Questions Answered by Joseph Jaap

Q: I have a land contracted house that my mom purchased 8 yrs ago. If we sell will she have to pay capital gains tax?

1 Answer | Asked in Contracts and Tax Law for Ohio on
Answered on Jun 22, 2018
Joseph Jaap's answer
Whether there is a capital gain, and whether she pays tax on it, depends on all the facts and her financial circumstances. She should consult a tax professional who can review the facts and advise her.
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Q: My daughter is 17. Her mother & I were never married. Can she choose which parent she wants to live with?

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 22, 2018
Joseph Jaap's answer
Parenting and custody orders of the court are to be followed, and if they aren't, then the mother could take action in court, including trying to have you held in contempt. The court would hold a hearing, and take your daughter's preference into consideration in determining if a change to parenting and custody are in her best interest.
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Q: Cancel accepted home purchase offer

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jun 21, 2018
Joseph Jaap's answer
If your contract has an inspection contingency, then if the house is not satisfactory, follow the steps in the contract to terminate it by giving seller proper written notice. Use the Find a Lawyer tab to retain a local OH attorney where the house is to review the contract and assist you with the purchase process.
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Q: A girl has a daughter in foster care and now she is pregnant by my son. She is not on drugs. Can the new baby be taken?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Jun 21, 2018
Joseph Jaap's answer
If CPS is involved, and has taken the other child, then CPS must have good reason. So if they said that they also will take the new baby, then it likely is true.
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Q: I am Laiston Jerels. Is there a way to renew this Trademark?

1 Answer | Asked in Trademark for Ohio on
Answered on Jun 21, 2018
Joseph Jaap's answer
If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.
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Q: Can I renew trademark 87016911

1 Answer | Asked in Trademark for Ohio on
Answered on Jun 21, 2018
Joseph Jaap's answer
If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.
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Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on
Answered on Jun 19, 2018
Joseph Jaap's answer
It depends on the wording of the easement that was signed by grantor and recorded in the county records. But typically, the easement is non-exclusive, and the grantor can continue to use the easement area along with the grantee. So if grantee installs a driveway in the easement area, grantor can use it, unless the easement says otherwise. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement and advise you.
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Q: After the home inspection I don't want the house.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jun 18, 2018
Joseph Jaap's answer
Verbal notice or email might not be sufficient. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts to determine if you gave an effective notice of termination, exactly as specified in the contract. The attorney can then communicate with seller.
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Q: Can I legally be on my own at age 17?

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 18, 2018
Joseph Jaap's answer
No, you are a minor and your parents or guardian are responsible for you. Typically, Ohio does not emancipate. Here is a link to more information:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-255.aspx
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Q: I have lived in my condo for 7 years, paid rent $975. a month and a $1100. security deposit. He now wants more.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 18, 2018
Joseph Jaap's answer
When lease expires, landlord can propose a new rent, and tenant can choose to agree or move. Landlord can collect whatever security deposit tenant will agree to, but landlord must pay interest on any deposit greater than one month's rent.
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Q: Does my 17 year old grandson have any legal recourse to recoup money taken from him by his custodial father?

1 Answer | Asked in Family Law for Ohio on
Answered on Jun 18, 2018
Joseph Jaap's answer
In theory, yes, he could sue for the money. But it is unlikely that legal action would improve the situation.
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Q: Can I file charges against my 10 year old granddaughter who is unruly

1 Answer | Asked in Juvenile Law for Ohio on
Answered on Jun 15, 2018
Joseph Jaap's answer
If you've been told nothing can be done until she is 12, then it is unlikely the court system will do anything.
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Q: Can my landlord evicted me if the City of Toledo put signs up and said the property is unfit for human habitation

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 14, 2018
Joseph Jaap's answer
Yes, landlord can evict you, and the city can have you removed also. You can sue landlord for return of your security deposit.
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Q: As a 16 year old whose about to turn 17 in least then a month do i need my parents consent to work in a different city

1 Answer | Asked in Employment Law and Child Custody for Ohio on
Answered on Jun 13, 2018
Joseph Jaap's answer
Yes, you need your parents' consent, or both you and your uncle could get in trouble.
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Q: My bf and I broke up. I own the home. Does he have any rights or can I just tell him to leave?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 12, 2018
Joseph Jaap's answer
If he has already gone, and you have changed the locks so he cannot re-enter, he could file an action for wrongful eviction, and sue you for some amount of monetary damages, like the cost of moving. Or he might not do anything. If you want to avoid him filing in court, then give him a written notice terminating his tenancy, and then file an eviction action. Check your local court web site for the process, or use the Find a Lawyer tab to retain a local attorney to assist you.
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Q: Can my landlord evict my father from my house if he is there to help me recover from heart surgery

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 12, 2018
Joseph Jaap's answer
Landlord could file an eviction, but it would be up to the court to determine whether to grant an eviction based on those facts and the lease. The court might find that the lease provision is not enforceable. Or it could grant the eviction. Try to work it out with landlord and avoid having an eviction filed. If an eviction is filed, use the Find a Lawyer tab to retain a local attorney to represent you.
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Q: Akron OH. Man allowed his grandson and his gf w/ kids stay without rent or util. How to go about making them leave. Help

1 Answer | Asked in Family Law and Landlord - Tenant for Ohio on
Answered on Jun 12, 2018
Joseph Jaap's answer
Drug use or non payment of rent is grounds for eviction. Give them proper written notice to leave, and then file an eviction action with your local court if they don't. Check with the local court for the eviction forms and process you must follow, or use the Find a Lawyer tab to retain a local attorney to represent you in the eviction and ensure the proper process is followed.
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Q: can I be evicted from home purchased for us with inheritance money 6 years ago, his dad, says non payment of rent.

1 Answer | Asked in Family Law for Ohio on
Answered on Jun 11, 2018
Joseph Jaap's answer
If your father-in-law's name is on the deed as the sole owner of the house, then he can evict you. Contracts regarding sale and purchase of real estate typically must be in writing. Without that, it makes it much more difficult to claim any rights. Your husband might have some kind of claim if his money was used to purchase the house. But that might not stop the eviction. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of any options.
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Q: Can adding a family member's name to the deed of my parent's house supercede my mom's last will and testament?

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Answered on Jun 11, 2018
Joseph Jaap's answer
The designations on a deed can supersede provisions of a will, such as survivorship or transfer on death provisions in a deed or affidavit. Use the Find a Lawyer tab to consult a local real estate or estate planning attorney who can review the deed and advise you.
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Q: Do I need to make payments on my husbands car loan after his death while waiting on the insurance payoff on the loan?

1 Answer | Asked in Probate for Ohio on
Answered on Jun 11, 2018
Joseph Jaap's answer
Find out how soon the insurance will pay it off and advise WF. But if payments are not made, WF could take action to repossess the car. So try to work it out with WF and make payments if you have to, to avoid the car being taken.
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