Questions Answered by Joseph Jaap

Q: My father passed away 2months ago. My brother is his executor and he isn't letting my sister know anything.

1 Answer | Asked in Probate for Ohio on
Answered on Oct 13, 2017

Has the probate court actually appointed your brother as executor? If the will has been admitted to probate, then you will be able to see it. If a probate estate has been opened, then the court will send you a notice of a right to a hearing, unless you signed a waiver. If an estate has not been opened, you can open it yourself. You and your sister should use the Find a Lawyer tab to consult a local probate attorney to review the situation and advise you how to get answers.
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Q: Can a landlord force tenants to agree to renew 10 months ahead of end of lease? "Renew or he will start showing apt."

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 13, 2017

Ohio law gives landlord the right of reasonable entry to show the premises to prospective tenants. There is no time limit on when a lease can or must be renewed, unless there is a limit or renewal requirement stated in the written lease that tenant and landlord signed. What the landlord is doing is not against any law. It might be pressuring the tenants, but that is not illegal. Tenants should review their lease for any renewal rights, if they think they might want to renew, or if they even...
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Q: Does father have any legal rights to his child if hes not on the birth certificate?

1 Answer | Asked in Family Law for Ohio on
Answered on Oct 13, 2017

Father who is not married to the mother must establish paternity and then go to court to establish parental rights. Until then, mother has sole legal custody and makes all decisions about the child, and can exclude father from all contact with the child. Use the Find a Lawyer tab to consult a local family law attorney about the situation.
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Q: My father remarried 8 years ago and is ill, step mom wont twll me anything do i have any rite? Im the only child

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Oct 13, 2017

Can you talk directly to your father? Or he could sign a medical power of attorney or health care information release so you can get that information directly from the medical providers.
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Q: Can I move out of state with my son , we were not married when he was born ?

1 Answer | Asked in Family Law for Ohio on
Answered on Oct 12, 2017

If there is no parenting order or custody order granting father any parental rights, and you have full custody, then you can leave. But OH currently has jurisdiction until you have lived long enough in MI to establish residency for MI jurisdiction, and if the father is upset that you left, then he can file here in OH, and an OH court might require you to return your son to OH if it still has jurisdiction. Or if he finds out you are planning to leave, he could file an action in OH now, and the...
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Q: If somebody has a baby and their husband has alot of d.v charges against him will the state take the baby?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Ohio on
Answered on Oct 11, 2017

If children's services is currently involved, or if he is still living with her, or if there is any current protection order against him, it could get involved. If the mother has concerns, she should use the Find a Lawyer tab and consult a local family law attorney.
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Q: I'm 17, turn 18 soon. Still highschool under my dad's care. Want to live with mom. Could my dad keep me till I graduate?

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Ohio on
Answered on Oct 11, 2017

Your parents must follow the terms of any parenting order issued by the court. If you want changes, then your mother would have to ask the court to make the changes, and the court would hold a hearing to determine if a change is in your best interest. If your mother wants to do that, she should use the Find a Lawyer tab to consult a local family law attorney.
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Q: I want to have a second child but my first Child's custody was taken away and given to my sister?

1 Answer | Asked in Child Custody for Ohio on
Answered on Oct 11, 2017

If the court had reason to award custody of your child to your sister, then it seems likely the court would decide the same for any other child.
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Q: My child's father barely sees her and lives in different state. Can he get every other weekend? She doesn't know him.

1 Answer | Asked in Family Law for Ohio on
Answered on Oct 11, 2017

A court determines what sort of parenting schedule is in the best interest of a child based on all the facts and circumstances presented to the court. Use the Find a Lawyer tab and consult a local family law attorney.
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Q: We own apartments. The sewage company in our county bills us higher than any other business. Is this legal?

1 Answer | Asked in Business Law, Civil Rights and Landlord - Tenant for Ohio on
Answered on Oct 11, 2017

Sewage rates are typically set by the utility after an approval process with the state public utilities commission and public hearings. Check with the state about your rates.
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Q: Mother has already passed. Dad just passed on 9-21-17. He still has a mortgage on the house. It's not worth very much.

1 Answer | Asked in Probate for Ohio on
Answered on Oct 10, 2017

You need to be sure there are no other assets, like old insurance policies, bank accounts, safe deposit box, etc. You really should schedule a brief meeting with a probate attorney, just to review things you might not have thought about. Use the Find a Lawyer tab. There might be no reason to file, and if you ever did discover money owed to him, you could open the probate estate then just for that purpose.
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Q: my sister bought a house and a few months later had to shellout $8000 for a new roof. Can she sue the previous owner?

2 Answers | Asked in Land Use & Zoning, Lemon Law, Real Estate Law and Small Claims for Ohio on
Answered on Oct 10, 2017

Anyone can sue anybody for anything. But litigation is expensive, and the cost of litigation to prove fraud, could be nearly what she is claiming in damages, and the seller would not have to pay her attorney fees even if she wins. And she could lose - if a court determined that she should have gotten a more thorough inspection of a 1960s vintage home. The court could say she should have had a roof inspection that could have told her it was the original roof. The seller could deny telling...
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Q: In 2013 the father of my child and I came to a court agreement of shared parenting about a year later he was arrested.

1 Answer | Asked in Child Custody for Ohio on
Answered on Oct 10, 2017

It isn't automatically voided, but depending on the circumstances, the arrest could give you a solid basis to return to court and ask for changes to the shared parenting agreement. Use the Find a Lawyer tab and consult a local family law attorney who can review all the facts and advise you.
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Q: Wife leaves home for long periods of time doing drugs with no contact with husband or children . Can he legally take ki

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Oct 10, 2017

He needs to file for legal separation or divorce, and ask the court for full custody. He should use the Find a Lawyer tab to consult a local family law attorney.
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Q: My mother died had a will named me in charge. I'm the only surviving person in the family. Do I need to go to probate

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Answered on Oct 9, 2017

If the deed to her house did not name you as a joint owner and grant a right of survivorship, or a transfer on death to you, or if she did not execute a transfer on death affidavit, then you will have to file in probate court to have the house transferred to you. Use the Find a Lawyer tab to consult a local probate attorney in the location where she lived to look at your document, review the will, and advise you.
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Q: Help! Emancipation ohio

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Oct 9, 2017

Ohio does not permit emancipation. Review this link. https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

Your parents have a legal duty to continue to support you.
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Q: My mother passed away with an estate of about $130,000 (no house or car).

1 Answer | Asked in Tax Law and Probate for Ohio on
Answered on Oct 9, 2017

Talk to the attorney who is handling her probate case. If there is no attorney, consider talking to an attorney, so that the probate is handled properly. Use the Find a Lawyer tab.
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Q: I am concerned about a family member that is mentally unstable and potentially a danger to themselves.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Answered on Oct 9, 2017

Start by talking to senior services for assistance. They can recommend some actions you can take. It might be possible to file a guardianship action in probate court where she lives, but that could be complicated.
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Q: my cousin filed motion for full custody & i signed affidavit from her attorneys office who has custody before 1st hearig

1 Answer | Asked in Child Custody for Ohio on
Answered on Oct 9, 2017

If the police advised you to speak with an attorney, then use the Find a Lawyer tab and consult a local attorney to review the situation and advise you.
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Q: I want full custody of my son but I have two felonies. Is it still possible? My ex has had CPS cases in the past.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Oct 9, 2017

Use the Find a Lawyer tab and consult a local attorney where your ex and son live, who can review all the facts of the situation and advise you.
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