Ohio Recent Legal Answers from Lawyers

There are a lot of moving pieces in the scenario you described.  Additionally, it looks like your question was cut off.  From what you describe, you really do need to retain a probate attorney to review your situation in detail and figure out a game plan.  I suggest finding an attorney in or near the County where your husband resided prior to his passing.  Every County has its own probate court with their own way of doing things. Best of luck.... Read Answer

I agree with Ms. Garrett.  "How" is going to be far too involved for this type of forum.  There are numerous procedural and substantive issues which must be addressed.  You can try to research the rules of civil procedure, local and state probate rules, as well as the governing statutes for guidance but without knowing what you're looking for it's going to be difficult.  That's why you hire an attorney. Best of luck.... Read Answer

You need to look at the specific terms of your lease agreement.  It usually has provisions which specifically address penalties for early termination.  You may also be able to negotiate the issue with your landlord.  Make sure you get any agreement signed and in writing.  Ultimately, you may want to retain an attorney for this transaction depending on what is at stake. Best of luck.... Read Answer

The short answer is yes.  Certain procedures need to be followed, but if you are not legally entitled to the property, the ones that are can begin eviction proceedings if you refuse to leave when asked. For a more setailed answer I recommend sitting down with an attorney to review your situation in detail. Best of luck.... Read Answer

Generally speaking, yes, everyone needs a Will.  While estate planning is an unpleasant subject to discuss, it's something that needs to be addressed.  If nothing is done you're stuck in the probate court for potentially a very long time.  You have no control over how your affairs are managed, who is involved, and who gets what.  You also have the ability to nominated a guardian if you have any minor or disabled children.  If nothing else, it will make a difficult time a little bit easier to get through. Best of luck.    ... Read Answer

Has the Will been probated yet?  Under Ohio statutes you have strict guidelines on how a Will is contested, and how long you have to file such an action.  Unless an asset is set to pass outside of probate (e.g. beneficiary designation, or joint owner with rights of survivorship), an asset which is owned by a deceased person cannot legally be sold until a probate estate has been opened and the Court has issued letters of authority to the administrator of the estate.  As Ms. Garrett suggested, you may want to sit down and discuss the situation with an attorney. Best of luck.... Read Answer

You will need to file a petition for guardianship with the probate court in the county where your grandson lives.  Depending on the County, you typically have specific forms which need to be used.  The overall process is somewhat complicated.  You can check on the webpage for the Supreme Court of Ohio for some basic guidance.  The local probate court rules may be of assistance as well. Best of luck.... Read Answer

The specific topic this involves is known as "adverse possession."  As for whether or nor the other party can establish adverse possession depends on several factors.  Generally speaking, adverse possession requires a "hostile / adverse claim, actual possession, and exclusive, open and notorious possession of the property. You should speak with an attorney in West Virginia who practices in that area of law for a more detailed analysis. Best of luck.... Read Answer

The legal cause of action you are discussing is "intentional infliction of emotional distress."  They are traditionally fairly difficult cases to prove, and you must have significant measurable damages.  The behavior of the offender must be "outrageous."  From what you describe above, it does not sound promising.  However, your best option would be to sit down with an attorney in your area to get all the facts and then give you an opinion based on the whole picture. Best of luck.... Read Answer

I'm sorry, this is not aksing a question.  If the facility was in Kentucky, then Kentucky law would govern.  From the facts provided, it appears as though you are questioning if you have a legal cause of action against the company.  It the business still exists, the answer is maybe.  If the business is gone, and any times to wrap up outstanding claims has run, then you likely have nobody to sue.  You also need to think about statute of limitations issues.  I suggest finding a Kentucky attorney to meet with you remotely and review your situation. Best of luck.... Read Answer

If you cosigned for the credit card, you are likely still liable for the debt accumulated.  It really depends on the documents you signed.  That being said, credit card companies regularly settle claim for outstanding balances.  You can try to deal with the credit card company yourself, but may find more success if you hire an attorney.   Best of luck. ... Read Answer

The answer depends on additional facts not stated.  Was an executor ever formally appointed by the probate court?  An executor has a duty to preserve estate assets.  Whether or not what transpired consitutes a breach of this duty depends on the estate, debts, lease agreement, and numerous other factors.  I recommend sitting down with an attorney to review the situation in full and advise you. Best of luck.  ... Read Answer

Hello Chris, It's difficult to tell you "what to do" in this type of forum.  Since you were in the course and scope of employment at the time of the accident, it seems pretty clear that the insurer for Doordash should be the one to step in.  That is, unless some other arrangements were agreed upon.  I would review the Doordash Agreement to see what it says about this type of situation.  To a certain extent, insurance companies try to pass the buck and fight it out amongst themselves all the time.  You may not need to do anything.  If you have concerns about your rights etc., you will need to sit down with an attorney for a formal consultation. Best of luck.... Read Answer

I would suggest calling the courthouse where the citation was filed.  They may be able to provide some guidance since you already paid the fine.   The citation will usually provide guidance about appearing for the hearing or not depending on if you are contesting the ticket.  An Illinois attorney in that area would be a good person to contact.   Best of luck.... Read Answer

I'm sorry, the facts presented do not ask a question.  If you are seeking a legal opinion as to whether or not the facts presented establish a valid cause of action, there are too many unknowns at this point.  It sounds like your case would be difficult to prove and likely not worth the cost and expense of a formal lawsuit.  That being said, you are certainly within your rights to consult with legal counsel for a full review of your situation. Best of luck.... Read Answer

Hello David.  The facts posed do not ask a question.  If you are seeking a legal opinion as to whether or not your situation presents a valid cause of action to pursue on your behalf, there are too many unknowns from the brief facts given.  You should obtain a copy of all related legal documents and sit down with an attorney in your area to review your situation in detail, and discuss your options. Best of luck.... Read Answer

The answer is likely going to come down to the terms of the purchase agreement, and agreement to hire the roofing company.  It sounds like the subsequent buyer was trying to take advantage of the situation.  I recommend sitting down with an attorney in your area to review everything and advise you of your options. Best of luck.... Read Answer

There are no criteria for writing a letter.  You want someone to stop doing something, you, or your attorney, write them a letter asking them to stop.  Getting a court order to force them to stop is a much different proposition, particulalry when you are asking the Court to prevent someone from exercising free speech, and particularly when you may have other means to stop the communications (e.g.. can you change your phone number or email addres, or block them as a sender?).  To do so you would have to show that the person had done something wrong, not just in poor taste, i.e. was defaming your daughter (which requires a falsehood; the truth, however embarassing, is not defamatory), was disclosing information which is either required to be kept confidential by law (i.e. medical informaiton protected by hipaa) or by contract (e.g. an n.d.a). or some other wrongdoing (e.g. the person trespassed on your property to leave a note in your mailbox)..... Read Answer

You question is a bit unclear.  It seems to indicate that you are not the spouse, AND the surviving spouse.  Generaly speaking, a mortgage is not discharged because of the death and inheritance of real estate.  The debt "runs with the land."  Someone who stands to inherit the property usually will have the option to assume the mortgage or sell the property to satisfy the balance of the mortgage. For any specific advice, you will need to make an appointment with an attorney in your area.  There are too many unknowns at this point. Best of luck.... Read Answer

As Mr. Weiss said, there is no hard and fast deadline generally speaking.  However, timing can be a significant issue depending on the assets in the estate, any debts which may have been owed, or if your mother received state assistance prior to her passing.  I suggest you sit down with a qualified estate planner to review the situation and give you a more detailed answer.  ... Read Answer