If you are not finding the answers you need, call us at (614) 761-7701.
Dublin, OH 43017
P (614) 761-7701
F (614) 761-7703
How do I know if the name of my dental practice is compliant with Ohio law?
- Under Ohio law, a dentist may only practice dentistry under his/her name or in the name of an entity provided the name of the entity includes the name of the dentist currently practicing dentistry. All trade names must also include the name of the owner dentist.
There is a transition broker involved in the purchase of a dental practice- do I need to retain my own counsel?
- Yes. Although the purpose of a broker is to facilitate the purchase/sale of the dental practice, you need to hire your own independent counsel who can represent your best interest throughout the negotiations without the concern of any conflict of interest.
If a patient is not satisfied with the dental treatment I have provided, can I simply refund their money to resolve the matter?
– You could, but we would not recommend it. At the very least, the doctor should keep well written notes in the patient file regarding the circumstances of the matter, request the patient sign a release prior to refunding any monies to the patient and call their dental malpractice carrier, not to make a claim, but rather to put them on notice and seek their advice on how to handle the patient and the refund of monies.
Will I still be able to file for bankruptcy after the bankruptcy law changed in 2005?
- Many people are surprised to learn that they will qualify for bankruptcy despite the change in the law. After your initial consultation with our office you will be provided with a client questionnaire to complete. Upon completion and receipt of the client questionnaire our office will evaluate your case for bankruptcy.
Will I lose my home?
- No, if you are able to maintain the current payments and there is not more than $20,000.00 equity in your home.
Will I lose my retirement?
- No. Ohio law protects your interest in ERISA qualified retirement benefits (i.e. IRA, 401(k), etc.) Top
Corporate/Business Organizations and Formation:
Does a business need to be registered with the State of Ohio?
- Anyone who is planning to do business within the State of Ohio, using a name other than their own personal name, must register with the Ohio Secretary of State’s office. Sole Proprietorships are not required to register with the Secretary of State’s office. Depending on whether the entity is a Limited Liability Company or a Corporation, Articles of Incorporation or Organization must be filed and approved by the Secretary of State. Each Ohio business is also required to obtain an EIN from the IRS for tax purposes.
What is the difference between a Limited Liability Company and a Corporation?
- The owners of a Limited Liability Company are called members. The owners of a Corporation are called shareholders. The significant difference between a Limited Liability Company and a Corporation arise when you compare the tax treatment of each entity. We advise all clients to seek the advice of an accountant prior to incorporating or organizing with the Ohio Secretary of State’s office.
What do I need to do to dissolve my entity?
- There are several offices that you need to put on notice if you are dissolving your entity. First, a Certificate of Dissolution with the Ohio Secretary of State’s office. Then, depending on whether your entity is a Limited Liability Company or Corporation, you will also need to put the Ohio Department of Taxation, the Ohio Department of Job and Family Services, the County Treasurer and the Ohio Bureau of Worker’s Compensation on notice. In addition, again, depending on whether you are a Limited Liability Company or a Corporation, you will need to make sure you have filed all Corporate Franchise tax returns through the date of dissolution. Top
Estate Planning & Probate:
Do a Husband and Wife need separate wills?
Yes. Ohio law requires that a Husband and Wife have separate wills. Because a Husband and Wife’s wills are general very similar, our office discounts the preparation of the second spouse’ will. Please contact our office for information regarding fees and additional estate planning documents.
What happens if someone dies without a will?
The deceased’s estate is divided per stirpes. This means that the estate is divided equally between each branch of a group of beneficiaries. The purpose of a will is to allow your preferences for specific bequests or to designate specific family or friends that would not otherwise inherit.
Do I need a Trust to ensure my minor children will be cared for if my spouse and I would both pass away?
Our simple wills include a guardianship clause which allows you to name trusted family or friends to care for your children in the event that both you and your spouse would pass away. At your option, a Trust can be prepared to designate when your children will inherit and how much they will inherit as they reach a specific age. Top
How do I retain you and begin a domestic law action?
Call our office for a free telephone consultation. If you choose to retain us we will send you our retention agreement and provide you with our username and password to download our questionnaire from the law Forms section. After you complete our questionnaire, call our office to schedule your initial meeting with one of our attorneys. During this meeting you will submit your retainer and execute your retention agreement with our office.
If both parties agree to a dissolution, do they need to retain an attorney or can they file themselves?
We recommend that at least one party retains an attorney. Retaining an attorney insures that all assets and liabilities are accounted for, protecting your future. Ethically, we can only represent one (1) party in any proceeding. Therefore, the other party may either seek advise of his or her own attorney, or he or she may elect to proceed “pro se” or without legal representation.
My spouse and I want to file for a dissolution. How soon can our marriage be terminated?
Once a Petition for Dissolution of Marriage and other required pleadings have been filed with the Court, your final dissolution hearing will be scheduled within 30 to 90 days. At your final dissolution hearing your marriage is considered terminated. Top