Ohio Recent Legal Answers from Lawyers

You might, MIGHT be able to have the eviction overturned based on a Civ. R. 60(B) motion for excusable neglect. The court is not going to be sympathetic to you though if 1) the appointment wasn't an emergency and 2) you didn't request a continuance of the eviction because of the doctor's appointment. I recommend requesting relief from judgment but it will be a difficult ask.... Read More

If your daughter is receiving SSI, you will want the funds to be directed to an account for her benefit with a master pooled special needs trust in your state.  If not, you will want to see whether the funds can be deposited in a Uniform Gift to Minors/Uniform Trust for Minors bank account and, to allow her to receive SSI when she turns 18, at that point be directed to an account for her benefit with a master pooled special needs trust in your state.... Read More

In Ohio a will does not have to be notarized to be valid, just signed by two uninterested parties subscribing to the testator signing the will. Having the one page granting all assets to your sister with no signature is evidence of a fraudulent will.    Under these facts, you have a chance to contest the will as fraudulent and/or the result of undue influence. You really have no downside in doing so as you've been completely disinherited.   If there has been no action taken on the estate, you do not have to wait that long. You can open up the estate as administrator claiming that there is no will, be named administrator, and then proceed to sell the estate property and divvy it up by intestate succession.... Read More

By charging you more money to fix a problem they caused they are in breach of Ohio's consumer sales practices act (CSPA). This subjects them to the actual damages tripled plus reasonable attorney fees and costs. You should absolutely not pay them any more than the initial quoted amount. If they insist contact counsel to demand additional damages.... Read More

You could potentially file a motion asking the court to waive the arrears. You would have a really difficult argument here because of the length of time at issue, but you could potentially prevail on the basis of the inequity of the original order. $1,000.00/month is an extremely high child support order.... Read More

When a Will is submitted to probate, it becomes a public document.  Contact the probate clerk in the county in which your uncle died.  Note that some counties have probate records online. If you know the life insurance company which issued the policy, your mother can present your uncle's death certificate.  If she is a beneficiary, the company will respond.... Read More

There are two separate issues here. The first is the domestic violence charge. It's unclear from your question whether you have been charged with domestic violence, or if she is leveraging the allegation to get a divorce. If she has filed a police report and pressed charges, then you need to argue exactly what you have with an attorney present.    If she is using this as leverage in a divorce proceeding, then it doesn't particularly matter. Ohio is a no-fault divorce state. All that needs to be alleged and proven is that you are "incompatible" which is an extremely low burden.... Read More

This is a really untested area of law. The face coverings are for the protection of others as much as yourself. The employer would have a strong argument that the health and safety of others in preventing the spread of COVID is of greater importance than your shortness of breath. I can see disagreement on this, as it comes down to a policy consideration.... Read More

As to the first question of parenting rights: An unmarried father has no parenting rights outside of a custody order. You are not required to let him see the children until he gets that order.   As to the adoption, it is possible to obtain a step-parent adoption without the father's consent (and this mostly happens when they do not contest the proceeding) but if they do contest the proceeding then it is extremely difficult to have the children adopted by another person. Even gross neglect and cruelty can be insufficient.... Read More

If the owner hasn't vacated then you will need to file a writ of possession in the foreclosure case. You will need to use a lawyer for this as you are an LLC, and outside of small claims you can't represent the company. There is a three day notice provision that you will have to serve on the former owner, and then you can proceed with your writ. The process is very similar to how an eviction works.... Read More

It is usually the landlord's responsibility to repair the air conditioning. Check the terms of your lease on this. You do not have the ability to withhold rent. What you DO have the ability to do is deposit the rent with the court until the landlord has fixed the issue, or alternatively vacate the premises after giving them thirty days written notice.... Read More

You have two options. The simplest option is to file for eviction and have him removed from the property. He doesn't pay rent and has a drug issue, so take your pick on causes for eviction.   Your other option could be to file for a temporary restraining order that would make him vacate based on the threat to you or the children. There is no reason you can't do both of these at the same time.... Read More

If you don't have custody, then there isn't a lot you can do. You will need to appear. Some courts are allowing video conferences now for child support hearings so look into that. If you have custody, you should transfer the child support order to your new county so that you don't have to go out of state every time.... Read More

If you're both on the title, and not just the loan, the your ex can prevent the roommate from becoming a tenant and his consent is required. If he's not on the title, then he has no right to the house anyway and not only can he not prevent the new tenant, but you can evict him as well.   Really though those are short-term solutions. What you really need is a partition action to either 1) buy out his interest by refinancing or 2) selling the house and splitting the equity.... Read More

The Ohio Attorney Directory lists him as active. His contact information is listed as follows:   6469 Heritage Park Blvd. Dayton, OH 45424  Montgomery County 4192118 You can check the status of any attorney in Ohio through the Ohio Supreme Court at https://www.supremecourt.ohio.gov/AttorneySearch/#/search.  ... Read More

If the total amount of the contract was under $25,000.00, then this is an excellent case under Ohio's Consumer Sales Practices Act, which provides for treble damages and attorney fees. Most consumer lawyers would take a case like this on a contingency basis, so you would not pay out of pocket.... Read More

It is possible, but unlikely, that a restraining order will be put on him. He would need to establish that your new boyfriend poses some kind of threat to your children. A past manslaughter conviction can be good evidence of that, but without further evidence it is unlikely that a court would grant the TRO.... Read More

Hi John. Timeshare contracts can sometimes fall under the home solicitation sales act, which does provide a three-day cancellation period. This is unusual now though, as this is mostly done by phone or mail. I would need better details about how you entered into the contract to let you know.   Thanks,   Nick  ... Read More