Findlay Personal Injury Lawyer - The Ohio Wrongful Death Book

Woman tragically killed at hotel, parents sue for $100 million | Ohio wrongful death lawyers

Chuck Boyk — Tue, 03 Feb 2009 11:41:00 GMT

An Alabama woman suffered wrongful death after she was killed in a Tennessee hotel this past September.

The parents of the 21-year-old former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that the hotel failed to preform employment background checks after hiring illegal immigrants.

A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.

Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.

If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Estate execution and wills discussed by Toledo, Ohio wrongful death attorney Dale Emch

Chuck Boyk — Fri, 30 Jan 2009 13:33:00 GMT

Who do you turn to after a loved one passes away? Even if there is a Last Will and Testament in place, navigating the complicated world of an estate can be confusing.

Toledo, Ohio car accident lawyer Dale Emch discusses will execution in his most recent Legal Briefs column in the Toledo Blade. If you have a general legal question you would like to see considered for publication in Legal Briefs, including those involving Ohio car accidents, Ohio workers' compensation claim s, Ohio dog bites, or Ohio ATV and motorcycle accidents, contact Attorney Emch at demch@charlesboyk-law.com or by contacting our office.

Dear Dale: I have some questions about being an executor of a will. When an attorney is appointed to be the executor of a family member’s will, how is the attorney paid for his services? How is the attorney held accountable for his honesty and integrity in handling the execution of the will? And, does the attorney have an obligation to make a financial accounting to the beneficiaries of his fees?

ANSWER: Ohio and local rules specify how executors and attorneys can be compensated. Executors and attorneys serve different functions in how estates are handled through the Probate Court.

Let’s start with the role of the executor. The executor administers the estate of a decendent who had a will.

This person can be a family member, a trusted third party, a lawyer, a bank, or a trust company. This can be a big job that includes responsibilities such as receiving payments owed to the estate, paying debts owed by the estate, determining the estate’s beneficiaries, and following the Probate Court’s orders concerning the estate.

An executor has a duty to act in the best interest of the estate and to carry out all state-law- mandated responsibilities. Acting in the capacity of an executor can be a time-consuming job for which state law allows compensation.

Under state law, an executor of an estate involving a will can receive a commission of 4 percent of the first $100,000 of the estate; 3 percent above $100,000 and below $400,000, and 2 percent above $400,000. So, for example, if you were the executor of an estate valued at $200,000, you could receive $4,000 for the first $100,000 and $3,000 for the next $100,000 for a total of $7,000. An executor also can receive commissions for other activities, but my space is too limited to include a laundry list here.

Whether or not the attorney acts as the executor doesn’t matter in terms of the legal obligations imposed.

The executor must carry out the obligations mandated by law, must act in good-faith, and must account to the Probate Court for expenditures made on behalf of the estate and for the fees received for those services.

If an executor does not meet the obligations imposed by law, the Probate Court can remove the executor.

You also asked about whether an executor has to make an accounting to the beneficiaries. At a time specified by state law, the executor has to make an accounting to the Probate Court and the beneficiaries.

But that doesn’t mean that a beneficiary has the right to demand an accounting of the executor whenever he or she wants that information.

Because you intertwined the roles of attorneys and executors in your question, I want to address compensation for attorneys. It’s not hard to imagine that the duties of an executor can become pretty overwhelming, especially if an estate contains a lot of assets or debts. Executors often hire an attorney to help sort out the estate and to handle the legal work with the Probate Court.

Attorneys can set their own hourly fees for estate work. They also can elect to be compensated in an amount set by the Probate Court. In Lucas County, the schedule for attorney fees on probate assets is 4.5 percent of the first $100,000; 3.5 percent of the next $300,000, and 2.5 percent of the remaining balance.

Originally posted at InjuryBoard by Chuck Boyk

Ohio estate planning lawyers | Ohio lawyers recommend books that can help those dealing with grief

Chuck Boyk — Fri, 23 Jan 2009 16:24:00 GMT

In response to our previous blog on book recommendations for those suffering from the death of a loved one, we are providing a more titles that can help you while you grieve.

The titles include The Bereaved Parent, by Harriet Sarnoff Schiff; Who Dies? by Stephen and Ondrea Levine; On Death and Dying, by Dr. Elizabeth Kubler-Ross; and Awakening from Grief: Finding the Road Back to Joy, by John E. Wlshons.

The Ohio fatal accident lawyers in our office see the devastation that Ohio wrongful deaths can cause, and they understand how much grief a death can bring to a family.

They encourage anyone who is grieving from the tragic loss of a loved one to seek help in this time of need, whether it be from other family members, or professionals.

If you or someone you know has lost a loved one due to a fatal accident, The Ohio Wrongful Death Book, written by the attorneys in our office, could also help. Contact our office for your complimentary copy.

Originally posted at InjuryBoard by Chuck Boyk