whether you're facing a contentious legal dispute that demands litigation or requires skilled representation in an appellate matter, our attorneys are well-equipped to provide you with the strategic guidance and vigorous advocacy needed to protect your interests. Trust Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with criminal defense cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 29 Aug, 2023
Marriage is a union between two people. You don’t plan for that union to dissolve. However, nearly 40% of marriages end in divorce. The last thing you need is to have your business, pension, retirement accounts, or property put at risk because of a dissolution of a marriage. Putting a prenup in place can help you and your spouse have an extra layer of protection should you face divorce. Knowing what to include in a prenup is paramount. Premarital Assets: Disclose any premarital assets, and outline any property that will become joint property. Since you accumulate assets during a marriage, defining what is premarital property and how to divide your marital property will help ease the divorce process. Premarital Debts: On the other side of the coin, it’s a great idea to figure out how to deal with debts during the marriage or should a divorce happen. If one spouse is bringing debt into the relationship, you choose whether it becomes the responsibility of both parties or remains with the person who holds the debt. One spouse can protect the other from creditors in a prenup agreement as well. Spousal Support/Alimony: No one wants to feel like the other spouse is getting the better end of the deal. In most marriages, one spouse makes more money than the other. Drawing up provisions on how much a spouse should receive can reduce tension during a divorce. Leaving it up to a judge may leave one spouse feeling like they are being taken advantage of or should receive more. Bear in mind that a judge may terminate this part of the prenup if it is considered unfair. Financial Responsibilities: Not only should you be talking about finances prior to getting married, but how you will share those expenses and responsibilities is important. Who pays for what, and how much should you each contribute towards retirement? Including these provisions in your prenuptial agreement allows you to get on the same page. Children from Previous Relationships: While a prenup doesn’t replace a will, you can use this document to support your wishes and protect children from previous relationships in the event of a death within the marriage. You can choose how to allocate assets to your child (or children) and your spouse so that each person will receive a fair portion of property and inheritance. Business Earnings: If you or your spouse owns a business, write in your prenup whether the profits are separate or marital property in your prenup. This inclusion is essential, especially should your business experience significant growth. Protect yourself should you end up divorcing by determining the value of the business at the time of your marriage and stating what percentage of the business value your partner will get, as well as how you will handle the value of the business throughout the years. Retirement Accounts: Employee 401(k) or pension contributions count as marital property. To keep this asset separate, include that information in a prenuptial agreement. If you have a hefty retirement account when entering into your marriage, that may be of particular interest to you to protect that asset should the marriage dissolve. Choosing a law firm well-versed in exploring or executing a prenuptial agreement can greatly impact how you are protected. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon 08 Aug, 2023
Losing a loved one is hard enough without the added stress of handling complicated finances and legal processes. However, the person’s estate must be turned in to the probate court. Probate is the legal process of reviewing and distributing a person’s estate upon death. You may want to avoid the process of probate as much as you can since it can be time-consuming, complicated, and expensive. Avoid Probate with a Will? Having a Will does not avoid probate. The probate judge will review the Will to see if it is valid and will properly execute it. The instructions in the will are to be carried out by the estate executor. Ways to Avoid Probate Hiring an Ohio estate planning attorney can help you use processes available to avoid probate, such as: trusts beneficiary designations transfer or payable-on-death designations other asset management strategies What these processes do is minimize the assets passing through probate. Avoid Probate with a Trust? Using trust is one of the most common ways to avoid probate. It is a separate legal entity that owns your assets, and a trustee then manages the trust and those assets. You can still manage the assets yourself if you name yourself as the trustee of a living trust. The assets will be handled according to the terms of the trust, and the probate court will not need to review the distributions because they remain private. Private assets are not subject to public probate court oversight. There are even cases where the beneficiary of the trust (person who places assets in the trust), the trust-maker, and the trustee are the same person. Avoid Probate in Other Ways You can also avoid probate in Ohio through: Joint Ownership If you own an asset jointly with someone, that asset will automatically transfer to the other owner upon your death. The transfer will happen without needing a probate court review due to the right of survivorship. So long as you provide the correct documentation to show one owner is deceased and the sole survivor is the owner, the probate court should stay out of that asset distribution. Payable On Death (POD) A common designation for checking and savings accounts (and other accounts like retirement) is payable on death. Since you can do this for many accounts, you may choose a beneficiary for those financials. When the original owner passes away, the designated POD will receive those assets. Transfer On Death (TOD) Brokerage accounts, vehicles, and real estate can all be set with a transfer on death (TOD) designee. The asset will skip the probate court review and be transferred directly to the assigned TOD upon the original owner’s death. This affidavit works the same for real estate and vehicles to help ease the process. While probate as a process is not bad, avoiding parts of the process can make it smoother and quicker for everyone involved. Finding an experienced and knowledgeable estate planning attorney may help you minimize the assets that must pass the probate court review before being distributed. When you’re already dealing with enough, easing your responsibilities after losing a loved one will be a welcomed relief. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
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