Cavitch Famillo Durkin Co LPA FindLaw IM Template 2026-06-18T18:34:20Z https://www.bradleyhull.com/feed/atom/ WordPress /wp-content/uploads/sites/1102952/2020/02/cropped-favicon-32x32.jpg On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[Are prenuptial agreements fully enforceable in Ohio?]]> https://www.bradleyhull.com/?p=49619 2026-06-10T19:11:51Z 2026-06-10T19:11:51Z What can and can't be included in a prenuptial agreement? In listing the requirements that Ohio law has for prenuptial agreements, it is probably easier to talk about the things that are specifically excluded. If any of the following are a part of your prenup, you are likely to face serious challenges if the document is ever needed:
  • Child custody plans: A child custody plan or parent plan draft cannot be included in a prenuptial agreement because when these topics are addressed in divorce, the standard of the "Child's best interests" will overrule all other concerns.
  • Child support payments: Child support is another area where the payments will be settled at the time of a divorce, looking at the current financial situation of both spouses at that time.
  • Unconscionable clauses: As a prenuptial agreement is a contract in many ways, they have the same vulnerabilities to overly destructive and unfair clauses, even if it is agreed upon at the time.
  • Incentives for divorce: Any clause dictating levels of assets or spousal support based on length of marriage or any other language that could potentially encourage a divorce.
Prenuptial agreements are ways to protect financial stability for both parties entering the marriage. The discussions for a  prenup often touch on all aspects of a life together, including things that are inappropriate for a prenup. Many couples who have these discussions and get prenups find them super valuable, even if they are never utilized. But you still want to make sure your prenup is enforceable.

You can double-check your prenup

An experienced family law attorney can fully review your prenup with you and explain if there are any weaknesses or problems. It's also possible to negotiate or outright recreate a prenuptial agreement as a postnuptial agreement, if you wish. But it will always be important to make sure every document you sign carries the weight of enforceability.  ]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[2 benefits of using a trust]]> https://www.bradleyhull.com/?p=49606 2026-04-02T20:27:15Z 2026-04-02T20:27:15Z When you create an estate plan, you can simply use a will to pass assets to a specific beneficiary. You list the assets and the intended beneficiaries, and the estate executor handles the distribution. But you can also use a trust, placing your assets into that trust and choosing a trustee to administer it. You still designate a specific beneficiary. There can be some advantages to doing this, and two examples are noted below.

The beneficiary does not own the assets

To begin with, if you leave someone an inheritance, it becomes an asset that they own. But if you put the same asset into a trust, the trust owns it, rather than the beneficiary. This is one of the main reasons that people use a special needs trust. Because the beneficiary does not own the assets, they can still pass the means test and qualify for government benefits. If they were left the inheritance directly, it may disqualify them until they spend it down.

You can have more control

Additionally, directly leaving someone an inheritance gives them the ability to use it however they want. But a trust can give you more control. You can choose a specific use for the money, such as saying that it has to be used to pay for college tuition and other educational costs. Even if you do not want to choose a specific use, you could just create a discretionary trust, where the use is left up to the trustee themselves. This is sometimes done if you are concerned about how a beneficiary would use their money. You can choose a trustee to approve and authorize payouts, meaning that the beneficiary does not have as much freedom to make their own decisions regarding how they would like to spend the money.

Setting up a trust

There are many different ways to use a trust, and this only highlights two of the potential benefits. But it helps to demonstrate why it is important to understand all the options you have when creating an estate plan.]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[What should you look for in a guardian for your children?]]> https://www.bradleyhull.com/?p=49501 2026-01-06T19:17:40Z 2026-01-06T19:17:40Z When you create an estate plan, one of the most important decisions you will make is choosing a guardian for your children. This choice ensures that if something happens to you, your children will be cared for by someone you trust and can rely on. Selecting the right guardian takes thoughtful consideration of many factors beyond simply family ties.
​

Consider shared values and parenting style

A guardian should share your core values, beliefs and general approach to raising children. Think about how they handle discipline, education and religion. Choosing someone whose parenting style aligns with yours can help your children experience consistency and emotional stability. It also helps reduce potential conflicts between your wishes and the guardians’ choices.
​

Look at emotional and financial stability

A good guardian should have the emotional maturity and financial stability to care for your children long-term. Consider their current responsibilities, health and financial situation. While a guardian doesn’t need to be wealthy, they should be capable of managing the daily costs of raising children. You can use your estate plan to set aside funds that support the guardian in meeting your children’s needs.
​

Evaluate their relationship with your children

Children adjust more easily when they already know and trust their guardian. Think about how your children feel comfortable with and who naturally plays a supporting role in their lives. Familiarity can make a difficult transition smoother and help them feel secure during a time of loss.
​

Discuss your choice before finalizing

Before naming a guardian, talk with the person you have in mind. Ensure they understand the responsibilities and are willing to accept them. This conversation ensures there are no surprises later and helps you feel confident about your decision.
​

Making your choice official

Once you decide, work with your estate planning documents to formalize your choice. Keep your will or trust updated as circumstances change, such as marriages, moves, or changes in health. Regular updates make sure your plan continues to protect your children as you intend.
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A thoughtful decision with lasting impact

Choosing a guardian is one of the most meaningful steps in building an estate plan. It’s not just about selecting someone who can manage the practical details of care; it’s about trusting someone to nurture your children’s future. Taking the time to make this choice carefully provides lasting peace of mind and a clear path forward for your family.
]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[What parents need to know about moving after divorce]]> https://www.bradleyhull.com/?p=49473 2025-10-02T18:50:33Z 2025-09-17T15:48:53Z Many people move after a divorce hoping for a fresh start. One parent will move closer to family while the other may start traveling the world to reflect on the current developments in their life. While it is understandable for these parents to want to leave Ohio, the process is not as simple as it looks. While the pain and hurt can be more severe in the first few weeks or months after the divorce, the former spouses cannot just pack and leave if there are children involved because that can lead to serious legal issues.

Key things parents should know

Before you move out of state (or within), you need to know the legal way to do so. Here are some things to keep in mind:
  • You need a court approval: Normally, the court reviews your request to move and grants approval before you can plan your move.
  • Notice rules apply: Ohio law requires parents to file a “Notice of Intent to Relocate” with the court that issued the original custody order. They then notify the former spouse and, depending on several factors, call for another hearing.
  • Custody and visitation may change: A move disrupts any parenting or visitation arrangements. If it significantly interferes with any prior agreement, the court may modify the custody order to protect the child’s relationship with both parents and ensure an equal chance of bonding with the child.
  • The child’s best interests come first, always: As a parent, make decisions with your child’s welfare in mind. Your needs only come second because your child needs stability and moving is often hard on them.
  • Out-of-state moves are stricter: Relocating within Ohio is easier, but the move will still be assessed as much as an out-of-state move. Judges know how pulling a child away from familiar comforts greatly affects their well-being.
It is important to understand that relocating without taking the proper steps could lead to legal trouble. Awareness of your responsibilities can help avoid conflict with your former spouse and the law.

Make the move legally

Leaving that safe and familiar place you built your dreams on is not easy, but you can do it. Just make sure you are not in violation of a court order before you act, otherwise it may trigger a court action which can further stress your child out. Consult a family law attorney to avoid mistakes and start your move without fear and hesitation.]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[Thinking about taking your business global?]]> https://www.bradleyhull.com/?p=49450 2025-07-07T17:28:56Z 2025-07-07T17:28:56Z Expanding your business beyond domestic borders can unlock new markets, increase revenue and strengthen your brand. With that said, whether you are considering opening a physical location overseas or simply want to sell products or services to international customers, taking your business global is a significant step that requires careful planning and legal insight. Each country has its own rules regarding business formation, taxes, employment and intellectual property protection. You may need to choose a local business structure, comply with foreign investment laws and register with government agencies. In some jurisdictions, foreign ownership restrictions may apply, or certain licenses may be required to operate legally. If you are not ready to open a location abroad but want to reach international customers, expanding your digital presence may be the right move. Selling online to a global audience introduces its own set of legal and logistical concerns. You will need to understand customs regulations, shipping restrictions, currency exchange and international consumer protection laws. Privacy laws like the GDPR in the European Union can also affect how you collect and use customer data.

Making sure that you’re “all set” legally

For both models—physical expansion and online sales—it is important to assess how international transactions will affect your contracts, payment systems and dispute resolution options. Will your current terms and conditions hold up under foreign law? Should you include arbitration clauses or specify jurisdiction in your agreements? These questions become more potentially consequential the farther your business reaches. Going global can also impact your tax obligations. Cross-border transactions may trigger double taxation or create new reporting requirements. Understanding how international income is taxed and how to take advantage of tax treaties can make a major difference in your bottom line. Whether you are opening a storefront abroad or shipping to customers across the globe, international growth is both promising and complex. A knowledgeable legal team can help you prepare for global expansion by identifying potential obstacles, focusing on legal compliance and helping you build a strong foundation for success. The world is full of opportunity—just make sure your business is ready to seize it with confidence and clarity.]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[Honoring a commitment to the planet when estate planning]]> https://www.bradleyhull.com/?p=49302 2025-04-07T17:48:56Z 2025-04-07T17:48:56Z Estate planning is a deeply personal process—one that allows individuals to reflect on their values and decide how they wish to be remembered. For Ohio residents who are passionate about environmental conservation and sustainability, the process of estate planning offers a unique opportunity to honor a lifelong commitment to the planet.  With thoughtful choices and the right legal tools, you can create a legacy that supports ecological responsibility and promotes the well-being of future generations. This kind of focused approach is often referred to as “green” estate planning. 

Charitable giving

One of the most direct ways to incorporate green values into your estate plan is by facilitating charitable giving to environmental organizations. Whether it’s a local land trust, a wildlife preservation group or a nonprofit focused on climate change, these organizations rely on donations to continue their vital work. Through your will or a revocable living trust, you can designate a portion of your estate to support causes that align with your environmental values. You may also consider establishing a charitable remainder trust or donor-advised fund, which can provide ongoing support while offering tax benefits to your estate.

Green burial 

You can also explore options for green burial. Traditional burial methods can harm the environment. In contrast, green burials use biodegradable materials and avoid toxic substances, allowing the body to return naturally to the earth. More cemeteries in Ohio are beginning to offer environmentally friendly burial sections, and your estate plan can include instructions to ensure your final arrangements reflect your eco-conscious wishes.

Asset management 

If you own land, you may want to consider placing a conservation easement on the property. This legal agreement, typically arranged through a land trust or conservation organization, limits development and preserves the natural features of the land in perpetuity. It allows you to protect open space, water resources or farmland while still passing the land on to your heirs or other beneficiaries. Another important element is how your assets are invested. Environmentally conscious individuals may choose to align their investments with sustainable practices through what’s known as socially responsible or ESG (environmental, social and governance) investing.  Ultimately, honoring a commitment to the planet in your estate plan is about using your legacy as a force for good. Seeking personalized legal guidance is a great way to get started. ]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[4 things to remember about child custody during the summer]]> https://www.bradleyhull.com/?p=49273 2025-03-12T14:07:08Z 2025-01-15T06:13:59Z The summer months are often filled with fun and activity for children. Parents often plan vacations, summer camps and other events for the children to take part in. While this is probably not too stressful for parents who are still in a relationship, things can be complicated if they’re no longer together.  Summertime comes with some specific challenges because the children are out of school. Using these four tips may be beneficial for parents in this position. 

1. Check the parenting time schedule

The parenting plan should have the parenting time schedule in it. Knowing this schedule can make it easier to make other plans for the summer because both parents will know when the children will be with them. 

2. Plan the vacation carefully

Parents who are going to take a summer vacation with their children should try to plan it as soon as possible. There should be guidelines in the parenting plan about what’s required for vacations. Understanding those can help both parents to ensure compliance. At a minimum, there should likely be communication about the dates and destination so both parents know what’s going on.

3. Get childcare in order

If the children need to have childcare during the summer months, it’s typically best to get this together before the pre-summer rush starts. Parents who wait too close to summer to try to find a daycare, camp, babysitter or nanny may find that there aren’t any good options remaining. If both parents live close to each other, they may consider obtaining care for the entire summer and splitting the cost based on when the child will be with each parent. 

4. Set the plan for communication 

Communication with the other parent is critical. If the children need assistance with communicating, the plan for this should be set before the vacation or transition from one parent’s home to the other parent’s home.  The parenting plan and being willing to cooperate are the keys to making parenting after divorce possible. Ensuring that everything is set up in a way that puts the child’s interests first may require the assistance of someone familiar with these matters. ]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[How Ohio antitrust laws affect mergers and acquisitions]]> https://www.bradleyhull.com/?p=49270 2024-09-23T17:07:00Z 2024-09-25T17:06:37Z Mergers and acquisitions can reshape industry niches and lead to significant business growth. However, these transactions fall under the scrutiny of Ohio antitrust laws to ensure that they do not harm competition or create monopolies.  Companies planning to merge or acquire other entities in Ohio must carefully navigate these antitrust regulations.

Overview of antitrust laws in Ohio

Ohio follows both federal and state antitrust laws, including the Sherman Act and the Ohio Valentine Act. These laws aim to promote fair competition by preventing businesses from engaging in practices that reduce competition or exert control over markets. During mergers and acquisitions, antitrust laws aim to prevent transactions that could lead to monopolistic behavior. These include price-fixing, reduced market competition or unfair advantages over smaller competitors.

The impact of antitrust laws on M&A in Ohio

When companies in Ohio pursue mergers or acquisitions, they must comply with antitrust laws and consider whether the deal could harm competition. Large transactions, especially those involving companies in the same market, often undergo close scrutiny. Regulatory authorities may assess whether the merger will harm consumers by raising prices or limiting options. Ohio businesses should also be aware of the possibility of an antitrust investigation. State or federal regulators may step in to review deals that have the potential to create monopolies or diminish competition. This could result in delays, fines or even the cancellation of the transaction.

Steps to ensure compliance

To avoid complications, businesses need to conduct thorough antitrust reviews before finalizing an M&A deal. This includes assessing the size of the companies involved and whether the merger would give one entity too much control. In some cases, companies may need to make changes to the deal to address competition concerns. This could involve selling off parts of the business or agreeing to other conditions imposed by regulators.]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[NFA Trusts]]> https://www.bradleyhull.com/?p=49261 2026-02-05T07:26:24Z 2024-04-09T10:32:27Z What is the difference between Title I firearms and Title II firearms? Title I Firearms are, generally speaking, ordinary firearms, such as common-length, single-action or semi-automatic rifles, pistols, revolvers, and shotguns.  They can be owned by citizens, and can be built by citizens.  Title I Firearms can be owned by anybody who is not considered to be a prohibited person by the Bureau of Alcohol, Tobacco and Firearms (ATF). Title II Firearms are, generally speaking, less commonly owned firearms and accessories.  The main categories include:
  • Fully Automatic Weapons (“Machine guns”)
    1. One depression of the firing mechanism causes multiple rounds of ammunition to be fired.
    2. Firearms within the definition of machinegun include weapons that shoot, are designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading by a single function of the trigger.
    3. The definition of machinegun also includes the frame or receiver of a machinegun.
    4. The “designed to shoot automatically more than one shot without manual reloading by a single function of the trigger” portion of the definition relates to the characteristics of the weapon that permit full automatic fire. ATF has also held that the “designed” definition includes those weapons which have not previously functioned as machineguns but possess design features which facilitate full automatic fire by simple modification or elimination of existing component parts.
  • Sound Suppressors (“Silencers/suppressors/mufflers”)
    1. A firearm silencer and a firearm muffler are defined as any device for silencing, muffling, or diminishing the “report” (volume) of a portable firearm.
    2. The definition of a silencer also includes any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler.
    3. The silencer is treated as a Title II weapon or NFA firearm itself; the firearm to which the silencer is attached maintains its separate legal status as Title I or Title II. If a silencer is integral to a Title II weapon, such as an SBR, the entire weapon only counts as a single Title II item.
  • Short barreled-rifles
    1. A short-barreled rifle (SBR) is defined as:
      •  a rifle having a rifled barrel or barrels of less than 16 inches in length; (2) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
      • A rifle is a firearm designed to be fired from the shoulder and designed to use the energy of an explosive in a fixed cartridge to  fire only a single projectile through a rifled barrel for each single pull of the trigger. The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device.
  • Weapon made from a rifle
    • A weapon made from a rifle is a rifle type weapon that has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
    • The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore.
  • Short-barreled shotguns
    1. A short-barreled shotgun (SBS) is defined as:
      • a shotgun having a smoothbore barrel or barrels of less than 18 inches in length;
      • a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
It must be intended to be fired from the shoulder one shell of shot (pellets) or one projectile at a time.
  1. A shotgun is a firearm designed to be fired from the shoulder and designed to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles or a single projectile for each pull of the trigger.
  2. A shotgun subject to the NFA has a barrel or barrels of less than 18 inches in length.
  • Weapon made from a shotgun
    1. A weapon made from a shotgun is a shotgun type weapon that has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
    2. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore.
Ownership Requirements: These weapons or accessories can be owned by anybody who is not considered to be a prohibited person by the ATF and receives an ATF approved Tax Stamp back from the ATF. What Federal agency governs these items? The U.S. Department of Justice, effective January 24, 2003. ATF, the name for which was changed to the Bureau of Alcohol, Tobacco, Firearms and Explosives, continues to have the authority to administer and enforce Federal firearms laws. What are the main laws that govern Title II, Class 3 weapons?
  1. National Firearms Act of 1934
  2. Title II of the Gun Control Act (GCA) of 1968
  3. Firearm Owners’ Protection Act (1986)
 Who is a Legally Prohibited Person? Federal Law The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
  • convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
  • who has been adjudicated as a mental defective or has been committed to any mental institution;
  • who is an illegal alien;
  • who has been discharged from the Armed Forces under dishonorable conditions;
  • who has renounced his or her United States citizenship;
  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
  • who has been convicted of a misdemeanor crime of domestic violence.
The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition. Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. The Arms Export Control Act (AECA) prohibits the issuance of licenses to persons who have been convicted of:
  • Section 38 of the AECA, 22 USC 2778;
  • Section 11 of the Export Administration Act of 1979, 60 USC App. 2410;
  • Sections 7903, 794, or 798 of Title 18, USC, relating to espionage involving defense or classified information;
  • Section 16 of the Trading with the Enemy Act, 50 USC App. 16;
  • Section 30A of the Securities Exchange Act of 1934, 15 USC 78dd-1, or section 104 of the Foreign Corrupt Practices Act, 15 USC 78dd-2;
  • Chapter 105 of Title 18, USC, relating to sabotage;
  • Section 4(b) of the Internal Security Act of 1950, 50 USC 783(b), relating to communication of classified information;
  • Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954, 42 USC 2077 2122, 2131, 2234, 2272, 2275, and 2276;
  • Section 601 of the National Security Act of 1947, 50 USC 421, relating to the protection of the identity of undercover intelligence officers, agents, and other sources;
  • Section 371 of Title 17, USC, when it involves conspiracy to violate any of the above statutes; and
  • International Emergency Economic Powers Act, 50 USC 1702 and 1705.
For most people who own or wish to own Title II weapons or accessories, it is advantageous for numerous reasons that they establish an NFA Trust to hold the items. If you have questions about setting up a NFA Trust, contact Brad Hull at 216-865-1718. ]]> On Behalf of Bradley Hull IV, Esq. of Cavitch, Familo & Durkin Co. LPA <![CDATA[When should you modify your existing estate plan?]]> https://www.bradleyhull.com/?p=49259 2024-01-17T16:35:20Z 2024-01-17T16:35:20Z Life changes require plan adjustments When your family grows, such as when you marry or have children, your estate plan should reflect the change. You likely wish to name your loved ones as beneficiaries or adjust the distribution of assets. Conversely, after a divorce, you might need to remove your ex-spouse from your plan.

Financial changes and estate planning

If your financial situation experiences a positive shift, it is wise to reassess your estate plan. Consider updating your plan to accommodate additional assets, investments or properties. On the flip side, if you find yourself facing substantial debts, revising your estate plan can help you settle any outstanding financial obligations.

Health-related considerations

A decline in health can necessitate modifications to your estate plan. Consider establishing healthcare directives, assigning power of attorney and adjusting beneficiaries. Modify your estate plan to incorporate provisions for any long-term care needs and the associated financial aspects. Studies show that 67% of Americans do not have an estate plan. Even if you are in the minority and do have a will in place, though, it might not serve you fully if you do not update it regularly. Modifying your estate plan as necessary will help ensure a smoother transition for your family in the future.]]>