I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
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answered on Apr 23, 2024
Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.
She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.
The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More 
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answered on Apr 8, 2024
No, it doesn't give her permission.
On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they... View More
Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More
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answered on Apr 8, 2024
IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More
My sister and I now own the condo. I still live here but now my sister refuses to pay her half of the taxes. I pay my half, HOH fees and all improvements and updates. If I don't pay her half can I be responsible
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answered on Apr 5, 2024
Yes. You are jointly responsible for all fees.
On the other hand, you live there, she doesn't. You are getting all of the benefit of the condo.
If you really don't like the arrangement, you can try to buy each other out or do a sale by partition if you can't agree.
My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More
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answered on Apr 3, 2024
It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.
You do not need to wait any time at all if you want to... View More
I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More
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answered on Apr 2, 2024
It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.
If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?
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answered on Apr 2, 2024
He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.
I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More
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answered on Apr 1, 2024
Sorry, Todd! I disagree. You are usually right!
If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was... View More
Now we said the aligation r over with weed is legal we failed for nothing else what's next step
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answered on Mar 28, 2024
I wouldn't celebrate just yet. Marijuana is legal by state law. Alcohol is legal by state law. People still have investigations opened due to alcohol abuse. Many courts also still view marijuana use as a predictor of bad parenting. Unless you have a medical card I'd reduce my marijuana... View More
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answered on Mar 6, 2024
His estate receives this benefit. The estate then disburses the funds in accordance with the will. If there is no will, then it is disbursed according to Ohio's intestacy statute. If he is unmarried, it is likely that the kids will take all of the funds.
My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More
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answered on Mar 4, 2024
Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More
The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.
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answered on Feb 14, 2024
Yes. Most wills include provisions that disinherit anyone contesting a will. In this case, she is already disinherited, so there is no downside to her contesting the will.
On the other hand, will contests are HARD. It is very difficult to prove either undue influence or lack of capacity,... View More
My daughter has anorexia and was diagnosed when she was 15. She’s been in a lot of treatment over the years. Last year she was in a treatment center that cost $15k out of pocket. My seperate agreements states we split medical bills. Does the splitting of medical bills stop when my daughter turned... View More
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answered on Jan 22, 2024
In general the duty to support goes to age18 or graduation from high school, whichever comes later. If she hasn't graduated you may be able to enforce payment. If she has graduated then she is no longer part of your divorce decree and he has no duty to support.
I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More
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answered on Jan 11, 2024
This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.
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answered on Oct 19, 2023
It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.
I have lived at my current rental property since June of 2020. We communicate with landlord via text. We have only seen him twice. Once when we viewed property. And another when we had a leak. He makes us do everything for maint. and he takes off of our rent. This year when we told our landlord we... View More
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answered on Aug 25, 2023
Text conversations would be enough to renew the lease at the new rate. If you left early you would be in breach.
My niece recently had a baby with her boyfriend. He’s lived with her for a little over one year now, but has become increasingly abusive. She wants him to move out. She lived there before they met, his name is not on the lease, there are no bills in his name. The only mail delivered there with... View More
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answered on Aug 8, 2023
Due to the length of time he's been living there, he transitioned at some point from a "guest", which doesn't need an eviction, to a "sub-tenant" who does.
As a practical matter, however, under these facts the likelihood of her getting in trouble for a... View More
My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month... View More
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answered on Aug 8, 2023
You will in all likelihood prevail on your stepparent adoption. In Ohio, when a biological parent has failed, without reasonable justification, to provide support for over a year to a minor child, his consent is not necessary to proceed with the stepparent adoption.
There will be two... View More
My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More
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answered on Aug 4, 2023
Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More
I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More
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answered on Jul 25, 2023
If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.
If you would like to strip him of any parental rights, the only way to do that is through a stepparent... View More
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