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Ohio Questions & Answers
1 Answer | Asked in Entertainment / Sports and Copyright for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

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).

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a apartment and our landlord texted me today saying everyone is 5,6,7,8 have to vacate is that legal

We all have a month to month lease and she wants to raise rent again starting November 1st after she already raised it once and then kick us out before the beginning of the year.

Joseph Jaap
Joseph Jaap
answered on Sep 29, 2022

A month to month tenancy can be terminated by either landlord or tenant by giving 30 days' written notice. If a tenant does not leave, then landlord can file an eviction. If a landlord sends notice of a rent increase, and tenant does not agree, then tenant or landlord can give the 30 days... Read more »

1 Answer | Asked in Probate and Real Estate Law 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 to pass title

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee withhold money, claiming it is an “advancement” of a beneficiary’s inheritance without evidence?

Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... Read more »

Aaron Epling
Aaron Epling
answered on Sep 28, 2022

This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What Steps do I need to take to legally sell my mother's domicile. I have powers to sell via last will and testament.

The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?

The home does currently have a... Read more »

Andrew Popp
Andrew Popp
answered on Sep 27, 2022

It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.

Best of luck.

1 Answer | Asked in Uncategorized for Ohio on
Q: I have a protection order against an ex friend he constantly calls and text me and occasionally comes on the property

Police reports have been filled out but there has been no real precautions for the respondent abuser the victim is left with no protection the abuser respondent has a gammon violated a protection order by via texting and calling showing aggression and Stating sexual activity how long should it take... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Court proceedings get delayed all the time and the prosecutor may not reach out to you until it’s very close in time to them actually having to do something. You can always reach out to them for updates.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How to monetize Small Claims judgement against landlord who violates multiple landlord tenant laws?

In addition to swindling all my deposit, my ex-landlord violated at least 5 of my rights, yet I can't sue him for these because I can't prove any monetary loss in Small Claims Court, according to the Court Clerk. So what's the point of these laws? I AM suing for deposit theft as I... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

You can only win what you lost unless there’s a reason for punishing the other side. If the other side is wrong in fact but not morally, you can only get compensation. Think about a car accident. It would be unfair not to compensate someone for wrecking their car. It would also be unfair to... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: What is hanging from the s in the Smith & Wesson trademark?
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can my 12 year old kid walk on the sidewalk alone? About 2 miles is the farthest
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

This stuff has become super subjective. I’ve seen folks charged with child endangerment in some really questionable circumstances.

An officer encountering the child is likely to take a bunch of stuff into consideration. What’s the neighborhood like? And I’m not just talking about...
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1 Answer | Asked in Criminal Law for Ohio on
Q: My boyfriend/sons father and I had an argument about 5 months ago. I thought he had taken my phone but I misplaced it

And reported it stolen so he has an F2 for robbery and physical harm but I don’t want to go through with anything

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Well, you can talk to the prosecutor about it. Occasionally they decide not to move forward with a case based on new info or an uncooperative victim. In this case it would help A LOT if you could show them you found the phone. If you don’t have it, they probably aren’t going to believe you... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

1 Answer | Asked in Juvenile Law for Ohio on
Q: How can we take away parental rights from someone in prison for attempted murder? Never married.

The father has been in prison since the child was 10 months old. Child is now 5. We don't not want him around child when he is released from prison. They were never married and he has not been a part of her life since she was a month old. He is a very dangerous person. How can we legally make... Read more »

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

If he never went to court to establish parental rights, he doesn't have any. If you want to be sure, or preempt his attempt to establish such rights, you file a private custody action in juvenile court seeking to terminate his rights.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I withhold rent from my landlord for failure to repair plumbing problems?

Kitchen plumbing has leaked and been clogged up since my move in date and landlord refuses to repair the problem.

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

If a tenant withholds rent, the landlord can file an eviction. Try to work it out with the landlord to get repairs. If that doesn't work, then after giving written notice to landlord of the problem, you can start paying rent on time each month into escrow with your local court. Check the... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee condition receiving a Receipt & Release from beneficiaries prior to final Estate distribution?
Aaron Epling
Aaron Epling
answered on Sep 26, 2022

R.C. 5808.17(C): A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent that it was induced by improper conduct of the trustee or that the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

The co-owner is not a spouse if the co-owners are not married. Each co-owner can invite whomever they choose as a guest -- or even as a tenant. Without a written and signed joint-ownership agreement for the house, resolving disputes between co-owners can be difficult. If a dispute cannot be... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
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