Tag: Cleveland Administrator Attorney

Court Affirms Juvenile Court’s Ability to Award Temporary Visitation Rights to Non-Relatives

The Ohio Supreme Court recently held that a juvenile court can grant a non-relative temporary visitation rights that are in the best interest of the child.  Temporary visitation rights are visitation rights while a custody case is pending.

Rowell v. Smith involved a same sex couple that dissolved their relationship after raising a child together for six years.  After the relationship ended, the non-genetic parent filed in juvenile court for shared parenting and temporary visitation.  The juvenile court issued an order granting the non-genetic parent temporary
visitation while the… Read the rest

Attorney Randall M. Perla featured in Cleveland’s Top Rated Lawyers 2012 Edition

Attorney Randall M. Perla was featured in Cleveland’s Top Rated Lawyers, 2012 Edition, a publication which was distributed in the Plain Dealer and the Wall Street Journal.  Mr. Perla was noted under the practice areas of Family Law, Trusts and Estates, and Elder Law.

A former Family Law Magistrate with the Cuyahoga County Court of Common Pleas, Mr. Perla has been AV rated by his peers, indicating the highest level of professional excellence, for 16 consecutive years.  Mr. Perla has also been selected for Ohio Super Lawyers and has been listed in Martindale-Hubbell’s Bar Register forPreeminent… Read the rest

Ways to Avoid Probate 101

Probate is the legal process by which property owned by a person is transferred to that person’s heirs upon his death. Many people wish to avoid probate for a number of reasons.  The most cited reasons are time- a full administration typically takes between 6 months and a year, money- between court costs and attorney fees the estate and ultimately the heirs can take a considerable financial hit, and the desire for privacy- probate proceedings are public record.

There are a number of different legal mechanisms available to avoid probate. The following is a list of a few that you may wish to consider.… Read the rest

Power of Attorney Abuse- Who Can Challenge the Actions of a Power of Attorney?

Under Ohio law, there are a number of individuals who can challenge the actions of an agent.  An agent is the individual appointed in the power of attorney document to perform financial transaction on behalf of the principal, the person who made the appointment.

  • The principal or agent;
  • A guardian acting for the principal;
  • Executor or administrator of the principal’s estate;
  • A person authorized to make health-care decisions for the principal;
  • The principal’s spouse, parent or descendant;
  • An individual who would qualify as a presumptive heir of the principal;
  • A person named as a beneficiary
Read the rest

Power of Attorney- Agents Should Know Their Responsibilities

Oftentimes attorneys draft a power of attorney for a principal without speaking to the agent who is being appointed.  To put it simply, a principal is the person
making the appointment of a third party, the agent, to act on his behalf in regard to financial transactions. Because of that disconnect, agents oftentimes
have no idea of their responsibilities when acting as an agent under a power of attorney.

An agent has a number of mandatory duties under Ohio law.  First, an agent must act in good faith- simply put honestly.  Second, an agent must act within the scope of his authority granted. … Read the rest