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Questions Answered by Joseph Jaap
2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Joseph Jaap
Joseph Jaap
answered on Nov 6, 2024

Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Joseph Jaap
Joseph Jaap
answered on Oct 16, 2024

Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More

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1 Answer | Asked in Probate for Ohio on
Q: Ohio Probate My mom, uncle and aunt inherited my Grandma's house. My uncle died without a will, no kids or wife.

So my mom and aunt inherited his share of the house and his belongings like a new car and other things of value. The house nor his car had not yet been sold when my mom died in June without a will. So my question are me and my siblings legally entitled to her share of the house and of my uncles... View More

Joseph Jaap
Joseph Jaap
answered on Oct 1, 2024

Yes, you and your siblings could be entitled to something of your mother's estate, depending on whether she has a surviving spouse. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you how best to proceed to sort out the estates for both your... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

1 Answer | Asked in Probate for Ohio on
Q: My mom passed away a couple of months ago. Does her will need to be filed in probate for the contents of her house?

Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents... View More

Joseph Jaap
Joseph Jaap
answered on Sep 3, 2024

Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get my mother out of my house she does not have a lease and is not honoring our verbal agreement.

supposed to split all bills. all she has done, increased our utilities. accuses us of stealing. she is extremely paranoid.she has destroyed property. she has broken our washing machine. she has brought roaches into ourhome. she does very sneaky things. my husband and I both are seeing a doctor and... View More

Joseph Jaap
Joseph Jaap
answered on Aug 28, 2024

That sounds like a difficult situation. The proper eviction process can take several weeks, and that can create a tense situation before a tenant can be removed. Some landlords don't follow the proper eviction process to remove tenants and lock them out, and the tenant then sues the landlord... View More

1 Answer | Asked in Probate for Ohio on
Q: Want dads car but no will. How can i get just his car without taking on all his debt through probate
Joseph Jaap
Joseph Jaap
answered on Aug 28, 2024

If he had no will, then someone, usually a family member, must file with the Probate Court to open his estate to legally distribute his car and any other assets to his legal heirs after payment of debts for which proper claims are filed. Use the Find a Lawyer tab to consult a local probate... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Is there any other way to be legally divorced other than a dissolution or divorce?

I have been separated for 18 months. My spouse and I have absolutely nothing together. She refuses a dissolution even though she is asking for nothing and neither am I. She says I'm going to have to spend the money on an attorney out of spite just to get her to appear. What other options do I... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2024

Check if your local domestic relations court has a legal clinic with volunteer lawyers who help with the divorce paperwork. Or check local law schools for any legal clinics they have. The forms for divorce are typically available on your local court's web site, although it is recommended... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do the home owners need to file a 30 day eviction notice for me to leave?

I have been living on the propery and They are trying to move me out, yet I have been here for over 8 months, have mail sent here, and have given monetary value in the past to live on the premises. There is no paper lease, and the rent was a cash transaction, but there are conversations with time... View More

Joseph Jaap
Joseph Jaap
answered on Apr 1, 2024

Yes, the owners must give a 30 day written notice before filing the eviction. But an eviction filing is a permanent court record that can make it difficult for you to rent from a landlord who check's the court records, and most landlords check, and won't rent to someone with a prior... View More

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

Joseph Jaap
Joseph Jaap
answered on Mar 29, 2024

You'll need to talk to an attorney ASAP if you are being required to vacate by this weekend. Whether or not the writ was signed or has different dates, the sheriff could show up to execute on it and allow the landlord's moving crew to enter and remove all your belongings out to the curb.... View More

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1 Answer | Asked in Family Law for Ohio on
Q: I am legal Guardian for my mom dementia,I am on her checking account can I borrow money from account pay it back later

I am her legal Guardian and will pay it back, I am on the bank account

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2024

A guardian can only use funds for the person over whom they are acting as guardian. Using funds for personal use could open the guardian to personal liability, civil and criminal action. Use the Find a Lawyer tab to consult a local estate planning attorney to discuss the guardianship.

2 Answers | Asked in Real Estate Law for Ohio on
Q: My husband is only one on deed to our home He is refinancing and is the borrower Why do I need to sign

I don’t want any responsibility as we are close o divorce

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2024

In Ohio, spouses have marital rights (called "dower rights") in all the real estate owned by the other spouse, whether their name is on the deed or not. So when selling or mortgaging any real estate, both the owner named on the deed, and the owner's spouse, must sign. The spouse... View More

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1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

1 Answer | Asked in Probate for Ohio on
Q: I have an insurance check made out to my mother's estate. Can I just deposit that in her personal account so I don't hav

She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing

Joseph Jaap
Joseph Jaap
answered on Feb 26, 2024

The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my now x fiance lock me out of her apartment after letting me live there for 4 months even though not on lease

She lives in low income but told me she was allowed another person. There wasn't any fighting told each other love you when left for work then locks me out in ohio what's the law say? My cars registered that address

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2024

If she or the landlord did not go through the proper eviction process, then you could call the police to try to regain entry, but they might not do anything to help you, and they might tell you to talk to a lawyer. You could sue her for any monetary damages you incur for finding a new place to... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: For a dissolution do we need to list checking accounts, vehicles and mortgage that is already in our separate names
Joseph Jaap
Joseph Jaap
answered on Jan 31, 2024

Yes, each spouse must list all assets and liabilities. Even if accounts are in separate names, they most likely will be considered marital assets. Use the Find a Lawyer to retain a local family law attorney to assist with the forms, because if you a make a mistake on the forms, you might not be... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2024

You would have to sue the developer asking the court for damages or to rescind the contract to get your money back. If you file a lawsuit, the developer might negotiate a settlement to avoid the cost of litigation or possible bad publicity.

Use the Find a Lawyer tab to retain a local...
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2 Answers | Asked in Real Estate Law for Ohio on
Q: When a church sells its building that’s in the church’s name. Doesn’t the monies stay with the church?

The church has a new pastor, the building sold. Does that money remain with the church because the church is still in existence. It just has a new pastor. The building is deeded in the name of the church, not a person.

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2023

A church is typically organized as a non-profit corporation with the state, and all assets are required to be used for non-profit purposes. If the church corporation sells its assets, the money must be used only for non-profit purposes. Operations of non-profit corporations are reviewed by the... View More

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should all siblings STILL split the money from parents house that died if one sibling bought it???

My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More

Joseph Jaap
Joseph Jaap
answered on Nov 5, 2024

If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.

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