Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Estate Planning for Ohio on
Q: In Ohio can someone reduce the amount they are to inherit to give more to the other heirs or do you have to do per will.

If a will is wrote to cheat the step kids out of some of their father's money, can the person inheritting the most reduce their inheritance and give some to the other heirs mentioned in the will?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 22, 2022

A person receiving money in an inheritance can do whatever they want with it. They can waive some of their inheritance if they wish, but the easier thing to do would be to just transfer some of their inherited funds to the parties who did not receive anything.

1 Answer | Asked in Divorce for Ohio on
Q: Where can I find a separation agreement that says I want a dissolution of marriage?

When I go on the website there's only one separation agreement and there isn't a place for me to say it's for a dissolution. I'm not sure where to find the one I need. And if I'm supposed to use that one I'm not sure how I'm supposed to say it's for a... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 15, 2022

It does not need to say it's for a dissolution. In either a divorce or dissolution by agreement the separation agreement is only a part of the total judgment that divides assets and debts between the parties.

2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Apr 19, 2022

It is highly unlikely that would be considered marital property.

View More Answers

2 Answers | Asked in Family Law for Ohio on
Q: I am representing myself in a grandparents visitation case in Ohio. Do I have to submit my evidence in advance?

My daughter was an unmarried minor when she had my grandson and they lived with me for 2 years until she graduated high school. She has kept any contact with my grandson for the past 6 months, ever since someone called CPS on her. I have tax documents, a witness, and pictures that I would like to... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Apr 19, 2022

Yes. Any evidence that you would like to use at trial must be disclosed in advance to the court and to any other party to the case.

View More Answers

1 Answer | Asked in Family Law for Ohio on
Q: What are the grandparents right in Ohio for unmarried couples? And if the mother say no don’t they have to listen?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Apr 10, 2022

A grandparent has the right to seek reasonable visitation of grandchildren if the parents are not married and at no time were married to one-another. An analysis is conducted on the best interest of the child standard. However, special weight is given to the parent as to whether it is in the best... Read more »

1 Answer | Asked in Family Law and Divorce for Ohio on
Q: Am I legally married? A friend of his performed the wedding just found out that he was not registered with the state.

A friend performed the wedding and I just found out that he was not registered with the state at the time. I'm not sure if anyone was aware of it at the time. He didn't register until 2 years afterwards. I want a divorce now i am not sure if I should file for an annulment instead. There... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 21, 2022

You are very likely still legally married and would need a divorce, not an annulment.

1 Answer | Asked in Adoption for Ohio on
Q: My fiancée have full custody of his son. Can I adopt his son without the mothers consent ?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 21, 2022

In Ohio, if the noncustodial parent has either 1) not had more than de minimus contact with or 2) failed to provide support to the child for one year or more, you do not need their consent to the stepparent adoption.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my wife and I jointly own a car. She is taking it to Indiana. As co-owner can i legally refuse to let her drive it?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 15, 2022

No. If you want her to remain in Ohio you will need to file for divorce and seek a restraining order preventing her from taking marital property outside of the state. Absent a court order you cannot prevent her from driving the car.

1 Answer | Asked in Adoption, Child Custody and Probate for Ohio on
Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 9, 2022

If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If a father doesn’t have custody of his child can he put a protection order against someone else to “protect” the child

The father doesn’t live in the house with the child and has no court rights. The mother and father never married and he want to put a restraining order against someone who lives in the house with the child so they have to leave.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 21, 2022

The father does not have standing to obtain a restraining order on behalf of the child. He would need to petition the court for emergency custody before he could do that.

This doesn't prevent him from calling the police or CPS, but he himself couldn't ask for a protection order civilly.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: What does Ohio consider as de minimis contact?

I've had custody of a family members child for 2 years, the child has lived with me for over 4 years. No order of support was made due to their living on government assistance at the time. They always stated they would send money but never did. They cut off communication except for 2 hours at... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 21, 2022

Three hours per year would likely constitute de minimus contact and their consent would not be required to proceed with the adoption.

1 Answer | Asked in Estate Planning for Ohio on
Q: I'm in Ohio and my grandmother passed 2 years ago.nobody filed an estate how to I get her house that is delinquent on ta
Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 12, 2022

You will need to open an estate and probate the assets.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Mother has no contact with child for 23 months and I want to change custody to me (3rd party) but court no jurisdiction

N/a

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 12, 2022

You need to file a motion to modify custody in the court that currently has the existing order. You will likely then need to transfer jurisdiction to where the child currently lives. You will be arguing that the mother has abandoned the child per the perales standard and have a strong likelihood of... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Rights for Ohio on
Q: Can I take my baby mom to court so that I could claim my kids on taxes every other year?

They live with her but I am a very present father. I do more for them than I do for myself. Anything they need I always buy.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 3, 2022

If you pay child support, you may be able to make an argument to claim one or more of the children, but it will be a fact-determination by the court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My landlord removed my door and is demanding we leave right now without filing an eviction

What can I do.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 3, 2022

Call the police. He is trespassing and conducting an illegal eviction.

1 Answer | Asked in Estate Planning for Ohio on
Q: Does an electronic deposit made after death from an ira that had beneficiaries go to the estate if the benef is executor

I am exe of an estate. I am beneficiary of funds from Merrill Lynch acct. lawyer said if it was someone else I would have to give the funds to them. He said since I am the beneficiary I have to put it in her estate. The transfer was after death and I had already talked to Merrill Lynch. Is this... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 3, 2022

You don't. If you are the named beneficiary of the IRA then those are non-probate assets and you can take them directly outside of the estate.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 6, 2022

If these facts are as you describe then your fiance has a very good chance of obtaining custody with minimal visitation to his ex.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: i need legal help for child support and child custody for my 2 kids

i dont have income coming in right as now but i just started a new job and will soon. my children's father thinks him and his girlfriends kids are more important then taking care of our kids. i just need legal need to get full custody and get him on child support. we agreed on a certain amount... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 31, 2022

You don't need a lawyer to get him on child support. Go to your local child support enforcement agency office and apply, in person, for a support order for your children. They will handle the rest.

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: Signed an agreement with an unlicensed contractor to do repairs on from a fire and come to find out hes not licensed. C

Can I cancel the agreement? And he won't give me any receipts that I paid him up front...and he also lied about the amount he promised my bf working for him. We were helping him out with letting him have the job and getting his name out there and he tried to pull one over on us...do we have... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2022

Yes. If you've paid him, but only because he told you he was licensed, then the contract was induced by fraud. Take note that if he did any work, you may have to provide some kind of compensation.

This may also be a violation of Ohio's Consumer Sales Practices Act.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.