Attorney Practice Areas
Maumee, Ohio attorney John Gouttiere specializes in many facets of the law including:
Involves that area of practice regarding the formation, management, operation and sale of a business. It may also involve areas of law and accounting including but not limited to issues relating to employment law, taxation, environmental law, and while Mr. Gouttiere does not practice in each of these specialized areas, he does maintain a roster of professionals who are available to assist him and the client in addressing the client’s issues and concerns.
Real Estate Law
Includes not merely the purchase, sale, use of real property and its structures, but may also involve leases, easements, claims of adverse possession, disputes as to legal descriptions, or the re-drawing of legal descriptions, in all of which areas Attorney Gouttiere has experience.
Creditors Rights Law
This area of practice pertains to state and federal laws which regulate the ability, rights and procedures for creditors to collect money owed to them, or to obtain other remedies for their loss arising out of contract. Some of these remedies potentially available may include the ability to put a lien on a debtor’s property, garnishment of wages or property, sheriff’s sale, replevin of property wrongfully held, and in appropriate instances the initiation of a court receivership of the debtor’s property or involuntary bankruptcy petition against the debtor.
Bankruptcy is a federal court proceeding governed by the Federal Bankruptcy Code. The purpose of this body of law is the adjustment and settlement of a debtor’s obligations with its creditors. This remedy is available to those debtors who are insolvent; that is the total value of the debtor’s assets is exceede
Estate Planning Law
The process of assisting an individual to anticipate, plan, and prepare for the care of their loved ones through various strategies and arrangements which best utilize the Grantor’s assets to meet those needs now, and after the Grantor’s need for such resources has been fulfilled. Planning includes the use of a Last Will and Testament and, as appropriate in each individual case, the use of trusts and Durable Powers of Attorney to name a few of the estate planning tools available to the client. All estate planning includes a discussion of Living Wills and Durable Powers of Attorney for Health Care. The ultimate decision maker as to an estate plan’s content, whether a plan is simple or complex, is the client, and their needs dictate.
An area of practice that focuses on the array of issues affecting especially the elderly, disabled and/or frail. The matters addressed usually involve issues of Medicare (government health care), Medicaid (welfare benefits for the elderly), disability, long-term care issues, guardianship and administration, estate planning and administration and in some instances commitment issues.
A legal process of administering the estate of the deceased person; that is winding up the business or financial aspects of the decedent’s life. It involves resolving all claims against the decedent or the estate, disposition of assets, and distributing the decedent’s property according to the terms of the Last Will and Testament, or in accordance with state law if the deceased person had no Will or other provision. In Ohio, it is the Probate Court that determines the validity of the decedent’s Last Will and oversees the administration of the estate by the Executor or Administrator. The Court’s act of finding a document to be the valid Last Will of the testator (the person whose Will it is) is known as probating the Will. The Probate Court also officially appoints the Executor, typically, a candidate named in the Will. Subject to the terms of the Will and statutory law, and the supervision of the Court, the Executor has the authority to dispose of the estate’s assets and pay legitimate claims of the estate before distributing the assets of the testator according to the terms of the Will.