McCarthy Law Office Blog

Latest News About Our Law Firm

Why Every Ohio Driver Should Have Underinsured and Uninsured Motorist Coverage

If you are injured by the negligence of an uninsured or underinsured driver, let McCarthy Law Office guide you through the process and fight for the maximum amount of compensation.

Legal Documents For Your College-Bound Student

If you are in need of legal documents for your high school graduate and soon-to-be college student, or if you are need of a review and update of your estate plan, please contact me at mccarthy@danmccarthylaw.com or 513-815-7006 for a consultation.

McCarthy Appointed to Hamilton County Regional Planning Commission

Dan McCarthy was recently appointed to the Hamilton County Regional Planning Commission ("RPC"). Dan's term expires on March 6, 2024. The RPC responsibilities include, among others: Review all preliminary subdivision plans and approves, disapproves, or conditionally...

Why do I need a Letter of Instruction for my Estate Plan?

A letter of instruction (LOI) is an important part of any comprehensive estate plan, whether you're just starting out or have a plan already in place. A letter of instruction can help your loved ones manage important information about you. A LOI conveys your desires,...

Changes in Advance Directives Brought About by COVID-19

The COVID-19 pandemic underscores the importance of advance care planning and directives. Responses to vaccinations and understanding their efficacy, reinfection potential, and long-haul symptoms resulting from COVID-19 continue to baffle our scientific understanding....

Who Gets the Farm?

Suppose the parents have run the family farm for many years. Now, though, they’re getting on in their years and they’re considering moving into a smaller place. One of the daughters and her husband help run the farm, but the rest of the siblings have moved away and...

7 Silly Reasons We Procrastinate Estate Planning

I don't own much and neither does my family. Can't we delay estate planning until we can afford it? You shouldn’t. It is crucial to give legal authority to a person of your choice, to care for your children if anything should happen to you. You don’t want your...

Tips for Addressing Estate Planning and Finances With Your Parents

In order for your parents to be properly prepared for the future, it is critical to discuss finances with them. To broach the topic, you might bring up current events like the coronavirus pandemic, its effect on economic conditions, and how it relates to the security...

The Five Common Mistakes Made in Estate Planning

During your lifetime, you spend the first part trying to attain financial security and the second part working to maintain it. This adage is why many people spend substantial time and effort maximizing their legacy goals in their estate plan, ensuring their wishes...

Understanding the Duties of Guardianship

As your parent ages, there may come a time when you must take on guardianship for your parent, accepting legal responsibility for their care and wellbeing. The duties include a parent's daily care, medical care, and possibly financial decisions made on their behalf....

McCarthy Named as a 2022 Ohio Super Lawyer

We are pleased to announce that Dan McCarthy has once again been named to the Ohio Super Lawyers list. This is his fourth consecutive year on the list, continuing a streak that started in 2019. He was also named as a Rising Star Super Lawyer from 2014-2017. 

Beneficiary Designations: Pitfalls to Avoid

You might think that leaving your property to your heirs would be easy. You make a will or a trust, you do a transfer-on-death deed for your real estate, you put your kids on your bank account, you designate beneficiaries for your life insurance and retirement...

Ensure Your End-of-Life Wishes Are Followed by Preparing a Power-of-Attorney

Attorney’s prepare powers-of-attorney documents for clients in order to communicate their wishes and delegate an entrusted person to make decisions on the clients’ behalf when their clients no longer can. But when it comes to actually using those documents at the time...

New Tax Law Proposal May Have a Significant Impact on Estate Planning

A new tax law proposal greatly impacting estate planning may soon be enacted into law. While it is too early to know what will become law, the House Ways & Means Committee tax plan draft indicates that change is coming soon. While new details emerge and changes...

A Trust Has Many Benefits

A trust is a great mechanism for handling estate business and it can be beneficial to anyone with any number of assets. You want to keep your affairs private and stay out of probate court? Maybe you have stepchildren? You want to leave money to your favorite...

Add a Personal Property Memorandum to Your Will or Trust

When a family member has passed, the family occasionally ends up arguing over personal property. Arguments can take place over things like a coffee mug, a piece of jewelry, or a painting. These types of arguments can be eliminated by filling out a personal property...

How to Incorporate Cryptocurrency Into Your Estate Plan

Cryptocurrency is a digital asset and as such needs to be addressed differently than traditional estate planning assets. Crypto-assets may comprise significant individual wealth in the forms of cryptocurrencies like Bitcoin and noncurrency blockchain tokens. If you...

The Importance of Clear End-of-Life Care Instructions

You would hope your living will is properly prepared and your resuscitation instructions or DNR (do not resuscitate) are in order. While your wishes in a living will may be appropriately documented, that does not guarantee the instructions will be carried out as you...

How Do I Know if I Need a Trust?

This article will help you decide if a trust fits your particular circumstances. For example, maybe you have a disabled child and you want a trust to permit that child to inherit without losing government benefits. Maybe your own or your spouse’s health is heading...

Power of Attorney (POA) Documents Are Essential

It is critical to have iron-clad “power of attorney” documents for when you are no longer able to manage your financial or healthcare matters. Beware if you rely only on POAs that hospitals provide, or that you have pulled off the Internet, or that you have got from...

It Is Essential for Seniors to Prepare an Estate Plan

It makes sense that more aging Americans have completed wills and estate plans compared to younger Americans. Still, a significant number — 19 percent of those over age 72 and 42 percent of those between 53 and 71, according to survey data — lack any type of estate...

The Importance of a Health-Care Power of Attorney

If we want our dying to be meaningful and merciful, it is imperative that we think about it while we still can. Most of us want to die at home, in a familiar and peaceful setting surrounded by loved ones. We would much rather not spend our last moments in an emergency...

Navigating Estate Administration Through Probate Court

Probate is the process of proving a will for a person who has deceased. While state probate laws may vary, the general process is quite similar across the country. A probate judge will also oversee cases where the deceased person did not prepare a will, known as dying...

Why It Is Important to Have a Will

57% of American adults have not prepared a Last Will & Testament (a “Will”) according to Care.com’s estate planning survey. The survey found that participants were more likely or less likely to have a Will depending on issues such as age, race, and education. For...

Considerations for Selecting a Power of Attorney Representative

In a comprehensive estate plan, it is crucial to include a power of attorney assigning who will be your trusted agent to manage your affairs. These legal documents can grant broad authority to one or more power of attorney agents to transact business or make medical...

McCarthy Admitted to Practice In the United States Supreme Court

Dan McCarthy was recently admitted to practice in the United States Supreme Court. An attorney must be admitted to the Court in order to participate in any cases before the Court. McCarthy Law Office was retained by the Fraternity Forward Coalition and the Fraternity...

Establish a Trust to Pass Wealth and Family Values on to Your Children

Parents need to instill family values at an early age to ensure the adoption of these family values. Undoubtedly the best time to teach and empower your children as eventual inheritors of your family legacy is during childhood, then continuing throughout adulthood....

What We Can Learn From Britney Spears Conservatorship

A conservator is appointed by the court to care for and protect a person who is deemed unable to care for themselves. Among the conservator’s responsibilities are managing the conservatee’s health and wellbeing as well as preserving their assets. While most people's...

Review Your Estate Plan Annually to Make Sure It Is Up-to-Date

Just like you should visit your doctor for a yearly check-up, you should review your estate planning documents annually to make sure they are up-to-date. Children grow up, marriages dissolve, property gets sold, residences change. That’s why we recommend that you...

Planning Considerations for Timeshares and Vacation Clubs–Should Your Trust Be the Owner?

When it comes to your estate planning though, how should you handle your timeshare? If you have a revocable trust, should you transfer ownership of the timeshare to your trust? Should you instead continue to hold it in your name, or jointly with another family member? What if you do not use it very often and, despite your efforts to get your adult children to use it, it mostly just goes unused? Here are a few things to consider when deciding how to plan for your timeshare.

Open Records: Anyone Can Find Out About Your Probate

Probated estates become a matter of public record. That means that anyone can simply go down to the courthouse or hop online and find out about your probate, including your family information and a detailed inventory of all of your assets.

Estate Planning for High School Graduates–Seriously

Congratulations! Graduation is the culmination of years of hard work, and often years of private school tuition payments. Graduation from high school also generally means that you are at least 18 years-old. Aside from purchasing alcohol, there is now very little you cannot legally do. Even though you may not feel any different, from a legal standpoint, a lot has changed.

Most Common Reasons Why People Fail to Plan

It can be hard to get motivated about your estate planning; it sounds about as fun as getting a root canal. However, you also probably want to make sure that your loved ones are protected and receive your hard-earned money and property – regardless of whether you have...

Estate Planning Check-Up

Did you know…? If you don’t have a valid will or trust, then Ohio laws will determine how your assets pass, to whom they pass, and when they pass. Here is a brief check-up on the status of your plan.

Advance Health Care Directives: Health Care Power of Attorneys and Living Wills Explained

With health care at the top of everyone’s mind right now, we want to reassure you that we are here to help. Choosing the right health care decision-maker and clearly communicating your wishes for your end-of-life care are two matters that should not be taken lightly. We can assist you in determining whom to name to this very important role and making sure that your wishes are clearly communicated in the appropriate documents

Legal Paperwork Cheatsheet: A Guide to the Top 10 Must-Have Documents

In order to avoid problems, below is a list of ten documents you should start preparing right away to ensure you have a solid estate plan in place and your heirs are protected.

How to Talk to your Parents about Creating an Estate Plan

Conversations about death and dying are rarely fun. Most people avoid them because they invoke feelings about our inevitable demise. Broaching this subject can be particularly difficult for parents and their adult children. Adult children may avoid bringing up the...

Use Your Covid Relief Payment to Plan your Family’s Future

President Biden signed the American Rescue Plan on March 11, 2021. The money has already started to go to those taxpayers who use direct deposit. Money will continue to be distributed in the coming weeks and months. Now is a great time to scratch estate planning off your to-do list and protect your family’s future. 

What Can Happen to Your Business When You Die or Become Incapacitated

Preparing your company for your incapacity or death is vital to its survival. If you have not planned appropriately, your business can be disrupted, harming your customers, employees, vendors, and ultimately, your family.

What is my Car Accident Claim Worth?

If you have been injured by the negligence of another driver, contact McCarthy Law Office for a free consultation to discuss your clam. 

7 Reasons Why You Should Not Write Your Own Will

A DIY estate plan can lead to a false sense of security because it may not achieve what you think it does. Trying to go it alone may actually do much more harm than good. We are here to help and give you peace of mind. Call, text, or email to schedule an appointment to get started on your family’s plan.

Probate–Why and How to Avoid

An estate plan is much more than a simple will. In order to properly plan for your family, you must coordinate your assets and your documents. I can help ensure that you have the necessary documents to avoid probate where possible and will help provide peace of mind. Please call, text, or email to get started today.

Should your Child’s Guardian and Trustee Be the Same Person?

While estate planning can be daunting, it does not have to be. Contact a knowledgeable estate planning attorney to help guide you through this process. We can explain your options and advise you on the best plan that will follow your wishes while at the same time meeting your family’s needs. I strive to make the process as painless and seamless as possible.

End of Year Estate Planning Goals

Call or email McCarthy Law Office. The end of the year and getting ready for the holidays is stressful. We can help make the estate planning process as painless as possible and scratch this very important task off of your to-do list. 

Estate Planning for Families

Who needs a will?  In short, anyone with either property or kids.  I have talked to many people who have the best of intentions of finally drafting a will.  But it is very easy to put off drafting a will until tomorrow.  Tomorrow becomes next week, which becomes next...

Total Car Accidents Down in Ohio, but Deaths Rise?

According to this article on cincinnati.com, the total number of car crashes in Ohio is down about 25% in 2020. This is largely due to reduced driving during the pandemic....
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McCarthy Law Office Announces New West Side Office and Revamped Website

To better serve our clients, McCarthy Law Office is pleased to announce a new office located at 7595 Bridgetown Road, Suite 200. To those familiar with the area, this is the intersection of Bridgetown Road and Shady Lane. This provides a convenient location for client...

Planning, Preparing and Signing Wills During Covid-19

Ohio extended its Stay at Home Order until at least May 1st. The global pandemic caused by Covid-19, also known as the Coronavirus, has heightened many clients’ interest in completing their wills and estate plans. I have received many questions from clients about the...
Estate Planning Blog Article

Time to Act: Essential Estate Planning in Ohio

Nobody wants to talk about their potential demise. But it is a necessary process. I make estate planning as painless as possible and will explain the entire process in easy to understand language without judgment. My job is to help you create documents that will take...
Asbestos Blog Article

Mesothelioma and Asbestos-Related Attorney in Cincinnati, Ohio

Despite widespread belief to the contrary, asbestos is not banned and remains legal in the United States. Exposure to asbestos takes the lives of nearly 40,000 Americans every year and leaves countless others with lifetime illnesses, such as mesothelioma and...
Cincinnati Personal Injury Attorney

Frequently Asked Questions about Car Accident Cases

Car accidents are both physically and emotionally traumatic. If you are in a motor vehicle collision, you will likely have many questions. In my over 15 years of experience helping injured motorists, clients routinely ask several questions: How much is my case worth?...
Estate Planning Checklist Blog Article

Annual Estate Planning Checklist

With the start of the New Year, it is as good of a time as any to sit down and assess your financial health and preparedness. Here is a quick checklist to help you knock this off your ever-increasing to do list: Do you have a will? If not, get one. Everyone over 18...
Family Estate Planning Blog Article

You Need a Will—Let’s Make it Happen

Having a will is one of the most important things you can do for yourself and your family. A will is one of the fundamental documents of an estate plan. An estate plan is simply your instructions stating who gets what you have and when they are to receive it. Whether...

Tips for Selecting a Guardian For your Children in Cincinnati

No parent wants to think about what would happen to their children if both parents died prematurely and were not able to raise their children. Without the proper plan in place, a court will make that decision for you. Poor planning could lead to relatives arguing in...

Avoid These 10 Common Estate Planning Mistakes

Have you been meaning to finally get a will? Maybe it has been years since you even looked at your documents. Now is a good time to do so. Drum roll please, here are some common mistakes I have seen over the years:Not having a written plan. Not having a plan is...

McCarthy Law adds a West Side Office

Do you need a will but would prefer not to go downtown? McCarthy Law Office now has an office on the West Side for this very reason. We now offer a convenient location at 5600 Harrison Avenue, Suite 200 in addition to our existing location on Court Street.Whether you...

Why You Must Fund Your Trust

Revocable living trusts offer many benefits over wills, including asset management and probate avoidance. But even the best designed and drafted trust will fail unless it is properly funded. Once completed, the trust is just an empty vessel until it is filled with...

Understanding the Difference Between a Will and a Living Trust

Do you need a will? Do you need a trust? What the heck is a trust? Most clients I meet with know they need a will. Most have heard of a trust. But most cannot really define a trust or define why a trust is or is not appropriate for their specific needs. So what is the...

Why You Must Coordinate Your Assets

An estate plan is more than just your will. More and more wealth is controlled by beneficiary designation. A will does not override or control assets that contain a beneficiary designation. Such assets may include:Real estate controlled by a Transfer on Death...

Four Estate Planning Items Every Family Should Have

To dispel a common misperception, estate planning is not only for the wealthy. A basic estate plan is necessary for everyone, regardless of income or assets, because we all want to minimize costs, confusion, and stress for loved ones after a death. If you do not make...

Top 10 Things to Know After a Car Accident

1.    Stop. You must stay at the scene. You can move the cars to a safe place if necessary, but do not leave the area.2.    Check for injuries for you, your passengers, and other involved in the accident. If seriously injured, go straight...

New Ohio Law Gives POA Authority for Digital Assets

Twitter. Gmail. Facebook. Snapchat. Dropbox. Itunes. You get the idea. So much of what we do is now online. Revised Code Section 1337.571 becomes effective this week and gives fiduciary power to access digital assets. When crafting your estate plan, consideration must...

Manchester by the Sea Provides Planning Lessons

I finally watched Manchester by the Sea last night. I will spare you my poor attempt to play Roger Ebert. It is not exactly uplifting but it is definitely worth watching and I thought it was very well done. Casey Affleck (playing Lee Chander) in particular was very...

Tenant’s Compensation in Ohio Eminent Domain Cases

The use of eminent domain to acquire commercial property impacts tenants as well as the owner/landlord of the property. Ohio uses the undivided-fee rule, which first values the property as a whole and then apportions the award to each property interest. This procedure...

Estate Planning Process

My estate planning process is typically a 3-step process. I meet with clients to assess their unique situation to create an individualized plan to specifically address their personal wants and needs. STEP 1: CONSULTATION AND SIGN-UPThe first step is about...

McCarthy named a Super Lawyer Rising Star for 2016

It is always nice to be recognized by one's peers.  I was once again named a Rising Star by Super Lawyers for 2016.  This is in the third year in a row I have received this recognition.  Super Lawyers uses an in-depth selection process that starts with...

Decisions for Parents with Young Children

As we move into the Holiday season, it is a good time to to draft or reassess estate planning documents.  Parents with minor children have important decisions to make.  People generally never want to think about worst case situation of a simultaneous death...

CBA Hosts Local Government CLE on 10-16-15

I am the Chair of the Cincinnati Bar Association Local Government Law Committee.  The Committee meets once a month and consists of lawyers who work with city, county, and other local government bodies.  We discuss topics relevant to local governments, such...

Estate Planning Considerations for Families

Who needs a will?  In short, anyone with either property or kids.  I have talked to many people who have the best of intentions of finally drafting a will.  But it is very easy to put off drafting a will until tomorrow.  Tomorrow becomes next...

Presentation at Gamma Phi Beta Conference

I want to thank Laurie Veldhuizen and the women of Gamma Phi Beta.  I recently presented at Gamma Phi Beta's REAL Leadership Institute in Frisco, Texas.  My topic was "Liability: Protecting Gamma Phi Beta."  I was joined by Laurie Velduizen, the...

2nd Article for the Greater Cincinnati Northern Kentucky Apartment Association Newsletter

I am writing a series of articles for the GCNKAA Newsletter on chronic nuisance premises ordinances.  My second article, which appears in the April issue, is available on their webpage here: http://gcnkaa.org/newsletter/ The Legal Case Against...

An Introduction to Chronic Nuisance Ordinances

More and more cities are enacting chronic nuisance property ordinances.  Along with Tim Burke, I represented a large property owner in a federal court challenge to Cincinnati's ordinance.  That case ultimately settled, but only after the City...

Challenge Your Property Taxes (by March 31st)

Want to save money? In Ohio, property owners have the opportunity to reduce their real estate property taxes by filing a Complaint Against the Valuation of Real Property with their County's Board of Revision.  But all such complaints must be filed no later...

Welcome to McCarthy Law Office.

Welcome.  Welcome to my new website.  More importantly, welcome to my new law practice.  Starting my own law firm is something I have long envisioned.  It is now a reality.My father started and operated his own law practice (he still does with my...
Legal Documents For Your College-Bound Student

If you are in need of legal documents for your high school graduate and soon-to-be college student, or if you are need of a review and update of your estate plan, please contact me at mccarthy@danmccarthylaw.com or 513-815-7006 for a consultation.

read more
Who Gets the Farm?
Who Gets the Farm?

Suppose the parents have run the family farm for many years. Now, though, they’re getting on in their years and they’re considering moving into a smaller place. One of the daughters and her husband help run the farm, but the rest of the siblings have moved away and...

read more
7 Silly Reasons We Procrastinate Estate Planning
7 Silly Reasons We Procrastinate Estate Planning

I don't own much and neither does my family. Can't we delay estate planning until we can afford it? You shouldn’t. It is crucial to give legal authority to a person of your choice, to care for your children if anything should happen to you. You don’t want your...

read more
The Five Common Mistakes Made in Estate Planning
The Five Common Mistakes Made in Estate Planning

During your lifetime, you spend the first part trying to attain financial security and the second part working to maintain it. This adage is why many people spend substantial time and effort maximizing their legacy goals in their estate plan, ensuring their wishes...

read more
Understanding the Duties of Guardianship
Understanding the Duties of Guardianship

As your parent ages, there may come a time when you must take on guardianship for your parent, accepting legal responsibility for their care and wellbeing. The duties include a parent's daily care, medical care, and possibly financial decisions made on their behalf....

read more

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