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Ohio Recent Legal Answers from Lawyers

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469 legal questions have been posted about by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Ohio Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about Ohio.
Legal Issue
Ohio

Recent Legal Answers

my parents had a will that I never knew or seen a copy of will I have been unhappy on his Decisions on many matters can Dispute the will

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
You have three months from the date the will was submitted to Court to contest the will. If you miss that deadline you are likely out of luck. If your issue is with how the estate is being handled, you can seek to have your brother removed as executor and replace him yourself.
You have three months from the date the will was submitted to Court to contest the will. If you miss that deadline you are likely out of luck. If... Read More

Evicting a spouse

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
You do not need to wait a year to file for a divorce, you can file now. You can also ask the court for the exclusive use of the marital residence, your apartment, during the divorce. The court will order him to vacate and find other living conditions.   Alternatively, you could evict him, but the easier route would be to file for divorce and seek to have him ordered out by the court.... Read More
You do not need to wait a year to file for a divorce, you can file now. You can also ask the court for the exclusive use of the marital residence,... Read More

Having biological father of my child sign over his rights

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A biological parent can only sign over their parental rights if they consent to the adoption of the minor child by another party. As of right now, he has no parental rights because he is not the putative father. He would need to either have an affidavit of paternity executed or otherwise seek genetic testing in order to get any kind of parenting time.... Read More
A biological parent can only sign over their parental rights if they consent to the adoption of the minor child by another party. As of right now, he... Read More

Can a person become a guardian ad litem without being a lawyer?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
Some courts will appoint an LMSW.  Check with your local probate court.
Some courts will appoint an LMSW.  Check with your local probate court.

My husband & I recently moved from West Virginia to Elyria,Ohio,on our contract buying the home,the owner said no sewer problems.

Answered 5 years and 9 months ago by attorney Bruce Robins   |   1 Answer
If you can prove that your damages were causes by sewer problems that the seller knew abou and lied about in the contract of sale, you can recover your damages.
If you can prove that your damages were causes by sewer problems that the seller knew abou and lied about in the contract of sale, you can recover... Read More

Do credit card companies have a valid claim against estate

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
While as a courtesy credit card companies often waive interest after the date of death, like any other unsecured creditor, a credit card company has a claim against the estate which must be paid before the real estate or any other property can go to the benefciaries under the Will.  Some states have rules as to the order in which debts must be paid and rules about how and when claims should be submitted.  Please consult your probate attorney about the rules in Ohio.... Read More
While as a courtesy credit card companies often waive interest after the date of death, like any other unsecured creditor, a credit card company has... Read More

Can an employer make me stay after work even though I'm clocked out

Answered 5 years and 10 months ago by Stephan Isaiah Voudris (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wage and Hour Law
You might have a minimum wage or overtime pay claim for that period of time.  My office handles such claims in the Northeast Ohio area.  What is the employer's justification for wanting all employees to leave together?
You might have a minimum wage or overtime pay claim for that period of time.  My office handles such claims in the Northeast Ohio area.... Read More

How can you file for guardianship with a person who is been separated from their spouse for two years and live with their girlfriend and would like th

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
The wife will have to sign waiving her priority right to become guardian.
The wife will have to sign waiving her priority right to become guardian.

We have had our grandchild for almost 9 years raising him he does not want to go with them and is scared to death he will have to

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Grandparents can get custody of their grandchildren if they petition the court for custody and are able to establish that 1) the natural parent is unfit or abandoned the child and 2) custody to the grandparent would be in the child's best interest. This starting point is filing the petition and getting the case started.... Read More
Grandparents can get custody of their grandchildren if they petition the court for custody and are able to establish that 1) the natural parent is... Read More

My Father Mother and I started a church more than 20 years ago. My mother passed. Wi

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
Much of this is going to depend on what the foundational documents say for the church as a 501C3, your mother's will, and how the house was titled. Personal conversations between you and your mother will be overridden by whatever the text of those foundational documents are. Without reviewing those a lawyer is not going to be able to tell you what your rights are.... Read More
Much of this is going to depend on what the foundational documents say for the church as a 501C3, your mother's will, and how the house was titled.... Read More

how can a parent get guardianship of adult with autism?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
You must hire a guardianship attorney, apply, be appointed by a court and qualify.  Ask your local probate court, county or state bar for a list of local guardianship attorneys.
You must hire a guardianship attorney, apply, be appointed by a court and qualify.  Ask your local probate court, county or state bar for a list... Read More

What form do I need to have an administrator appointed on an estate of just a $2,000. life insurance policy?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If no secondary beneficiary was named, the policy is part of the estate.  If there was no Will, you may be able to file a Small Estate Affidavit.  Keep in mind that even this may take more than half of the $2,000.  Ask a local probate attorney about how it works where your mother lived and died.... Read More
If no secondary beneficiary was named, the policy is part of the estate.  If there was no Will, you may be able to file a Small Estate... Read More

My fiancé and I are getting married and my son is his biological child but has my last name, will we be able to change my sons last name with marriage

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must apply to court to make a name change.
You must apply to court to make a name change.

How can I gift a house, left to me in a will, to someone else? I am the executor.

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
It must first be transferred to you.  Once the deed reflects your ownership, you can file a deed gifting it to the neighbor.  Your probate attorney may be able to help you.
It must first be transferred to you.  Once the deed reflects your ownership, you can file a deed gifting it to the neighbor.  Your probate... Read More

I want to invalidate my divorce! How can I in state of Ohio?

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there is a divorce decree, you can't undo it. You CAN get remarried, but there is no way to undo the decree absent fraud or material mistake. If your divorce is still ongoing, you can always withdraw your complaint. If your spouse is the one who has filed a complaint, then you could ask the court for reconciliation mediation, which most courts provide.... Read More
If there is a divorce decree, you can't undo it. You CAN get remarried, but there is no way to undo the decree absent fraud or material mistake. If... Read More

Can my landlord make me pay rent even though she isn't making her other 2 tenants pay rent on her other 2 properties?

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
Yes. Unless her reason for providing a different tenant a break instead of you is based on protected class discrimination (race, gender, disability) she is permitted to be lenient on one tenant but force the other to adhere to the contract.
Yes. Unless her reason for providing a different tenant a break instead of you is based on protected class discrimination (race, gender, disability)... Read More

Dispute with real estate property repair price

Answered 5 years and 10 months ago by Stephen Howell Jett (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Real Estate
Further to my previous response, I meant:  "son in law", not "son and law".  Apologies for the misspelling. Best, Steve
Further to my previous response, I meant:  "son in law", not "son and law".  Apologies for the misspelling. Best, Steve

Divorce

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there is a significant discrepancy in income a court will often order the "wealthier" spouse to pay some or all of the "poorer" spouse's attorney fees. Many attorneys will agree to represent the "poorer" spouse for this reason, particularly if they can get temporary spousal support in the interim.   As to the second question, both parties are equally responsible for the household bills. He can be ordered to pay them through court action.... Read More
If there is a significant discrepancy in income a court will often order the "wealthier" spouse to pay some or all of the "poorer" spouse's attorney... Read More

Proper Ohio Subpoena Procedures?

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
Subpoena sent by email is non-binding unless you accept service of the subpoena via email. You can ignore the subpoena until properly served.
Subpoena sent by email is non-binding unless you accept service of the subpoena via email. You can ignore the subpoena until properly served.

Can I get custody of my autistic child and increase child support?

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Under these facts you can likely get additional parenting time and reduce his parenting, but the increase in child support (unless the original order had deviation) is unlikely. If there was a deviation in the original order of support, you can potentially have it removed which will result in an increase. Otherwise, unless he makes significantly more money now than he did at the time of the support order, it's unlikely that you will receive an increase in support.... Read More
Under these facts you can likely get additional parenting time and reduce his parenting, but the increase in child support (unless the original order... Read More

What do I do about a subpoena duces tecum requiring me to give an oral statement in an attorney's office?

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
Until you are served with a subpoena it has no power or authority. Service is typically made by certified mail, but can also be done in-person by a process server or sheriff. Her emailing you a copy of the subpoena is not sufficient service and has no force of law.     Until you are actually served, you can ignore the subpoena. If you want to be extra safe, contact the admin's counsel and have them file a motion to quash the subpoena, which will stay its enforcement until the court rules on the motion.... Read More
Until you are served with a subpoena it has no power or authority. Service is typically made by certified mail, but can also be done in-person by a... Read More

Need help reguarding Executor of Estate

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   2 Answers
Hi Shawnea. Can you give a little more information on what the misconduct is?
Hi Shawnea. Can you give a little more information on what the misconduct is?

Need help with small claims and retriving a frund from a landscape company.

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
You certainly have them on breach of contract, but that cost has to be balanced against the cost of retaining an attorney and the cost and expense of filing a claim. 
You certainly have them on breach of contract, but that cost has to be balanced against the cost of retaining an attorney and the cost and expense of... Read More

my wifes car in both of our names. She the co-owner. How do i get my name off loan if we get a divorce?

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your wife will need to refinance the car in her name only. This is enforceable by the court in any decree.
Your wife will need to refinance the car in her name only. This is enforceable by the court in any decree.

dispute with real estate property purchase price

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I'm a little confused by the question. This was a property that you won? As in a game show? Do you mean that you purchased the property at auction? If this was purchased at a foreclosure auction then you absolutely purchased it in its as-is condition and that's the risk that you bear. ... Read More
I'm a little confused by the question. This was a property that you won? As in a game show? Do you mean that you purchased the property at auction?... Read More
Legal Issue
Ohio