David Lance Dingwell’s Answers

David Lance Dingwell

Canton Insurance Law Lawyer.

Contributor Level 7
  1. How long do I need to keep my separated wife and her 2 children on my health insurance plan. They are not my children.

    Answered over 5 years ago.

    1. David Lance Dingwell
    1 lawyer answer

    You should immediately consult with your divorce attorney regarding this question. The separation agreement, temporary orders, or divorce decree that is entered by the Domestic Relations court will normally determine exactly what your responsibilities are in terms of providing health insurance for your wife or soon-to-be-ex-wife. If there is no dispute that the children are not your biological children, and you have not legally adopted them, then you may not have any obligation to provide...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  2. Can I cancel my employment contract?

    Answered about 5 years ago.

    1. David Lance Dingwell
    1 lawyer answer

    You should have the contract reviewed by an attorney with experience in employment agreements. The provisions of the agreement itself may provide that either party may terminate the agreement at will. Even if it does not, you may still be able to terminate the contract and accept the other position if the prior school district's contract that you signed does not contain any restrictive covenants regarding where you can teach and it does not contain any penalty or liquidated damages clause for...

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  3. Probate

    Answered about 5 years ago.

    1. David Lance Dingwell
    2. Keenan M. Post
    2 lawyer answers

    Depending upon the specific provisions of the trust agreement and the will, you as a beneficiary may in fact be limited in terms of your ability to direct the trustee on the management and investment of the trust assets. However, as a beneficiary, you may be receiving income distributions from the trust as a result of management and investment decisions by the trustee. If you are receiving income distributions, then the trustee may be authorized to issue you a K-1 schedule that reports what...

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  4. Can i legaly be fired because of gossip?

    Answered about 5 years ago.

    1. David Lance Dingwell
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    You should review this matter with an attorney experienced in labor and employment law. Much of your answer depends upon whether you are a member of a union subject to any collective bargaining unit grievance process or other protections relating to discipline. If you have some other type of employment contract, that may also have bearing on what type of discipline they may apply in this particular situation. If there is no employment contract and you are strictly an employee at will, you...

  5. If I have everything in a trust, do I need to put the children's names on the house title so to avoid probate?

    Answered about 5 years ago.

    1. Elizabeth Smith Schmitz
    2. David Lance Dingwell
    2 lawyer answers

    I agree with the first answer. It is absolutely critical to confirm that the trustee of your trust is currently the titled owner of the real estate. If you deed the property to one or more of your children rather than to the trust, the terms of your trust will not reach the property because it does not own it. Also, you should make sure that the trust is listed as an additional named insured on any homeowners or property insurance that you have for that property.

  6. Working full time w/medical ins. Dr. restricted me at 8 months pregnant to 20 hour work week. Company cancelling my insurance!!

    Answered about 5 years ago.

    1. David Lance Dingwell
    1 lawyer answer

    You should have an experienced benefits attorney review your employer's health plan agreement to determine what the eligibility criteria is for employees reduced to part time hours. If in fact you do not meet the required ongoing eligibility criteria, then you should be able to elect to continue your employer-provided medcial insurance by exercising a COBRA election. Again, having an experienced attorney reviewing the insurance plan agreement in light of your specific situation should provide...

  7. How do you get a retainer back

    Answered about 5 years ago.

    1. David Lance Dingwell
    1 lawyer answer

    Rule 1.15 of the Ohio Rules of Professional Conduct requires that an attorney that receives a retainer maintain those funds in safekeeping. Ohio specifically requires that the funds be deposited to a client trust account that is also referred to as an IOLTA account. The attorney may not withdraw those funds from the client trust fund until the attorney earns his or her legal fees or pays for client case expenses. "Non-refundable retainers" are prohibited by the Rules of Professional Conduct....

  8. Life insurance beneficiary

    Answered over 5 years ago.

    1. David Lance Dingwell
    1 lawyer answer

    As long as you are not subject to a court order that requires you to name the father as a trustee or custodian, you can create a simple trust agreement whereby you appoint a trustee that is someone other than the father (someone you trust to manage the money for your child until they are an adult) that will claim the life insurance policy death benefit upon your death and invest the money for the benefit of your child. You should contact an attorney to draft the trust agreement for you. While...

    1 person marked this answer as helpful