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It’s Legal Freebies Time Again

By Lafe Tolliver, Esq
Guest Column

     Yes, that is right. You are at the right place to read about some more legal freebies that I am able to pass on to you so that they may help you if you are in a similar legal situation.

      Number One:  In a divorce action, in Ohio, you now have the legal ground of irreconcilable differences that qualifies for a divorce. Both parties must agree to it in open court and the judge can grant a divorce on one party indicating such differences and the other party agreeing to it. Can't get easier than that!
 


Lafe Tolliver, Esq

      Number Two:  If you have bank accounts and you wish to avoid the hassle of probate court and you want someone to receive those bank balances when you pass away, go to your bank and ask for a Payable On Death account (POD account) or a Transfer on Death account (TOD account).

     Simply give them the names or name and addresses of the person(s) whom you want to receive your bank accounts and in what amounts (half, all, 20 percent.....etc..).  That information is added to your present accounts and...Voila! It's done.

     Number Three:  If you plan to file a Chapter 7 bankruptcy (a fresh start), do not

take out any payday loans 90 days before you file because, if you do, the payday loan people can protest and the court has the power to have those payday loans stay with you even though the other listed debts can be wiped out. The same goes with using credit cards that close to filing a Chapter 7 bankruptcy.

     Number Four:  If you make out a will and you have "problem" relatives whom you think will cause a scene and hold things up, simply put into your will a simple, "in terrorem" clause. This clause states as follows or something similar: " I, upon consideration and due deliberation, give the amount of one dollar to uncle Ray or my wayward son, Demarcus and he or she (or they) are/is to receive nothing further or additional from my estate."

This type of clause will stop a lot of nonsense from happening if you have relatives who want to contest your will thinking that they are entitled to something from you!

     Number Five:  If you are arrested and placed in jail, beware of the "jail house snitch!"  This is a person who is either planted by the police in or near your cell so that they can confess to the police (in return for leniency for their case) that you told them about your case and that you confessed to the crime.  In jail, never, ever, ever discuss your case with anyone except your lawyer. If someone asks about your case, simply tell them that your attorney said, "Mums the word!"

     Number Six:  If you do not qualify for a federal court Chapter 7 bankruptcy or even for a federal court Chapter 13 Plan (paying back your creditors), consider filing a Toledo Municipal Court Trusteeship. Simply take your recent pay stubs and evidence that you are being threatened with a garnishment to the basement office of the

trusteeship in the Toledo Municipal Court. They will set you up with a modest repayment plan amount and this will stop the garns. Tell 'em Lafe Tolliver sent you!

     Number Seven:  Want to transfer your home to someone else but you want to still live there? Simple! In the deed that will transfer the house to your relative or someone else, simply insert that you have a "life estate" in the home. That way you can still live there but ownership is transferred to someone else. Note: make sure that they pay the taxes and insurance on the property and do so with a written agreement. No oral nonsense.

     Number Eight:  When someone passes away and he had insurance policies on his life and in those policies he has named beneficiaries, those policies do not become part of his estate for probate purposes of calculation of the value of the estate. Contracts, such as these, bypass probate and the proceeds go directly to you, the beneficiary.

    Number Nine: If you sue someone and do not know where she is living but you have her last known address, you can, for a cost, publish your lawsuit against her in the local Legal News Newspaper for a determined number of weeks. After those weeks are concluded, it is as if she received personal notice of your lawsuit and you can continue to finish your lawsuit against her without her protesting that she never received notice of the lawsuit!.

    Number Ten: If you are a landlord, or landlady, and you have tenants who rent from you, make sure that you have clauses in your rental agreement that ban:

(1) pets of any kind unless they are dogs for those with sight disabilities (2) no fish tanks over five gallons in size (ever hear of water damage to the wooden floors?) (3) no illicit drug usage (4) no loud music after 9 PM and before 8 AM (5) No waterbeds (6) no storage or parking of any vehicles on the front or back lawns of the property (7) No persons to live in the unit other than those noted on the rental application (8) There is a charge of $50.00 each time the landlord has to go to the property to allow entry into the unit because the tenant lost or forget his key.

    Number Eleven: To landlords: Always get the social security number and date of birth from each applicant that you rent to and run a credit check to make sure your prospective tenant is not a tenant who bounces from property to property because he or she does not pay the rent.  If they are not working, do not rent to them.

     Number Twelve:  If you are injured in a car accident or are bitten by a dog or slip and fall in a store, never accept a settlement offer from the offending party without first having all of your medical care finished just because the offending party wants to do a quick settlement.  This rash act will cut off your rights to any future recovery if you are not yet fully recovered.

       Unlucky Number Thirteen: If you gave your intended an engagement  ring with the understanding that it was a pledge of true love and marriage was around the corner and the engagement is broken off, you, under Ohio law are entitled to the return of the ring from the lady who now has second or even third thoughts. If she does not voluntarily part with the ring, you can take her double talking self to court! Who says love is blind!

     So, there you have it. More freebies for my dear readers. And remember, it is likely that where ever you go in public, indoors or outdoors, there is a camera watching you, so behave yourself this summer!

Contact Lafe Tolliver at Tolliver@Juno.com

 
   
   


Copyright © 2015 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:45 -0700.


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