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Questions Answered by Andrew Popp
1 Answer | Asked in Family Law for Ohio on
Q: Can a mother give temporary power of attorney to grandmother without permission of father
Andrew Popp
Andrew Popp answered on Nov 12, 2021

I'm not sure the question you are asking is truly what you intend. A power of attorney is a document where one person gives another the authority to take certain actions for him or her and in his or her place. If you are a competent adult you can do this and do not need any else's... Read more »

2 Answers | Asked in Probate for Ohio on
Q: how do I complete probate inventory when decease only asset has been transferred prior to completion of probate proces

my decease mother had a car with loss title. Department of motor vehicle transfers title to decease child instead of issuing a duplicate title

Andrew Popp
Andrew Popp answered on Nov 8, 2021

This situation does not sound correct. Unless the title to the motor vehicle was set to pass through a transfer on death designation, the BMV should not transfer title to anyone else until authorized by the probate court. If the vehicle had a transfer on death beneficiary named, then it should... Read more »

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1 Answer | Asked in Uncategorized for Ohio on
Q: My mom is next of kin for my brother that just passed..because he is divorced now...she had to sign for cremation

Since she is the next of kin... my aunt not my mom's sister..asked for Ashes to b put on side for us family.she is saying there is none.i called funeral home to find out about ..they said 2 packets were made on side and given to her she is saying that there is none...nursing home is saying... Read more »

Andrew Popp
Andrew Popp answered on Nov 3, 2021

No question is asked here. If you are questioning who has the legal authority to say what happens with a loved one's remains you should look to Section 2108.81 of the Ohio Revised Code. (link below) That is, unless your brother executed a separate declaration changing the law's default... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

1 Answer | Asked in Personal Injury for Ohio on
Q: Son got hurt at a air jump house can I sue

He was playing at the air jump house and ran into a net and now he has a long scratch from his forehead to his jaw line, he says it feel like a cat scratched him..

Andrew Popp
Andrew Popp answered on Nov 1, 2021

Typically you sign a waiver before participating in those types of activities. Unless the place was grossly negligent, you probably cannot sue. I would review the documents you signed. At the end of the day you would need to sit down with an attorney for a full consultation before he or she... Read more »

2 Answers | Asked in Estate Planning, Family Law and Landlord - Tenant for Ohio on
Q: So my stepgrandmother got the property when my grandfather died and my dad has been living there for over 30 years

Now she is trying to kick them out because they are only the step kids but my grandpa's wishes was for them to stay on the property and it be divided between the kids after she dies but she's trying to kick them out is there something he can do

Andrew Popp
Andrew Popp answered on Oct 19, 2021

It all depends on how title to the property is held, how your grandfather's wishes were memorialized. You need to sit down with an attorney so he or she can take a detailed look at the entire situation and provide some guidance.

Best of luck.

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2 Answers | Asked in Probate for Ohio on
Q: How can I gain access to my mothers bank account now that she is deceased?

Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »

Andrew Popp
Andrew Popp answered on Oct 15, 2021

Unless the account was set to pay on death to a beneficiary, then the only way to access those funds is by going through the probate process. The process can be complex, although as Mr. Jaap said, there are occasions when a simplified process can be used. If you want to try doing it yourself I... Read more »

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2 Answers | Asked in Criminal Law for Ohio on
Q: The officer would not take my wife's statement of what she witnessed because she is my spouse. Is the officer correct?

I received a citation for simple assault in Ohio

Andrew Popp
Andrew Popp answered on Oct 14, 2021

How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness).... Read more »

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1 Answer | Asked in Contracts for Ohio on
Q: What kind of lawyer do I need to help break a lease?

Covid related. Mother was in hospital. Doctors requiring first floor instead of third floor apartment.

Andrew Popp
Andrew Popp answered on Oct 14, 2021

You need to speak with an attorney who practices landlord/tenant law.

Best of luck.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... Read more »

Andrew Popp
Andrew Popp answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord evict you so he can move in?
Andrew Popp
Andrew Popp answered on Oct 8, 2021

Look to the terms of your lease agreement. As long as he complies with his legal obligations then it doesn't matter what his subsequent plans for the property are. The landlord is the owner and can do what he wants with the property.

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What all do I need in order to be names as administrator if my father's estate if there wasn't a last will and testamen.

He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.

Andrew Popp
Andrew Popp answered on Oct 6, 2021

You need to open up a probate estate in order to be appointed the administrator of your father's estate. This will need to be done in the county where your father lived when he passed away. Each county has local rules and forms that are needed in doing this.

If you are trying to...
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1 Answer | Asked in Health Care Law for Ohio on
Q: Can I sue a Dr for telling me I'm a burden and that I have too many issues?

I went to my Dr to get med refills and hoping for lab work due to not feeling well,long story short. My Dr got upset cause I hadn't seen him in a while and after he went through meds to refill I was telling him of issues at hand I was having and he rudely stopped me from what I was saying to... Read more »

Andrew Popp
Andrew Popp answered on Oct 6, 2021

"Can I sue a Dr for telling me I'm a burden and that I have too many issues?" - No, that does not support a lawsuit.

You can sit down with a medical malpractice attorney to review his care and treatment and see if he was negligent. If you failed to abide by his orders and...
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1 Answer | Asked in Real Estate Law, Tax Law, Civil Rights and Constitutional Law for Ohio on
Q: Wtf does this mean

So I quit claim deed was given to me 7 years ago and I've been going through a divorce for almost that amount of time and it was just finalized a week ago Thursday and I went to file and paid the convenience fees and the recording fees but something wasn't on the deed a number I... Read more »

Andrew Popp
Andrew Popp answered on Oct 4, 2021

You need to sit down with an attorney in your area so he or she can take a detailed look at your situation. This issue is going to be to involved for an answer on this forum.

1 Answer | Asked in Criminal Law for Ohio on
Q: Are people getting sent to prison during COVID for violating their felony probation?

I have a friend who is currently in jail facing new felonies. He left state while he is on probation. He has two felony 4s and two felony 5s that he is on probation for. He is facing 2 felony 4 on the new charge.

Andrew Popp
Andrew Popp answered on Oct 4, 2021

Yes, that is still happening.

1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: My husband has Stage 4 prostate cancer, and we have several credit cards. We can’t afford to pay them.

Avoid bankruptcy - many medical expenses - Would you know what would happen if we just wrote a letter explaining our situation?

Andrew Popp
Andrew Popp answered on Oct 4, 2021

You may not be able to avoid bankruptcy, that's what it's there for. You can contact the credit card companies to see if they would be willing to work with you. Otherwise, a debt consolidation service may also be of assistance.

Best of luck.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: My daughter is 19 years old ran away in the middle of the night how can I get her back?
Andrew Popp
Andrew Popp answered on Oct 4, 2021

Unless she is under a Guardianship/mental disability, you can't. When a person turns 18 the parent has no legal right to require their return. I suggest reaching out and trying to improve the relationship if you want to see her again.

2 Answers | Asked in Criminal Law for Ohio on
Q: Is there a trusted website that I can use to review State of Arkansas criminal cases?
Andrew Popp
Andrew Popp answered on Sep 28, 2021

What do you mean by trusted? If you are performing case law research, this is complex task even for many attorneys. One of the main things to be cognizant of is that laws change, and legal precedent gets overruled all the time. Law libraries can give you a starting point, but their materials are... Read more »

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