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Questions Answered by Joseph Jaap
1 Answer | Asked in Business Law for Ohio on
Q: I have decided to discontinue my business. If I end my LLC, would it prevent a future lawsuit against me personally?

This is a 16 year business with a formed LLC. I would like to continue my LLC in a completely different type of business, but not if it leaves me open to future lawsuits pertaining to the business that I'm ending. Would it benefit me to end my current LLC and form a new LLC for my new venture?

Joseph Jaap
Joseph Jaap
answered on Jan 26, 2022

It depends on many factors, the nature of business, the type of business liability insurance, etc. Use the Find a Lawyer tab to retain a local business attorney who can review all the facts and circumstances and advise you of your options.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I get a dissolution with a child in Ohio without being legally separated?
Joseph Jaap
Joseph Jaap
answered on Jan 26, 2022

Yes, there is not need for a legal separation first. But a dissolution requires both spouses to agree on all issues of custody, child support, division of marital property, and spousal support/alimony. If they cannot agree, then they must proceed as a divorce.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I move out the day before my 18th birthday
Joseph Jaap
Joseph Jaap
answered on Jan 25, 2022

If you are still in school, talk to a teacher, school counselor, or other trusted adult if you are unable to talk to your parents about your plans. When you turn 18, you are considered an adult. If you leave a day early, it is unlikely any action would be taken. But be sure to have medical... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Noisy Community

I live at a 2 bedroom apartment on the first floor next to the building entrance and the stairs. The main bedroom is next to the apartment entrance and we don’t sleep in it because we simply can’t! Noisy neighbors running on the stairs and slamming doors. In addition to the upstairs neighbor... View More

Joseph Jaap
Joseph Jaap
answered on Jan 24, 2022

You can ask the landlord, but landlord doesn't have to agree. You could try paying rent into escrow. Check your local court web site for the rent escrow process.

1 Answer | Asked in Family Law for Ohio on
Q: How do I go about getting property from stepmom. My father passed away without having a will in ohio.

My grandfather left about 70 acres to his 4 sons with gas and oil rights. One being my father. So that's about 16.5 acres a piece. My father passed away in 2017. So its been a little while.

Joseph Jaap
Joseph Jaap
answered on Jan 21, 2022

An attorney will have to review the county real estate records to determine property ownership and then probate records to determine if your father's estate went through probate. Use the Find a Lawyer tab to retain a local real estate attorney to review the records and advise you.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... View More

Joseph Jaap
Joseph Jaap
answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... View More

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1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: Who determines if a person with Dementia is able to continue to make decisions such as POA choice?

I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... View More

Joseph Jaap
Joseph Jaap
answered on Jan 20, 2022

She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... View More

1 Answer | Asked in Divorce for Ohio on
Q: Does infidelity affect the outcome of the property split in a divorce?

I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.

Joseph Jaap
Joseph Jaap
answered on Jan 20, 2022

If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a... View More

1 Answer | Asked in Family Law for Ohio on
Q: My father recently deceased I bought a home from him that was given to me in my two brothers when the youngest tur 18 I

The the youngest is now 58 I should have never bought that house it should have been whipped or given to us from a divorce agreement between my father and my mother that was her thing my father is deceased but his spouse at the time of purchasing the house has inherited his home now and all of his... View More

Joseph Jaap
Joseph Jaap
answered on Jan 20, 2022

There are many factors to be considered in determining what you might be able to do, but it is too complicated to discuss on-line. Use the Find a Lawyer tab to retain a local probate attorney who can review the situation and all the facts with you, and then advise you of any rights that you have... View More

1 Answer | Asked in Probate for Ohio on
Q: Guardianship help. I am finalizing a final accounting for my ward that is deceased in Lake County. I need help.

For the final accounting, on one hand the court told me I cannot spend any more money once the ward has passed. On the other hand I was told to take my fees and get rid of all the money in her guardian account. I feel my hands are tied and I can’t figure out how to do this final accounting. There... View More

Joseph Jaap
Joseph Jaap
answered on Jan 18, 2022

The probate court must approve expenditures, fees, and the final accounting. A local probate attorney can help you finalize the estate. If not done properly, you could be held financially liable for any errors. Use the Find a Lawyer tab to retain a local probate attorney.

1 Answer | Asked in Child Support for Ohio on
Q: Hi I’m 14 years old and I have a lot going on at home I was wondering if I’m aloud to be emancipated with a parent’s

Consent in the state of ohio

Joseph Jaap
Joseph Jaap
answered on Jan 18, 2022

Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally through the act of the child's parents regarding terminating child... View More

2 Answers | Asked in Child Custody and Child Support for Ohio on
Q: What steps can I take without legal representation, my daughters mother wants to relocate out of the state of Ohio.

I had paternity test done, I am the father. We have not been to court at all to set child support or custody etc. our daughter is 4 years old. Cincinnati Ohio area

Joseph Jaap
Joseph Jaap
answered on Jan 18, 2022

Contact your local juvenile court and ask for the form you need to file for parental rights, or check the court's web site. But the court people can't offer much help -- they can't offer legal advice. So if you don't do it correctly, you are not likely to succeed. So to... View More

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1 Answer | Asked in Family Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How can I get someone to move out as quickly as possible?

They don't pay rent, they have no bills in their name. They do have msik that goes to that address in their name

Joseph Jaap
Joseph Jaap
answered on Jan 14, 2022

You must evict them. Check your local court for the process, or use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Trying to confirm the legitimacy of my fathers will. Upon his passing.

His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... View More

Joseph Jaap
Joseph Jaap
answered on Jan 13, 2022

You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: live with a roommate her boyfriend there 24/7 and is dangerous and careless landlord wont let me off lease what do i do?

He has a warrant out, has gotten her car shot up, hits her. i have a son and i dont feel comfortable living there anymore. I also have been paying all the utility bills which was not our agreement. I have expressed this to my landlord and he still will not let me off the lease what is my next... View More

Joseph Jaap
Joseph Jaap
answered on Jan 13, 2022

The boyfriend isn't the landlord's problem to solve. Talk to your roommate and tell her the boyfriend can't stay there. If the boyfriend makes threats, call the police, file a report, and seek a protection order that orders him to stay away. The lease obligates you to pay rent... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: I loand my nephew 20,000 dollars for him to start a business he blue the money and never payed me back

We went to the bank to deposit my 20000 check I signed a paperwork so I could deposit the check

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

You would have to sue your nephew for breaching the terms of any written agreement for the loan to him or to the business. If there was no written loan agreement, but it was only an oral understanding, it would be harder to prove. And even if the court issues a judgment for him to repay you, he... View More

1 Answer | Asked in Divorce for Ohio on
Q: I bought a motorcycle my boyfriend moved out and took it We are both on the title. I paid for it.
Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

Based on the vehicle title, you are equal co-owners unless you have a written agreement signed by him that says something different. You would have to sue him to get your half of the value of the motorcycle paid back. But he could claim that your payment for the motorcycle was a gift to him. Use... View More

1 Answer | Asked in Copyright and Communications Law for Ohio on
Q: My child was included in a broadcast on a news channel. Am I entitled to a copy of the broadcast?

Child is underage and I am the guardian/parent. Sent email requesting it and they claim they can't due to some copyright excuse. I've never heard of this from other requests I've made of other news outlets.

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

Whether they must give you a copy would depend on the terms of the agreement you made with them when you gave them permission to make a video using your child. They own the copyright in the video recording, but can only use it and broadcast it within the terms of your permission and agreement to... View More

1 Answer | Asked in Family Law for Ohio on
Q: I am the mother of two and the father I have been separated for 8 months now and the children have been living with me

Plus we are not married! I received court papers about full custody as of a few days ago. I went to the court house to establish visitation rights with him and now I’ve received papers from a lawyer requesting back round checks on a list of family and friends that do not live in the home with the... View More

Joseph Jaap
Joseph Jaap
answered on Jan 11, 2022

In determining parental rights for an unmarried father, the judge must consider all the facts and circumstances to determine what is in the best interest of the children. His attorney can request information about you that is relevant to that determination. Depending on how the judges divides... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: 72 grandmas heat went out at 12pm, landlord refused to look until tomorrow morning overnight temp is 19 any legal ground

My 72 year old grandmas heat went out at 12pm. The landlord said they won’t look at it till the morning. With temperatures falling to 19 and them refusing other accommodations is there legal action besides rent escrow?

Joseph Jaap
Joseph Jaap
answered on Jan 10, 2022

She could stay in a hotel and send the bill to landlord for reimbursement. If not paid, she could sue in small claims court. Court would decide if landlord is liable to pay it.

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