Ohio Recent Legal Answers from Lawyers

This question brings up many issues: 1. Copyright - who owns the right to use the pictures?  Generally, the photographer owns the copyright to a picture.  If the picture was taken from your social media then a DMCA take down notice should be effective. 2. What is the picture being used for - Your son has a right of personal publicity when it comes to someone using his picture for commercial purposes. 3. How old is your son? - Sometimes age can be a factor. Finally, you may want to consider hiring a lawyer to send a Cease-and-Desist letter.  While a cease-and-desist letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.... Read Answer

The cost varies quite a bit depending on the experience of the attorney, geographic area and even the facts of the case.  It can range from a few thousand dollars to over $10,000 in some cases.  Many attorneys will offer you a free consultation to evaluate your case and will quote you a fee after the fact. Best of luck.... Read Answer

Assuming that the business card was in public view, anyone can take a picture of it.  Technically, she may not have had a right to remove the card (as a caseworker, she may have) but since she put it back and there wsa no damage, I doubt her superiors will care, and certainly not the police.... Read Answer

The rules of civil procedure will give you a baseline on how to proceed.  (link below)  You also will want to check to make sure you follow any local rules for the court that has jurisdiction to hear the matter. Your local law library may have some additional books you can read to get a baseline understanding. How to proceed is a complex question and there is no simple answer.  A full analysis of the case and surrounding details is needed to determine any possible causes of action that exist and the liklihood of prevailing on those matters. https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf    ... Read Answer

In short, it depends on how money was left to them.  If your children were beneficiaries under a Will they must be notified if a probate of the Will is started.  You can check the probate court in the county where the grandfather resided when he died to see if a case has been opened.  If they were listed as beneficiaries under something like a life insurance policy, that's when things get tough.  Somebody would have to know about the policy and notify the company that he has passed away.  The company administering the policy would send out a claim form to any beneficiaries.  Best of luck.  ... Read Answer

If you could prove your oral agreement to the satisfaction of the  Court, you might not be (assuming that the agreement that you didn't have to pay meant that you didn't have to pay for anything, instead of just that you didn't have to pay for anything that wasn't done), but as a general rule a party is not allowed to claim an oral agreement which contradicts the terms of a written agreement covering the same subject matter, and it is also standard for written agreements to contain provisions that state that they cannot be modified or changed orally.  Check if your written contract says this.... Read Answer

If no estate planning is in place, then yes.  Under the Statutes a surviving spouse has some rights to inherit from you.  How much etc., depends on the specific circumstances.  Keep in mind that you can prepare an estate plan to address some of these concerns.  I suggest sitting down with an estate planning attorney near you to discuss.... Read Answer

Potentially.  You are essentially pursuing a negligence claim.  If the business was negligent in the operation, design upkeep etc., of the entryway and her fall was caused by the condition of the area, then they are probably liable, at least in part, for her injuries.  For a definitive answer I suggest sitting down with an attorney to review the circumstances in detail and advise you.   Best of luck.... Read Answer

You are unable to notarize your own signature as a matter of law.  Notaries are often used to help avoid hearing or litigation in the future.  However, notarization is not a per se requirement to create a valid Will.  See Section 2107.03 of the Ohio Revised Code.  As long as two witnesses can attest to the required formalities, the Will should be satisfy that provision of the law.... Read Answer

I recommend making an appointment with an estate planning attorney.  He or she will review all your current documents and go over your current family situation.  You can discuss your concerns, and the attorney should provide you with different ways to address these issues.  There are a lot of pieces to the puzzle.  Just sit down with an estate planning attorney and he can handle everything for you.... Read Answer

The difficulty here is that your parents’ visiting visas require nonimmigrant intent, and they could have a problem reentering the country if they are questioned by a CBP officer on that, Probably the best solution is for your parents to file I-485 applications and obtain I-131 advance parole documents to travel in and out of the US during the time of processing. I note that advance parole applications are taking time for USCIS to process, and so your parents may not be able to leave for possibly 5-10 months after filing. I-485’s are only filed in the United States. If your parents wish to process their papers overseas, they would do it on form DS-260 immigrant visa applications. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

What type of case are you referring to?  The title is leaving the scene of a crash.  It is up to law enforcement and the local prosecutor to determine if they feel that criminal charges are warranted.  You may be a witness to the offense, but it is not up to you whether or not criminal charges are filed.   Best of luck.      ... Read Answer

See Section 2112.21 of the Ohio Revised Code for the requirements that must be met in order for an Ohio Court to have jursidiction to establish a guardianship.  If his residence is in fact in Warren County, then that is likely the probate Court that you would need to file with. All in all, you will likely need to get an attorney on board to assist you with the process and sort things out. Best of luck.... Read Answer