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Ohio Questions & Answers
1 Answer | Asked in Car Accidents for Ohio on
Q: I got a ticket for improper backing in state of Ohio very minimal damage but was accident. I have no insurance .
Tim Akpinar
Tim Akpinar answered on Jul 24, 2021

An Ohio attorney could advise best, but your post remains open for two weeks. I'm sorry about your accident, but am glad no one was hurt. You may have already done so by now, but you could reach out to a Traffic Ticket attorney in the Marion area to discuss the violation and the no-insurance... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: My mother pasted away and I received a RECEIPT AND WAIVER from her lawyer, it's vague. What is it for?
Andrew Popp
Andrew Popp answered on Jul 23, 2021

Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Judge placed a no contact order against me and my spouse against my wishes. Is it possible to get the order lifted ?

She told me the order was temporary, However my spouse and I live together and have a infant . He is the breadwinner in the home and I am currently out of work with no income and he was ordered to leave the home . I am to have no contact with him whatsoever, not even through a third party . This is... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 22, 2021

Maybe. Use the Find a Lawyer tab to retain a local attorney who can review all the facts and advise you of any options and the workings of your local court. But it depends on the judge.

1 Answer | Asked in International Law and Probate for Ohio on
Q: My Canadian husband died intestate in Ohio. I'm a US citizen. We had no children. He has 1 adult child in Canada.

His Canadian estate consists of the contents of a storage container of household goods in BC and stock in a Canadian company at the time of his death. He was a resident of BC prior to joining me in Ohio. He did not own any vehicles, bank accounts or real estate in Canada. His US estate consists of... Read more »

Andrew Popp
Andrew Popp answered on Jul 21, 2021

A detailed analysis of all the pertinent facts is necessary before anyone can give you a definitive answer. I recommend sitting down with a probate attorney in your area for a full consultation.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can an apartment evict you over late fees?

The rent was paid in full and accepted for July on July 3. However on July 20, my mother received a notice to leave the premises in three days for nonpayment of a $75 late fee. There was never any previous notice about a late fee, and she wasn’t even late, the money was taken out of her account... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

They can try, and possibly succeed. Talk to the landlord and try to work it out, or use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Father passed no will no spouse. My bro in same state as Dad. I live diff state. How protect my inheritance rights?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 20, 2021

I would talk to an Ohio attorney about beating your brother to the punch to get appointed as Administrator of the estate. In my state, Louisiana, you and he would have equal preferenced in right to be appointed. Ohio may have a statute that provides that a local person living in the state has a... Read more »

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I am looking at 70 to 80 month for weapons other disability well I get a lot less time if I take a plea
Matthew Williams
Matthew Williams answered on Jul 20, 2021

You need to speak with a lawyer familiar with your case about that. If you plead and the guideline range is 70-80 months after acceptance of responsibility, you will almost certainly get a sentence within that range. If that is the range before accounting for acceptance of responsibility you may... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Weapons under disability I did not receive my preliminary hearing was in the 21 days

It went from city court then all the sudden the feds picked it up even though I already bailed out and had an ankle monitor on

Matthew Williams
Matthew Williams answered on Jul 20, 2021

Federal charges are an entirely separate, a much more serious, issue in these cases as you face a lot more time from the federal government than you would from the state. You need to hire an attorney.

1 Answer | Asked in Contracts for Ohio on
Q: I have a will that left me 2 cars. That I have in my prossion. But another person. Got titles in her name. And won’t giv

Give to me. So I have cars she has titles. What can I do

Andrew Popp
Andrew Popp answered on Jul 19, 2021

In order for title to pass from a deceased person to another you generally need to go through the probate process. If the other person was the transfer on death beneficiary of the vehicles, then that takes precedence over the Will. I suggest you sit down with a probate attorney to review the... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a seller disclosed that they were occupying a property when they were not, if that considered fraud?
Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

It would depend on all the facts and if a buyer incurred any damages because of it. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and all the facts, and advise you if there is any basis for a fraud claim.

1 Answer | Asked in Divorce for Ohio on
Q: Proceedings To Dissolve your marriage

I got a letter with my husband for a proceedings to dissolve your marriage from his attorney I don’t have one and I have no idea what it is and he is yelling for me to sign it not knowing what I’m signing

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Your spouse wants to terminate your marriage. A dissolution of marriage is a way for the spouses to terminate their marriage if they agree on all the terms of property division, spousal support, child custody, etc. If the spouses cannot agree on everything, then it proceeds as a divorce. Use the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I get my previous landlord to return my deposit if they have not sent it to me after over 2 months of moving out?

I moved out of my house at the end of April. At the time of moving out I was in good standings with the landlord. June came around and I had not heard anything from them. I sent them an email with my new address, requesting a check with my deposit and an itemized receipt of deductions. They got... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Ohio law requires landlord to return a deposit and a list of any deductions within 30 days or tenant can sue in small claims court for 2x the amount plus attorney fees. See this link. https://codes.ohio.gov/ohio-revised-code/section-5321.16 Use the Find a Lawyer tab to retain a local attorney... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Ohio on
Q: Hello Justia. Can I become a naturalized US citizen in the future despite having a misdeamenor for domestic battery.

I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks

Matthew Williams
Matthew Williams answered on Jul 18, 2021

Without professional help, very little. You need to talk to a lawyer.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Will a ticket show up in a court date that doesn’t have a verdict yet?

I got a ticket on a freeway for going 19 over. Then got pulled over a few days later doing 19 over on a business road. My second one is first and I’m wondering if the first ticket will show up on record since it doesn’t have a verdict yet. Also, what is the best way to go about going to court.... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

You should speak with an attorney to represent you as both of these tickets likely carry at least two points. An attorney may be able to knock down the moving violations. Are both tickets issued by the same municipality? I'd assume not, but it would be worth knowing. As to your question, open... Read more »

1 Answer | Asked in Small Claims for Ohio on
Q: My father in law is threatening to sue my husband and I.

He co-signed a loan 9 years ago. My husband got laid off from his job and couldn’t make the payment payment anymore. When we tried to reach out to him he had changed his number. Then we found out his new number and contacted him. When my husband tried to discuss the money he owed him back he said... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

There are many potential issues here. The co-signer is responsible in the event that the signer cannot pay. It sounds like there is no contract between the signer and co-signer in the event that the signer defaults. You should talk to an attorney about whether or not your husband can be sued for... Read more »

1 Answer | Asked in Contracts and Lemon Law for Ohio on
Q: Can I sue vroom, an online car dealership for fraud?

They falsely advertised the condition and features included on the car. They also claimed this vehicle has a clean title; however, the car has had electrical issues since day one. I have several reasons to believe this car has previously been in a wreck after taking it to a mechanic. The company... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

You should speak with an attorney about this. There could be a bait-and-switch issue in your situation. The question is, what would you like to get from the dealer?

1 Answer | Asked in Consumer Law for Ohio on
Q: If my vehicle was broken into at an auto repair shop are they responsible for the stolen property?

There was about $750 worth of items stolen out of the vehicle while it was in their possession. They did not lock the vehicle

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

I would demand that the repair shop reimburse you, or make a claim on its insurance. They may have a garagekeepers provision for this. The other option is to notify your insurance, and they may reimburse you and seek subrogation. Contact an attorney to talk about drafting a demand letter or... Read more »

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