Posted In: Real Estate and Trusts & Estates
Trusts & Estates and RE&C In Review: Four Ways to Avoid Probating One of the Most Commonly Held Assets in Ohio: Real Property
By Christopher T. Teodosio on July 26, 2023
One of the biggest concerns clients have when meeting with estate planning attorneys is avoiding probate. Probate is a court process that facilitates the transfer of probate assets pursuant to a decedent's Last Will and Testament, or via intestate succession when a person dies without a Will under Ohio law....
Posted In: Construction Contracting & Disputes, Insurance Recovery and Real Estate
Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
By William A. Peseski on May 23, 2023
In 2012, the Ohio Supreme Court inWestfield Ins. Co. v. Custom Agri Sys., Inc.,1 first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."2 Adopting the commentary of the doctrine from the 11th District, the Court opined:...
Posted In:
Real Estate
Industry:
Construction
RE&C In Review: Compliance Pitfalls on Residential Remodeling Projects
By Tyler B. Schlimme on March 01, 2023
In a recent 11th Appellate District Case, the court found that the Consumer Sales Practices Act (CSPA), not the Home Construction Service Suppliers Act (HCSSA) applies to the remodeling of an existing home....
Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Unfair and Deceptive Practices May Lead to a Residential Remodeling Contractor's "Corporate Death Sentence"
By James T. Dixon, Teresa G. Santin & Jenna Pletcher (Summer Associate) on August 15, 2022
This edition of the RE&C In Review Blog highlights a cautionary tale of how unfair and deceptive practices can lead to a "corporate death sentence" for a residential remodeling contractor....
Posted In: Business Transactions & Corporate Counseling, Litigation, Real Estate and Tax - Business & Corporate
New Property Tax Dispute Bill Favors Developers and Owners, Limits School Districts
on May 17, 2022
On April 21, 2022, Ohio Governor Mike DeWine signed House Bill 126 (HB126), a major effect of which is to limit the ability of Ohio school districts to dispute and appeal the valuation of real property for tax purposes. The enactment of HB126 represents a victory for commercial property developers and owners, who, together with the Ohio Chamber of Commerce, championed its passage. The new law will take effect on July 21, 2022....
