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Questions Answered by Joseph Jaap
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I am wanting to legally sepe/divorce from my husband and we have minor children I would like support ordered for him to

I'm not able to afford and honestly don't even know where to start to get the process going

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2023

Terminating a marriage is a difficult decision to make, even more so with children. If you file for divorce, you could ask the court for temporary child support, temporary spousal support, and for your spouse to pay your attorney fees while the divorce is in process. Use the Find a Lawyer tab to... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What would happen if I was to contact my husbands divorce attorney with a offer bc my attorney won't listen to the offe?

We have been trying to get divorced for four months this is our fifth hearing I went to my attorney an told her I just want it to be over he can have everything as long as . An he can have 50/50 of our daughter an she won't take it to his attorney what could happen if I did?

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2023

Four months is not that long. Many divorce cases take up to a year. The court process moves slowly - at the judge's pace. Talk to your attorney first, and find out why she won't pass along that offer. Your attorney knows what is realistic and what is a fair outcome for you, and your... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Can i move out at 18 years old if I'm still a highschool student? I live in Ohio

I have horrible narcisstic parents and I want to move out as soon as I possibly can. I turn 18 in June, and it'll be my senior year. Can i move out when I turn 18 ?

Joseph Jaap
Joseph Jaap
answered on Mar 23, 2023

Unless there is a court-appointed guardian, a person who is 18 is legally considered an adult, and can live where they want, pay their own rent, food, taxes, car insurance, health insurance, etc.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Who is responsible for retention pond?

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Joseph Jaap
Joseph Jaap
answered on Mar 20, 2023

The HOA Declaration recorded in the county record controls the operation and obligations of the land that it covers. You will have to retain a local real estate attorney to review that document, any amendments, and subsequent HOA activities to answer those questions. This on-line service cannot... View More

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1 Answer | Asked in Probate for Ohio on
Q: my step father passed in Dec, my mother passed this week. She was sick and didn't probate or do anything with his will.

How do we proceed with her will and the estate.

His name is the only one on house and car and bills

Joseph Jaap
Joseph Jaap
answered on Mar 18, 2023

You'll need to probate your father's estate first, then your mother's estate. If he had no assets, then it might not be necessary to probate his estate. Use the Find a Lawyer tab to retain a local probate attorney to review it all with you, answer your questions, and advise what needs to be done.

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark a business name if a similar business exists already, but they did not trademark the name?

My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More

Joseph Jaap
Joseph Jaap
answered on Mar 17, 2023

As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If the Article of Incorporation for my HOA were canceled by the Secretary of State, who has the legal right to reinstate

those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?

Joseph Jaap
Joseph Jaap
answered on Mar 16, 2023

Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Joseph Jaap
Joseph Jaap
answered on Mar 8, 2023

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More

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1 Answer | Asked in Probate for Ohio on
Q: What do I need to have a will in summit County probated in Alabama?
Joseph Jaap
Joseph Jaap
answered on Mar 7, 2023

Use the Find a Lawyer tab to find probate attorneys in Summit Co., AL who can advise you on the AL probate process. Talk to a few and select one to work with.

2 Answers | Asked in Probate for Ohio on
Q: What happens when a surviving spouse dies and assets are found from deceased spouse.

Hello my mother was a surviving widow and has now passed away. She died with a will, and left everything to her surviving children. Financial assets have been discovered from my dad who died prior to my mom and without a will. He had other children from (previous marriage) and not all of us... View More

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2023

A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in a condo. We were recently charged a "cleaning fee" we didn't agree to pay. Is this legal?

We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can punitive damages be recovered on real estate taxes by prior owner not disclosed on closing document?

Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: If it is decided by our HOA members our unincorporate association needs to be an incorporated association, does it take

all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Our developer never created bylaw(code of regulations) with our Declaration of Restrictions for our HOA dating back to

2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... View More

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2023

The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio how does a named grantee of real property reject or disclaim the original gift of said property ab initio?

The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2023

If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does my HOA still exist? Our HOA never filed Notice of Existence with Ohio Secretary of State.

Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... View More

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2023

The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... View More

1 Answer | Asked in Probate for Ohio on
Q: I live in Ohio. Tryng to fill out probate papers for deceased brother in NYC. Can someone help/guide us on filling out?

No will was found. Need to transfer next of kin responsibilities from mother to sister. The mother is incapable to handling details and wants to pass on to daughter. We're trying to fill out forms ourselves but having difficulty understanding some of the procedures. We live in Medina, Ohio... View More

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2023

OH law is different from NY law. You'll need an attorney in NY if that is where your brother lived. Use the Find a Lawyer tab to retain a local NY probate attorney who can review all the information, fill out all the NY probate documents properly, file them with the court, file any tax... View More

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