Ohio Recent Legal Answers from Lawyers

Your boyfriend needs to apply for a visitor visa and qualify independently. He applies by filling out a DS-160 at the US Consulate to get his B visa if he doesnt already have one. Your participation in the process is not required. He will increase his chances by also including a letter from his employer, paystubs for the last 3 months and tax returns showing stable income. Also if he owns property, he should submit a copy of that deed along with an appraiser report showing what the equity in the home is. ... Read More

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.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.  ... Read More

So yes you can file a defamation lawsuit against somebody who publishes false defamatory information about you to a third-party. But the larger question is how are you going to recover any money from her? Typically, homeowners insurance policies or renters insurance policies do not protect their insured against what is known as advertising injuries. That is a fancy way of identifying defamatory slanderous remarks. However, most businesses that have liability coverage do cover these types of torts. But I seriously doubt that she made these remarks in her capacity as an employee of a business. So by all means file a lawsuit against her in small claims court, and then you would limit your recovery to the jurisdictional amount of the small claims court. But at least it would force her to have to defend a lawsuit and to be exposed possibly to a small claims judgment. Good luck! ... Read More

Games of skill are legal in about 40 states while games of chance are not legal anywhere.   There will be other questions you find as you seek to open an e-commerce website or App.  In my experience, working with a lawyer as you begin will save you a lot of money in the future.   I have written a legal guide on this site with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

It is always good to have a lawyer in any immigration circumstances. In the past, it was one of the easier applications, but now runs 20 pages in paper form. I note that it can also be filed online. Many people do it by themselves and others use attorneys. 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 More

You have stated that your overstay action in the UK was a crime. If so, it needs to be disclosed on the DS-160 nonimmigrant visa form. The consular officer will consider it in the adjudication of the nonimmigrant visa and weigh in his or her mind whether you are trustworthy enough to leave the US when your authorized period of stay expires taking into account your actions in complying with the immigration laws of the UK. 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 More

The situation is confusing as written.  Is your husband mentally disabled?  If not he makes the decision to see you and your son.  If he is mentally disabled you may want to look into establishing a Guardianship.  There are no simple answers to the questions you posed.  I recommend sitting down with an elder law attorney in your area to discuss the situation in detail. Best of luck.... Read More

In most states, the people that are civilly liable for any traffic collisions are the at fault driver, and second the title owner of the vehicle. If you're fiancé or wife was on the insurance policy, but was not driving at the time of the accident, and in no way contributed to the fault of that accident, and did not co-own or own the vehicle that was involved in the accident, I don't see any circumstances in which she would be sued or could be sued for this traffic collision. But ultimately, you would need to discuss this in a sit down conference call or a phone conversation with counsel in your jurisdiction where the accident happened to determine the liability of all parties. Good luck... Read More

From what you describe it sounds like you are referring to the term "per stirpes."  See Sections 5808.19(7) and 2105.06 of the Ohio Revised Code to ensure this is what you intend. (links below)  At the end of the day, it's usually worth it to get a legal professional to prepare your estate plan.  The problem, in a nutshell, is you don't know all the ins and outs of the law, and even more concerning is that you don't know what you don't know. https://codes.ohio.gov/ohio-revised-code/section-5808.19 https://codes.ohio.gov/ohio-revised-code/section-2105.06... Read More

To a certain extent, it depends on what items you're talking about and what estate planning documents your father had in place.  If items were in a Trust for example, the terms of the Trust would govern what happens with those items.  Generally speaking however, household goods are part of a person's probate estate and nobody has the legal right to remove those items.  They must be inventoried and distributed in accordance with the order of the probate court.... Read More

I highly recommend against co-ownership.  There are issues with liability, gifting/ Medicaid, finances and taxes that can arise.  The two main ways that you can transfer property without probate are through the use of a Trust, or setting up the title to the asset to pass to a beneficiary via a transfer on death designation.  Keep in mind that you will probably want to ensure that your children recevie a step up in basis when they inherit the asset to reduce any capital gains tax that they may need to pay.  You may want to sit down with an estate planning attorney to review the specifics of your situation and advise you. Best of luck.... Read More

The short answer is maybe.  In order to create or change a Will your grandmother needed "testamentary capacity."  This requires that when she signed the Will she: Understood the nature of the business in which she was engaged; Comprehended generally the nature and extent of the property which constituted hed estate; Held in her mind the names and identity of those who have natural claims on her bounty; and Appreciated her relation to the members of her family. Even if she had some mental difficulties, if she had a "lucid interval" and could satisfy the above criteria, then amendment to the Will would be legally valid.  That being said, if there were concerns about that, you can always challenge the Will.  Time may be of the essence as you only have 3 months from the date a Will is probated to challenge it. See Section 2107.76 of the Ohio Revised Code (link below) https://codes.ohio.gov/ohio-revised-code/section-2107.76... Read More

In order to answer this question more details are needed on how this inheritance was supposed to get to you.  Was it in a Will? A Trust? Beneficiary Designation? Transfer/Pay on Death?  I suggest reaching out to a local estate planning / probate attorney to sit down and review the situation with you and discuss the particulars.... Read More

Hello Natalie, Myself and many other attorneys who practice in estate planning do this on a regular basis.  However, lawyers are prohibited from reaching out to solicit your business via an answer to a question on this forum.  You need to be the one to reach out and initiate contact with an attorney of your choosing.  You can use the Find a Lawyer tab on this webpage, check with the local bar associations, or ask friends or others you know in related professions for a referral. Best of luck.... Read More

Without a Will the rights to the inheritance are governed by Section 2105.06 of the Ohio Revised Code. (link below)  The fact that the great granddaughter was living with your mother does not change any rights of inheritance.  If your brother is properly administering the probate estate is a whole other issue and is too complex for a quick answer on this forum.  If you're concerned about your rights, then I suggest sitting down with a probate attorney who practices in the county where the probate case has been opened. https://codes.ohio.gov/ohio-revised-code/section-2105.06 Best of luck.... Read More

See Section 5808.13(c) of the Ohio Revised Code.  (link below)  As a beneficiary of a Trust you can demand a full accounting and he is legally obligated to provide one to you. https://codes.ohio.gov/ohio-revised-code/section-5808.13   If the brother knows where the Will is etc., and refuses to produce it that is also a violation of Ohio Statutes.  See Section 2107.10 of the Ohio Revised Code.  https://codes.ohio.gov/ohio-revised-code/section-2107.10   Ultimately, if he is refusing to fulfill his obligations at law, then your recourse is to hire an attorney and bring a lawsuit against him.    Best of luck.      ... Read More

The answer is going to depend on a number os factors and is too complex for a simple response on this forum.  In order to create a valid Will the person signing must have "testamentary capacity."  This is a relatively low standard.  Moreover, even if someone has good days and bad days, as long as they are having a "lucid interval" and can meet the standard for testamentary capacity at the time the Will is signed, the Will should be upheld.  All that being said, there may be some exploitation or undue influence concerns based on what facts you provided.  I highly recommend sitting down with a probate attorney in your area to review the situation in detail and advise you of your options. Best of luck.... Read More

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 More