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Questions Answered by Joseph Jaap
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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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Legally still married but separated does the husband have a right to be at a house only the wife is on the lease?

The wife doesn’t want him there

Joseph Jaap
Joseph Jaap
answered on Oct 24, 2022

If there are no court orders, then both spouses have equal access to the marital residence. It doesn't matter whose name is on the deed or lease. If a divorce is filed, then a spouse can ask the court for exclusive access to keep the other spouse away. But the judge doesn't have to agree.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

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 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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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 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.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: Is a lawyer allowed to give money out of the estate before the case is closed?
Joseph Jaap
Joseph Jaap
answered on Jul 13, 2023

Distribution of assets before an estate is closed is not prohibited, but the executor must ensure sufficient funds are remaining to pay all allowed claims, taxes, etc. Any distributions are noted on the accounting filed with the court.

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3 Answers | Asked in Probate for Ohio on
Q: What's after Judgment Entry Approving Inventory? And will there be another court date?

I have a lawyer but he has not responded to any of my messages since April. So I don't know what's going on.

Joseph Jaap
Joseph Jaap
answered on Jul 5, 2023

The inventory is filed early in the probate process. There are several more steps and filings with the probate court. Call your lawyer's office and keep calling until he gives you an update.

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1 Answer | Asked in Contracts for Ohio on
Q: My contractor has not been to my house to finish basement in almost a year. Now they won’t answer my text messages

We signed contract in Feb 2022. He told us it would be finished my summer time. We do not have an end date on contract. We have paid them almost $35,000 and only half is done. Been texting them for 2 months and no response. Can I now tell them that is abandonment of job and request money back or... View More

Joseph Jaap
Joseph Jaap
answered on Jul 5, 2023

It might be difficult to find another contractor able and willing to get involved in the middle of the job and complete it. Another contractor might be no better. Use the Find a Lawyer tab to retain a local construction litigation attorney who can review the situation and advise you of 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?

.

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.

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.

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