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Questions Answered by Joseph Jaap
1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: separated from husbsnd. He passed and his live in girlfriend took everything of his. Even his personal clothing. Can she

do that

Joseph Jaap
Joseph Jaap answered on Aug 6, 2020

Legally, she is not entitled to any of his property, unless he had a will that left things to her. But -- unless immediate action is taken by family members of the deceased in such a situation, someone with access to the deceased's property can often take it. Once it's gone, it can be... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello, My neighbors HUGE tree roots have TOTALLY damaged my driveway....he says he doesn't have the money to cut it down

I believe he should have to pay for my driveway repair/replacement...of course if the tree falls on my house/garage he is totally free an clear because my insurance would have to pay..this is what he is hoping happens...it could fall on his house as well but either way he wouldn't not have to... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 6, 2020

Get an estimate for driveway repairs and give it to your neighbor. If he doesn't pay, then you can sue him in small claims court up to $6000, and the judge will decide if he is liable to pay for the damage.

2 Answers | Asked in Contracts, Civil Rights and Education Law for Ohio on
Q: it Is legal for a public university to randomly require students to test for Covid and deny access to their class if not

Students will be randomly selected throughout the semester, 100 at a time. Students with no symptoms, no contact tracing, perfectly random. If they choose not to be tested they will be made to “ quarantine “until they comply. They will not be allowed to attend their classes. This is only for... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 5, 2020

She could refuse and file a court case, and ask for an immediate hearing. But courts are operating in reduced mode.

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1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My brother lied to us about what's in my aunt will, but it didn't require probate.

My brother lied to us about what's in my aunt will, but it didn't require probate.

My aunt passed Nov. 2019. My brother is the executor & mad at me. I need to know when he has to be done. She left me 10k, jewelry, books, etc.

I ordered a copy of the will. Its public... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Don't rely on what your brother tells you. If he did not file and open her estate with the probate court, then the court has not appointed him or anyone else to be the executor. A will merely nominates a person to be executor, but the court must act to appoint the executor. So your brother... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord automatically renew my lease and force me to pay?

My family and I are moving out of our apartment at the end of the month. I gave the apartment complex my written thirty day notice we will be leaving along with this last months rent check. The office called and said we will not get our deposit back for breaking the lease and will have to pay rent... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

They can try to get you to pay it. But if there is no signed lease agreement, and if the original lease you signed didn't have an automatic renewal, then they can't prove that you are anything more than a month to month tenant. So you can terminate that at the end of any month by giving... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: What are my options to get away from home before 18, I'll be 17 soon. Can I possibly get my own place?

I'm 17 in 2 months. Neither of my parents want me at their house but are keeping me out of obligation. My mom recently threatened to send me to boot camp. I don't do everything perfect and I do mess up a lot. But all of my major accomplishments, I did it by myself and I know I would be... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Your parents have a legal obligation to support you until you are 18. Ohio does not allow emancipation for your situation. Teens and parents often find it difficult to live together. So talk to your parents, a teacher, coach, school counselor, pastor, or other trusted adult who can review your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My apartment told me via email that I would get a rent discount for August. Now they are saying I won't. What can I do?

They told me I would get a $350 rent credit for a resident referral. I confirmed twice with them if I would still be receiving the credit, and they told me that I would and to expect it on my August rent. When it wasn't added to my account,they are now saying that another person was put down... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

You could sue them in small claims court for breach of contract. But for $350, it might not be worth the time and effort. You could tell them you are filing in court, but that might not make them give you the credit. But they might decide not to renew your lease. Check your local court web site... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: If your landlord does not return security deposit can you sue for double in small claims?
Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Yes. See this link to the Ohio statute:

http://codes.ohio.gov/orc/5321.16v1

You can sue landlord in small claims court. Check your local court web site for the small claims process. Tell landlord you are doing that, and perhaps landlord will pay. But even if you win in small...
Read more »

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2 Answers | Asked in Trademark for Ohio on
Q: I am creating and designing a new special interest flag .

What can I do to protect my work from others trying to reduplicate it without my permission ?

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

In addition to copyright, you might also register it as a trademark for various products like clothing. Use the Find a Lawyer tab to retain a local intellectual property attorney who can advise you about trademark and copyright registration.

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2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Juvenile Law for Ohio on
Q: What is the process of getting emancipated if petitioning to the court isn’t an option?

I have been having major issues with my adoptive family for as long as I can remember and I am finally at the point where I can’t take any more. My 16th birthday is approaching soon and I have a stable job with a great income and I am trying to go about emancipation so that I can move on from the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Here is more information about limits on emancipation in Ohio.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

If there are problems at home, talk to a teacher, other family member or...
Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: How difficult is it to have a shared driveway/easement rescinded?

90% of the driveway is on our property. The easement was granted by former owners of our house in the early 1900s, and the current neighbors lived there since the 1940s. The matriarch of the family passed away in December, so no one is living there while it’s cleaned out and prepared to sell.... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 1, 2020

The other people would have to sign a release of their easement rights to be recorded in the county records. But they are under no obligation to agree. If they are willing to do that, and they might want payment, then use the Find a Lawyer tab to retain a local real estate attorney. Talk to... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My children’s fAther currently has summer visitation with our children in Ohio. School was originally supposed to start

August 19, and our order states that the children come home 2 weeks before school starts which would have been aug 5. I bought the plane tickets and informed the Father and now that school is being pushed back until after Labor Day, the father is staying he will not send the kids back until aug... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 1, 2020

This is uncharted territory with the schools in flux because of the virus. You can file with the court to try to get an answer, but many courts are operating at reduced capacity, and you might not get an answer before school starts. Check with the attorney who represented you, or use the Find a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Im 18 and i live in Ohio. I want to move out without my parents permission. Will they be able to call the cops?

I’m 18 and I want to move out without my parents permission. My best friend dad is willing to let me stay at his house for free until I get a job and pay him rent. My best friend lives in Colorado and that’s where I want to move. Will my parents be able to call the cops and will they have to... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

You are 18 and can make your own decisions, unless there is a guardianship or other court action. They could call the police, but they won't do anything if you are not in danger. If you leave home, will you still have health insurance and car insurance? If you get sick or go in the... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I’m a 16 and living in Ohio. My dad is verbally abusive. Can I go to my moms without his consent?

My dad is verbally abusive to me and often time I want to go to my moms house. Am I allowed to go over there without his consent if I do not feel comfortable being with him anymore?

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

If there is a court order for custody or parenting, then you must follow the court order. Talk to your mother about asking the court to change it. If there is no court order, and your parents are married, then it is up to your parents to decide. If there is no court order, and your parents are... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: If a dog is advertised for giveaway and you get the dog can they take you to court for it back?

Drove 180 after talking with her about getting the dog she advertised for free then couple days later she demanding it back and gave me everything of the dog papers, toys, pool, leashes food. Trying to take me to court because she now wants it back. How is this legal to try taking dog back after... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

Anybody can sue anyone for anything, including return of an animal, which is considered personal property. But to win in court, she would have to prove some breach of contract by you. If she files a lawsuit, you can go to the court hearing and explain your case. Or use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: I closed on my house, then found out the seller is married. The spouse did not sign off.

After closing, I started moving in to my new home, then received a call from my agent, saying that we could not take ownership of the home. The seller is still married, and lied to her agent about it. What are my rights? Any options? What does this mean for my loan, that has already settled?

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

If the deed indicated that seller was unmarried, and seller then signed it, you have a claim for fraud against seller. If you purchased title insurance, talk to them first, then use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you of your options.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... Read more »

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: I found a missing person with a $25,000 reward and the family won't give me the reward

A friend of mine went missing and her family put out a $25,000 reward for information leading to her. I came forward and disclosed some information where I think she might be, and they ended up finding her where I said she was. The family has not contacted me with information on how to get the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Use the Find a Lawyer tab and retain a local attorney. You might have to sue them.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Billing statement did not have rent included for 3 months, now I have to pay $2,000.

The employee on the phone says an eviction has been sent out but I have not received one, not sure what I should do.

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

If you have not paid rent, then you can be evicted. Some evictions have been prevented by federal rules on landlords during the virus, but you should either make arrangements to pay and stop the eviction process, or make arrangements to move elsewhere since the landlord has begun the eviction... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Real estate doc was shared to a list agent on a Sat evening via Dotloop when is it considered received?
Joseph Jaap
Joseph Jaap answered on Jul 28, 2020

That could be argued in court. Check if the contract offer specifies a particular method of delivery. If there is a dispute about whether it was timely delivered or received, then if the parties cannot work it out, a court might have to decide. Use the Find a Lawyer tab to retain a local real... Read more »

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