Resources - Gary D. Kenworthy in Circleville, Ohio

Resources

Gary D. Kenworthy in Circleville, OH, is committed to making sure you stay informed. Here is a list of legal definitions that should help you if you are looking for legal representation.

For further legal consultation, call (740) 477-2536.

Bankruptcy


What is Chapter 7 bankruptcy?

A Chapter7 bankruptcy discharges all of your unsecured debt, such as credit cards, payday loans and medical bills. If you are current on a secured debt, such as a mortgage or a car loan, you may be able to enter into a reaffirmation agreement (accepting the terms on an original loan) in order to keep that property.

Chapter 7 bankruptcy does not relieve the debtor from certain taxes, student loans, money owed to a government entity or child or spousal support obligations. If you have previously filed a Chapter 7 bankruptcy, you must wait a period of eight years in order to file again.

What is a Chapter 13 bankruptcy?

A Chapter 13 bankruptcy is a reorganization of your debts and the debtor makes his or her Chapter 13 payments to the Chapter 13 trustee over a set period of time not to exceed five years rather than making individual payments to each creditor.

Most people who file a Chapter 13 are either above the income level acceptable to file a Chapter 7, they own a significant amount of real or personal property or they have previously filed a Chapter 7 within the past eight years. Your Chapter 13 payment will be based upon your earnings and the debt you owe.

Divorce and Dissolution


What is a divorce?

A divorce action is when one or both marriage partners decide to end the marriage contract and the parties cannot agree on the terms to end their marriage. Typical disagreements during a divorce are:

  • Custody
  • Visitation
  • Division of Property
  • Child/Spousal Support

A divorce action can last a period of a few months to a year or longer.

What is a dissolution?

A dissolution is when both parties decide to end their marriage and are able to agree to property distribution, visitation, child support and/or spousal support issues. With the assistance of a knowledgeable and skilled domestic attorney representing at least one of the parties involved, a dissolution can be less painful and stressful for everyone involved, including the children of the parties.

Estate Planning/Probate


What is a will?

A will is a legal instrument, witnessed by at least two other individuals, stating what directives you wish to be taken upon your death. Without a will, your wishes may not be carried out as you had intended and it will be up to the Court to decide how your estate is administered. Within your will, you will name your executor who is the individual in charge of paying the debts of your estate and distributing your assets as is set forth in your will.

Sometimes people wish to leave certain mementos, as well as major assets, to certain individuals. A last will and testament will insure that those items, as well as assets, are distributed as you wish upon your death.

In addition to the distribution of assets and/or property, if you are the parent of a minor child and/or children, you have the ability to name a guardian or co-guardians to care for your minor children in your will, as well as a trustee or co-trustees to manage any financial assets or property you may leave to your minor children. It is comforting to know that you have planned for the care and custody of your children rather than leaving the matter for the Court to decide.

What is a Power of Attorney (POA)?

A Power of Attorney is a legal instrument designating one or more individuals as the person authorized to handle your legal, business, financial and/or healthcare decisions for you in the event that you are unable to conduct those matters yourself. If you become sick or injured, having a trusted individual as your Power of Attorney could be a major benefit to you.

What is a living will?

A living will is a written directive indicating what procedures you wish to be taken or not taken if you are in a coma with little chance that you will fully recover.

What is a Transfer on Death Designation Affidavit?

Sometimes an individual wishes to leave real property to another individual—such as a child or grandchild—immediately upon their death and without the need to go through probate court. A transfer on death designation affidavit allows the owner of this real property to designate one or more beneficiaries to whom this property will be transferred. Once completed, this document is recorded with the county recorder’s office but the transfer of the legal title does not happen until your death.

Gary D. Kenworthy provides legal representation to clients throughout Ross, Fairfield, Fayette, Franklin and Pickaway counties in Ohio, including Circleville, Chillicothe, Ashville, Kingston, Frankfort, Waverly, Laurelville, London, Logan, Lancaster, Amanda and Stoutsville.