Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I get my late mother off a co sign of mortgage, which is now paid off, so I can get a home equity loan?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

If the mortgage is paid off then it just needs to be released. Ask your lender to file a release of mortgage.

2 Answers | Asked in Estate Planning for Ohio on
Q: Can the executor of an estate be from another state? Can the holder of a POA be from another state?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

Yes to first question if named in the will.

Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).

View More Answers

2 Answers | Asked in Probate 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 by which to transfer title to the heirs

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

I don't think the time has passed. If there are newly discovered assets then the probate case can be reopened.

You probably don't need to do that. Many counties now provide for an affidavit for transfer and record of real estate inherited that, if there is no will and the heirs...
Read more »

View More Answers

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

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

Not only is it not illegal, it is illegal for them to refuse to provide a written itemized list of repairs performed or services rendered, including a list of parts or materials, the amount charged for labor, and the identity of the individual performing the repair or service.. O.A.C.... Read more »

View More Answers

2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 19, 2022

If you purchased it prior to divorce then it is premarital, and not subject to division in a divorce. Under limited circumstances, a court can award a portion of the house to the non-buying spouse. Usually they are entitled to the cash value of the increase in marital equity in the house after... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Real Estate Law for Ohio on
Q: Husband was on life support his sister filed quit claim deed on house putting it in her name. Is this fraud not his sign

The house was to go to me before he died she put deed in her name no way he agreed he had been unconscious in coma

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

If she forged his signature you will need to 1) report the fraud to the police and 2) file a declaratory judgment action against her to unwind the transaction. Quit claim deeds in Ohio also must be notarized, so find the notary and bring a claim against them as well for fraudulently notarizing the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: I have a 10 year old son. On his birth certificate, only I appear as guardian (I'm his birth mother).

His bio father never bothered to recognize him or even provide any type of support. I am now married (married 3 years and have been together for 5 years) and my husband wants to legally adopt him. Do I need to terminate parental rights with my son's biological dad, or can we skip that step and... Read more »

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

Adoption and termination of rights happen at the same time. You will need to file for a stepparent adoption, which the biological father will have a right to contest. If he has not had more than de minimus (small) contact with OR provided support for your child for over a year then his consent is... Read more »

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.

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.