Credit Repair

If you have ever made a large purchase with a boyfriend or girlfriend, you probably know what a nightmare it can turn out to be.  It is an even bigger hassle if the big purchase is a house and the other party doesn’t contribute to the payments after the breakup.  If you would like to get married some day, I would not recommend making any large purchases with someone you are not related to or married to; however, just like a lot of advice coming from an attorney: this may be too little too late.
If you purchased a home with someone who is no longer contributing to the payments, there are a few options.  Do not consider foreclosure just because you want closure with the person (believe it or not, clients have suggested this option).  Do not panic.  It is understandable that you want this person to be removed from the loan and title; however, it is not imperative that you act (irrationally) today.  You should not be too concerned about getting them removed from the loan (since this is an obligation and not necessarily a right) unless the person is insisting that they be removed from the loan in exchange for being removed from the title.  You may be able to get the person removed from the loan by refinancing.  If you are unable to refinance due to a low credit score, you should call Credit Smart Solutions owned and operated by Joe Frey, a credit specialilst.  Joe can evaluate your situation in a free consultation and tell you whether he can help and by how much.  Once your credit score has improved and reached the goal score, Joe can put you in contact with a mortgage company that he does business with that should be able to help you refinance.
If you are unable to refinance, you should not panic.  If you sell the home, or otherwise pay off the home, an attorney should be able to prepare a quit claim deed for around $100-$150 to send to your significant other.  If the other party refuses too sign the quit claim deed, the attorney can explain your other options.

Domestic Violence

A topic that has been on my mind recently is domestic violence.  I have had many clients over the past year and a half that have been victims of domestic violence and I know that it is a vicious cycle that is difficult to escape.  In fact, I began working on civil protection order cases because I saw that there was a need for competent attorneys in this area.  Many attorneys will not work on civil protection order cases and that is unfortunate because there is definitely a need for competent attorneys in this area.
It is easy for an outsider to tell a victim of domestic violence to just leave but it is often much more complicated than that.  The person giving the advice is not in the victim’s shoes and more often than not, the perpetrator has spent years positioning him/herself and the victim in such a way that makes it almost impossible for the victim to “just leave.”
I do not recommend that victims of domestic violence “just leave.”  I recommend that victims of domestic violence prepare a comprehensive plan for removing him/herself from the situation so that the victim can begin a new life without the violence and learn a new way of living so that the violence does not repeat itself.  I recommend that victims leave with a strategy and the resources to help them be successful.  If not, they will not only find themselves in the same or a similar situation in the future, but they could put themselves in more danger by attempting to leave in the first place.
One great resource in Ohio for domestic violence victims is the Ohio Domestic Violence Network.  They are available by telephone: (614) 781-9651 and internet: ODVN.org.  The ODVN is a nonprofit organization and the domestic violence advocate will work with the victim to create a plan for leaving. The advocate will work with the victim through every step of the process of leaving.  ODVN has many great resources for helping the victim succeed after leaving as well.
One of the best aspects about ODVN is that they have federal funding to help victims get access to legal services that they wouldn’t be able to afford otherwise.  ODVN pays attorneys that have been trained through the non profit to help victims get civil protection orders, obtain divorces, keep custody of their children, defend them in criminal cases when the criminal charge was a result of a domestic violence incident and many other services that victims may need.
I am an attorney that has gone through the ODVN training and I am currently accepting cases through ODVN.  If you or someone you know needs their services, please contact ODVN because they can help.

 Domestic Relations: Can My Child’s Stepparent Adopt My Child?

Domestic Relations: Can My Child’s Stepparent Adopt My Child?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series dedicated to the topic of Domestic Relations.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Expungement: What Types Of Records Can Be Sealed?

Expungement:  What Types Of Records Can Be Sealed?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Expungement: Are Criminal Records Automatically Expunged After Time Passes?

Expungement:  Are Criminal Records Automatically Expunged After Time Passes?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Expungement: What Is An Expungement?

Expungement: What Is An Expungement?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Expungement: If I Get My Record Expunged, Can Anyone Still See The Criminal Activity?

Expungement: If I Get My Record Expunged, Can Anyone Still See The Criminal Activity?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

 

Expungement: What Is The Difference Between An Expungement And A Pardon?

Expungement:  What Is The Difference Between An Expungement And A Pardon?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Expungement: Does It Cost Money To Apply For An Expungement?

Expungement:  Does It Cost Money To Apply For An Expungement?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series dedicated to the topic of Expungement.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Transfer on Death and Probate

I got into probate practice on accident.  It all started when I worked for my previous employer as a law clerk (after I had taken the bar but before I had received my results).  Our firm had received a telephone call from a client/investor.  Our client had an investment property and the person staying in the property had passed away.  Our client needed us to somehow get the property released from administration so that our client could re-rent the property without having to foreclose (actually, you have to open probate to foreclose but that is a long, complicated story.  He definitely did not want to foreclose if he could avoid it).

Since working on that case (and since receiving my license) I have worked on several similar cases, I have administered several estates and now my firm is expanding into estate planning.  A very common question that I am asked (usually from financial advisors) is about retirement accounts and probate.  People want to know the following: if they set up their retirement account to transfer on death to the designated beneficiaries, will the beneficiaries still have to pay “probate fees and taxes” on that money?

If a retirement account is set up to transfer on death, that money is still taken into consideration for federal and state estate tax purposes.  However, setting up the account so that it transfers on death, still keeps a considerable amount of money in the beneficiaries’ pockets.  Attorneys fees are generally calculated as a percentage of the probated and non-probated estate.  The percentage paid for non-probated property is much lower than for probated assets because the amount of legal work required to liquidate and distribute non-probated assets is much less.  In addition, the fiduciary of the estate gets paid according to a percentage of the probated and non-probated assets.  By keeping large accounts outside of probate, you are paying less to the attorneys and the fiduciary.

Transfer on death designations keep money in the family in other miscellaneous ways as well.  Less paperwork will be required for filing, which saves the family money because probate courts generally charge per page.  Also, if a bond is required, the bond will cost less.  Bonds are required to be secured for double the amount of the probated assets; the more in probated assets, the more the bond will cost.