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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law for Ohio on
Q: Father passed away, girlfriend suing me for his medical bills she paid. I never agreed to pay for them. Can she do this?

He did not have a will, nothing went through probate due to all of his property being at her house and not having access to it. Not sure what is left or what the value is.. She said she is also suing his estate, but also me personally. I never agreed to pay her anything for his personal or medical... View More

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2022

Even if she does not have a valid claim against you, since she has named you in a lawsuit, you must respond properly to avoid her getting a default judgment against you in court. There is a time limit to respond, so use the Find a Lawyer tab to retain a local attorney to review the lawsuit and the... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is there a statute of limitations if a seller misrepresents aspects of the property to the appraiser or realtor?

When we bought our condo, we were told it came with a parking spot. We're trying to sell our condo and are being told that our parking spot is "common area" for the building and we can't sell our condo with the parking spot. We wouldn't have bought the condo without a... View More

Joseph Jaap
Joseph Jaap
answered on Feb 17, 2022

That's a tough situation. Verbal comments would be difficult to prove, and it would depend on exactly what the seller posted when advertising it - whether it could be considered fraud. And purchase contracts typically say that information provided is not verified accurate. The condo... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have an issue with my landlord. Theres problems with the house that can cause health problems but she refuses to fix

She came into the house with 2 other people without giving us a 24hr notice like it says in the lease agreement. I have that on camera as well. She shut the gas and I have my 8 year old daughter that's here with me. She had the water shut off also. If you look up the owner of this house it... View More

Joseph Jaap
Joseph Jaap
answered on Feb 16, 2022

Call the Health Dept. They will come and inspect -- and with no water or gas, they will probably order you out, and tell the landlord to fix the problems. Then you can sue the landlord for the cost of alternate living accommodations. Use the Find a Lawyer tab to retain a local real estate... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am selling my two-family home. Can I limit how much the buyer can charge in rent for my current tenants?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2022

Before selling, the owner can draft a lease with the tenants that specifies the rent and the allowable rent increases. The lease could have auto-renewal at tenant's choice. If a lease could last longer than 3 years, the signatures of landlord and tenant must be notarized for the lease to be... View More

1 Answer | Asked in Divorce for Ohio on
Q: Getting a divorce after 29 years, the home we lived in together is not in my name do I have any rights to the home

Is 401k an asset that has to be split

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2022

Since you are married, you have rights in the marital home even if your name is not on the deed. You can also make a claim for spousal support. A lawyer can explain all your rights in a divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Child Support for Ohio on
Q: Brown County, OH. Dissolution and child support.

We're trying to do this without a lawyer. We agreed on everything already, will be splitting time with children equally. She doesn't want child support so do we have to fill out the paperwork for child support in the shared parenting plan section?

Joseph Jaap
Joseph Jaap
answered on Feb 14, 2022

The court requires all the forms to be completed and submitted. You are making a mistake if you do it without an attorney. Yes, there are some legal fees involved, perhaps a few hundred if you both agree on everything, but if you make a mistake in what you are doing, it could be much more... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I take my ex-boyfriend's name off of the mortgage and the deed to our house?

I live in Ohio. He has agreed to let me keep the house, however we don't know what steps we need to take. We are 50/50 ownership currently with about 7 years left on the mortgage.

Joseph Jaap
Joseph Jaap
answered on Feb 14, 2022

You can't take his name off the mortgage or the deed by your action alone. He can take transfer his rights in the property to you by signing a quit claim deed to you. The mortgage company won't take his name off the loan. You'll have to get a new loan. So, after he transfers the... View More

1 Answer | Asked in Family Law for Ohio on
Q: Should I get a paternity test?

I was with this woman for awhile and she was married she ended up pregnant and told me that is was mine. She then proceeded to tell me that she had a miscarriage. I found out recently that she is still pregnant and with her husband what do I do?

Joseph Jaap
Joseph Jaap
answered on Feb 11, 2022

The husband is legally deemed to be the father and has a legal duty to support the child. If a paternity test shows you to be the father, then you will be paying child support at least until the child is 18. You could get visiting time with the child, maybe a couple times a week, but not enough... View More

2 Answers | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Can my stepmom make me POA for my dad?

They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... View More

Joseph Jaap
Joseph Jaap
answered on Feb 11, 2022

Your stepmother should talk to her attorney about options. And family member might have to file for guardianship to be able to make medical and financial decisions for his continued support. Check your local probate court for information about guardianship, and use the Find a Lawyer tab to retain... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: Would my sister be allowed to put a camera in her own bed room?

My mother and step dad have been going into her room and smashing her things she is 19 but she is mentally disabled no one in the family is well off enough to take her would she be allowed to record her room to be able to see what he does to her things when she's gone as proof of vandalism?

Joseph Jaap
Joseph Jaap
answered on Feb 10, 2022

There is no law against putting in a camera. But parents could remove it. Any mental or physical abuse should be reported. A family member could apply to become her legal guardian and then apply for available benefits to find her another living arrangement.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: On a rental lease when the "tenant" wants to remove allowed house members from the document, how to?

My tenant was dating someone who was listed as a house occupant on the lease along with her sister. Now he wants a clean lease with only his name and no guests. The lease has 5 months before it ends.

Joseph Jaap
Joseph Jaap
answered on Feb 10, 2022

The person listed as a tenant and the landlord must both sign an early lease termination and release to end that person's tenancy and prevent either of them from making any claims. Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: I’m 18 in high school living in Ohio full time 30k a year job can I legally move out to my own place?
Joseph Jaap
Joseph Jaap
answered on Feb 10, 2022

An 18 year old is no longer a minor and is legally considered an adult, and can enter into contracts, leases, etc. But a landlord might not want to rent if a tenant doesn't have a credit history showing good credit.

1 Answer | Asked in Family Law for Ohio on
Q: What would happen if a mother has no choice but to leave children with father even if he refuses so she can go to work

We have a schedule of every other weekend. We agreed on 50/50 shared parenting and had a schedule but he changed his mind. We have never been to court yet for the parenting plan. What legal consequences could a mother face if she leaves her kids with their father so she can (go to work , school )... View More

Joseph Jaap
Joseph Jaap
answered on Feb 9, 2022

The legal system cannot make a bad parent into a good parent. Use the Find a Lawyer tab to retain a local family law attorney who can review all the circumstances and advise you of your options. What might be best for you and the children, depends on all your specific facts, and that is too... View More

1 Answer | Asked in Business Law for Ohio on
Q: My business partner passed away and we have no partner agreement. We are an S Corp how do I move forward?

Not sure what needs done to continue on with the business as myself as sole owner. My partner is my sister.

Joseph Jaap
Joseph Jaap
answered on Feb 9, 2022

The executor or administrator of the estate of your deceased partner will have to list the partnership interest as an asset of the decedent's estate and distribute it according to the decedent's will, or if no will, then as provided by Ohio law for those without a will. Use the Find a... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is there a "precedent" set by the city after many years of providing a service?

We live in a small development in Ohio on a "private street". The city has been plowing the street for snow for 25 years and has now informed our HOA that they will no longer provide that service as we are a "private" street. Do we have any legal recourse?

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2022

If it is a private street, then the city has no legal responsibility to perform any services on it. You'll be lucky if the city doesn't send your HOA a bill for past services, now that it has discovered its mistake. The HOA can use the Find a Lawyer tab to retain a local attorney to... View More

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Why do I have to go to court over an unexcused absence?

I went to court for truancy last school year. We agreed that I would not exceed the school policy in absences or tardies. My child has had 1 absence this semester for a doctor's appointment that I have a note for he just didn't turn it in. So now it's un-excused. The school is now... View More

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2022

you can either work it out with the school to get the court action dismissed, or attend the court proceeding and explain what happened. If you are nervous going to court, use the Find a Lawyer tab to retain a local attorney to represent you.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... View More

Joseph Jaap
Joseph Jaap
answered on Feb 1, 2022

A judge makes custody decisions in the best interest of the child, based on all the evidence properly presented in court. A judge can consider past problems, convictions, drug use, rehab, financial issues, work issues, living situation, etc., as well as current circumstances of both parents and... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord inspection during Covid

I am on hud and they do a yearly inspection and now my landlord also wants to do a inspection I have not left my house during this pandemic and have been safe from getting it I am high risk I video chat my dr and I only do grocery pick up is this allowed even tho I already get my home inspected by... View More

Joseph Jaap
Joseph Jaap
answered on Jan 31, 2022

Ohio law gives landlord a right to inspect a rental property by giving tenant reasonable notice, typically 24 hours. No changes have been made to that for Covid. Have HUD talk to the landlord to try to work it out, or ask landlord to accompany HUD during its inspection. You could arrange to... View More

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Was told by my city that there would be no variances for assisted living proposal next door. Now are asking for variance

Got promise in writing from city council. Now want a wetlands variance so they can put in “hard surfaces “

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2022

What a city "says" doesn't count for much. Any variance must go through a formal process, and if denied, the applicant can then appeal. If the development and its jobs and taxes are wanted, the variance could be granted, even if neighbors oppose it. Any "promises" given... View More

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I would like to get a divorce from my husband and full custody of our son but he has warrants

My husband does not support his son and hasn’t for almost 3 years now however he has warrants so I know he won’t show up to court

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2022

The court will determine custody based on all the facts and what is in the best interest of your son. Use the Find a Lawyer Tab to retain a local divorce attorney who can review all the facts, prepare the forms to file with the court, and represent you in the divorce process.

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