Beginning October 1, 2020, Ohio will be one of 41 states introducing a new driver’s license and state identification card that is compliant with federal regulations and ensures better security and identification protection for U.S. residents. The compliant identification card has a star in the upper right-hand corner and will be necessary to clear airport security or enter a federal building, including military bases. An Ohio driver’s license issued prior to July 2, 2018 may not be federally compliant, and thus, will not be accepted by the Transportation Safety Administration or security checkpoints at federal buildings. It should be noted that a valid U.S. passport will remain a federally compliant means of accessing flights and federal buildings after the October 1, 2020 effective date.

How to Get A Compliant ID Card in Ohio

In order to be granted the federally compliant ID, you will now have to bring several documents with you to the BMV so that your identity can be verified.  You will need all of the following:

1. Birth certificate or US Passport/Passport card, and
2. Social Security Card or most recent W-2 or 1099 showing your social security number, and
3. Two proofs of Ohio address (bank statement, utility bill, credit card statement), and
4. Marriage license or divorce decree to show any legal name changes.

Further, you will no longer be given the new identification card at the BMV. Your new card will come to you in the mail. The BMV will issue you a temporary card until your compliant card arrives. For those who do not have a need for a federally compliant card, there is still the option to receive a standard driver’s license or identification card. The standard ID card does not require the additional documentation outlined above.  

It is important to note that the new identification will also be necessary to enter federal buildings. Offices such as the IRS, Social Security, Veteran’s Administration, Department of Labor, and US District Courts are located in federal buildings.  

All identification cards continue to be valid for 4 years and require a new photograph with every renewal. You also will continue to need a passport to travel outside the United States.

Do not be turned away for failure to have the proper identification. Plan to get the new star card or have your U.S. Passport with you.

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This information is provided for general informational purposes only and should not be construed as legal advice. Readers should consult with qualified legal counsel regarding their specific circumstances before taking any action based on the information presented.

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All applications for new notaries, as well renewals, will now be done through the Ohio Secretary of State’s website. New notaries will no longer be required to apply in person at either their County Bar Association or the County Clerk’s Office. Further, you will not be required to record your notary commission with the Clerk of Courts in your county. The new application and renewal application will be available at the Ohio Secretary of State’s website when law goes into effect.

The following is a summary of the various requirements depending upon the type of notary commission held:

Current Attorneys with a Notary Commission. There are no changes to the Notary Law for current attorneys who are already notaries. Your notary commission will continue indefinitely and there are no requirements for education or testing.

Current Attorneys with No Notary Commission. If you are a currently a licensed attorney but are not a notary, and you apply to become a notary after September 20, 2019, you will need to take an educational course before you can be commissioned as a notary. Once you have taken the course, you can then apply to become a notary and the notary commission will last as long as the attorney is a resident of Ohio or maintains their principal place of business in Ohio.

New Non-Attorney Notaries. With the new law, all new non-attorney notaries will be subject to a criminal background check, be required to take a 3-hour educational class, pass a test, complete the application and pay the notary fee. The application process will be done electronically through the Secretary of State’s website. The educational class and testing information will be available on the Secretary of State’s website once the new law goes into effect. There will be specific vendors who will hold the classes and conduct the test. The criminal background check will be from the Bureau of Criminal Identification and Investigation (BCII) and can be done no more than 6 months before the submission of the application. The Secretary of State will provide each new applicant with the information about completing the BCII, as well as the fingerprint impression sheet.The commission term will remain at 5 years, which is the current law.

Renewal of Non-Attorney Notaries. Under the new law, all non-attorney notaries who are renewing their commission will now be subject to a criminal background check (BCII), as well as be required to take a 1-hour continuing education class, in addition to completing the renewal application and paying the renewal fee. A renewal application can be submitted beginning three months prior to the expiration date of the commission. The Secretary of State’s website will have all the information on how to complete and forward the background paperwork.

Fees to Become a Notary. The new law also establishes the new fees for notaries. The maximum fee to become a notary is $150 for new notaries, and the maximum fee for renewals is $60 plus the cost of the background check.

On-Line Notarization. The new law provides for online notarization and the Secretary of State’s website contains all the requirements to be an online notary.

Fees a Notary Can Charge. The fees that a notary can charge were increased. The new fee is $5 per document that is notarized with the traditional notary wet stamp.

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This information is provided for general informational purposes only and should not be construed as legal advice. Readers should consult with qualified legal counsel regarding their specific circumstances before taking any action based on the information presented.

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This is not the first time a celebrity of such stature has died without simple estate planning documents. Prince died in 2016 without a will and after high-drama in court, it was determined his estate passes to his siblings, both full and half-siblings. Amy Winehouse died in 2011 without a will and a court decided the heirs of her estate were her parents, even though a documentary about the singer indicated she had a strained relationship with her father.

It is unclear how Ms. Franklin’s estate will play out in court. The initial court filings list her sons as interested parties in the estate. Even though the next of kin are presumed to be her four sons, and the probable rightful heirs to Ms. Franklin’s immense fortune, the lack of a will opens the door for potential unknown heirs to come forward. A will would have clearly stated her next of kin and her family relationships. Further, it is not known what type of relationship she had with her family. For instance, in addition to her sons, she could have been extremely fond of her grandchildren, nieces or nephews. Without a will (which is an intestate estate) the opportunity to include bequests to additional members of her family is lost as the Michigan rules of intestacy control. Ms. Franklin also loses the opportunity to remember any of her favorite charities. Bequests to charities specifically named in a will or a trust would have reduced the estate tax that will be payable, as well as honored her memory. As the intestate rules control her estate, the opportunity to leave assets to a charity and reduce any tax is missed.

A will would have also stream-lined the probate administration. A will gives the named Executor or Personal Representative power to act on behalf of the estate. The powers can range from selling the property to the ability to make certain distributions to the heirs. Without a will, the court will have to grant the Executor the power to act on behalf of the estate. This becomes both time-consuming and costly.

Without a will, all of Ms. Franklin’s individual assets are now subject to probate administration and the public disclosure of those assets. In addition to a simple will, a revocable living trust would have preserved the anonymity of her assets and the values. Ms. Franklin’s long-storied successful music career certainly garnered her a multi-million-dollar estate that would also include rights to her songs. Now the nature of those assets and the applicable values will be very publicly reported in court. Not to mention, that any future rights and the preservation of her image are at the discretion of the court.

The thought of making a will or revocable trust is something people don’t like to think about. Maybe it is the acceptance of one’s mortality or maybe it is the cost and possible family issues involved. What is clear is that a lack of a will is more a burden in death than in life.

The probate administration is never swift. It may be years until Ms. Franklin’s assets are fully distributed. Before any assets are distributed to the heirs, the estate will first have to settle with the tax man. At a 40% estate tax rate, the estate tax bill will be substantial and the value of the assets will certainly be debated with the IRS. This will make for a lengthy administration that could have been simplified with the proper estate planning.

Unfortunately, the final chapter of the story of Aretha Franklin is just beginning. Sadly, it is not a chapter she has written. That will be left to the courts.

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This information is provided for general informational purposes only and should not be construed as legal advice. Readers should consult with qualified legal counsel regarding their specific circumstances before taking any action based on the information presented.

The post Aretha Franklin Should Have Stopped to “Think” About a Will appeared first on McCarthy Lebit - A Cleveland/Ohio Law Firm.