answered on Mar 8, 2023
If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More 
Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... View More
answered on Mar 7, 2023
A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his... View More
We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?
answered on Feb 27, 2023
The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... View More
Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... View More
answered on Feb 27, 2023
No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... View More
all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... View More
answered on Feb 27, 2023
The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... View More
2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... View More
answered on Feb 24, 2023
The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... View More
My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More
answered on Feb 21, 2023
Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More
Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?
answered on Feb 15, 2023
The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.
answered on Feb 15, 2023
An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More
The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.
answered on Feb 8, 2023
If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... View More
Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... View More
answered on Feb 8, 2023
The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... View More
No will was found. Need to transfer next of kin responsibilities from mother to sister. The mother is incapable to handling details and wants to pass on to daughter. We're trying to fill out forms ourselves but having difficulty understanding some of the procedures. We live in Medina, Ohio... View More
answered on Feb 7, 2023
OH law is different from NY law. You'll need an attorney in NY if that is where your brother lived. Use the Find a Lawyer tab to retain a local NY probate attorney who can review all the information, fill out all the NY probate documents properly, file them with the court, file any tax... View More
I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?
answered on Feb 2, 2023
The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... View More
However we signed and notarized the POA in the hospital as she is competent. He is going to try and say she wasn’t competent, what can I do to protect my mother and the POA we signed in the hospital?
answered on Jan 31, 2023
When a new POA is executed that revokes the prior POA, until people are notified that the old POA has been revoked, they might still honor it and follow instructions from the old agent. So the new POA should be given to health care providers, banks, financial advisors, insurance agents, etc. so... View More
answered on Jan 25, 2023
Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... View More
My father currently has a court appointed Gaurdian. I am currently in the process of becoming successor Gaurdian. The court hearing date is set. I am just wanting to know if legal representation is necessary.
Also, the hearing is via Zoom.
answered on Jan 18, 2023
Legal representation is not required. But there are significant legal and fiduciary responsibilities of being a guardian, reports that must be filed with the court, etc. You should retain a local probate attorney who handles guardianships to represent you at the hearing and to provide continuing... View More
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answered on Jan 17, 2023
If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.
Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney... View More
My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page... View More
answered on Jan 17, 2023
If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to... View More
My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... View More
answered on Jan 6, 2023
Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... View More
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More
answered on Dec 22, 2022
It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... View More
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