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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Ohio on
Q: My mom died in Ohio and I'm executor in her Will, which doesn't list her mortgage. What happens to it? Probate required?

In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More

James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Does a Trust have to be created in the state of residency or could it be in the state where you own real assests?

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?

Aaron Epling
Aaron Epling
answered on Apr 22, 2024

You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Does a Trust have to be created in the state of residency or could it be in the state where you own real assests?

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?

Nicholas P. Weiss
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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.

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1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark my company name/likeness?

Hi, I'm the founder of Skuza Asset Management LLC and I'm doing business as Natural Orange. Can I trademark these names?

James L. Arrasmith
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answered on Apr 21, 2024

Yes, you can potentially trademark both your company name "Skuza Asset Management LLC" and the name you are doing business as, "Natural Orange." Here's what you need to consider:

1. Trademark for your company name:

- Your company name can be trademarked if...
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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Todd B. Kotler
Todd B. Kotler
answered on Apr 18, 2024

Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2024

The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More

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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Can I carry a loaded firearm in my vehicle as a permit less carrier? Is Ohio code 2923.16 in regards to Senate Bill 215?
James L. Arrasmith
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answered on Apr 17, 2024

Ohio Senate Bill 215, which went into effect on June 13, 2022, allows individuals 21 years and older to carry a concealed handgun without a permit in Ohio. This is often referred to as "constitutional carry" or "permit less carry."

However, it's important to note...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

There's no set legal answer that applies to all cases. Some patient files are fifty pages long, and some are several thousand. Also, many law firms will still retrieve the client's records, even if the client provided their own copy. That could involve going through record management... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In Ohio, failure to give Tenant notice 60 days prior result in having to pay for another month?

My roommate and I forgot to give notice 60 days prior and we gave roughly 45 days. The complex said we are now responsible for utilities for 20 extra days. Can they do that and charge rent for 20 extra days as well? The lease states this Tenant shall give not less than sixty days written notice. If... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that your lease agreement requires you to give at least 60 days written notice before vacating the premises. Since you provided only 45 days notice, you are not in compliance with the terms of the lease.

In this situation, the landlord may be...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: I was in a autoparts parking lot , my car was over heating so i decided to take a nap why it cooled off. I dont drink .

A person called 911 cause they couldnt wake me( i was a sleep fir approximatly 28 minutes.)and told 911 that they didnt know what was wrong but i might be overdosed. Medics showed up and put me in the ambulance. The cops showed up and medic and cop said i admitted fentynal use(which i have never... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems like there are several potential legal issues at play:

1. Unreasonable search and seizure: If the police searched you and your vehicle without probable cause, your consent, or a warrant, it could be a violation of your Fourth Amendment rights...
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1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can a police officer legally stop and ID someone because they “look young” when it is past curfew, in ohio.
James L. Arrasmith
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answered on Apr 15, 2024

In Ohio, a police officer may stop and question a person who appears to be underage and out past curfew hours. However, the stop must be based on reasonable suspicion that the individual is violating curfew laws.

Key points regarding curfew stops in Ohio:

1. Ohio has a statewide...
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1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: My insurance company falsified my mileage on a total loss claim and when confronted about it they cut contact altogethe

I provided proof that they falsified my mileage and asked if they were going to low ball me on my car value now. Ever since then they cut contact with me altogether. Probably waiting for my attorney at this point.

Progressive

So now I suppose I have to sue them?

Nothings been signed yet.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

An Ohio attorney could advise best, but your question remains open for a week. Suing is always an option on any claim. But maybe first look into what caused the mileage error, and if they will work toward resolution of the claim with you based on corrected odometer readings. If the claim is PD... View More

1 Answer | Asked in Probate for Ohio on
Q: Was my mother's POD on her bank accounts and TOD on her house. She had no will. My brothers want money from these acc

I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: My grandfather (Idaho resident) wants to gift me (Ohio resident) his handgun. I’m also 18, how would one go about this?
James L. Arrasmith
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answered on Apr 12, 2024

I want to provide some helpful information, but also share a few important considerations:

Transferring a firearm across state lines can be complex due to federal and state laws. In general, interstate transfers of firearms between private parties (like you and your grandfather) living in...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Criminal Law and Civil Rights for Ohio on
Q: Criminal law question. Search and Seizure question - legitimate search or violation of 4th and 14th amendments?

A vehicle occupied by 4 occupants crashes into a stationary object. Two of the occupants are fatally injured and died on scene. The other two occupants, one being the driver, are injured and found unconscious by responding public safety officials - police, fire/rescue, and paramedics.

The... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex legal question involving the Fourth Amendment protection against unreasonable searches and seizures and the legal doctrine of "plain view." Here are the key considerations:

1. Expectation of privacy: The Fourth Amendment protects against unreasonable searches and...
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1 Answer | Asked in Banking for Ohio on
Q: Wells fargo is charging me monthly late fees for paying ON my due date. I use their bill pay system on their website.

They show payment was received same day, they state because it takes them extra days to process is why it's considered late

James L. Arrasmith
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answered on Apr 8, 2024

I'm sorry to hear that you're experiencing issues with Wells Fargo charging you late fees despite paying on your due date through their online bill pay system. This can be a very frustrating situation. Here are a few suggestions on how to address this:

1. Contact Wells Fargo...
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