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Questions Answered by Joseph Jaap
1 Answer | Asked in Real Estate Law for Ohio on
Q: I have questions about living estates

My home is part of a living estate and I'm being threatened with eviction if my wife dies before me. The house was deeded to my wife, but it's to go to her living children on her demise. 2 of her living children are from a previous marriage and 1 child is my biological son, who lives with... View More

Joseph Jaap
Joseph Jaap
answered on Mar 28, 2022

Use the Find a Lawyer tab to retain a local estate planning attorney that can review your and your wife's financial situation, the deed for the house and other documents, and then advise estate planning alternatives that can address the situation, such as wills, powers of attorney, living... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... View More

Joseph Jaap
Joseph Jaap
answered on Mar 28, 2022

Using the app can be helpful. Try to work it out. Or check if your decree requires mediation of any issues before you can file in court. If not resolved, then file with the court for a determination of which time zone applies.

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2 Answers | Asked in Criminal Law, Education Law, Internet Law and Juvenile Law for Ohio on
Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?

I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way.... View More

Joseph Jaap
Joseph Jaap
answered on Mar 24, 2022

Use the Find a Lawyer tab and retain a local criminal defense attorney. The attorney will need time to gather evidence and prepare your defense, so do not delay if the court date is soon.

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1 Answer | Asked in Contracts for Ohio on
Q: What is the proper method to perfect a security interest attached to a ucc-1 filing?
Joseph Jaap
Joseph Jaap
answered on Mar 23, 2022

Where it must be filed, depends on the type of security interest. Use the Find a Lawyer tab to retain a local business attorney who handles UCC filings. If not filed properly, it will not be effective.

1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on
Q: How can I get some one on one advice on the forms I need to go about getting a divorce and the reasons?

My husband is being non cooperative, he controls all the money, basically lives in another state comes home for 3 days out of a month! Leaves all the responsibilities of our 3 children on me, doesn’t spend any time with them or me, I ask that we sit down and discuss the matter of separating or... View More

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2022

If he won't cooperate, then you will have to get an attorney and do the divorce yourself. Use the Find a Lawyer tab to talk to some local family law attorneys and then hire one to represent you through the divorce process and to answer questions about custody, child support, spousal support,... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My former landlord was in foreclosure and did not tell me have already auctioned. New landlords are trying to force me o

The new owners have turn my gas and electric off dismantle doors and locks and have filed eviction against me without any communication of how much the rent is or any expectations

Joseph Jaap
Joseph Jaap
answered on Mar 21, 2022

The new owners must honor the terms of any written lease you had with the old owner. If you don't have one, or it expired, then you are a month to month tenant, and the new owners can give you 30 days written notice to leave and then file to evict you. They should not be turning off power or... View More

1 Answer | Asked in Contracts for Ohio on
Q: I recently sold an apartment building in which several tenants were behind in rent at the closing.

We prorated the collected rents at the closing. The buyer is now claiming I (the seller) have no rights to any portion of the uncollected rents, and he is now actively attempting to collect the entire delinquent rents from the tenants with no intent of remitting me my share. Furthermore he is... View More

Joseph Jaap
Joseph Jaap
answered on Mar 18, 2022

It would depend on how the property was titled -- in your name, or in the name of a company, and if that company was sold or not. Talk to the attorney who represented you in the sale. If there was no attorney, then these problems can be difficult to resolve without getting an attorney now. Use... View More

1 Answer | Asked in Family Law for Ohio on
Q: Am I legal married if the person that performed the ceremony was ordained online but did not register with the state?

A friend of ours performed the ceremony he got ordained online but just recently told me that he was not registered with the state at the time. He didn't register until 2 years later. I am trying to get a divorce and with this new information I was wondering if I could or should file for an... View More

Joseph Jaap
Joseph Jaap
answered on Mar 16, 2022

If you were legally separated by a court, which approved a separation agreement, then a court is already involved and assumed you were validly married, which you would have stated in the forms filed with the court. But if those facts were never disclosed to the court, then decide if being married... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Hi, so the mother of my child is going to prison. She’s 3 months pregnant and will be giving birth in prison.

I understand I have to establish paternity, but what else do I have to do

Joseph Jaap
Joseph Jaap
answered on Mar 16, 2022

Establish paternity and file for custody. Her family members might also file for custody. Use the Find a Lawyer tab to retain a local family law attorney to answer your questions and represent you in the process.

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Do I have a lawsuit if other employees at my job are harassing, intimidating, and bullying me with no consequences

There was a employee group chat started that included every employee except for me, where I was the topic of conversation and only negative things that were very defaming were said by two of my employees and even my general manager chimed in. When I brought this to my district managers attention... View More

Joseph Jaap
Joseph Jaap
answered on Mar 9, 2022

That's probably something you should first discuss with the company HR department. If you are being harassed, then you might have a claim against the company if it fails to act. So in that case, use the Find a Lawyer tab to talk to a local employment law attorney.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: Do I have to pay an old lien on my ex's house?

He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... View More

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2022

In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... View More

2 Answers | Asked in Family Law for Ohio on
Q: How do I get a family law attorney in morrow county who will accept retainer fee payments?

I am supposed to have my answer to divorce with children in to the courts by 3/11/22 and still can't find a lawyer.

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2022

Check in Mansfield, Delaware, Columbus or Franklin Co. Bar Assn., or use the Find a Lawyer tab.

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2 Answers | Asked in Probate for Ohio on
Q: Do I have any rights to my deceased grandmother's condo? My uncle is trying to sell it while I'm living in it.

I have been living with my grandmother for the last year as her caregiver. Her will left everything to one of my two uncles, but he doesn't want anything because he receives social security and doesn't want to jeopardize it. My uncle who is trying to kick me out and sell the condo... View More

Joseph Jaap
Joseph Jaap
answered on Mar 4, 2022

You only have rights as a month-to-month tenant. Your occupancy can be terminated by giving you 30 days notice of termination. If you don't leave, you could be evicted. Perhaps talk to the uncle who owns the condo about you buying it from him.

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1 Answer | Asked in Communications Law and Land Use & Zoning for Ohio on
Q: Do I have the right to remove an advertising sign placed on my property, also on the public right-of-way (Ohio)?

I live in Defiance county, in a township outside of the city limits. A business placed a sign near the road, but still on my property, advertising their services in an attempt to get customers. I don't want my property used for advertising, but do I personally have a right to remove and... View More

Joseph Jaap
Joseph Jaap
answered on Mar 3, 2022

Contact the business and tell them to remove the sign. If they don't, use the Find a Lawyer tab to retain a local attorney to review the situation and contact them on your behalf, or advise you of your options.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My husband died and left a small property without my name on it. How do I get this fixed without a lawyer?

I have the property under a lease agreement. I need to add my name to the deed.

Joseph Jaap
Joseph Jaap
answered on Mar 2, 2022

You will need a lawyer. Use the Find a Lawyer tab to retain a local attorney, possibly to file probate, but definitely to transfer the property or get your name on the deed.

1 Answer | Asked in Family Law for Ohio on
Q: My ex wife took my kids and ran away to California. I currently live in Ohio and I need to know how to proceed?
Joseph Jaap
Joseph Jaap
answered on Feb 28, 2022

If she is in violation of a court's custody order, file in court for contempt. Use the Find a Lawyer tab to retain a local OH family law attorney, and you might also need one in CA where she now is living.

1 Answer | Asked in Divorce for Ohio on
Q: I'm in need of a divorce. My husband lives in another state. what do I do

We have children but not together.

Joseph Jaap
Joseph Jaap
answered on Feb 28, 2022

You can file a divorce in your OH county of residence if you have lived there 3 months and in OH 6 months. It does not matter if your husband lives out of state. If he will agree to everything, you can proceed as a dissolution, but he would have to come back for the hearing. If not, then you can... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My husband moved out a year ago from our home in Ohio, he has now moved to Florida, he left alot of stuff here

What can I do with his stuff he left, he refuses to help with marital assets because he sends all his money overseas to a girl in the phillipines

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2022

Any money he sent overseas might be identified, and he could be required to include it in the division of marital assets. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts of the situation and advise you of your options.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: House in my name only, but my mom asked me to split the sale proceeds with my sisters.

My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... View More

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2022

That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: is my landlord responsible for his tenants harassing and threatening me in our duplex?

they have caused triggering with my ptsd i have and anxiety, threatened my children, me, constantly screaming at me and my children, being loud late at night, banging on the walls, traffic in and out of the backyard with their drug dealing.

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2022

Bad tenants as neighbors are very stressful, and bad landlords won't help. If you can find another place to move, then you could notify landlord that the conditions are so bad that it amounts to a "constructive eviction" and use that as a basis to terminate your lease and leave.... View More

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