Hurley Law

When good intentions go wrong: The high cost of probate mistakes

2026-09-01T19:48:17Z

Serving as an executor is often considered an honor — a final act of trust from someone who valued your judgment. Yet this role carries serious legal responsibilities that many people underestimate. In Ohio, executors who make certain mistakes during probate can find themselves writing checks from their own bank accounts to fix problems they inadvertently created.

Understanding executor liability in Ohio

An executor's primary duty is to manage the deceased person's estate according to Ohio law and the terms of the will. When executors fail to meet their legal obligations, the court can hold them personally responsible for resulting losses. This means your personal assets could be at risk if you make critical errors during estate administration.

Three situations that trigger personal liability

Poor choices, even when made with the best of intentions, can result in personal liability. Common examples include:

1. Paying debts in the wrong order

Ohio law establishes a specific priority for paying estate debts and expenses. Executors who pay lower-priority creditors before satisfying higher-priority claims can be personally liable for the difference. For example, if you pay a credit card bill before funeral expenses or administrative costs, you may have to reimburse the estate from your own funds for any shortfall.

2. Distributing assets prematurely

Rushing to distribute inheritance to beneficiaries before the creditor claim period expires is a common and costly mistake. Ohio requires executors to wait a specified period to allow creditors to come forward. The consequences of premature distribution include:

Personal responsibility for valid creditor claims that emerge after distribution
Liability for unpaid taxes discovered after transfer of assets
Potential court sanctions and removal as executor

Patience during probate protects both the estate and your personal finances.

3. Failing to pay estate taxes

Executors must ensure all federal and state tax obligations are satisfied before distributing assets. Missing tax deadlines or failing to file required returns can result in penalties and interest that the executor must pay personally. Additionally, the IRS and Ohio Department of Taxation can pursue executors directly for unpaid estate taxes, making this one of the most serious potential liabilities.

Protecting yourself as an executor

The role of executor comes with significant responsibility and genuine legal risk. Understanding these potential pitfalls is your first line of defense against personal liability. Before accepting an executor appointment, consider consulting with an experienced probate attorney who can guide you through Ohio's complex requirements. Professional guidance is not just helpful — it is often essential to protecting both the estate and your personal assets from costly mistakes that can haunt you long after probate concludes.

3 surprises that could stall Ohio property transfers

2026-08-17T13:40:42Z

Buying or selling a home or commercial building in Southwest Ohio is a major undertaking. The closing is the final step, but several legal details can cause a sudden disruption in the process.

Property trapped in an unfinished estate

When a property owner passes away, the legal right to sign a deed does not always pass immediately to their heirs. In Ohio, if the property was not held in a trust or with rights of survivorship, it may need to go through the probate court. This can create a significant delay if the proper court filings are not completed before the closing date.

Old liens that refuse to go away

A title search can identify any debts attached to a property, but some old records can be difficult to clear. You might find a mortgage from a bank that went out of business decades ago or a tax lien that was paid but never officially marked as satisfied. Common title issues in Ohio often involve these types of records:

Mechanic’s liens filed by contractors for work done in the past
Judgment liens from old lawsuits against a previous owner
Unpaid special assessments for local infrastructure like sewers or sidewalks

These issues often must be resolved or insured over before closing.

Missing signatures for a business or trust

If a property is owned by an LLC or a trust, the law requires proof that the person signing the papers has the legal authority to act. Problems arise when the internal documents of the company or the trust do not match the names on the deed. If a trustee has changed or an LLC member has left the company, the paperwork must reflect these changes accurately.

Addressing the final steps of the transfer

Without specific legal interventions, you could face delays or even cancellations of a sale before or during a closing. Finalizing a property transfer in Ohio requires careful attention to the details found in public records and internal company documents. When probate issues, unresolved liens or authority gaps appear, they must be addressed to complete the closing. You can work with an experienced attorney to anticipate and overcome these and other unwelcome surprises.

Can the police force you to do field sobriety tests?

2026-07-31T10:56:24Z

Nobody plans to get pulled over after a night out, but it happens more often than people expect. When officers start asking drivers to perform roadside tests, the natural instinct is to cooperate fully. However, cooperation and legal obligation are not always the same thing. Understanding the actual legal requirements surrounding field sobriety tests in Ohio can change how drivers respond in these moments

What are field sobriety tests?

Field sobriety tests are physical and cognitive exercises that police use to evaluate possible impairment. The most common tests include:

Walk-and-turn: Walking in a straight line with heel touching toe, then turning on one foot and returning the same way
One-leg stand: Balancing on one foot while counting aloud until told to stop
Horizontal gaze nystagmus: Following an object with the eyes while the officer looks for involuntary jerking

Officers use the results to build a case for impairment. However, these tests are subjective in nature and rely heavily on officer interpretation. Many factors unrelated to alcohol consumption can affect performance. This includes anxiety about the traffic stop itself, physical disabilities or simply performing unusual tasks on the side of a dark road.

Are field sobriety tests mandatory in Ohio?

Unlike chemical tests for blood alcohol concentration, which carry legal penalties for refusal, field sobriety tests are voluntary. Officers may not tell drivers this information directly. Many people assume they must comply. The reality is that drivers have the legal right to decline these tests without automatic penalties. This distinction matters because field sobriety tests can become evidence in court. Even when the results are questionable or influenced by factors unrelated to alcohol consumption.

What happens if you refuse the tests?

Refusing field sobriety tests alone does not give officers enough reason to arrest someone for operating a vehicle impaired (OVI) in Ohio. However, they can consider the refusal along with other factors when deciding whether to make an arrest. This means they can still make arrests based on driving behavior, odor of alcohol, slurred speech or bloodshot eyes. Without test results, the state must rely on officer observations, dashcam footage or other factors to prove impairment. Ohio courts also allow prosecutors to mention the refusal during trial as possible evidence of guilt.

Protecting your rights during a traffic stop

Drivers retain their rights even during a traffic stop. While showing respect to law enforcement remains important, automatic compliance can lead to unnecessary complications. Field sobriety tests are not mandatory under Ohio law. Knowing this distinction can help drivers stay in control during a traffic stop.

The “Death Binder”: How to organize your life so your family does not have to

2026-07-16T12:51:57Z

When someone dies, the family is not only grieving, they also have to manage a mountain of urgent tasks: locating insurance policies, paying the mortgage, accessing accounts, finding the will, securing property and notifying employers. The stress that comes with these realities multiplies when key documents and passwords are scattered. Loved ones can feel panicked, guilty and overwhelmed, all while trying to honor your memory. A well-prepared “Death Binder” is a practical solution. Despite the blunt nickname, it is not a morbid task. It is an act of love and organization that reduces confusion, prevents missed deadlines and helps your family make decisions with clarity.

Why does this binder matter?

Putting together an estate plan is only part of the process. The next step is to make sure loved ones know where to access important information when they need it. A will locked in an unknown safe deposit box, a life insurance policy buried in old mail or a phone that no one can unlock can cause delay and frustration. Bills go unpaid, benefits are missed and avoidable legal fees accumulate. A binder creates one reliable place to start.

What should I include in my “In case of emergency” binder?

Before you begin, choose a format that is easy to use: a physical binder with labeled tabs, a secure digital folder or both. Tell at least two trusted people where it is and how to access it. Include all important information. You can break it down into sections, such as:

Key contacts: attorney, executor, financial advisor, accountant, employer HR, close family, clergy or funeral home preference
Legal documents: will, trust, powers of attorney, health care directive, guardianship nominations, marriage or divorce records
Financial accounts and property: bank and brokerage accounts, retirement plans, mortgage details, deeds, vehicle titles, business interests
Insurance and benefits: life, health, disability, long-term care, homeowners, auto, veterans or pension benefits
Passwords and access: password manager instructions, phone unlock method, email access, two-factor recovery codes, social media plan
Final wishes and practical notes: funeral preferences, obituary details, organ donation, pet care instructions, location of keys and safe combinations

Once assembled, add a one-page “first steps” sheet at the front so a grieving person does not have to guess what to do next.

Is there anything else I should know?

A binder only helps if it stays accurate. Set a recurring reminder to review the binder and your estate plan at least annually and after major life events such as marriage, divorce, a move, a new child or a job change. Replace outdated account numbers, update beneficiaries and confirm that your named decision-makers are still willing and able to serve. Creating a “Death Binder” is not about expecting the worst — it is about sparing the people you love from unnecessary stress when they are already carrying enough. By gathering key documents, account details, access instructions and personal wishes in one clear place, you give your family a starting point, a roadmap and the confidence that they are handling things the way you intended. Start small if you need to: choose a format, create the tabs and add what you already have. Then build it out over time and keep it updated. The real value of the binder is not the paperwork — it is the peace of mind it provides. One day, someone you care about will open it and feel relief instead of panic. That is a lasting gift.

Does my business need a noncompete agreement?

2026-06-09T15:44:10Z

Noncompete agreements can be a useful tool for Ohio business owners, but they are not a one size fits all solution. Used well, they help protect legitimate business interests. Used poorly, they can frustrate hiring, harm morale and be difficult to enforce. The better question is often not whether you need a noncompete, but whether a noncompete is the right restriction for the risk you are trying to manage.

What a noncompete helps protect

A properly drafted noncompete can prevent a current or former worker from competing in a way that unfairly damages your business. In Ohio, employers most often use noncompetes to protect:

Trade secrets and confidential information
Customer relationships and goodwill
Investments in specialized training or strategic roles

These are common interests courts generally recognize as potentially legitimate. If your concern is really about misuse of customer lists or pricing, a strong confidentiality agreement may address the risk with less friction than a broad noncompete.

When noncompetes are most beneficial

Noncompetes are most effective when the employee could quickly and meaningfully harm your business by moving to a competitor or launching a competing venture. Typical situations include:

Key sales staff with deep customer access and relationship influence
Executives or managers involved in strategy, pricing, sourcing or expansion
Employees with access to proprietary processes, formulas or long term plans
Departing owners in a business sale where the buyer is purchasing goodwill

In these scenarios, a narrowly tailored noncompete can preserve the value you have built and discourage unfair competition. If the role is entry level or the employee has little access to sensitive information, a noncompete may be unnecessary and could be harder to justify.

When these agreements are valid in Ohio

Ohio courts generally enforce noncompetes when they are reasonable and necessary to protect legitimate business interests. Under Ohio law, the core factors typically include the duration, the geographic scope and the scope of restricted activities. In certain circumstances a court may modify an overly restrictive agreement rather than throw it out entirely. A noncompete agreement can be a smart layer of protection for the right employees and the right risks, particularly in customer facing and strategic roles. To improve enforceability in Ohio, keep the restrictions narrow, connect them to a clear business need and consider whether confidentiality or nonsolicitation terms can accomplish your goals with less disruption. Legal counsel can help you meet these requirements by tailoring such agreements to your industry, role and competitive landscape.

Ohio crime by the numbers: Arrests across all charges

2026-05-28T10:20:16Z

If you live in Ohio, you have likely heard broad claims about crime going up or down without much context behind the numbers. Knowing what arrest data shows — and what it does not — can help you think more clearly about the justice system and your own place within it.

A decade of falling arrest numbers

Ohio's overall arrest totals have trended downward over the past decade, matching a pattern seen across the country. The COVID-19 pandemic deepened that decline in 2020, when reduced travel and public activity led to fewer police encounters statewide. Some offense categories rebounded after 2020, though many have not returned to pre-pandemic or mid-2010s levels. Operating a Vehicle Impaired (OVI)-related convictions, for example, fell from roughly 47,000 in 2014 to about 33,700 in 2023, with 2020 marking the steepest single-year decline during the pandemic. Violent crime followed a more uneven path. Homicide rates in the state rose about 40 percent between 2019 and 2020, and more than 30,000 violent offenses were reported in 2023. Those figures include homicide, robbery and aggravated assault.

A breakdown of the offenses driving volume

The following numbers reflect data from the Federal Bureau of Investigation's (FBI) Uniform Crime Reporting submissions by participating law enforcement agencies across Ohio:

Drug/Narcotic violations produced 20,745 arrests, making substance-related offenses one of the largest single categories in the state’s riminal justice system.
Simple assault led violent offense categories with 35,196 arrests, while aggravated assault accounted for an additional 6,256 arrests.
Larceny and theft generated 19,124 arrests, followed by burglary at 2,885 arrests and motor vehicle theft at 1,273 arrests.

These categories can overlap in practice, because a single incident may lead to multiple charges, such as drug and property-related offenses. Classification also varies by agency based on how they code offenses within the FBI’s incident-based reporting system.

A review of defense strategies

An arrest does not mean a conviction will follow. The prosecution must prove every element of a charge beyond a reasonable doubt, and that high standard creates room for defense arguments that vary depending on the facts of your situation. One common starting point involves looking at how law enforcement handled the stop, the search or the arrest itself. If officers lacked probable cause or did not follow proper steps, the evidence they gathered may be open to challenge in court. These protections apply whether the case involves a drug offense, an impaired driving charge or a violent crime charge. Strategies also differ by charge type. In OVI cases, you may raise questions about the accuracy of field sobriety testing or the upkeep of testing equipment. In theft or property matters, issues of intent or mistaken identity may become relevant.

Why young Ohio parents need estate plans

2026-05-18T09:59:26Z

You've babyproofed every outlet. You researched the safest car seat. You interviewed three pediatricians before choosing one. You take your parenting responsibilities seriously. But here's one critical decision many young parents haven't made: who should raise your children if both parents can't?

If you don't have an estate plan, you are leaving these critical decisions and responsibilities up to chance.

The guardian problem: A judge will choose

Without a will, Ohio law requires a probate court to decide who raises your children. This isn't a quick rubber stamp of your closest family member. Here's what actually happens:

A judge reviews petitions from interested relatives
Family members may fight in court over custody
The process takes time and costs money
Your children could be in uncertain living situations during disputes
The court's choice may not align with your wishes

Even if you have a great family, the court still controls the process without your written instructions.

The money trap: Life insurance without a plan

Many young parents carry life insurance, whether through employer benefits or individual policies. But minors cannot legally inherit money directly in Ohio. Unless you set up a trust, problems can pile up fast. For instance, the court will appoint someone to manage the money (who might not be the person raising your kids). Additionally, funds are restricted and supervised for years, then suddenly unrestricted when a minor turns 18. At that point, your child could receive the entire amount at once with no guidance. That $500,000 policy you bought to pay for college tuition could become a new sports car and spring break trips instead.

The incapacity blind spot

Most parents only think about estate planning in terms of death. But consider this: if you're both hospitalized after an accident, who pays your mortgage? Who accesses your bank accounts to cover bills and childcare? Without financial powers of attorney in place, even your closest family members may need to go to court just to manage your finances during your recovery. Court proceedings cost time and money when your family needs help immediately. Estate planning documents let trusted people step in right away when crisis hits.

Don't gamble with your children's future

You plan for everything else when it comes to your children's safety and future. Estate planning is just one more box to check, but it's one that only you can complete. While many young parents haven't gotten around to making a plan yet, there's no better time than now.

Petty theft vs. felony theft in Ohio explained

2026-04-22T13:21:40Z

If you face a theft allegation, one detail often shapes its classification: the value tied to the property or service. That number can move your situation from petty theft into a felony category, which can change how courts view and handle it. If you feel unsure where your case falls, that reaction makes sense because even a small difference in value carries serious weight. As a result, the way authorities assign that value can influence the course of your case.

Value thresholds and factors that determine theft classification in Ohio

Ohio uses defined value ranges to classify theft offenses. If the property or service stays below $1,000, your situation may fall under petty theft, which courts commonly treat as a first-degree misdemeanor. Once the value reaches $1,000 or more, the charge may shift into felony territory, starting at a fifth-degree level and increasing as the value rises. Even so, value does not act alone. The following details can also influence the charge level:

Property classification: Firearm or motor vehicle involvement can lead authorities to raise the charge regardless of value
Protected status: Involvement of an elderly or disabled person can lead authorities to increase the charge level even at lower amounts
Specific item types: Use of items like credit cards or identification can lead authorities to elevate the charge without regard to price
Prior record weight: A history of theft-related conduct can influence how authorities evaluate the current situation

The assigned value sets the starting point, but the surrounding facts can still shift the direction of your case.

Small valuation differences can change charge severity

The difference between a misdemeanor and a felony theft charge can come down to the exact amount listed for the item. A store may rely on the full retail price instead of a sale price or combine several items into one total. When the value sits close to $1,000, you can look at the price the store listed and the items it counted to better understand why your situation falls into a specific category.

Your helpful guide to managing digital assets under Ohio law

2026-04-22T13:21:46Z

After stepping into the role of executor, you are ready to handle your loved one’s house, car and other assets. However, your responsibilities do not stop there. You must also manage their digital legacy, from social media accounts to cryptocurrencies.

Your rights under the RUFADAA

Ohio governs digital assets through the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This gives you, as the legally appointed fiduciary, a clear path to manage the decedent’s digital property. However, under Ohio law, you can only access a catalogue of communication. The law prohibits you from accessing the content of electronic communications unless the decedent explicitly consented.

What you can and cannot do as an executor

Managing assets under RUFADAA follows a specific legal hierarchy, which means you cannot simply log into the decedent’s accounts using their passwords. You must identify the priority of instructions:

Online tools: If the decedent used an online platform’s built-in tools, these override the existing will. However, this only applies if the website lets you change or delete an emergency contact whenever you want.

Legal documents: If the decedent did not use any tool, check the will to identify whether the decedent granted you power over digital assets.

Terms of service: If no online tool or will exists, the custodian’s Terms of Service agreement applies. However, RUFADAA provides a statutory fallback that allows fiduciaries to request a catalogue of assets even if the service agreement is silent.

Given the intricacies of the matter, it is important to exercise caution before taking action.

Addressing digital assets with help

The intersection of technology and probate law is moving faster than most court forms can keep up with. As you manage your loved one’s estate, the technicalities of digital disclosure can become overwhelming. To ensure you meet your fiduciary duties while protecting your family’s privacy, it is often wise to consult with a probate attorney who understands the nuances of Ohio’s digital asset statutes.

What are common disputes in commercial real estate transactions?

2026-04-21T13:41:39Z

Commercial real estate deals involve many moving parts and people. Because of this, disputes often arise during the process. Understanding these issues helps buyers, sellers and landlords avoid costly mistakes and delays. Before getting involved in real estate transactions, here are four common disputes you should look out for.

Title defects

Buyers and sellers often disagree over title defects. A title defect can include liens, easements or missing legal documents. If the title is not clear, the buyer might not get full ownership or could face legal trouble after closing. You need to address these issues before finalizing the deal.

Breach of contract

Parties sometimes fail to meet the terms set in the purchase agreement. This could mean missing deadlines, failing to make payments or not delivering the property as promised. Breach of contract claims can lead to canceled deals and financial losses.

Property condition issues

Disputes often arise over the condition of the property. Buyers may find problems during inspections, such as structural damage or environmental hazards. Sellers must disclose known issues under Ohio law. If either party hides information, it can lead to legal action.

Financing problems

Financing forms the backbone of many real estate deals. When buyers cannot secure a loan or when lenders back out, the transaction can collapse. Disputes over earnest money or deposits can follow, especially if both sides disagree on who should keep the funds.

Why legal guidance matters

You should always seek legal support when dealing with commercial real estate disputes in Ohio. Skilled attorneys can review contracts, resolve conflicts and protect your interests. Their guidance can help you avoid mistakes and ensure a smoother transaction for everyone involved.