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Ohio Questions & Answers
1 Answer | Asked in Business Law for Ohio on
Q: I have decided to discontinue my business. If I end my LLC, would it prevent a future lawsuit against me personally?

This is a 16 year business with a formed LLC. I would like to continue my LLC in a completely different type of business, but not if it leaves me open to future lawsuits pertaining to the business that I'm ending. Would it benefit me to end my current LLC and form a new LLC for my new venture?

Joseph Jaap
Joseph Jaap answered on Jan 26, 2022

It depends on many factors, the nature of business, the type of business liability insurance, etc. Use the Find a Lawyer tab to retain a local business attorney who can review all the facts and circumstances and advise you of your options.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I get a dissolution with a child in Ohio without being legally separated?
Joseph Jaap
Joseph Jaap answered on Jan 26, 2022

Yes, there is not need for a legal separation first. But a dissolution requires both spouses to agree on all issues of custody, child support, division of marital property, and spousal support/alimony. If they cannot agree, then they must proceed as a divorce.

1 Answer | Asked in Estate Planning for Ohio on
Q: As the Successor trustee to a Revocable Trust, all assets are distributed, the balance is zero. What is my next step?
Aaron Epling
Aaron Epling answered on Jan 25, 2022

Assuming assets were properly distributed, does the trust need to file a tax return? If not, then you may be finished. I'd send a letter to the beneficiaries indicating that the trust has been wrapped up.

2 Answers | Asked in Estate Planning for Ohio on
Q: My mom passed in 2018. Can I get the money left in the bank
Mark Martin Turner
Mark Martin Turner answered on Jan 25, 2022

Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I move out the day before my 18th birthday
Joseph Jaap
Joseph Jaap answered on Jan 25, 2022

If you are still in school, talk to a teacher, school counselor, or other trusted adult if you are unable to talk to your parents about your plans. When you turn 18, you are considered an adult. If you leave a day early, it is unlikely any action would be taken. But be sure to have medical... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: I would like some help applying for a patent
Peter D. Mlynek
Peter D. Mlynek answered on Jan 24, 2022

I, along with others, am available. Reach out to a few of us.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a dv felony 4 charge. I read that they have 270 days to bring me to trial. It's been almost 2 years. Can they do
Matthew Williams
Matthew Williams answered on Jan 24, 2022

The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Do l Still have the right to get a lawyer even if our dissolution has been finalized? And is it worth it?

We got a dissolution last May 5,2021. And until now l still haven’t get the title of the car that we both agreed that he is going to transfer it to my name. His lawyer that we used for the dissolution was also the one who process QDRO for the car payoff but until now it hasn’t been finalized or... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Jan 24, 2022

You absolutely have the ability to hire a lawyer. If your ex-husband is not complying with the terms of the dissolution order, you may have the ability to pursue a contempt claim against him.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Noisy Community

I live at a 2 bedroom apartment on the first floor next to the building entrance and the stairs. The main bedroom is next to the apartment entrance and we don’t sleep in it because we simply can’t! Noisy neighbors running on the stairs and slamming doors. In addition to the upstairs neighbor... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2022

You can ask the landlord, but landlord doesn't have to agree. You could try paying rent into escrow. Check your local court web site for the rent escrow process.

2 Answers | Asked in Car Accidents and Personal Injury for Ohio on
Q: Am I entitled to my lost wages due to time off because of medical related to a car accident

I was passenger of the vehicle not at fault we were parked and parking spot at a convenient store. A commercial box truck slammed into us so hard they totaled the car we we were in. Me and the driver went to the ER my friend was off work 3 days with wip lash. During a MRI we found a brain aneurysm... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, those that are injured through no fault of their own may be entitled to damages, which includes compensation for pain and suffering, medical bills, and lost wages. The insurance company will be responsible for paying out these sums and will most certainly try to limit their... Read more »

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1 Answer | Asked in Copyright for Ohio on
Q: Can a minor in Ohio register for copyright?

Hi, i’m 17 and I plan on launching a company. I was wondering if I can copyright the company at my age.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 22, 2022

Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute an original creative work in a literary, artistic, educational, or musical form. Minors may claim copyright, and the Copyright Office issues registrations to minors.

If, however, you...
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1 Answer | Asked in Family Law for Ohio on
Q: How do I go about getting property from stepmom. My father passed away without having a will in ohio.

My grandfather left about 70 acres to his 4 sons with gas and oil rights. One being my father. So that's about 16.5 acres a piece. My father passed away in 2017. So its been a little while.

Joseph Jaap
Joseph Jaap answered on Jan 21, 2022

An attorney will have to review the county real estate records to determine property ownership and then probate records to determine if your father's estate went through probate. Use the Find a Lawyer tab to retain a local real estate attorney to review the records and advise you.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »

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1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: Who determines if a person with Dementia is able to continue to make decisions such as POA choice?

I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Does infidelity affect the outcome of the property split in a divorce?

I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My father recently deceased I bought a home from him that was given to me in my two brothers when the youngest tur 18 I

The the youngest is now 58 I should have never bought that house it should have been whipped or given to us from a divorce agreement between my father and my mother that was her thing my father is deceased but his spouse at the time of purchasing the house has inherited his home now and all of his... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

There are many factors to be considered in determining what you might be able to do, but it is too complicated to discuss on-line. Use the Find a Lawyer tab to retain a local probate attorney who can review the situation and all the facts with you, and then advise you of any rights that you have... Read more »

2 Answers | Asked in Bankruptcy for Ohio on
Q: I am 3 years into a Chapter 13 paying 70% of debt. My income has risen 25% + over the last 1 1/2. I need some advise.

I am faced with having my monthly payment increase significantly and I am in a better position to pay my creditors 100%. I am thinking of asking for a voluntary dismissal but have some questions, pros and cons. First after dismissal I assume my creditors will come after me but can I negotiate to... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 19, 2022

This is a question you should be asking your lawyer. No Lawyer? Get one.

I don't know your case so anything I make say could easily be wrong. Someone familiar with your file should take a look

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1 Answer | Asked in Probate for Ohio on
Q: Guardianship help. I am finalizing a final accounting for my ward that is deceased in Lake County. I need help.

For the final accounting, on one hand the court told me I cannot spend any more money once the ward has passed. On the other hand I was told to take my fees and get rid of all the money in her guardian account. I feel my hands are tied and I can’t figure out how to do this final accounting. There... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 18, 2022

The probate court must approve expenditures, fees, and the final accounting. A local probate attorney can help you finalize the estate. If not done properly, you could be held financially liable for any errors. Use the Find a Lawyer tab to retain a local probate attorney.

1 Answer | Asked in Child Support for Ohio on
Q: Hi I’m 14 years old and I have a lot going on at home I was wondering if I’m aloud to be emancipated with a parent’s

Consent in the state of ohio

Joseph Jaap
Joseph Jaap answered on Jan 18, 2022

Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally through the act of the child's parents regarding terminating child... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My husband is in jail for dv he got arrested was out on bond and got arrested again I need advice on how to make this

Better I never intended for any of this we've been married for a long time and he takes care of our family I need to get him out of jail out of trouble and back to work

Anthony C. Satariano
Anthony C. Satariano answered on Jan 18, 2022

In Ohio, whether or not the State proceeds with DV charges is up to the prosecutor. It is not up to the victim. Your husband should consult with a criminal defense attorney.

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