Firm Logo 2010Nov/Dec 2011
Family Law Newsletter 
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JeffFanger EHC

          We are pleased to bring you another monthly installment of our Family Law Newsletter.     
 
           In addition to the newsletter, our firm provides various services to assist client's involved in domestic relations issues, including  our Family Law Mediation and Supervised Visitation programs.  Our Mediation services offer our clients practical and cost-effective solutions while our Supervised Visitation Program provides an affordable and safe opportunity for parents and their children to enjoy quality time together.  Whether it is a cooperative process, addressing the needs of high conflict cases or something in between, our office is pleased to offer a full range of services to our clients.  
 
          As with our other newsletters, this monthly newsletter will maintain our tradition of providing you with brief but relevant information regarding Family Law Issues.  We hope you enjoy it and we welcome your comments and suggestions.  

 

          On behalf of the entire staff at Fanger & Associates, we wish you a very happy holiday season and a successful new year!     

 

                                                                         Jeffrey J. Fanger

F & A Articles                            
Legal Guidance from Our Attorneys  

            The Most Important Gift
                      By:  Michael A. Parente


Michael Parente
Michael A. Parente

         The holiday season is upon us and that means time with friends and family, holiday traditions, and braving the stores for all of your holiday gifting.  But have you thought about the most important gift, the one that includes the culmination of a lifetime of hard work?  An up-to-date Last Will and Testament or Living Trust should be on your list this holiday season. If you do not have one, it will be the court, not you, who determines how and to whom your assets are passed.

 

 

YOUR ASSETS, YOUR WISHES

 

         These are your assets, and how they are passed should reflect your wishes. The State of Ohio has very specific laws regarding distribution of assets and property when someone dies without a will or trust. Regardless of the size or complexity of your estate, you should be the one who decides how your assets are passed. However, if you die without a will or trust, a Probate Court will be in charge of passing your assets according to state law. Not only are these proceedings costly and time consuming, but the results may be in direct contrast with your wishes.

 

 

 Please Click Here to read the full article

LegalnewsPicArticle Corner
Family Law Informational Articles                      
   


"Most Boomers Don't Have Living Wills"

        

        An Associated Press-LifeGoesStrong.com poll found that 64 percent of boomers -- those born between 1946 and 1964 -- say they don't have a health care proxy or living will. Those documents would guide medical decisions should a patient be unable to communicate with doctors.  The health care proxy, also known as a health care power of attorney, allows an individual to select a person he or she trusts to make decisions about medical care should the patient become incapacitated.

 

        With all of our society's milestones in health care, many boomers are feeling healthy and strong.  Thinking about their will is something that they don't really want to deal with.  Many boomers don't have their end-of-life documents on their radar.  If anything unexpected should happen however, it's important to make sure that this area of your personal life is taken care of.

 

         If not only to ensure your family's security, it is essential that your wishes are carefully laid out for medical doctors and attorneys to utilize.  

  

  

Read the Full Article at ABCNews.com 
  

 

Candice BradleyCourt Update
Recent Court Decisions of Interest in Family Law 

Court of Appeals of Ohio-Tenth District: Final Judgment Made in Guardian/Estate Case

 Art v. Erwin

 (5/17/2011)

 

              

               On May 17, 2011, a thirteen-year legal battle was resolved by the Ohio Court of Appeals ,which involved a conflict alleging that a guardian and brokerage firm concealed assets of a ward's estate.

               The situation began on October 11, 1997, when Katherine A. Guzay suffered severe injuries as a result of a serious automobile accident. Her injuries were extensive and included traumatic brain injuries, which required her to be under around-the-clock care. Her injuries also caused dramatic memory loss. Guzay's daughter, Davis A. Erwin, was granted her application as guardian to Guzay and her estate. After the initial hearing, the magistrate concluded that Guzay had a brokerage account totaling $200,000 at the brokerage firm Butler Wick. The probate court adopted the magistrate's decision on December 12, 1997 and also issued Guzay the letters of guardianship. These letters stated "Notice to Financial Institutions- Funds being held in the name of the within named ward shall not be released to the Guardian without a Court Order directing release of a specific fund and amounts thereof."

               The next major event occurred on December 15, 1997, when an electronic request was made to have Guzay's cash and securities transferred into another account at National Financial Services Corporation (NFS), another brokerage firm. During this time, NFS acted as a clearing broker for Eisner Securities and consequently carried accounts for Eisner clients.   Joseph Erwin, Guzay's son-in-law and Davis' husband, worked as a branch manager of Eisner's Columbus office from June 1997 to September 2000. It is then reported that Joseph opened an account in the name of Davis A. Erwin, Guardian for Katherine A. Guzay, with NFS. On December 18, 2011, NFS completed the electronic request and transferred all of the securities in Guzay's account to the new NFS account created by Joseph. As time went on, Joseph regularly moved money from this account in small increments directly into his personal Bank One account. He also transferred cash units of the bank account into his National City Bank checking account and forged Guzay's name on several checks. Between December of 1997 and May of 1999, Joseph had stolen $198,766.61 from Katherine A. Guzay. In addition, he embezzled over $2.5 million from Eisner clients. Joseph was able to conceal his deceit from Davis and the courts by providing fraudulent NFS account statements to the attorney.

               The FBI began to investigate Joseph and his "handlings" of Eisner clients' assets, after Eisner terminated his employment.   Joseph continued to evade orders for him to verify the true financial state of Guzay's accounts. In February 2001, the probate court assigned Andrew J. Art as the new guardian of Guzay and her estate. Art then filed a complaint in the probate court alleging concealment of Guzay's assets. This complaint was against all parties involved, including Joseph, Davis, Eisner, Bank One, National City Bank and Butler Wick. On June 18, 2002, the probate court approved the judgments on the basis that Davis had failed to exercise any care or responsibility as guardian of her mother's estate, and was therefore liable for the losses incurred due to Joseph's theft and forgery. The court charged Davis $271,415.51, plus interest. Afterwards, the court approved certain settlements in the case and all of the defendants were dismissed except for Joseph, Davis, Butler Wick and National City Bank.

                After continued disputes and motions, the case finally reached the Ohio Court of Appeals. As the court reviewed the case, it analyzed several factors. The Court cited the decision in Wozniak v. Wozniak (1993) that "a financial institution impermissibly disposes of an estate assets if it conveys an estate in its possession to an unauthorized individual." In addition, under R.C. 2109.52, in order to prove a financial institution was at fault, (in this case Butler Wick) the opposing party must establish that the financial institution made a conveyance (transfer of ownership) of assets belonging to the trust estate to a party unauthorized to take possession of the assets.

The Court also examined whether Davis, as Guzay's guardian, was actually authorized to take possession of the transferred estate's assets. The court explored multiple precedents and rules, including R.C. 2111.50(A)(2)(b), stating, "a guardian does not possess complete dominion over the ward." Inthe case Guardianship of Spangler, "because the probate court is the superior guardian, the appointed guardian is simply an officer of the court subject to the court's control, direction and supervision. " The letters of guardianship given to Davis after being appointed guardian, also limit the authority she has to take possession of estate funds held in the name of the ward. Butler Wick fought to defend its position asserting, "the letters of guardianship are an enforceable order, the language of that order does not impose a duty on financial institutions to control disbursements to a guardian." The Ohio Court of Appeals disagreed.

                After deliberation, the Ohio Court of Appeals ruled on May 17, 2011, that Butler Wick should in fact be held liable for conveying away assets under R.C. 2109.52. The court further stated that Davis had no knowledge of the money transfer that her husband, Joseph, had initiated. The case was remanded to the trial court for further proceedings. 

 

Firm Update

What's new at Fanger & Associates LLC 

 

New Addition to Our Legal Team!

By: Larissa Martin

Christine H.
Christine Horvath

 

        As our firm continues to grow and expand, we are excited for a new addition to our team.  This month we welcome Christine Horvath to our staff.    

        Ms. Horvath joins us as a bookkeeper in the accounting department.  She has over 20 years of experience working with large corporations and small businesses, as well as managing her very own accounting practice.  She attended the Medina County Career Center and also won the State of Ohio Business Management Skills contest.  

        Ms. Horvath devotes much of her spare time volunteering for the Society of St. Vincent de Paul and other community organizations helping families in need.   She also helps out at several local churches and loves caring for and rescuing animals. 

         We look forward to the many talents she will bring to the staff here at Fanger & Associates.  

       
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The opinions and views expressed in this newsletter are solely those of the author of the article and/or Fanger & Associates LLC. Articles appearing in this newsletter are intended to provide broad, general information about the law. This newsletter is sent to clients and friends of Fanger & Associates LLC, as well as Ohio businesses and Ohio nonprofit corporations as identified through their registration with the Ohio Secretary of State, including organizations with which Fanger & Associates LLC has no prior contact. Before applying this information to any specific legal problem, readers are urged to seek advice from an attorney. If you have any questions regarding any topic in this publication and you already have a lawyer, please contact your lawyer. If you do not already have counsel, please feel free to contact Fanger & Associates LLC and we will be happy to assist you.
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