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Questions Answered by Joseph Jaap
1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Family Law for Ohio on
Q: If i am 18 and a senior and highschool, can I still move out?
Joseph Jaap
Joseph Jaap
answered on Dec 7, 2022

Unless there is a court order requiring continued parental support, when a child reaches age 18, the parents no longer have a legal responsibility to provide financial support, including room and board, health insurance, car insurance, etc. So the 18 year old can decide whether to obtain those.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I am graduating high school and entering college at 16. How can I emancipate myself?

Our family resides in Ohio. I plan to go to college in Pennsylvania. I do not believe my parents will give consent for emancipation. I am currently working on opening a bank account and securing a part-time job, and I eventually would like to obtain a debit card. I'm not sure if this would... View More

Joseph Jaap
Joseph Jaap
answered on Dec 1, 2022

Parents are legally responsible and make the decisions until a child turns 18. Ohio does not allow a minor to seek emancipation. 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

1 Answer | Asked in Construction Law for Ohio on
Q: Can I pay the contractor only what’s owed according to work done? Contractor demanding money for work not done.

I have a scope of work from my homeowners insurance. There are things that the contractor did not do. I have highlighted and given the detailed scope to him and he’s stating I owe more than what was done. There was also damage to property that he’s claiming we did/manipulated in order to cause... View More

Joseph Jaap
Joseph Jaap
answered on Dec 1, 2022

If you don't pay, the contractor could sue you, or instead, choose to record a mechanic's lien against your home. The lien automatically expires after 6 years if no action is taken on it. Try to work it out with your insurance and the contractor, but if contractor files a lien or... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Ohio on
Q: I live in Ohio my property manager is trying to make me pay utilities that my lease says are covered by the landlord.

Is she allowed to do that when my lease clearly states “this is a utility y by the landlord”. My lease isn’t up until 4/30/23. Shes saying that there is new management and that she gave us a 30 day notice so we have to pay. Is this correct? I thought my lease was a binding agreement that... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

Some property managers act improperly. They sometimes demand that tenants make a payment not required by the lease. If you don't pay it, she could file to evict you. You could then take your lease to court, and if your lease does not require you to pay it, the judge could dismiss the... View More

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: to contest a will does it need to be probated first?

will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my abusive boyfriend evict me due to breaking up. He has harrassed me and followed me into the bathroom
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.

1 Answer | Asked in Child Custody for Ohio on
Q: Mother of my child hasn’t picked up my child yet it’s late at night no court paperwork child lives with mom full time
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you are not married to the mother, and there is no court paperwork, then the mother has full custody. If the child is staying with you without any court-approved agreement, then that is a risk for you. Use the Find a Lawyer tab to retain a local family law attorney to work out a custody... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

A parent or guardian has responsibility until a child reaches 18. 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... View More

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sibling is 18 and pregnant, she has asked me to adopt the baby, what are the next steps.

We have talked and she knows that she’s not in the right place in life to raise a child and she’s asked me to adopt, just trying to figure out how to go about it.

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Adoption is done in probate court in your county. Check the court's web site for the adoption process, and use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... View More

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

1 Answer | Asked in Divorce for Ohio on
Q: So my wife's mom is getting divorced they have been married since 2019 but they are getting divorced on mutual agreement

They don't have children together she has 2 13 year old boys and the husband has 1 14 year old girl and they do have shared Bank accounts

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

If both spouses agree on everything, they can proceed as a dissolution which is simpler, quicker, and cheaper. But each spouse still needs their own separate attorney. She can use the Find a Lawyer tab to retain a local family law attorney to answer questions and prepare documents for the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... View More

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... View More

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: When I turn 18, do the things that are “mine” become my property even if I didn’t buy them?

Most of the things were gifted to me and some were purchased myself. The things I want to take are used by me alone and probably so. Can I legally take them when I leave home. And what about my car if it is under my dads name but I’m the only one now that drives it?

Joseph Jaap
Joseph Jaap
answered on Nov 7, 2022

A vehicle belongs to the person named on the vehicle title. That owner would have to agree to change the title, or could demand the return of the vehicle. Gifts are gifts, and belong to the recipient. Although if ownership is disputed, there could be a lawsuit, and a judge would have to decide... View More

2 Answers | Asked in Family Law and Landlord - Tenant for Ohio on
Q: How do I evict my 18 year old child

He doesn't go to school or pay bills.

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2022

You give notice to terminate his tenancy, and if he doesn't leave, you proceed with an eviction. Use the Find a Lawyer tab to retain a local attorney to do the eviction.

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1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... View More

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.

Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners...
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