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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How can I get someone to move out as quickly as possible?

They don't pay rent, they have no bills in their name. They do have msik that goes to that address in their name

Joseph Jaap
Joseph Jaap answered on Jan 14, 2022

You must evict them. Check your local court for the process, or use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Trying to confirm the legitimacy of my fathers will. Upon his passing.

His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 13, 2022

You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: live with a roommate her boyfriend there 24/7 and is dangerous and careless landlord wont let me off lease what do i do?

He has a warrant out, has gotten her car shot up, hits her. i have a son and i dont feel comfortable living there anymore. I also have been paying all the utility bills which was not our agreement. I have expressed this to my landlord and he still will not let me off the lease what is my next... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 13, 2022

The boyfriend isn't the landlord's problem to solve. Talk to your roommate and tell her the boyfriend can't stay there. If the boyfriend makes threats, call the police, file a report, and seek a protection order that orders him to stay away. The lease obligates you to pay rent... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I loand my nephew 20,000 dollars for him to start a business he blue the money and never payed me back

We went to the bank to deposit my 20000 check I signed a paperwork so I could deposit the check

Joseph Jaap
Joseph Jaap answered on Jan 12, 2022

You would have to sue your nephew for breaching the terms of any written agreement for the loan to him or to the business. If there was no written loan agreement, but it was only an oral understanding, it would be harder to prove. And even if the court issues a judgment for him to repay you, he... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I bought a motorcycle my boyfriend moved out and took it We are both on the title. I paid for it.
Joseph Jaap
Joseph Jaap answered on Jan 12, 2022

Based on the vehicle title, you are equal co-owners unless you have a written agreement signed by him that says something different. You would have to sue him to get your half of the value of the motorcycle paid back. But he could claim that your payment for the motorcycle was a gift to him. Use... Read more »

1 Answer | Asked in Copyright and Communications Law for Ohio on
Q: My child was included in a broadcast on a news channel. Am I entitled to a copy of the broadcast?

Child is underage and I am the guardian/parent. Sent email requesting it and they claim they can't due to some copyright excuse. I've never heard of this from other requests I've made of other news outlets.

Joseph Jaap
Joseph Jaap answered on Jan 12, 2022

Whether they must give you a copy would depend on the terms of the agreement you made with them when you gave them permission to make a video using your child. They own the copyright in the video recording, but can only use it and broadcast it within the terms of your permission and agreement to... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I am the mother of two and the father I have been separated for 8 months now and the children have been living with me

Plus we are not married! I received court papers about full custody as of a few days ago. I went to the court house to establish visitation rights with him and now I’ve received papers from a lawyer requesting back round checks on a list of family and friends that do not live in the home with the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 11, 2022

In determining parental rights for an unmarried father, the judge must consider all the facts and circumstances to determine what is in the best interest of the children. His attorney can request information about you that is relevant to that determination. Depending on how the judges divides... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: 72 grandmas heat went out at 12pm, landlord refused to look until tomorrow morning overnight temp is 19 any legal ground

My 72 year old grandmas heat went out at 12pm. The landlord said they won’t look at it till the morning. With temperatures falling to 19 and them refusing other accommodations is there legal action besides rent escrow?

Joseph Jaap
Joseph Jaap answered on Jan 10, 2022

She could stay in a hotel and send the bill to landlord for reimbursement. If not paid, she could sue in small claims court. Court would decide if landlord is liable to pay it.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Ohio, an estate is in probate, the 2 cars were transferred into the 2 heirs names, is there a way to avoid capital gain?
Joseph Jaap
Joseph Jaap answered on Jan 7, 2022

Only valuable collector cars increase much in value to result in much of a taxable capital gain, although the used car market is seeing higher prices. But it doesn't matter, since an heir takes an asset at its current fair market value. If the heir sells immediately at the same fair market... Read more »

1 Answer | Asked in Copyright for Ohio on
Q: Can I legally make digital designs using octonaut characters and have them printed on material and sell on etsy?
Joseph Jaap
Joseph Jaap answered on Jan 7, 2022

Without permission of the owner of the copyrights in those characters and their images, that would violate US Copyright Laws for which there can be civil and criminal penalties if the owner learns of your use. Use the Find a Lawyer tab to retain a local intellectual property attorney who can... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 6, 2022

If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Rent/ecsrow

We are current living in my parents camper due to a unknown to us eviction in 2020. My dad wants us to pay rent. Catcher we had to buy a small space heater due to no working heater in camper, we've had to buy plastic for windows, insulation board, weathering straps to put on the door. All the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2022

If there is no written lease, then it is a month to month tenancy that can be terminated by either landlord or tenant by giving 30 days written notice. If you refuse to pay rent, landlord can terminate the lease and evict you. An eviction filing would make it difficult for you to rent from a... Read more »

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Civil Rights and Juvenile Law for Ohio on
Q: Hello I'm 15 now and I read about a emancipation I was wondering how I could do that because my parents are to strict

My mom uses my diabetes as a excuse for me not to walk places even though I have a phone if something bad happens then she said if I get a job and buy my own car and get a license she is going to call the police if i go somewhere by car or walk but I would be 16 when I do all this and what would... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 4, 2022

Every teen thinks their parents are too strict. But Ohio does not allow a minor to seek emancipation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally through the act of the child's parents regarding terminating child support for that child. A... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Are my children in anyway responsible for my debts when I die?
Joseph Jaap
Joseph Jaap answered on Jan 4, 2022

Children are not responsible. But your debts would be paid from your estate, and your assets might otherwise be paid to your children with proper estate planning. Use the Find a Lawyer tab to retain a local estate planning attorney who can review your situation and advise you how estate planning... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: My sister took temporary custody of my son while I was in jail for 5 months, how do I get my custody back?
Joseph Jaap
Joseph Jaap answered on Jan 3, 2022

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and circumstances and advise you of your options and how to proceed in court. The judge will determine what is in the best interest of the child.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If Im 16 and am adopted but emotiionally abused here can I go to California and live with my Dad who never lost custody?

I am adopted but am hating it here I'm 16 but we have never gotten along. I would like to live somewhere else there is lots of emotional and physical stuff that goes on. would I be able to legally move to my live with my dad in his custody since he never lost it in the first place?

Joseph Jaap
Joseph Jaap answered on Jan 3, 2022

Talk to a teacher, school counselor, or other trusted adult about your situation at home. They will know how to help you.

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2 Answers | Asked in Business Law for Ohio on
Q: I loaned a friend $75,000 to start up his business. We signed a contract and he has missed two payments
Joseph Jaap
Joseph Jaap answered on Dec 31, 2021

If you can't work out a payment plan, then you will have to sue him and/or his company, depending on which was the borrower. You can sue in common pleas court, and you will need an attorney. Use the Find a Lawyer tab to retain a local litigation attorney. But he could file bankruptcy or the... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: My wife and I are going through a divorce. When I left the marital property, she installed video surveillance without my

Knowledge. I was not prevented from going there at the time. Since then she has gotten a dv charge for hurting me, yet was able to successfully petition a court order baring me from the residence even to get my belongings. This, despite me paying the entire mortgage while she makes nearly 3 times... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 31, 2021

You have a complicated situation and will need an attorney to represent you. Use the Find a Lawyer tab to retain a local divorce attorney to review all the circumstances and advise you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: is it possible to terminate a lease early if the landlord is neglecting important repairs?

I rented a house in Canton Ohio, signed an 18 month lease in October. we haven't had heat since we moved in, even though the landlord promised to get it up and going. it's now the end of December and we still don't have heat, hot water, or a working stove - an appliance that came... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 27, 2021

Yes, you can terminate the lease. But landlord could sue you. Landlord is required to provide heat and hot water by Ohio law. Contact the Board of Health to have them document the problems, so if the landlord sues, you have that as proof.

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