Ohio Recent Legal Answers from Lawyers

It sounds like a breach of contract issue from what you describe.  You may want to retain an attorney to pursue this issue for you.  Otherwise, I don't see a specific question being asked here.  If you want a general, "what should I do" question answered, you will need a full consultation with a lawyer before we can tell you.  It's all in the details. Best of luck.... Read More

Probably not.  Ohio has a two year statute of limitations for wrongful death claims.  That being said, there may be factors which have tolled the state of limitations.  I recommend sitting down with an attorney experienced in this area to review the situation in detail and advise you. Best of luck.... Read More

The short answer is probably yes.  Attempting to handle criminal defense cases yourself is precarious at best.  You don't know the options available to you or how to evaluate for or present legal defenses.  The Find a Lawyer tab on this webpage is a good place to start.   Best of luck.... Read More

The short answer is probably yes.  The difficulty in these types of cases comes down to proving the exposure to the fumes caused your illness.  There may be an OSHA violation as well.  For specifics regarding how to proceed etc., I recommend sitting down with an attorney to review your case in detail and advise you. Best of luck.... Read More

Unfortunately, when you're dealing with real estate, unless the property was in a Trust or set to pass through operation of title, you are stuck going through probate.  It's a common misconception, but Wills do NOT avoid probate.  Even better, probate is county by county.  So for real estate, you need to open up a separate probate in each county where the property is located.  There may be a simplified probate process available depending on the surrounding facts and status of the estate.  I recommend working with an attorney in the area since every county probate court has their own rules and procedures.  Best of luck.... Read More

Your situation is actually where the restaurant did not treat her differently from anyone else.  Since it's a privately owned company they are within their rights in this regard.  Additionally, nobody suffered any injury or pecuniary damages as a result of the incident.  The company has a legal responsibility to ensure the safety of its employees and patrons.  They are not in a position to dispute a medical condition someone claims they have.  If someone does not want to follow the rules of the restaurant, they are free to patronize another establishment.... Read More

Hello Jim, It looks like your question got cut off.  In order for any attorney to be able to intelligently evaluate the entirety of the situation and attempt to give you options and estimate the liklihood of success a full consultation is needed.  It's likely that even that will not be enough.  It's unclear as to what possible causes of action exist and what damages may be recoverable.  If the case needs to proceed under federal statutes the costs of litigation are significantly higher.  In this instance I would not worry about costs up front.  Speak with a qualified attorney.  Many offices will have alternate arrangement (such as contingency fee) that may be available depending on how the case would need to proceed. Best of luck.... Read More

If your pet is medically certified to treat any kind of disability, then a landlord cannot have a no pet policy as apply to you, pursuant to the fair housing act of Ohio, as well as the Americans with disabilities act. What you need to do is to contact the fair housing administration in Ohio and see if you would qualify for an emotional support animal that could be documented by physicians letter stating that your animal is medically certified to treat any kind of disability that you may have. If you do get such a letter, then it is more Then likely that your landlord has to accommodate your pet. ... Read More

You are basically dealing with a tenant who has abandoned her personal property.  This issue is typically handled with local law enforcement.  They can assist you in determining notice requirements etc. for your ex-friend to obtain her belongings.   For a more detailed answer you can also sit down with an attorney to review your situation in detail and advise you. Best of luck.... Read More

If it was a completed gift, then yes, you could run into issues if you damage the iPad.  In addition to civil liability, it's possible that law enforcement would look into bringing criminal charges.  If it was just an iPad you owned and were letting him use, then you may want to contact law enforcement to ensure he returns your property... Best of luck.... Read More

Maybe.  There are a whole host of factors that get factored in when the prosecutor is determining whether or not to seek jail time.  I recommend sitting down with an attorney to review your case in detail.  Only then can someone intelligently tell you the likelihood of serving jail time.... Read More

A big question here is, Why?  What reason has the auto lender given?  This is normally routine.  If there was a written agreement and they are failing to adhere to the terms, then you may be able to bring suit for a breach of that contract.  Ultimately, you will likely want to sit down with an attorney to review your case in detail and advise you of your options. Best of luck.... Read More

It may depend on the terms of the sale.  Many real estate transactions are completed with the property "as-is."  That would mean the buyer is responsible.  You may get into arguments regarding whether the leak was a latent, or patent defect.  Basically, if the buyer can prove you knew about the leak and tried to hide it, there may be ways to have you pay for the repairs.  For a definitive answer, you will need to sit down with an attorney to review the facts in detail and advise you. Best of luck.... Read More

Hello Elizabeth.  That sounds like a terrible situation, but I don't see a question.  If you are being charged with criminal offenses I recommend sitting down with a criminal defense attorney in your area.  If you cannot afford one and otherwise qualify, you can contact the office of the public defender to apply for assistance from one of their attorneys. Best of luck.... Read More

Trying to predict an outcome of a case is difficult.  Especially with only a small picture of what transpired.  It sounds like your insurance company is already defending the lawsuit.  You can speak with their attorney for some guidance.  If you have concerns, you can always hire your own attorney.  Overall, the breadth of things to discuss are beyond the scope of this forum. Best of luck.... Read More

If you are getting married to a United States citizen, you would have to file a 601 waiver for each of these incidents. I don't do waivers, but I know a good lawyer in Orlando here that does them. And he's got an excellent track record. If you need a referral then I would be happy to give you one. Counsel in any state can represent you. ... Read More

The money paid to live there likely will be considered rent.  You will not obtain any ownership rights just by paying the costs and expenses.  Depending on the particulars, you may have a claim against the estate for funds expended in preserving the property.  I recommend sitting down with a probate attorney in your area to go through the facts with you in detail, and advise you. Best of luck.... Read More

Here in Ohio, your father had the option to file his will with the county where he lived.  Additionally, if he ever petitioned the probate court for his county to rule on the validity of his will or trust, a copy may be on file in the Court file.  If you know what attorney drafted his documents, you can check with him or her.  Check safety deposit boxes, safes, or other places where he kept important docs. An old will is likely not going to do anything as each new will typically revokes any prior ones executed.  You may be able to contact the County Bar association where he lived and see if they can inquire. Best of luck.... Read More

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 More

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 More

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 More