Ohio Recent Legal Answers from Lawyers

The short answer to your question is that yes you can use your retirement funds to buy a car, but I will go through the legal explanation below. Technically, the Trustee has until 30 days after they conclude the Meeting of Creditors (341a Meeting) to object to any exemptions that you have.   So assuming you properly listed the IRA and exempted it, and the Trustee concluded the Meeting of Creditors after your meeting a week ago (which is usually the case, unless the Trustee requested additional information or intends to pursue any assets that you have), then you may use your IRA funds any time after that 30 day period if the Trustee does not file an objection to your exemption by that time. Generally speaking, retirement accounts are exempt and Trustees do not typically object to them unless they are very high amounts (like over a million dollars), so it is likely fairly low risk that there would be any issue with you using the funds now.   But of course if the Trustee did successfully object to your exemption, you might have to turn over the retirement funds to the Trustee.   But again, that is a very unlikely scenario. What your attorney was likely telling you was that it is not a good idea to use your IRA to buy a car, regardless of the bankruptcy case.   If you take an early distribution on your retirement, you will both pay a penalty for the early withdrawal (if you are below the age at which the IRS allows withdrawal) AND that withdrawal will be considered income on which you will have to pay taxes.    So overall, since retirement funds in general are protected and to be used for retirement, plus the costs for early withdrawal, it is usually a bad idea to use them for anything other than retirement.    That being said, as you mention, you do need a vehicle and sometimes you need to use retirement for these things.  Just be aware of the costs of doing so.      ... Read More

From your description, your mother lacks the legal capacity required to grant a Durable [Financial] Power of Attorney or enter into a contract to buy a car.  If you think that she needs someone to take control of her financial affairs, hire a local probate attorney and apply for guardianship.... Read More

Hi Darlene. A fiancé visa can be issued to a foreign national spouse who is sponsored by a US citizen. Are you a US citizen? Also you must have physically met within two years from the date of filing? Some counsel charge a flat rate reasonable fee for these cases. This site precludes attorneys from soliciting your case so you would have to reach out to one of us. Finally the Trump travel ban may impact the K visa processing but because it's a nonimmigrant visa it may not. Discuss with counsel. Counsel in any state can represent you. ... Read More

It would be very unusual for an attorney to be able to finalize a settlement without his/her client's signature (or voluntary statement in open court).  I think the attorney is probably going to ask you to sign a settlement agreement. If you don't agree with the settlement, don't isgn it and dont' take the check.  If your attorney has actually finalized a settlement without your knowledge or consent, you can sue your attorney, but you will have to prove that you would have received more had you not settled, which may be very tough to do.  You can also bring a disciplinary complaint against your attorney with the bar.... Read More

This question is really really trust language-specific. I would need to know who the trustee is, whether it is a revocable or irrevocable trust, and what the terms are. If your grandmother is trustee and unable to speak or respond, then a guardianship can be set in place for her to run the trust which may help. If the lawyers are the duly appointed trustees, and not just the trustees agents, then it will be much harder to remove them absent showing a breach of fiduciary duty.   If you're willing to send the trust document over I can have a look. If you don't have a copy, you are entitled to one as a beneficiary of the trust. Make a request to the attorneys for one.... Read More