The Law Firm of Richard M. Lewis

How Ohio residents with large estates can plan for estate taxes

2025-08-18T10:58:29Z

The more financially successful an individual is throughout their life, the more likely they are to leave a sizable estate when they die. Their financial resources, real property, business holdings and other assets become their estate. The probate courts help ensure that creditors and other interested parties have an opportunity to make claims for repayment. The personal representative of the estate could theoretically have personal liability if they fail to follow the right procedures. Fulfilling all tax obligations is one of the most important aspects of successful estate administration. Personal representatives typically cannot avoid or minimize estate taxes. Testators who have achieved success during their lives need to plan in advance to minimize estate taxes. How can Ohio residents prevent estate taxes from diminishing what their chosen beneficiaries inherit?

By diminishing personal holdings

As a general rule, any assets held in the name of the decedent alone become the property of their estate when they pass. The more valuable property an individual owns, the greater the potential for estate taxes. In fact, the higher the value of the estate, the higher the potential estate tax rate that applies. Ohio does not collect an estate tax, but residents of Ohio could be at risk of federal estate taxes. Every year, there is a different limit on how much property people can exempt from estate taxes. For those who die in 2025, it is possible to exempt up to $13.99 million in personal holdings. That should increase to $15 million in 2026. Testators hoping to optimize their legacies may need to transfer certain assets to other owners while they are still alive. Some people make strategic gifts to friends and family members, but those gifts may count toward the overall value of their exempt estate after their passing. Testators may also need to consider transferring assets to a trust. Taking steps to diminish what an individual holds in their own name before they die can help eliminate the risk of estate taxes. Even if estate taxes are still due, planning could help people avoid the highest tax rate of 40%. The right type of trust can manage valuable assets while an individual enjoys their golden years and can control the descent of property after the trustor dies. Reviewing current assets and any existing estate planning documents with a skilled legal team can help people explore different options for limiting estate tax liability. A thorough estate plan can help ensure that intended beneficiaries, rather than the federal government, ultimately benefit from an individual's financial success.

Estate planning for blended families in Ohio: Unique considerations

2025-06-12T16:55:17Z

Estate planning for blended families presents several challenges. When you have stepchildren, ex-spouses, and other unique family dynamics, you must address everyone's needs in your estate plan. In Ohio, you need to navigate these complexities to ensure your wishes are fulfilled and your loved ones are taken care of.

Understanding the challenges in Ohio

In Ohio, estate planning for blended families brings some distinct challenges. For instance, stepchildren don't automatically inherit from a stepparent unless you specifically include them in your estate plan. Ohio law does not assume stepchildren will inherit. If you don't outline your wishes clearly, your biological children might inherit assets you meant for your stepchildren, or your ex-spouse might receive assets meant for your current family. A well-drafted plan is essential to prevent confusion or disputes.

How to ensure your estate plan covers everyone

Start by updating your will to reflect your blended family's specific needs. Name all family members, including stepchildren, to avoid ambiguity. Consider setting up trusts that benefit your stepchildren without disinheriting your biological children. A carefully planned trust will help you divide your estate according to your wishes, ensuring fair treatment for everyone. Designate beneficiaries on assets such as life insurance policies, retirement accounts, and bank accounts. This action will ensure these assets go directly to the intended recipients, bypassing probate and reducing the chance of conflict.

Communication is key in blended families

Communication with all family members, including ex-spouses, is essential when it comes to your estate planning decisions. Be transparent about your asset division to prevent misunderstandings or hard feelings. Review and update your estate plan regularly to reflect any changes in your family dynamics. Effective estate planning guarantees that your loved ones receive the support you intend. By addressing everyone in your family, clearly outlining your wishes, and fostering open communication, you can avoid conflicts and ensure that everyone you care about is provided for.

The importance of proper truck maintenance in preventing accidents

2025-04-23T17:17:22Z

Trucks keep the country moving, but poor maintenance can turn these massive machines into serious dangers on the road. When something breaks down unexpectedly, it can lead to devastating accidents. That’s why keeping up with maintenance is one of the most important steps in staying safe.

Routine inspections keep trucks road-ready

You can't catch every problem unless you're looking. Regular inspections help spot issues before they lead to breakdowns or collisions. Checking brakes, lights, tires, and steering systems can prevent failures that put lives at risk. Inspections should happen before and after every haul to keep everything in top shape. If something looks off, fix it before the truck gets on the highway.

Sticking to a maintenance schedule matters

A solid maintenance schedule isn’t just a box to check—it’s a way to keep trucks safe and reliable. Oil changes, fluid top-offs, and parts replacement should happen at set intervals. Following a schedule helps prevent the wear and tear that builds up over long hauls. Ignoring routine care can cause small issues to spiral into major, dangerous problems.

Avoid these common maintenance mistakes

Some drivers or companies cut corners, and that can cost lives. Skipping tire replacements, ignoring brake problems, or using old parts puts everyone at risk. Neglecting to check tire pressure or fluid levels can lead to blowouts or engine failure. Even forgetting to secure loose parts can be disastrous. Staying consistent and thorough with maintenance helps avoid these risks. Poor maintenance isn't just risky—it's often the cause of serious 18-wheeler accidents. When brakes fail or tires blow, the damage can be massive. These accidents can shut down highways and cause long-term injuries. Regular care keeps trucks safe, protects others on the road, and helps prevent these disasters.

The impact of driver fatigue on trucking safety

2025-02-20T09:43:40Z

Truck drivers log countless miles, often traveling between states, to deliver goods. Companies expect on-time delivery and cargo in good condition. However, this demanding job comes with inherent risks.

Beyond typical hazards like mechanical problems, driver fatigue poses a significant threat. This fatigue not only endangers the truck driver but also everyone else sharing the road. It's often a silent killer on highways that puts everyone at risk.

The risks of driver fatigue

Long-haul truck driving is a profession filled with challenges that can lead to dangerous levels of fatigue. Here are some key factors that contribute to this risk:

Irregular schedules: Drivers often work unpredictable hours, which disrupts their natural sleep patterns.
Extended hours: The nature of the job can require long periods behind the wheel.
Limited physical activity: Hours of sitting can make it harder to stay alert.
Poor diet: Access to healthy food is often limited on the road.
Chronic stress: Tight deadlines and traffic can take a toll on mental health.

These factors can result in slower reaction times, impaired decision-making, and even "microsleeps." Microsleeps are brief, involuntary episodes of unconsciousness. These conditions greatly increase the risk of accidents, especially for smaller vehicles.

When a tired truck driver is on the road, even small mistakes can have devastating consequences, potentially leading to severe injuries or fatalities.

Federal regulations that combat driver fatigue

Because driver fatigue is so widespread among those operating a truck, the Federal Motor Carrier Safety Administration (FMCSA) seeks to reduce accidents and improve highway safety. The administration has created strict Hours of Service (HOS) regulations that can help prevent fatigue-related crashes.

These rules aim to make sure drivers get enough rest and stay alert on the road. Trucking companies must follow these key regulations:

Driving limits: Drivers are limited to 11 hours of driving after 10 consecutive off-duty hours. This helps keep a balance between work and rest.
Break times: Drivers must also take a mandatory 30-minute break after 8 hours of driving, giving them a chance to refresh and recharge.
Weekly hour limits: The FMCSA also enforces 60/70-hour limits over 7-8 consecutive days, preventing excessive weekly work hours.

The maximum 70 hours in a 7-day period means a driver cannot drive again until they have had at least 34 consecutive hours (over a day and a half) off-duty. Such a rule prevents drivers from becoming dangerously tired by working too many hours in a week.

Why it's important to limit trucking hours

These regulations are crucial for highway safety. Trucking companies and drivers must prioritize them—not just as legal requirements, but as life-saving measures. When they disregard these rules, they become liable for the resulting accidents.

Four signs your insurance company may be acting in bad faith

2025-01-24T19:53:15Z

The process of filing an insurance claim can be a daunting one, especially if you are dealing with other--more important things, such as healing from an injury or figuring out how you are going to pay the bills. While most insurers understand the legal importance of acting in good faith, the consequences do not deter every insurance company, or every insurance company employee.

Red flags to watch out for

So, what are some of the red flags we should be looking for? While attorneys can usually spot them right away, and you should have legal representation at this point, it can be more difficult for people who do not understand the law.

Signs they could be acting in bad faith

Delays, delays and more delays: if your insurance company is unreasonably delaying the process of your claim, it may be a sign of bad faith. Insurers are obligated to handle claims promptly. Excessive delays without valid reasons can indicate an attempt to avoid payment.
Unreasonable denials: If your claim is denied without a clear explanation, or if the reasons they gave you are general and unclear, this could also mean the insurance company is trying to make it more challenging for you, and hopefully you will accept the denial and move on. They are probably not expecting you to appeal. We are very successful appealing these claims.
Not enough facts: If the insurance company did not do their due diligence and their investigation was below the standard of what it should be, it might be a sign that they do not want to pay this claim.
Pressure, pressure and more pressure: very commonly, insurance companies will pressure you so you give in and take less money than you deserve. While they often highlight that yes, it might take less time to accept the settlement now, insurance companies are not your friends, and you should speak with your attorney about this, before you accept anything.

If you notice any of these signs, you are right to be concerned. However, there are options that you can take if you believe that your insurance company is trying to escape their responsibilities. It is crucial to consult with an insurance and personal injury attorney so you can understand more and have the help that you will need if the insurance company is acting in bad faith.

Why you should stay off social media during your personal injury lawsuit

2024-10-17T17:44:59Z

If you are involved in a personal injury lawsuit, it is critical to be mindful of your activity on social media. These platforms can be excellent for keeping in touch with family and friends, but insurers may use the information you post against you. This has happened, and it is important to know.

Why you should stay off social media

Whether on Facebook, Instagram or X, it seems like everyone documents their lives online. This is a useful tool in many ways. However, when you are in a personal injury lawsuit, you can bet that insurance companies will look for your posts, pictures and videos in hopes they find evidence that contradicts your injury claims. For instance, if you post a video on Instagram of yourself hiking, attending a party and having a great time or participating in any sport, that could be interpreted as evidence that your injuries are not as severe as you claim they are. Even posts that seem innocuous can be used against you.

Everything you post is public

Anything you share online can be discovered and presented in court. Insurance adjusters are trained to search for evidence in the most unlikely places, and today, social media is commonplace. They will seek information that diminishes your credibility, even if it is as simple as a comment.

Protect your case

To protect yourself, it is better not to use social media during your lawsuit. If you can deactivate your online accounts, that is the best solution. However, if you cannot do that, make sure that your social media accounts are private and that you do not post anything that could hurt you. It is tricky to know what could or could not hurt you, so it is best to err on the side of being as private as possible. If you have questions about something specific, contact your attorney to get the green light before posting. It is better to prevent a catastrophe than to try to fix a problem that, in many cases, cannot be completely fixed.

Should we stay together for the sake of our kids?

2024-08-29T06:33:57Z

Divorce is a turbulent time for everyone involved, especially children. In the first two years after a divorce, kids are more likely to experience distress, anger, anxiety and academic problems. They may also engage in disruptive behaviors, substance use and other risky activities. However, many children adapt to new routines and become comfortable with their new living arrangements after a year or two. Long-term studies show that children of divorce can become well-adjusted adults if they have at least one loving parent committed to their well-being. Staying together solely for them isn’t always the best long-term solution.

How parents talk about their divorce is crucial

Communicating with care and honesty is essential. Here are key points to keep in mind when telling your kids about the end of your marriage:

Be honest: Let them know what’s happening when the decision is final. Secrecy can cause more damage than the truth.
Choose the right time: Find a moment when no one is tired, hungry or rushing away to have this important conversation.
Keep it simple and practical: Focus on the details of the new living arrangements and reassure them that both parents will remain involved in their lives.
Avoid blame: This is not the time to explain reasons or assign fault. Keep the discussion focused on what will happen next.
Reassure continuity: Emphasize that both parents will continue to love and care for them.
Monitor for self-blame: Reassure them that the divorce is not their fault.

How many details you share may vary depending on their ages. Younger children need simple explanations, while older kids may need more details. Always be patient and ready to answer their questions honestly.

Charting a post-divorce parenting plan

Successful co-parenting requires effort and flexibility. Here are some dos and don’ts for parents moving into this new chapter: Do:

Maintain routines: Consistent care reassures your child that their world remains safe and predictable.
Be patient: Understand that emotions will run high. Be patient with yourself and your ex-partner.
Apologize when necessary: If you or your co-parent become upset in front of your child, apologize and explain that change is difficult for everyone.
Stay positive: Reassure your child that, with time, things will settle down and you will find a new normal.
Express gratitude: Remind yourself and your child of all that you have to be grateful for.

Don’t:

Burden your child: Avoid sharing your anger, worries or issues with their other parent. Save those conversations for friends or a therapist.
Disrupt their lives: Try to keep changes to a minimum and maintain familiar routines.
Disparage the other parent: Speak respectfully about your ex to help your child feel secure and loved.

Divorce is a challenging time, but with careful planning and a commitment to positive parenting, children can emerge resilient and well-adjusted. They can thrive with strong, loving parents to support them through the transition.

Divorce: A crossroads of change

2024-08-29T06:34:04Z

Life throws us curveballs sometimes, and navigating a marriage that isn't fulfilling its promises can be a particularly challenging one. You built a life together, but somewhere along the way, things shifted. Maybe you've outgrown each other, or maybe fundamental differences have become insurmountable. The decision to divorce is a complex and often painful one, filled with a mix of emotions. Before taking such a significant step, it's crucial to weigh the pros and cons carefully. This will help you make an informed decision and prepare for the emotional and practical realities of divorce. Here's what you should know about the advantages and disadvantages of divorce.

Finding freedom and personal growth

Imagine a life where you can make choices without constant friction or compromise. Divorce can offer the freedom to pursue your passions, interests and goals without feeling tethered to a relationship that no longer serves you. This newfound independence can be a catalyst for personal growth as you rediscover who you are and what you want out of life. You might reconnect with old hobbies, explore new relationships or even return to school. This period of self-discovery can be incredibly empowering. However, it's important to acknowledge that this newfound freedom often comes with a period of adjustment. Divorce can be emotionally draining, and navigating the legal and financial aspects can be overwhelming. There will be moments of loneliness and grief, and the process of rebuilding your life will take time and effort.

Protecting your wellbeing and building a healthier future

An unhappy marriage can take a significant toll on your mental and physical health. Constant stress, arguments and emotional neglect can lead to anxiety, depression and even physical ailments. Divorce can be a way to escape a toxic environment and prioritize your mental well-being. By removing yourself from an unhealthy situation, you create space to heal and focus on self-care. This positive impact can extend to your children as well. Studies show that children raised in high-conflict marriages can experience emotional and behavioral problems. If your marriage is characterized by constant fighting or resentment, divorce might be the healthier option for your family unit. It allows you to co-parent in a more peaceful environment, ultimately benefiting your children's well-being.

The bottom line

Divorce is a life-altering decision and should not be taken lightly. Weighing the pros and cons carefully, with a clear understanding of your individual circumstances and emotional needs, is essential. Consider seeking professional guidance from a therapist or counselor who can help you navigate this difficult process. Remember, divorce can be a path to a brighter future, but it's important to be prepared for the challenges it presents alongside the potential for growth and happiness.

How teen drivers can stay safe

2024-08-29T06:34:10Z

Statistically, teen drivers are likely to get into accidents while traveling on Ohio roads and highways. However, there are a number of steps that they can take to minimize their risk of a crash. These include keeping distractions to a minimum, driving while sober, and maintaining a speed that is appropriate for road conditions.

Make sure you're comfortable

Perhaps the easiest way to avoid distractions is to make sure everything is set properly before leaving home. This means adjusting the seat, finding a radio station or getting directions to a destination while parked in the driveway. You also want to make sure that mirrors are properly aligned and that your seat belt is properly secured before getting on the road.

Look past the car in front of yours

It's common to put most of your focus on the vehicle directly in front of yours. However, you will ideally scan even further down the road for signs that traffic might be slowing or changing directions. In some cases, traffic may be slowing or being rerouted because of an accident or because a child or animal is in the road. Staying aware of what others are doing allows you to be proactive instead of reactive on the road.

Watch out for trucks

If you see a commercial vehicle on the road, try to get by it as quickly and safely as possible. Ideally, you'll pass on the left as the driver's blind spot is smaller on this side. As they can weigh up to 80,000 pounds, they take longer to stop and will struggle to take other evasive actions in a timely manner. Ultimately, steering clear of these larger vehicles can reduce your risk of a serious motor vehicle accident occurring. If you are involved in an accident, other parties may be liable for any damages that you incur. Videos, photos and witness statements may make it easier to prove that you are entitled to a financial award for medical bills or other expenses.

Young driver fatalities fell by 45% between 2002 and 2022

2024-08-29T06:34:16Z

Young drivers in Ohio and around the country are involved in fatal accidents four times as often as older motorists, and the road users who lose their lives in these crashes are usually their passengers, the occupants of other vehicles, cyclists or pedestrians. However, a report released in October 2023 by the Governors Highway Safety Association reveals that the crash and fatality rates for drivers under the age of 21 have fallen sharply in the last 20 years. GHSA researchers based their findings on data gathered by the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System between 2002 and 2021.

Young driver fatalities fall by 45%

During the two decades studied by the GHSA, the number of young drivers killed on the nation’s roads fell by 45%. Fatalities among drivers 21 years of age or older rose by 11% during the same period. Young people do not spend as much time behind the wheel as they once did, but the GHSA believes that the fall in motor vehicle accident fatalities among motorists under the age of 21 is more likely the result of graduated driver’s license programs and more effective driver training.

Graduated driver’s license programs

Every state now has a graduated driver’s license program in place for teen motorists. Common restrictions these programs place on young drivers include limiting the number of passengers they can carry and banning driving after dark. The graduated driver’s license programs in New Jersey and Maryland cover drivers between the ages of 18 and 20. If other states took a similar approach, the GHSA believes that young driver fatalities would fall even further.

Vulnerable road users

Drivers under the age of 21 are among the nation’s most vulnerable road users, and the accidents they are involved in are often deadly. Fatalities among young drivers have fallen by 45% in the last 20 years, but motorists under the age of 21 are still four times more likely to be involved in fatal crashes than more experienced motorists. According to the GHSA, the fall in young motorist deaths is largely due to graduated driver’s license programs that all states have implemented. If these programs were strengthened, more lives could be saved.