I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More
The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate...View More
To get it removed, you will have to file an eviction. But it isn't a normal eviction where you just put the belongings out on the street. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.
One or the other of them might end up as the sole owner after the divorce. So that might change who you make payments to, but your payments won't change because of the divorce, and the land contract remains in effect according to its written terms. Note that the land contract should have...View More
i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?
If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance...View More
My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps... View More
Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But...View More
My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More
Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you...View More
My son is 4, his dad & I are not & never have been married. I had an accident in October so he’s had him but every time we make a date for me to get him back he doesn’t answer or tells me to come with the police because he is not giving him to me. What can I do ?
Call the police yourself and go pick up your son. If no court has granted parental rights to the father, then he has no legal right to keep him. But he could go to court and seek parental rights. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
and bank account and left her the items in the home. The will states if I am married She gets the house and bank account. I am not married NEVER have been. She is his 6th wife he never put her on any bank account, credit card, or deed to house. They were married only 9 years. She has lied and told... View More
The will must be filed with the probate court to initiate his probate estate. The will and other documents filed with the court are public records that can be searched on-line. No one can prevent you from filing objections or motions with the probate court. Use the Find a Lawyer tab to retain a...View More
That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that...View More
We were not married when our child was born. Paternity was established 2yrs after birth, but nothing has been filed with the court regarding father's visitation/custody (we have a regular visitation schedule established, and he pays daycare bill, but none of this is filed with the court). Can... View More
If there are no court orders, then you can move. But Ohio courts would retain jurisdiction until you establish residency in the new state, which could take several months, depending on that state's laws. Until then, the father could file for parental rights and custody here in Ohio, and the...View More
You can ask, but he doesn't have to unless a court orders him to leave. If you file for separation or divorce, you can ask the court to order him out and give you exclusive occupancy of the marital residence, even if you are renting. If he makes any threats, contact the police and file for a...View More
I have signed a contract to sell the house I live in. We signed another contact to buy a house. The latter, the house we’re supposed to move into, has significant water damage and we no longer wish to purchase it. How can we keep our current house, so that we are not homeless?
If you or your buyer have a real estate agent, talk to the agent to try to get it worked out. If you refuse to sell, that is a breach of the contract, and you must return the earnest money. The buyer might then sue you to enforce the sale and for any expenses they incur because you refused to...View More
The executor or administrator must consider whether there are other claims to pay, sufficient funds to pay any taxes, expenses and fees of administration, etc. Recipients usually are eager for distributions, but the executor or administrator should consult with the attorney for the estate, or use...View More
A house is marital property, and spouse could be entitled to half of the increase in equity that happened during the marriage. The division of assets and debts gets worked out in a divorce, and it depends on many factors. Use the Find a Lawyer tab to retain a local divorce attorney who can look...View More
There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the...View More
I have my dad staying in my house (me and my husband own the house) and my dad doesn’t pay rent or bills and I want him to move out but he has mail that is coming to my house without my permission. Can I still make him leave ?
He is considered a tenant. You will have to file an eviction against him, and that process will take several weeks. Since it is likely to cause tension in the home, use the Find a Lawyer tab to retain a local attorney who handles evictions so the process is done properly. Otherwise, if not done...View More
I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... View More
If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that...View More
Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More
Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your...View More
Left numerous voicemails and finally a call went through and the attorney answered and took my name and phone number and said they would get back to me. It has been 3 months since I have received the notice of inventory and appraisal of the estate with no further contact from the attorney or the... View More
The case documents are available to the public on-line. So anyone can log in to see them and see what the progress is. The probate process can move slowly. The attorney for the estate represents the estate and works with the executor, and is not necessarily obligated to keep anyone else informed...View More
If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the...View More
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