Questions Answered by Joseph Jaap

Q: My brother has the deed to my parents home in his name. Is my parents will on how to split the home with kids even valid

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
If your parents already deeded the home to your brother, and that deed is valid, then he already owns it, and it is no longer under the will of either parent. But if your parents were not of sound mind when they signed the deed, or when they signed their wills, or if the brother exerted undue influence or coerced them into signing the deed or their wills, then that deed or the wills could be invalid. Talk to your father and ask him for copies of the documents. Use the Find a Lawyer tab to...
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Q: Can my ex be taken to court for not helping with insurance premiums for the kids?

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
It depends on what your parenting agreement says and all the current financial circumstances. There are many factors to consider. If financial circumstances have changes, the court could adjust the amount of support. Contact the attorney who handled your divorce, or use the Find a Lawyer tab to consult a local family law attorney.
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Q: The lease effective on May 26 2018, I never move in yet, can I sue landlord to get money back from a small claim court ?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord breached the lease and refused to allow you to move in. You could sue in small claims court if you have some legal basis for termination. Use the Find a Lawyer tab to consult a local attorney who can...
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Q: Hi, is a joint lease valid if only one individual has signed and the second individual has not signed yet ?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
An attorney would have to review the full lease. If the landlord has not signed, then it would not yet be valid. You can try discussing changes with landlord to revise the lease or re-negotiate it. Use the Find a Lawyer tab to consult a local real estate attorney.
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Q: If a horse was given to a man, with "give back if cant keep" contract, and he sells right away, is that theft?

1 Answer | Asked in Contracts for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
Could sue in small claims court up to $6000 for the value of the missing horse. Check the local court web site for the forms.
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Q: After being asked by the landlord to clear the basement, my crew inadvertently threw away $2k of a tenants belongings.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
Landlord would have to sue you in small claims court, and the court would decide if you were negligent, or if landlord was unclear in what was to be done.
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Q: OH probate: I am claimant in case that is 6 years old, no executor contact. Is executor ever forced to get on with case?

1 Answer | Asked in Probate for Ohio on
Answered on Apr 20, 2018
Joseph Jaap's answer
The probate court requires the executor to take actions by various deadlines. If it has been that long, the case might have been closed without notice to you. Check the court's web site to review the docket to determined the status of the case, or retain a local probate attorney to assist you.
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Q: My daughter has a (just signed) parenting plan with her 11 month old infants dad, she wants to move out of state

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 20, 2018
Joseph Jaap's answer
If they are currently in court, and have been for nearly a year, then her chances of a favorable outcome will be better if she retains a family law attorney to review all the facts and represent her in court. Depending on the nature of the pending court action, she likely would have to advise the court of an intended move, and the court would hold a hearing which child's father would be likely to oppose. She should use the Find a Lawyer tab to retain a local family law attorney to discuss...
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Q: I gave ex fiancé a gift letter for $15,000 (to fiancé) for down payment on a house in NM. We split. Any legal recourse?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Apr 20, 2018
Joseph Jaap's answer
If it was an unconditional gift, then any recovery is unlikely. But it would require a full review of the letter, any other communications, and all the facts and circumstances by which the payment was made, any assumptions, etc. Use the Find a Lawyer tab to retain a local litigation attorney to review all that, to determine if there is anything that might give you a claim. Even if a claim might be a long-shot, filing a lawsuit might prompt her to consider a settlement.
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Q: Ive been emotionally abused all my life tried killing myself twie im 17 and im stuck with my mom can i get emancipated

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Ohio on
Answered on Apr 20, 2018
Joseph Jaap's answer
Ohio does not emancipate in most circumstances. Here is more information:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-255.aspx

Confide in a teacher, school counselor, other family member, or other trusted adult for support. At age 18 you will no longer be a minor and can make your own decisions. If you are 17, that is less than a year.
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Q: Have an 8mth old in ohio father moved to another state (ga) can he take her if we go to visit him?

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 19, 2018
Joseph Jaap's answer
Since you have these worries, it would be unwise to visit him in GA. If a mother is unmarried, the mother has full legal custody until the father establishes paternity and he obtains parental rights granted by the court. Until then, the mother makes all decisions about the baby. The state in which you are currently living would have jurisdiction to resolve custody issues, but if you and your baby go to GA, and then he won't let the baby go back with you, then he could get GA courts involved,...
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Q: My Mother has passed. Sister was excutor of her will. All went to Step father. He has dementia. She bought a $180,000

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 19, 2018
Joseph Jaap's answer
If you have questions about distributions and handling of the estate, then of course you should consult an attorney. Use the Find a Lawyer tab to retain a local estate planning attorney.
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Q: Is it the judges discretion on a wife getting a % of husband's public retirement? Marriage was in 2010. Divorce 2018.

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 18, 2018
Joseph Jaap's answer
It is up to the judge's discretion, depending on all the circumstances. In this instance, the court would look at how long the husband had been paying into retirement before getting married, along with the total financial picture. Use the Find a Lawyer tab and retain a local family law attorney for representation.
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Q: If i file for child support will the father be given visitation rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Answered on Apr 18, 2018
Joseph Jaap's answer
He would have to establish paternity then file in court seeking parental rights, visitation or custody. That is a separate proceeding from child support. If you are not married to him, and a court has not granted him any parental rights, then he doesn't have any, until he goes to court and asks for them. If he does that, then the court would determine how long an absence would be too long. Use the Find a Lawyer tab to retain a local family law attorney to review the facts and advise you.
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Q: Hi. My husband and I just separated. When is a good time to file for divorce and how much is it?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
If there is a chance you might get back together, you could wait. Or go to counseling. If there are children, it might be better to file sooner and ask for temporary support and use of the marital home. These are all issues you should discuss with your attorney, along with fees. If you and spouse agree on everything, you can proceed as a dissolution at lower cost. Filing fees are typically about $300 to $400, and attorney fees can vary, depending on how complicated you and your spouse make...
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Q: How to get a oil well company fix my parents driveway?

2 Answers | Asked in Energy, Oil and Gas and Land Use & Zoning for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
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Q: Dear Lawyer, I want to know whether the audio records can be evidence in the court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Yes they can -- if properly authenticated and properly introduced as evidence, and if the court accepts them, and there is no objection from the opposing party.
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Q: My sons mother awarded custody back in February but she moved out of stated, left him w/her best friend whats my rights?

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
You must go to court to establish paternity and parental rights. Use the Find a Lawyer tab to retain a local family law attorney.
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Q: What are the consequences and next steps if I don't sign judgement paper?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
The divorce might proceed without you. A divorce will happen even if only one spouse wants it and the other does not. Use the Find a Lawyer tab to retain a local family law attorney to review all the divorce documents and advise you.
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Q: Living separated from my husband for two years I met someone else is it illegal in the state of Ohio to move in him

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
It is not illegal. And living separate for more than one year is grounds for divorce in Ohio. Use the Find a Lawyer tab to retain a local family law attorney to assist you in filing for divorce.
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