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Questions Answered by Joseph Jaap
1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.

Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners...
Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Legally still married but separated does the husband have a right to be at a house only the wife is on the lease?

The wife doesn’t want him there

Joseph Jaap
Joseph Jaap
answered on Oct 24, 2022

If there are no court orders, then both spouses have equal access to the marital residence. It doesn't matter whose name is on the deed or lease. If a divorce is filed, then a spouse can ask the court for exclusive access to keep the other spouse away. But the judge doesn't have to agree.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio I found an 1947 easement that allows me to have foot traffic across my neighbors parcel. mentioned 1974

the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?

Joseph Jaap
Joseph Jaap
answered on Oct 18, 2022

Whether it is valid depends on the exact terms stated in the grant of easement as recorded in the county records. There is no need to keep re-stating and re-recording an easement to keep it valid. Use the Find a Lawyer tab to retain a local real estate attorney to search the county records and... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: My mom has lived in her home for over forty years. Neighbor says part of her yard is hers. More in details

Mom has completely maintained part of property, the whole time. Has a fence built up to the side of the neighbors house and 2 outbuildings. The new owner says it’s her property and has installed an air conditioning unit by the side and has stated my moms fence will be taken down bc she is going... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

A claim of adverse possession can only be decided by a court. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts of the situation and advise you, and try to work it out with the neighbor.

1 Answer | Asked in Contracts for Ohio on
Q: fuel oil delivered to my son's house without being requested. I called for pricing only.

I do not live there or have any connection to the property. The bill is for 1.2k. I called them back that day & told them I did NOT request delivery & that they needed to come back & remove the product. The bill is for $1.2k made out to my son & his wife. They should not be... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

The company could claim that you authorized it. But they would have to prove that in court. For that amount, it is unlikely they would go to court. But they could place a lien against the property, and turn it over to a collection company. Call them and try to work it out. If your son will... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can i get a free divorce? My husband is in jail for child endangerment and sexual imposition this is on a minor.

My daughter was removed from my home cause of the sexual imposition. my daughter had talked to cps and he had said some things to make her feel uncomfortable and unsafe. she is now back in my home since he has been arrested.

Joseph Jaap
Joseph Jaap
answered on Oct 11, 2022

Check with your local domestic relations court. Some have clinics with volunteer lawyers to help those who do not have an attorney. Otherwise, use the Find a Lawyer tab to talk to some local divorce attorneys. Many offer free consultations.

1 Answer | Asked in Construction Law for Ohio on
Q: Can a contractor terminate a contract because of too many errors brought to the attention of the contractor by buyer?

Landscape drainage, too low window wells refused to change and drywalled lower level flooded

Kitchen cabinets incorrectly installed even though an approved plan noted otherwise.

Island wrong colored cabinets

Lastly siding choice was hard to get, he asked to substitute a... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If the contract had an arbitration clause, then provide notice to commence that. If it didn't, contractor doesn't have to agree to arbitration. But the contractor might not have complied with all the required consumer protection clauses in the contract, which might render it void and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm living in a house that was recently sold and I'm wondering what my rights are

My parents sold the house and now there are new owners and I don't know when I have to be out and don't know any rights I have

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If you had a written lease with your parents, the new owner must honor that. If there was no lease, then you are a month to month tenant, and the new owner can offer you a new lease, or terminate your occupancy by giving you 30 days' written notice.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: If my husband left 7 months ago does he have rights to move back in legally?
Joseph Jaap
Joseph Jaap
answered on Oct 4, 2022

If nothing has been filed with the domestic relations court, and no protection order has been issued to keep him away, then since you are still married, you have no right to exclude him. If you file to terminate the marriage, then could ask the court to grant you exclusive occupancy. Use the Find... Read more »

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a apartment and our landlord texted me today saying everyone is 5,6,7,8 have to vacate is that legal

We all have a month to month lease and she wants to raise rent again starting November 1st after she already raised it once and then kick us out before the beginning of the year.

Joseph Jaap
Joseph Jaap
answered on Sep 29, 2022

A month to month tenancy can be terminated by either landlord or tenant by giving 30 days' written notice. If a tenant does not leave, then landlord can file an eviction. If a landlord sends notice of a rent increase, and tenant does not agree, then tenant or landlord can give the 30 days... Read more »

1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options to pass title

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I withhold rent from my landlord for failure to repair plumbing problems?

Kitchen plumbing has leaked and been clogged up since my move in date and landlord refuses to repair the problem.

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

If a tenant withholds rent, the landlord can file an eviction. Try to work it out with the landlord to get repairs. If that doesn't work, then after giving written notice to landlord of the problem, you can start paying rent on time each month into escrow with your local court. Check the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

The co-owner is not a spouse if the co-owners are not married. Each co-owner can invite whomever they choose as a guest -- or even as a tenant. Without a written and signed joint-ownership agreement for the house, resolving disputes between co-owners can be difficult. If a dispute cannot be... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can land in Ohio ever be conveyed without dower rights released?
Joseph Jaap
Joseph Jaap
answered on Sep 22, 2022

Sure, property can be conveyed without a dower release from a spouse. There is no requirement to release dower rights when conveying to a buyer. But a knowledgeable buyer, and the buyer's lender, would require a dower release. A buyer without an attorney might accept a conveyance... Read more »

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