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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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2 Answers | Asked in Family Law, Child Custody and Internet Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

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

Nicholas P. Weiss
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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...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

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

Nicholas P. Weiss
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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

1 Answer | Asked in Employment Law for Ohio on
Q: So I work for a pallet company but am being forced to clean up after another company.

I was told by my manager that it's not in our contact to do their work. So am I legally allowed to refuse to do it then?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, if cleaning up after the other company is not part of your job duties as specified in your employment contract or job description, you may have grounds to refuse to perform that work. However, it's important to handle the situation professionally... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my condo and moved in with my Dad to take care of my Dad for six years. When he passed I stayed in the Condo and

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

Nicholas P. Weiss
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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.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I sold a car to my cousin for 3250$ she gave me 1350 up front and it has been 2 months she has been ignoring my call

/text now she finally responded back and told me she was not paying me the car is still in my name title/registration etc if I call the police will they make her give me my car back or will they say it’s a Civil matter and take it to court?

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, the police are likely to consider this a civil matter rather than a criminal one, as it involves a dispute over a private sale agreement between you and your cousin. The police generally do not get involved in enforcing private contracts or resolving disputes between private... View More

2 Answers | Asked in Bankruptcy for Ohio on
Q: Defaulted on a personal loan. Loan is unsecured, no collateral. It’s through Achieve Personal Loans. What should I do?
James L. Arrasmith
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answered on Apr 4, 2024

Here are some steps to consider if you've defaulted on an unsecured personal loan:

1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive...
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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

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

Nicholas P. Weiss
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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...
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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

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

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 3, 2024

Parties to dissolution or divorce in Ohio have a right to have their own attorney review any documents they receive from another attorney who represents their spouse. When an attorney represents one party the attorney will most certainly write the documents in a way that is advantageous to their... View More

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1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What happens if someone breaks a real estate contract/intent to sell contract? What are my options

I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More

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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

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

Nicholas P. Weiss
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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.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

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?

Nicholas P. Weiss
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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.

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: If a 14 yr d wants to go live with one parent over another parent during a dissolution. Can that parent get full custody
Raquel Ann Parish
Raquel Ann Parish
answered on Apr 2, 2024

Parties to a dissolution in Ohio must agree on all aspects of the dissolution or they cannot file for dissolution. When children are involved the parties must agree on custody, parenting time, child support and any other relevant issue concerning the children to have a dissolution. When parties are... View More

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