Ohio Recent Legal Answers from Lawyers

Her house is not paid off, but how is title held?  If the home was not in a Trust or set to pass via operation of law, then you're stuck going to probate for the house.  On the bank accounts, having a pin# does not give you the legal authority to remove her funds after she passed.  As with the house, if someone was named the pay on death beneficiary, or if there was joint owership, then the account is reconciled that way.  Otherwise, you're again stuck going to probate.  What happens with those assets depends on the heirs at law pursuant to Ohio's Intestate Statute. (O.R.C. 2105.06).  You likely want to sit down with an attorney to review your situation. Best of luck.... Read Answer

The facts you presented require a more detailed analysis in order to give you a clear answer.  Without more information you're going to get a "maybe."  The language of the deed matters, estate planning documents (if any) matter, timing matters, more specifics regarding lineage also matters.  Until these issues are cleared up nobody is going to be able to give you a definite answer.  I recommend sitting down with an attorney to review your case in detail so you know what you're dealing with. Best of luck.... Read Answer

Hello Sara, I'm sorry for your loss. To answer your quest, potentially.  If your husband opened a separate account the bank may give you a hard time depending on how it was set up.  If the account had a pay on death beneficiary, the bank should pay out the balance of the account once they receive the proper paperwork.  If there was no pay on death beneficiary, then you are likely stuck going to probate to access those funds.  Whether or not this is worth the time and expense is not known, as you are unaware of how much money is in the account.  An attorney may be able to get more information out of the bank.  If nothing else, I suggest meeting with an attorney to review the situation in detail so you know what your options are. Best of luck.... Read Answer

Probably not.  You're going to run into problems with the statute of limitations.  If there are some extraneous facts which would have tolled the SOL, there may be arguments to be made, but it's going to be an uphill battle.  For a definitive answer you're going to need to sit down with an attorney so her or she can review your situation in detail and advise you. Best of luck.... Read Answer

I'm sorry, your question is somewhat unclear.  There is no universal declaration you can make to immediately end all contracts everywhere.  Each contract will need to be reviewed to determine the terms and responsbilities that you have as a party to the agreement.  Some contracts have penalties for early termination.  I recommend you sit down with an attorney to review your specific goals and objectives and provide guidance as to how they can be accomplished. Best of luck.... Read Answer

Not likely.  You would need to have a formal contract.  You can look into the Statute of Frauds for some background information.  If there are additional facts you would like to discuss, you may want to sit down with an attorney to review the situation in detail. Best of luck.... Read Answer

Hello Ron, You will need to open up a probate estate in order to cash the check.  Until an administrator has been appointed by the probate court nobody has the legal authority to cash a check on his behalf.  Probate can be a very complex process if you are not well versed it the law and procedures.  I suggest sitting down with a probate attorney in or near the county where your father resided when he passed away to review your situation.  If you want to review things yourself, the Ohio State Bar Association and Supreme Court of Ohio has some guidance and forms which may be illustrative. https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/ http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/Default.asp Best of luck.... Read Answer

Hello, I'm sorry for your loss. From what you describe, you may or may not need to open a formal probate estate.  Many times when I assist clients with similar issues we are able to get things resolved more cheaply and easily than probate would be.  From what you describe it likely would not be very expensive to hire an attorney to assist you.  If you want to attempt the process yourself the Supreme Court of Ohio and Ohio State Bar Association puts out some general guidance and forms which may be of help. (https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-probate/) ( http://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/Default.asp ) Best of luck.  ... Read Answer

It sounds like you have taken significant steps on your own with limited success.  From here, you will probably be best served by retaining an attorney to represent you.  I suggest finding a real estate attorney in the county where the property is located to investigate, review the situation with you in detail and advise you. Best of luck.... Read Answer

Noise ordinances are often handled through the local municipality.  You can check there to see what is permitted.  There may also be zoning issues to consider.  Ultimately, whether or not you have a viable cause of action against thei business is going to require a more indepth analysis.  I recommend sitting down with an attorney in your area to review and advise you. Best of luck.... Read Answer

It sounds like there may have been notice issues.  As an heir, you should have been served notice of the probate of his estate.  If that is not the case, then you need to immediately retain an attorney to intervene in the probate case.  I recommend finding an attorney in or near the county where the probate case is open as each County has their own rules and procedures.  Best of luck.... Read Answer

A more detailed look at your situation may be warranted.  I would suggest communicating with the original contractor ASAP to inform them that you are not moving forward with their company.  They may argue that certain things have been purchased for the agreed upon work and that you are responsible.  Ultimately, this may or may not be the case.  If they give you any problems when you inform them that you are not proceeding you will want to retain an attorney to represent you. Best of luck.... Read Answer

It sounds like the settlement should be paid out to the estate of your son.  Without a Will, your rights to receive a portion of the estate would be governed by Ohio's Rules of Descent and Distribution. (O.R.C. 2105.06).  You may want to retain an attorney in your area to investigate this matter and represent your interests. Best of luck.... Read Answer

You do have some privacy rights, even more so in a restroom.  I'm not sure why law enforcement did not pursue the issue.  You may want to follow up with them or contact another law enforcement agency with concurrent jurisdiction (city & county, e.g.).  It sounds like you may be well served by hiring an attorney to assist you with this matter.   Best of luck.... Read Answer

This is not enough information to answer your question.  You can call the AG's office yourself and they should be able to provide you with some basic information as well as refer you to others who can help.  You can also try to contact the victim advocates' office for the prosecuting authority and see if they can provide you with additional information.   Best of luck.... Read Answer

The facts are a little unclear from your question.  Was she in the vehicle fleeing from law enforcement or just an innocent bystander?  Officers may or may not have been justified in firing on the vehicle.  Ultimately, "what can I do" is going to be too complex for this type of forum.  You need to sit down with an attorney to review the entire case in detail and advise of you of your options.   Best of luck.... Read Answer

You probably want to sit down with an attorney.  There are a lot of moving parts here, and it's going to require a more in depth look.  Is there a lease agreement? Has law enforcement been involved?  The background facts may make all the difference here.   Best of luck.... Read Answer

It sounds like there may be some criminal issues against this guy.  False report to law enforcement, stalking etc.  You may also have grounds for a restraining order.  Have you sat down and spoken with a detective?  You may want to get law enforcement involved from your perspective.    Best of luck.... Read Answer

Generally speaking, you can fire your attorney at any time for any reason or for no reason.  You would do better discussing the situation with the attorney, finding a new attorney and asking them both to sign and file a Motion to Substitute, substituting in the new attorney.  Depending on where you are in the process (and which judge you are before), your current attorney may not be allowed to simply withdraw.... Read Answer

Not typically.  You have the freedom to enter into any contract that you wish.  The Courts may look for evidence of duress, e.g. unconscionability of the terms of the contract, adhesion contracts, are the parties at "arms length" to determine if a valid contract exists.  However, if a valid contract is found, then the court will not typically look at "fairness." ... Read Answer

Hopefully a formal lawsuit is unnecessary.  If the equipment does not belong to him, then he cannot legally sell it.  Has he refused to return the items?  You may be able to sign a contract with him where you would get X amount from the sale of the business in exchange for the business keeping the equipment.  If he is refusing to cooperate or return the items you can always threaten an action under Ohio's civil theft statute. (O.R.C. 2307.61)  The threat of punitive damages (triple the value of the property) often times leads to an early resolution when the facts are undisputed. Best of luck.... Read Answer