Millonig Michael LLC

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Today: 8:30 am - 5:00 pm

Tomorrow: 8:30 am - 5:00 pm

26 Years

in Business

4 Years with

Yellow Pages

Accredited

Business

(937) 438-3977Call Visit WebsiteVisit Website Map & DirectionsDirections7929 Washington Woods Dr .Dayton, OH 45459 Write a ReviewWrite Review

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Mon - Fri:	8:30 am - 5:00 pm
Sat - Sun	Closed

Places Near Dayton with Family Law Attorneys

Beavertown (9 miles)
Miamisburg (9 miles)
Bellbrook (9 miles)
Springboro (10 miles)
Oakwood (11 miles)
Franklin (13 miles)
Waynesville (14 miles)
Corwin (15 miles)
Spring Valley (15 miles)

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General Info: Michael Millonig is a local attorney that cares about his clients. When it comes to your estate planning, trust services, asset protection and probate services let him be your number one call. Contact Us Today!
BBB Rating: A+
BBB Rating and Accreditation information may be delayed up to a week.
Payment method: cash
Other Link: http://www.michaelmillonig.com
Social Links: https://twitter.com/michaelmillonig https://foursquare.com/v/michael-millonig-llc/4f1ed12ce4b0d35bd7118024 https://www.yelp.com/biz/millonig-michael-j-atty-dayton https://www.facebook.com/michaelmillonigllc
Categories: Family Law Attorneys, Administrative & Governmental Law Attorneys, Attorneys, Elder Law Attorneys, Estate Planning Attorneys, Estate Planning, Probate, & Living Trusts, Personal Property Law Attorneys, Probate Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys
Other Information: Specialties: Estate Planning;

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Phone: (937) 438-3977

Address: 7929 Washington Woods Dr ., Dayton, OH 45459

Website: http://www.michaelmillonig.com

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Millonig Michael LLC

Divorce
Child Custody and Visitation
Adoption
Premarital Agreement
A divorce proceeding can of course have a dramatic effect on anyone’s estate. A premarital agreement done prior to the marriage can effectively protect ones premarital estate in the event of a subsequent divorce. However, premarital agreements have often not been enforced by the Courts and alternate legal theories have been advanced to allow recovery by a divorcing spouse. Similar concerns can arise in the context of an estate plan to protect the inheritance of the children in the event of their marital problems.
Guardianship
Includes probate administration of decedent’s estates, estate tax return preparation, guardianship and accounts of trustees. Prompt completion of all probate estates is a top priority.

Wrongful Death
Money Laundering
Introduction A Foreign Asset Protection Trust (FAPT), also known as an Offshore Trust, is a trust created under the trust laws of a foreign country and administered by a trustee located in an offshore financial center (OFC). A FAPT is not really that exotic or different from the more common trusts used in the United States. The drafting of a FAPT is very similar to domestic trusts.The common law trust principles applicable to domestic trusts also form the basis for a foreign asset protection trust. The professionals in these OFC generally speak, write and use English. It is estimated that there are $5 trillion of offshore funds in the 61 tax havens of the world. Approximately, $2 trillion is held in foreign trusts and one-half of this is in trusts used as an Asset Protection Trust. This $5 trillion figure is increasing at an estimated $100 billion annually. Since the tax changes in 1976, FAPT declined in popularity. However, beginning in the 1990’s, with the tremendous flood of litigation in the United States arising from malpractice, securities law violations and negligence, savings and loan frauds, and divorces, legal advisors and their clients renewed their interest in FAPT. In this area of practice, it is very important for the advisor to undertake a due diligence investigation of his/her potential client. This is not commonly done in the United States by most legal, financial and tax advisors. In international banking circles this is a common and required practice. It is also very important to educate the client about all the required U.S. tax reporting requirements and to emphasize the fact that income from all offshore trusts is taxable income to them. Virtually all responsible estate and asset protection planners go to great lengths to explain to clients that most such plans are tax neutral and that offshore trusts are subject to extensive reporting requirements to the IRS. Money laundering and tax evasion are not what asset protection is about. Gone are the days when an individual could walk into a Swiss (or any other) bank with an attache case full of cash, be warmly received, and open a private account. Today, such an individual would be lucky if he or she were simply turned away, instead of being reported to the authorities for suspicion of money laundering.

Business and Corporate Law

Business Formation
Includes a wide range of legal services for the needs of business owners such as business formation [incorporation, partnership agreements, limited liability co. (LLC)], purchase and sale of a business, contracts, employment law, and general legal advice on business matters.
Limited Liability Companies
Presents legal methods to protect your assets from the risks of future litigation, government expropriation and other threats. Some of the topics presented include Limited Liability Companies, Family Limited Partnerships, State law exemptions for assets, the Ohio Legacy Trust, Domestic and Foreign Asset Protection Trusts, and U.S. income, estate and gift tax consequences of Asset Protection Trusts.

Wrongful Termination
Business owners are exposed to lawsuits from a variety of sources depending on the nature of the business. In recent years, employee lawsuits for wrongful discharge, discrimination, sexual harassment, Americans with Disabilities Act and the Family & Medical Leave Act have resulted in large verdicts against employers.
Sexual Harassment

Eminent Domain
For example, if you own a house with a mortgage, the bank has certain rights in your house and you owe legal obligations to the bank. If you don’t make your mortgage payment, the bank can foreclose and evict you. If you damage or decide to not maintain the property to the extent that you diminish the property value, the bank can also foreclose. Even if you have no mortgage, the government has a right to take your house away from you for any public purpose (e.g. building a road). This is called the right of eminent domain. If your activities on your property (e.g., a pig farm) interfere with your neighbors enjoyment of their property, they may sue you on the grounds you are creating a “nuisance.” Thus, our ownership always includes certain obligations toward others who have certain rights on property that we “own”.
Land Use and Zoning

Immigration Law

Citizenship and Naturalization

Personal Injury
This is the type of trust most often advised to clients since in the opinion of the author a properly drafted SNT will be a non-countable resource under Medicaid/SSI law. Most clients do not like the idea of a payback to the State after a lifetime of paying taxes and then paying tax upon their death. The restrictions of the other SNT are also a disadvantage. Most Settlors also prefer to name their descendants as the remaindermen. Of course, this is not an option for the personal injury plaintiff or beneficiary of a Will who must rely on a Court created trust (D4A or D4C).
Medical Malpractice
The United States is the world’s most litigious country. Incidents ranging from car accidents, accidents at your home by a guest, to spilled hot coffee can form the basis for a multi-million dollar lawsuit against you. For more examples of lawsuits, go to the following websites: American Tort Reform Association (www.atra.org) and California Citizens Against Lawsuit Abuse (www.cala.com). Tort Reform Legislation: There have been bills introduced in Congress to enact tort reform measures such as limits on non-economic damages, caps on punitive damages etc.. in medical malpractice cases and tort cases in general. Ohio has enacted medical malpractice reform with the following provisions: • Limits damage awards for noneconomic loss to the greater of a) $250,000, b) or 3 times economic loss but not to exceed $350,000 per plaintiff or $500,000 per occurrence. • However, the maximum limits for noneconomic loss from permanent disability or deformity are $500,000 per plaintiff or $1,000,000 per occurrence. • There is no limitation on economic loss awards. The above limitations do not apply to a wrongful death action. Ohio House Bill 215 enacted 9/13/04 sets forth new requirements for the filing of a medical malpractice action as follows: a) Certificate of review by a medical expert prior to filing an action; b) Qualifications for expert witnesses; c) Affidavit of Noninvolvement for defendants who should not be included in the lawsuit; d) Expedited discovery; e) Inadmissibility of “I’m sorry” statements by physicians. Such legislation is generally a positive development from an asset protection point of view. However, these laws have yet to be tested in the Courts and some judges tend to dislike the idea of injured persons being left without a remedy in the court system. Judicially created exceptions to this type of law are not unprecedented. The new laws have their own exceptions to the general rules limiting damages or liability. If a particular plaintiff can fit within one of the exceptions, then you are exposed to unlimited liability. Unless specifically provided for in the tort reform law, such new laws will not necessarily result in lower medical malpractice or liability insurance premiums. It will be up to the insurance industry to voluntarily lower their premiums after such legislation.
Auto Accidents
Social Security Disability
A special needs person might also consider opening an ABLE account in Ohio referred to as a STABLE account. The beneficiary establishing the account must meet the following requirements: 1)receiving or is otherwise eligible for Social Security disability benefits; 2) and based on a disability which occurred before the date on which the individual attained age 26.
Medicaid Planning
Annuity contract from an insurance company: A purchase of an annuity contract by the community spouse, if done properly and in accordance with the new DRA rule, can protect potentially all of the estate. The annuity contract and declarations must also be in compliance with the Medicaid annuity rule. Certain types of annuities, if properly structured, are not considered a countable resource under Federal Medicaid regulations and the applicant would be immediately eligible for Medicaid. Many annuities sold by life insurance agents are countable resources and will not offer you a Medicaid planning advantage. The terms of the annuity contract and information on the contract schedule must comply with Medicaid annuity regulations and it is very important that you obtain legal advice prior to the purchase of the annuity in order to assure compliance with Medicaid law.

Trusts and Estates

Estate Planning
Definition Estate Planning Integration Legal Threats Family Limited Partnerships LLC Foreign Asset Protection Trust U.S. Income Tax U.S. Estate & Gift Tax Domestic Asset Protection Trust Asset Protection Definition Asset Protection planning is the process of utilizing planning techniques available to preserve and protect accumulations of wealth from the multitude of potential claims arising from…
Wills
Discusses Wills, Trusts, Probate, Avoiding Probate, Estate Tax, Powers of Attorney, Health Care Powers of Attorney and Living Wills.
Trusts
The laws dealing with estate tax are separate and distinct from those relating to probate. These are two totally unrelated sets of laws. For example, property held in a living trust does not go through probate but is subject to estate tax. A POD bank account also avoids probate but is subject to estate tax.
Power of Attorney
Introduction Legal Instructions for Disposition of the Body Anatomical Gift Document Appointment of Representative for Disposition of Body Health Care Power of Attorney Cryonics Trust Seminar Presentation Michael Millonig: Cryonics Institute member Introduction to Cryonics Cryonics is the preservation of a legally dead person at very low temperatures in the hope that future technology can…
Probate
The OSBA Specialty Certification program requires the applicant to pass a written examination and demonstrate substantial involvement in the practice of estate planning, trust and probate law. In addition, the applicant must be a licensed attorney in good standing, participate in 45 hours of intermediate or advanced continuing legal education in estate planning, trust and probate law in the prior three years, submit seven references and meet a requirement for professional liability insurance coverage. Unlike many other professional honors and associations, the OSBA specialty certification has objective criteria in the form of a test and specific experience requirements. Thus, certified attorneys must earn their designation.

Bankruptcy
Foreclosure
There have been a few cases in other States (Mississippi) allowing an actual forced sale of a limited partnership interest and some States (California) have changed their statute to allow for a foreclosure on the partnership interest. There is a growing concern among practitioners that the Courts are changing their remedies to allow more than a charging order. Some Courts have actually allowed a foreclosure on the Partnership interest. However, even if a foreclosure is allowed, the result is that the creditor now owns the FLP interest as an assignee. An assignee does not have the rights of a partner such as a right to vote on partnership decisions, right to examine partnership books and records etc.. Although the assignee creditor could sell its interest, the sale would likely be at a substantial discounted price (if a buyer could even be found) due to the lack of control and liquidity of such an assignee interest.
Tax Law
Certain benefits are provided to veterans of the armed forces that can assist with long-term care needs. Many non-lawyer VA advisors do not consider the other legal consequences associated with their planning advice in other areas of law such as Medicaid eligibility, income, estate and gift tax law. Certain strategies that are beneficial in qualifying for VA benefits can be disastrous if Medicaid eligibility is needed at a later time. A lawyer with full knowledge of VA eligibility requirements, Medicaid eligibility, income, gift and estate tax consequences can provide more comprehensive and beneficial legal advice to veterans.

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