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Questions Answered by Joseph Jaap
2 Answers | Asked in Probate for Ohio on
Q: My grandmother passed and left her home to my mother and my uncle. My mother has passed as well. I would like to buy

I would like to buy the property from my uncle but need to know what to do to get my mother's name off of the deed or how to move forward

Joseph Jaap
Joseph Jaap
answered on Nov 5, 2024

You might be entitled to a share of your mother's inherited interest in the home. Use the Find a Lawyer tab to retain a local probate and estate planning attorney who can review the situation and advise you of your options. Many offer free consultations.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I get my dads car/ auto loan in my name if my father has no will or tod?

He doesn't have other assets besides the car and a home loan but his roommate is the sole owner of the home loan now. All I want is to payoff his car and get it in my name without taking on any other unknown debt or paying taxes? I can't afford anything but the car. Is there a easier way... View More

Joseph Jaap
Joseph Jaap
answered on Aug 28, 2024

The Probate Court requires all of the assets to be inventoried and properly distributed by the administrator of the estate. Use the Find a Lawyer tab to contact a local probate attorney. Many offer free consultations.

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I transfer a deed from my mother to myself? It was left to me
Joseph Jaap
Joseph Jaap
answered on May 9, 2024

It depends on exactly how she left it to you - by will, by joint ownership deed with survivorship, by Transfer on Death Affidavit, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you of the process to follow to make the transfer.

3 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Ohio on
Q: My father died in a car accident in August, disinherited my brother and I in his will..

He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More

Joseph Jaap
Joseph Jaap
answered on Mar 29, 2024

If you can't work it out with executor to get a delay, then make arrangements to move elsewhere or the sheriff can come on Monday with the executor's moving crew to remove all your belongings out to the curb.

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1 Answer | Asked in Construction Law for Ohio on
Q: What rights to we have if a roofing company agreed via email/text to a full refund if not completed by a certain date?

We signed 9/25/23 and we still have not had any work done. After having to harass them to take our calls, they agreed in an email and text messages to have the work completed by 12/8/23. Materials were delivered 12/7/23, but they did not show up. We wanted a refund but they refuse.

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2023

You could sue them for breach of contract - in small claims court if your refund claim is $6000 or less. If more, then sue in Municipal Court. Use the Find a Lawyer tab to consult a local litigation attorney.

1 Answer | Asked in Business Law for Ohio on
Q: A vendor owes my business over 3oK, how do I pursue this legally? We have a contract that has been breached.
Joseph Jaap
Joseph Jaap
answered on Nov 29, 2023

Use the Find an Lawyer tab to retain a local commercial litigation attorney to review the contract and the facts, send a demand letter to the vendor, and file a lawsuit if not resolved. If you prove the breach and obtain a judgment in court, then you can file a judgment lien against the vendor,... View More

3 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: I received a voicemail saying I was being sued and to call a number. They claim it's a CC. Statute ran out years ago.

I called them and they said it was $1500, but would be $5000 when it goes to court. Checked the courts and nothing was filed. Can they lie to me and threaten to sue me over a credit card that the statute of limitations ran out on years ago? Told them I don't even remember having the card, but... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

That's probably a scam. Use the Find a Lawyer tab to retain a local attorney and tell them to talk to the attorney.

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1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2023

To get it removed, you will have to file an eviction. But it isn't a normal eviction where you just put the belongings out on the street. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.

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2 Answers | Asked in Divorce for Ohio on
Q: Would it be easy to get a divorce from my husband since he has been in mexico since 2017 and doesnt plan on coming back?

We have 2 children together and he got deported Feb 23rd, 2017

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2023

Use the Find a Lawyer tab to consult with a local divorce attorney who can explain the divorce process to you and how long it will take and what it will cost.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: What happens if my Land Contract sellers get divorced?

I'm buying a property on Land Contract and the deed is in both the husband and wife's names. If they get divorced, will that have any impact on our agreement?

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2023

One or the other of them might end up as the sole owner after the divorce. So that might change who you make payments to, but your payments won't change because of the divorce, and the land contract remains in effect according to its written terms. Note that the land contract should have... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

2 Answers | Asked in Divorce and Probate for Ohio on
Q: What trumps what… deed or divorce decree?

My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps... View More

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2023

Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But... View More

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2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

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
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

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Husband filed a disillusion and is pushing me to sign it I told him I want spousal support

He redid the paperwork and said his lawyer said we come up with an amount not the judge

Joseph Jaap
Joseph Jaap
answered on Aug 3, 2023

You absolutely need your own lawyer to advise you. Once signed, the dissolution cannot be changed. Use the Find a Lawyer tab to retain a local domestic relations attorney to advise you ASAP.

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2 Answers | Asked in Divorce for Ohio on
Q: Is a spouse able to file to receive any payouts from an inheritance to the other?
Joseph Jaap
Joseph Jaap
answered on Aug 1, 2023

It depends on whether the inheritance has been received, and where the spouse deposited it, and whether it became marital property. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local divorce attorney who can review the circumstances of the inheritance and advise you.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How can I get my son back from his dad?

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
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.

1 Answer | Asked in Probate for Ohio on
Q: My father passed away and his wife has refused to show me the will. Her Attorney wont talk to me. He left me his house

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
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

1 Answer | Asked in Civil Litigation for Ohio on
Q: A shipping company called intercontinental usps is holding my package a hostage after paying fees, what should I do

A shipping company called intercontinental usps is holding my package hostage after paying fees and they are demanding more now even after I paid more. They are declining to give the package back at its original location and not giving my money back I paid and are forcing me to pay $500 more after... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2023

Sounds like a scam. Call the US Postal Inspection Service or report to local police.

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