Generally speaking, statements made by a decedent are hearsay. Evid.R. 804(B)(5) excepts statements of a deceased person from the hearsay rule under the following conditions: (1) the declarant must be unavailable under Evid.R. 804(A), and (2) the “estate or personal representative of
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Parent versus Non-Parent actions generally present themselves when either one parent dies, is incapacitated, or is otherwise unable to fulfill their parental duties. The easiest way to prevent these actions, or at least to prepare for them, is to include a provision in one’s parenting plan providing that upon the death or incapacity of one of the parents, custody shall vest in the other parent. Unfortunately, many parenting plans do not provide for such, which can lead to contentious litigation between parents and non-parents (in most case grandparents) in custody actions.
Many clients ask whether they did the right thing either by refusing to blow into a breathalyzer machine or by acquiescing to the test. While the answer to that question will differ depending on how much alcohol an individual has consumed, it
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Utilizing receiverships, temporary restraining orders, and injunctions, in business litigation actions can offer parties great advantages. Getting a receiver appointed, and utilizing temporary restraining orders and preliminary injunction can give you the competitive advantage in business/corporate litigation matters. The most common form
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Many clients inquire whether a limited liability company (LLC) makes one immune from personal liability under Ohio law. Unfortunately, the question is not absolutely clear. Limited liability companies (LLCs) provide significant liability protection to their owners. Members of limited liability companies generally
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Triscaro & Associates is a law firm with a tradition of legal excellence. Our firm has significant experience and has earned a reputation as a professional and respectable law firm. We employ our legal knowledge, intellectual skill, sound legal theories, persistence and
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