$6.4M fine in Ohio for illegal practice of law
Legal News Center
The Ohio Supreme Court on Wednesday ordered two estate planning companies and their co-owners to pay nearly $6.4 million, the state's largest-ever fine for the fraudulent practice of law.
The owners and employees of American Family Prepaid Legal Corp. and Heritage Marketing and Insurance Services Inc. of Columbus committed more than 3,800 acts of unauthorized law practice by participating in a "trust mill" operation, the court said.
The ruling comes about six years after a complaint by the Columbus Bar Association against the companies was resolved when American Family, Heritage and its owners signed an agreement in which they promised to stop marketing and preparing trusts and other estate planning services.
From March 2003 to March 2005, the companies targeted Ohioans 65 and older with exaggerated mail and magazine advertising aimed at dissuading them from obtaining a will. Sales representatives who were not licensed as attorneys to advise on estate planning gave "high-pressure" in-home presentations in which customers were told they would save money by purchasing one of the companies' living trusts, the court said.
The court permanently barred the California-based companies, and co-owners Jeffrey and Stanley Norman, from marketing, selling or preparing living trusts, estate planning documents and other legal services in Ohio. Other company employees were ordered to pay fines ranging from $2,500 to $10,000.
The court noted that it has found other similar trust mills illegal, and that such trusts may not be needed, may be insufficient or could be harmful for certain people.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.