View Our Areas of Legal Practice
With over 40 years of experience, we provide our clients with excellent legal knowledge, guidance and confidentiality as we help them through their legal process. Clark & Lowe promotes and treats each client with dignity and respect, recognizing the uniqueness of each client, and seeking a legal result which satisfies the clients’ goals. Clark & Lowe is committed to providing professional legal services for our clients. Let’s get started in representing you.
Elder Law
Understanding the legal and life issues of our older clients is an important part of our practice. Elder law planning is a process of exploring and designing a plan for a client’s later years, which gives the client and their family peace of mind.
Elder Law Planning addresses many issues such as Medicaid, Medicare, Real Estate, Housing, Disability, Nursing Homes, Social Security, Mental Health, Guardianship, Health Care Directives, Elder Abuse, Probate, Insurance, Taxes, Trusts, Asset Preservation, Special Needs, Banking and Investments. A comprehensive approach is necessary because a solution in one area could create problems in other areas.
We understand and empathize with our clients that Elder Law issues are sometimes complex and difficult to handle. We want to work with our older clients and families to help establish a plan that emphasizes the quality of life and avoid stress and anxiety that many face when dealing with these issues without professional assistance. Please contact us and allow us the pleasure of addressing your Elder Law concerns.
Estate Planning - Wills & Trusts
Estate Planning is more than creating a Will. Many personal and legal issues must be considered before a comprehensive Estate Plan can be formulated to meet a client’s goals. A proper Estate Plan should be designed to meet a person’s or family’s unique financial and personal circumstances.
Considerations that should be addressed in any Estate Plan ensure Beneficiaries receive the maximum wealth after death efficiently, privately and without unnecessary procedural or court complications. Protection of assets, minimizing taxes, avoiding unnecessary court costs, or court delays; Avoiding Probate Court; Transfer of a family business; Health Care Directives; Avoiding family conflict.
Estate Planning documents that should be considered are: Wills, Living Trusts, Financial Power of Attorney, Digital Power of Attorney, Durable Power of Attorney for Health Care, Living Will, HIPAA Release, Guardianship Nominations, and Funeral Arrangements. For more information about how we can help you achieve your Estate Planning goal please contact us.
Estate Planning for Business Transactions/Business Succession-Organizations or Corporate/Business
We can assist you with starting a new business, operating a business, purchasing or selling a business, or passing a business on to a new generation. Business owners need to address these situations. We can help and guide you through the process of Estate Planning for a Business.
The type of entity (corporation, limited liability company, or partnership) needs to be analyzed beyond the tax effect. You should consider the terms of the agreements with your business associates, employees, contractors, vendors and customers. These agreements need to be clear and concise to protect you from liability, to protect your investment, trade secrets, and to limit potential disputes that may occur during the course of business.
Probate Estate Administration
The passing of a loved one is difficult. We understand such loss can be overwhelming and disruptive. We assist our clients with compassion and experience to navigate this difficult time. We can assist with important and timely legal decisions during this tumultuous period.
Probate Estate Administration is a legal process whereby Probate assets are administered, and claims, debts and taxes are processed. Probating an estate requires the appointment of representative of the estate either an Executor (if there is a Will) or an Administrator (no Will). Some of the duties of the representative are: collecting the assets; identifying the claims and debts; determining the names, addresses, and relationship of the heirs; assessing the validity of claims and debts; preparing the necessary tax returns; distributing the assets to the heirs and following the instructions of Probate Court.
We handle all aspects of Probate Estate Administration which can include: Full Estate Administration; Small Estate Administration; Guardianships; Trust Administrations; Non-Probate assets and Trust Administration, Land Sales; Federal Estate Tax Returns, Fiduciary Income Tax Returns and Estate Litigation (i.e., beneficiary disputes, trust litigation, will contests). Please contact us to learn more and allow us to assist you in this process.
Probate Real Estate and Excess Funds
Probate-Real Estate: Real Estate may be the most significant asset a person owns. How to plan for the purchase or sale, or transfer to your heirs can be complex. You may have a family member who died and no one in the family took steps to Probate the real estate, which means the real estate still in the deceased persons’ name and may have been for years. We can help you make sure the Real Estate is properly managed before the person dies or facilitate the proper transfer or sale after the person dies.
Excess Funds: You may have a family member who died years ago, or recently, and their home was foreclosed because of a mortgage default or failure to pay real estate taxes. There may be Excess Funds remaining with the Court after the sale of the property, which can be payable to the next of kin of the deceased family member. We can help you collect the Excess Funds.
Estate & Trust Tax
Often with Estate Administration or Trust administration a fiduciary tax return is required to be filed. Tax laws affect all aspects of legal relationships, and we have a strong working knowledge of the tax codes for individuals, and estate administration to help a fiduciary meet the requirements of the tax code. We provide services for our clients in these areas. We are licensed in the United States Tax Court.
Guardianships
Unfortunately, a family member may become impaired that he/she is incapable of taking proper care of personal needs/care/ finances. They may be taken advantage of by a stranger or a family member. Ohio law provides a method to permit an individual to become the guardian over an incompetent person.
To obtain a Guardianship, you are required to have the doctor of the incompetent person complete a medical evaluation form and conclude a guardianship is necessary. Once that is obtained, an application with the Probate Court needs to be filed setting forth the need for the guardianship, the address of the incompetent person, and the next of kin.
There are two types of guardianships.
Guardianship of the Person: The Guardian is responsible for day-to-day physical care and supervision of the person under the guardianship. The Guardian needs to work with the medical professionals, and nursing facilities to make sure the person under the guardianship receives the proper care for their daily needs.
Guardianship of the Estate: The Guardian is responsible for the financial assets of the person under the Guardianship. To be Guardian of the Estate the Guardian is required to be bonded and must demonstrate they are financially responsible. The Guardian of the Estate is required to manage the assets, and pay all the proper debts and expenses of the person under the guardianship. The Guardian of the Estate is required to account to the Probate Court with proper accounting and proof of expenses and income during the Guardianship.
If you know of a individual that you suspect may not be able to take care of themselves, are having trouble with their finances, please contact us to assist you with this situation.
Probate Litigation
It is understood that most individuals do not seek out filing a lawsuit because of the costs and uncertainty of the result. However, when a client has no choice but to either pursue a claim or defend themselves, then a seasoned and experienced advocate is necessary. We have experience and have participated in jury/court trials in Ohio and in Federal court for over 40 years.
Trial advocacy requires knowledge about the trial process, the Ohio Rules of Civil Procedure, Rules of Evidence, court procedures and strong analytical skills to provide a client analysis to determine if the case will be successful and cost effective. We do not seek to litigate a case for a client if we believe the trial would not be successful or cost effective.
Probate litigation can involve a dispute regarding the interpretation of a Will or Trust. If a family member embezzles assets of a deceased family member there is a special process in Probate Court to make that claim. Creditor claims in an estate can result in a lawsuit being filed.