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My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Aug 4, 2023
Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you... View More
My son is 4, his dad & I are not & never have been married. I had an accident in October so he’s had him but every time we make a date for me to get him back he doesn’t answer or tells me to come with the police because he is not giving him to me. What can I do ?
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Aug 1, 2023
Call the police yourself and go pick up your son. If no court has granted parental rights to the father, then he has no legal right to keep him. But he could go to court and seek parental rights. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
and bank account and left her the items in the home. The will states if I am married She gets the house and bank account. I am not married NEVER have been. She is his 6th wife he never put her on any bank account, credit card, or deed to house. They were married only 9 years. She has lied and told... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jul 31, 2023
The will must be filed with the probate court to initiate his probate estate. The will and other documents filed with the court are public records that can be searched on-line. No one can prevent you from filing objections or motions with the probate court. Use the Find a Lawyer tab to retain a... View More
We did get it notarized and the tax bill also states we’re the owner
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jul 24, 2023
That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More
We were not married when our child was born. Paternity was established 2yrs after birth, but nothing has been filed with the court regarding father's visitation/custody (we have a regular visitation schedule established, and he pays daycare bill, but none of this is filed with the court). Can... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jul 7, 2023
If there are no court orders, then you can move. But Ohio courts would retain jurisdiction until you establish residency in the new state, which could take several months, depending on that state's laws. Until then, the father could file for parental rights and custody here in Ohio, and the... View More
We do not own the home and husband refuse to get help/rehab.
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 20, 2023
You can ask, but he doesn't have to unless a court orders him to leave. If you file for separation or divorce, you can ask the court to order him out and give you exclusive occupancy of the marital residence, even if you are renting. If he makes any threats, contact the police and file for a... View More
I have signed a contract to sell the house I live in. We signed another contact to buy a house. The latter, the house we’re supposed to move into, has significant water damage and we no longer wish to purchase it. How can we keep our current house, so that we are not homeless?
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 20, 2023
If you or your buyer have a real estate agent, talk to the agent to try to get it worked out. If you refuse to sell, that is a breach of the contract, and you must return the earnest money. The buyer might then sue you to enforce the sale and for any expenses they incur because you refused to... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 13, 2023
The executor or administrator must consider whether there are other claims to pay, sufficient funds to pay any taxes, expenses and fees of administration, etc. Recipients usually are eager for distributions, but the executor or administrator should consult with the attorney for the estate, or use... View More
House is worth $285000. When we married I owed $30000 on it.
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 8, 2023
A house is marital property, and spouse could be entitled to half of the increase in equity that happened during the marriage. The division of assets and debts gets worked out in a divorce, and it depends on many factors. Use the Find a Lawyer tab to retain a local divorce attorney who can look... View More
would my rights to my leach field be compromised
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 8, 2023
There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the... View More
I have my dad staying in my house (me and my husband own the house) and my dad doesn’t pay rent or bills and I want him to move out but he has mail that is coming to my house without my permission. Can I still make him leave ?
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Jun 7, 2023
He is considered a tenant. You will have to file an eviction against him, and that process will take several weeks. Since it is likely to cause tension in the home, use the Find a Lawyer tab to retain a local attorney who handles evictions so the process is done properly. Otherwise, if not done... View More
I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on May 24, 2023
If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that... View More
Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on May 19, 2023
Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... View More
Left numerous voicemails and finally a call went through and the attorney answered and took my name and phone number and said they would get back to me. It has been 3 months since I have received the notice of inventory and appraisal of the estate with no further contact from the attorney or the... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on May 18, 2023
The case documents are available to the public on-line. So anyone can log in to see them and see what the progress is. The probate process can move slowly. The attorney for the estate represents the estate and works with the executor, and is not necessarily obligated to keep anyone else informed... View More
Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Apr 27, 2023
If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the... View More
Would a lawyer take a client if they can not pay up front as they do not have access to marital funds?
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Apr 26, 2023
If someone files for divorce, they can ask the court to order their spouse pay their attorney fees if that other spouse controls all the marital funds. They can also ask the court to order their spouse to pay temporary spousal support. Use the Find a Lawyer tab to talk to some local divorce... View More
Is there help with those that can not afford to pay and if so can you lea me in the right direction. I also am not sure which forms fit my family make-up.
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Apr 26, 2023
The forms can be confusing. Some counties have a legal clinic with volunteers to assist those without a lawyer, and some law schools also provide such assistance. Check with your local county domestic relations court if they know of such assistance that is available, or contact some local law... View More
LLC bought duplex , raises rent 200 then, when I ask for new lease I got a text that said, to difficult to fix issues while you live there so , 2 months notice to leave so the can fix apartment for the LLC son to move in? they have already moved their nephew in upstairs. I do not want to move. They... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Apr 10, 2023
It makes no difference if landlord is an LLC. If you do not have a written lease for a specified lease term, then landlord can terminate your tenancy by giving 30 days written notice. Landlord is giving you 2 months. If you don't leave, then landlord can file an eviction, which is a... View More
It is my intention to move within the next 6 months but my lease renews for a year on the 1st of May. Can I advise landlord in writing that I do not wish to renew a year lease and would prefer to move to a month-to-month basis while I am looking for a new residence. It is possible that I may move... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Mar 31, 2023
You can ask, but the landlord does not have to agree to month to month. If it renews automatically for another year, then you might not be able to break it if you have to move. You might ask landlord to include an early termination in which you would pay some extra amount to terminate, but... View More
I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... View More
![Joseph Jaap Joseph Jaap](http://justatic.com/profile-images/1514168-1460060585-sl.jpg)
answered on Mar 31, 2023
Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... View More
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