Ohio Recent Legal Answers from Lawyers

It really depends on the specifics and the type of case.  They generally bring up issues that are relevant to the matter at hand.  So if it's a criminal case or child welfare, maybe they do.  If it's a breach of contract case, probably not.  You can also address these issues in preliminary evidentiary motions if you are concerned.... Read More

Generally speaking, creditors have 6 months from the date of death to present a claim against the estate to the appointed administrator.  See Section 2117.06 of the Ohio Revised Code (link below).  Depending on the details, you may want to sit down with an attorney to see if you have any options available. https://codes.ohio.gov/ohio-revised-code/section-2117.06 Best of luck.... Read More

OK so an invitation letter is really not required in order to get a tourist visa at the US consulate in Manila. Your friend would have to independently qualify based on his assets and income and job history in order to get a B2 visitor visa. There is no requirement that you have to pay for any public benefits that he uses, if he qualifies for a visitor visa because you're not sponsoring him. If you were sponsoring him for a green card and he left to go use public benefits and did not repay those benefits then there would be some legal liability on your part but that doesn't Apply to your situation.... Read More

It's a little vague from the facts here.  If there is a legitimate reason for the stop, then law enforcement is within their rights, and they are obligated to pull you over if they know you are breaking the law.  If you get pulled over without breaking the law, then maybe you have something more to look at.... Read More

When you say would she get the home, do you mean if you pass away?  Since this is posted under Wills and Probate, I will answer with those facts.  In short, it depends on what the title says.  If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away.  If she is on the deed and there are no survivorship rights, then she owns her 1/2 interest in the property and the other half is subject to your probate estate.  Note that surviving spouses have additional rights here in Ohio, so she may still be able to obtain full ownership in the property depending on the entirety of the circumstances.  Section 2106.10 of the Ohio Revised Code, e.g. I recommend consulting with an estate planning attorney to ensure youe estate is set up properly and your assets will pass the way you wish. Best of luck.  ... Read More

It's going to cost you a lot more to pursue a legal claim against your cousin than you would recover.  Probably cause a lot of bad blood in the family too.  Can you? Perhaps.  A detailed analysis of the situation would be needed for a definitive answer.  Is it worth it? Probably not.... Read More

If the case is closed, there is no discovery.  The way to proceed depends on the facts of the case and why it is no longer active.  You may be able to reopen the case or file an appeal under certain circumstances.  Overall, this is going to be too complex to discuss on this forum.  I suggest sitting down with an attorney in your area who practices the type of law that yours entailed.  (e.g. criminal, family law, breach of contract, etc.) Best of luck.... Read More

You may want to sit down with a landlord-tenant attorney to draft up a letter to your son's friend.  You generally need to give him reasonable notice and ability to remove his things.  If he refuses, then it can be abandonment.  The specifics of how this all plays out and what would be needed for your particular situation would need to be addressed in a formal consultation with an attorney.  Here is a link to a helpful article. Best of luck. https://www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-ohio.html    ... Read More

I agree with Ms. Garrett.  A POA is no longer valid after the principal has passed away.  The fate of the house depends on a few things.  1. How was title held?  Was there was joint ownership or a transfer on death beneficiary? Is it owned by a Trust? If no to (1) above, then probate is needed. 2. Is there a Will?  If so, the terms of the Will dictate what happens. 3. if no Will, then Ohio's rules of descent and distribution govern.  (O.R.C. 2105.06) At the end of the day, for a definitive answer you need to sit down with a probate attorney to review your case in detail and advise you. Best of luck.  ... Read More

Yes you can.  The first thing I want to say is document the evidence.  Take photos, video, get measurements etc.  Road maintenance is an exception to the sovereign immunity rules here in Ohio.  You still need to prove negligence, but that's true in any injury case.  Get an attorney on your side.  He or she can make sure things are done properly and help you receive the compensation you deserve.... Read More

Can it be binding? Yes.  Is it binding in your case? Maybe, maybe not.  A lot goes into the analysis of whether or not a valid contract was formed.  Generally speaking, a valid contract requires an offer, acceptance, and the terms spelled out in sufficient detail.  Even if there is a valid contract, you may have other options available to you if you can no longer sell the property, etc.  I recommend sitting down with an attorney for a full consultation to advise you of the law in your particular circumstance. Best of luck.... Read More

While you cannot gain guardianship without parental rights being voluntarily or involuntarily terminated, the parents may be willing to sign a Temporary Power of Attorney for Our Minor Child allowing you to take care of the child, take him to the doctor, enroll him in school, etc.  This can be revoked.  But once you have cared for the child for six months without either parent trying to see him, you can ask CPS to grant you custody.... Read More

I'm sorry, no question seems to be asked here.  If you are seeking an attorney the Find a Lawyer tab on this webpage is a good place to start.  Lawyers on this forum cannot respond to a question by saying something like, "Sure I can help call me."  You need to be the one to initiate contact. Best of luck.... Read More

In short, you should hire an attorney ASAP.  You need to serve legal documents to obtain the video footage and other evidence related to the incident.  Probably get witness statements and more.  You should also seek medical care for your injuries.  Not all doctors want to get involved with a lawsuit, so you may need to see someone other than your normal primary care physician.  An attorney can assist you will all this.  Time is not on your side, get legal counsel.  Most will take the case on a contingency fee.  That means you pay nothing unless they win your case. Keep in mind that attorneys on this forum cannot respond saying, "yes I can help call me."  You need to be the one to initiate direct contact with the lawyer.  Best of luck.... Read More

I'm sorry, it's difficult to tell what you are asking.  Are you referring to division of assets in a divorce or dissolution?  If so, the short answer is, it depends.  An attorney will need to take a detailed look at the entire situation before he or she can answer that question for you. Best of luck.... Read More

Too many facts are missing here to take a guess at an answer.  In order for the complex to be responsible for damage to the vehicle, they must have breached some duty they had towards you.  Why was the vehicle damaged, what happened? You need to sit down with an attorney for a full consultation before anyone is going to be able to tell you whether or not you have a viable cause of action. Best of luck.... Read More

Many law firms use land lines instead of cell phones and thus it might not be receiving your text.  Try emailing and calling.  If that doesn't work, try reaching out to the receptionist or one of the secretaries at the law firm or one of the other attorneys there or perhaps stop by in person and ask to speak to the attorney.  Maybe try sending a letter too.  As a last resort, you could contact the bar association.     ... Read More

In short, no.  A POA is only valid while the principal (person giving authority) is still alive.  From the facts provided it sounds like you are stuck going through probate for the real estate.  As for who gets the property, since there is no Will, the Ohio rules of descent and distribution determine who gets what. (O.R.C. 2105.06) https://codes.ohio.gov/ohio-revised-code/section-2105.06 You may want to sit down with an attorney to review your situation and assist you.  Administering a probate estate without legal counsel can be very difficult and time consuming. Best of luck.... Read More

Hiring an attorney will typically help.  However, results can never be guaranteed and lawyers are limited by the facts of the case, pertinent law as well as the judge and prosecutors involved.  Is it "worth" the price you will pay?  Probably.  It likely would have helped more when fighting the original charge.  Violations of probation can be difficult to litigate as law enforcement typically has ample evidence to prove their case. Best of luck.... Read More