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Toledo Law Blog

How do you handle a custody exchange during a bitter divorce?

Child custody is one of the No. 1 things that couples fight over during a divorce. The situation can end up not only involving the couple and their children, but family and friends as well.

The more bitterly-fought the battle, the harder it is to make a custody exchange when it is the other parent's time with the children without having some sort of incident -- and you want to avoid those as much as possible because they could come back to haunt you in court if anything gets physical or you say anything you'd regret the judge hearing.

Why India's stance on the Hague Convention is important to Ohio

Ohio has a relatively large Asian population that's been steadily growing over the last few decades -- which mirrors the growth in the rest of the country as well.

Nationally, however, Asians from India, China, Korea, Thailand and other areas tend to seek the diversity and lower-crime rates of states like Ohio, so there have been increasing numbers of Asians in places like Akron and Cleveland as opposed to mega-cities like New York or Chicago.

Is it time to file personal bankruptcy?

Is it really time to file for personal bankruptcy? Should you try waiting a little longer while you lock away the credit cards and tighten your budget to see if you can get your finances under control?

Ultimately, you have to make the decision whether or not to file for bankruptcy on your own, but there are some good signs that continuing to try to get your finances in order is merely delaying the inevitable:

What happens to debt upon death?

Two things no one ever wants to think about are death and debt. This may be the reason that not many people are aware of what happens to debt when you die. This blog will briefly examine some of the considerations family, heirs, cosigners and estate administrators have when someone dies with significant debt.

Debt is not erased

Look out for Medicaid look-back and spend-down

Anyone who has looked into financial assistance for nursing home residency from Medicare and Medicaid knows that there are serious complications in the process. Far too many people over the years have been surprised to learn that they can’t leave the financial gifts for their families as intended while still receiving Medicare and Medicaid benefits.

Although it is possible to leave a decent financial legacy for their families and receive federal and state assistance for nursing home costs, it is not a simple process. Read on to learn a little more about obtaining assistance and the financial dangers involved.

Defending yourself: Assault and battery defenses examined

What's the difference between assault and battery and simply defending yourself?

Many people think that the only real difference is who threw the first punch -- but it often isn't that simple. In fact, throwing the first punch might just be someone's reaction to a perceived threat -- which makes it a defensive gesture instead of an aggressive one.

Asset valuation can present problems for estate plans

Asset valuation can be an important -- but tricky -- part of any estate.

An asset is anything that has monetary value. In terms of an estate, you could be talking about a business, the rights to a collection of published works, art pieces, coin collections, undeveloped property or jewelry.

Removing genetic evidence from criminal database takes legal help

If you commit a crime and get caught, there are certain things that you automatically give up -- like the right to your personal privacy.

While that means many different things, like losing the right to have a private phone conversation and having your personal mail opened and read, these days it can also mean having your genetic material, or DNA, collected and electronically cataloged in a database of offenders.

When does an accident become a murder?

The thinnest line is all it takes to separate a tragic accident from a homicide -- and what really happened is often a matter that has to be left up to a judge or jury to decide (unless the defendant decides to take a plea).

For example, take the case of the accident that occurred this year at Ohio's State Fair. Seven people went to the hospital and one person went to the morgue.

Qualifying for Medicaid: Giving money away can be a big mistake

Nursing home care can be expensive, which why many elderly individuals attempt to qualify for Medicaid when they move into assisted living facilities. However, many people are surprised to learn there are strict asset and income limits on those applying for Medicaid.

In order to get under these limits and qualify for Medicaid, some individuals will try to simply give away their money and/or assets to their children — but doing so can be a serious mistake.

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