Probate is the process by which the Probate Court oversees the payment of a deceased person's debts and the distribution of that person's assets. The assets of the estate are used to pay the decedent's debts and the remaining assets are distributed according to the decedent's Last Will & Testament or, if there is no Will, the state of Ohio laws of intestacy.   Tax returns may be required on the local, state, and federal level in some cases.  

Attorney Burnaugh can review the decedent's Will, evaluate the assets and liabilities to determine which form of probate administration would be best for the situation, and prepare all required documentation and tax returns.  She provides a total service to include negotiations with asset holders, creditors, and government entities.  During a difficult time for the family of the deceased, probating the estate can be a frustrating and daunting task to undertake without legal assistance.  Ms. Burnaugh makes it as easy as possible by taking charge and handling the entire probate process.

In law, a Last Will and Testament (commonly referred to as "Will") is a formal declaration, in the form of an executed document, of a person's wishes regarding the disposal of his or her property (assets), the payment of debts (liabilities), and the appointment of a person to act as the Executor for the administration of the estate, after death. A Will is valid if it meets the formalities of the law.  There are conditions whereby a Will may be found invalid or faulty by a Probate Court.

Without a Will, the law determines who the beneficiaries are, how the estate proceeds are distributed and by whom, and who will serve as Administrator.  Furthermore, family members may be required to post a bond and may be in disagreement as to who will best distribute the proceeds of your real and personal estate, possibly resulting in years of litigation.

Advance Directives are written instructions whereby you appoint an individual as a health care representative to make decisions should you become unable to make those decisions for yourself.  You may specify your right and commitment to make voluntary, informed choices to accept or reject medical treatment utilized for prolonging your life.  The packet of documentation known as Advance Directives contains a Living Will, HealthCare Power of Attorney, Organ Donation form, and Do-Not-Resuscitate Order.

You can appoint an individual as your representative in all financial matters, including all matters dealing with any real property you own, with a Durable General Power of Attorney.  If an emergency should arise where you cannot act, this personal representative would be able to act on your behalf to protect your interests.  

Attorney Burnaugh has developed a process for reviewing and evaluating your situation so that she can then explain your options available for your estate plan.  She begins with a comprehensive consultation whereby you go over all of your assets, liabilities, personal taxes, retirement plans, life insurance needs, and your personal needs and those of your family.  During this consultation, she outlines the current probate law so you can make informed decisions.  It is never too early to begin your estate plan process.

If you or a member of your family are the injured victim of a motor vehicle accident, or sustain injuries in a slip and fall accident on public or private property, you need an experienced attorney to represent your interests and work on your behalf with medical professionals, insurance companies, and other third parties.  There are time limits for bringing litigation if that becomes necessary to obtain compensation for your injuries, for pain and suffering, and for payment of medical treatment and lost wages.  Therefore, you should seek legal assistance as soon as possible if this should happen to you.

Attorney Burnaugh has extensive experience in personal injury cases.  She has worked on the other side and knows how insurance companies and defense attorneys handle personal injury claims.  She can use this experience to look out for your best interests.  Ms. Burnaugh is a hands-on attorney who will handle all aspects of your personal injury case during a traumatic period of time for you and your family.

A guilty plea to many traffic violations results in the imposition of points through the Bureau of Motor Vehicles on your driving record which affect your driving privileges as well as your automobile insurance coverage.  Some criminal charges may result in the imposition of significant fines and imprisonment.  There may be lesser charges to which a guilty plea may be entered that would result in fewer penalties to you, or after reviewing evidence there may be a defense that shows there is insufficient proof to convict you.  Before deciding what you should do in your specific situation, contact Burnaugh Law Office to learn the law, your rights, and your options.

Unfortunately, all indicators show that foreclosures are on the rise.  Homeowners are definitely facing harsh times when the mortgage holders hire law firms to handle foreclosures in a cookie cutter fashion.  There are defenses that can be used to encourage lenders to negotiate during a foreclosure and even get it dismissed.  Each situation is different and needs to be evaluated.  While the claims that mortgage holders use may appear to be generic, there are laws to protect property owners.  

Attorney Burnaugh has the keen eye for detail which is essential in making defenses against foreclosure actions.  Maybe all your family needs is some time to get back on your feet.  Ms. Burnaugh will act to get that time for you.  She will be in your corner, handling all litigation, preparing all legal documents, attending mediation and status conferences, and negotiating with those law firms that have filed a foreclosure claim against your home.  Let her legal experience  work for you.

An eviction is the process by which a landlord (property owner) legally removes a tenant from physical possession of the rented property for failure by the tenant to comply with requirements and conditions of a lease.  There are laws that set certain procedures that must be followed by all parties for a lawful eviction process. 

Attorney Burnaugh has handled evictions from both sides of the fence.  Whichever side she represents, Ms. Burnaugh ensures that the strictest letter of the law is followed during the entire eviction process.  In certain situations, all that is needed is for the attorney to aid in negotiations and settlement of claims.  If you are a property owner needing an eviction completed, or if you are tenant who is being evicted, call our office to schedule an appointment to learn the legal process for evictions and so Attorney Burnaugh can lay out your options for you.

Collections is the demand for payment of a negotiable instrument i.e., past due bill for goods or services.  There are confusing legal procedures involved with debt collection.  The law contains restrictions for what can be done and not done when attempting to collect monies due.   No one should attempt debt collection on their own behalf without first consulting a legal representative. Regardless of the side that you fall on when it involves debt collection, you should be aware of your duties and responsibilities.  It may be that you need a legal representative to handle dispute resolution or to handle negotiations for settlement.  Attorney Burnaugh will ensure that all legal requirements are met and is experienced in successfully collecting monies due her clients.  

   

Domestic Law pertains to all cases involving marriage, termination of marriage (annulment, dissolution, and divorce), custody, and child support. In these cases, emotions may run high and a steady hand is required to guide you through the legal process.  With something as important as your family, you need someone that is both supportive and realistic regarding your case's outcome.  Attorney Burnaugh will work with you to explain the legal process, discuss your options, and protect your legal rights.

Jenifer Murphy Burnaugh
Attorney at Law
22 South Main Street
Mount Gilead, Ohio 43338
(419) 946-6055

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