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Questions Answered by Jeffrey J Ferguson
3 Answers | Asked in Probate for Ohio on
Q: My father’s widow is stating he left no will and she’s not speaking to any of his family. What can I do?

My father married 1 month before he passed from cancer in OH. He was heavily medicated in the last few months of his life. The girlfriend has stated he left no will and refuses to speak with anyone in the family about his estate by saying that’s between her and her husband. I’m his child from a... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Dec 14, 2020

You have rights as his child. You will have a some claim on all probate assets. The amount of the claim depends on your Dads martial status and how many children your Dad has at the time of his death.

You should immediately find a probate attorney to protect your rights

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1 Answer | Asked in Tax Law for Ohio on
Q: City of Dayton says I haven’t filed my city taxes in 2008 or 2009, is there a statute of limitations on filing taxes?

I think I did file and paid, but I shred all documents after 10 years and no longer have any proof.

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Dec 13, 2020

The non filing of city taxes does not have a statute of limitations. I would need to look a the city of Dayton ordinances to be sure. I would recommend looking to your bank for proof of payment from that period of time if you do not have copies of your paper filings.

A local tax...
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4 Answers | Asked in Probate for Ohio on
Q: Can you cash a check made out to estate without going through probate

The person has a small estate. And there was a small check from the nursing home made out to his estate for return of rent that he did not use because of death

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Dec 12, 2020

Once a person dies all checks made out to the estate would require an estate account for a bank to process payment. With out proper estate filing in the jurisdiction no estate account can be opened.

You will want to consult a probate attorney for assistance.

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2 Answers | Asked in Probate for Ohio on
Q: My parents died 12 days apart. If they had a will does their will and their items have to go thru probate court, before

anything can be gone thru? My mom passed on August 3, 2020 and my dad passed on August 15, 2020

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 19, 2020

First sorry for your loss of parents. If there is a will it will name an executor. That executor will have power granted by the probate court in the proper jurisdiction. This takes a couple weeks at its fastest pace to get the power granted. Once granted the executor can go forward with... Read more »

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1 Answer | Asked in Small Claims for Ohio on
Q: What would be considered proof of debt from third-party? And if they have proof of debt can they take you to court.
Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

In order for a party to take a person to court there needs to be some connection to the matter by both the third party and you. A possible explanation is if you are a cosigner. You may be considering this a s third party.

1 Answer | Asked in Contracts, Criminal Law and Estate Planning for Ohio on
Q: What does being power of attorney for an inmate entail?

My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Can I get a lawyer to review a lease?

I am communicating with a potential new landlord via email and he sent me the lease agreement. Is there an attorney that can review it and tell me if it's legit?

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

Every lease you sign or most legal contracts should always be reviewed by an attorney of your choice. A lease is a significant commitment. A landlord tenant or real estate attorney are your best bets for review.

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1 Answer | Asked in Tax Law for Ohio on
Q: Are property taxes considered tax law or real estate law?

I need help with our property taxes and don't know where to start.

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

Property tax issues are best handled by a real estate attorney. While they are taxes a person that handles real estate will be needed to address property tax questions

2 Answers | Asked in Civil Litigation and Tax Law for Ohio on
Q: In Ohio. I just received a wage garnishment from the court for back taxes.

In Ohio. I just received a wage garnishment from the court (which I was unaware of since it was back in 2017). Can I still try to make a payment with the creditor or will I have to go to court for my hearing to ask? The creditor was Attorney general. I don't have the money to pay this... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

You are always better to work out with a creditor prior to court. It saves you both time and money. The creditor will incur legal expenses in going to court so you are saving them money and they are more workable prior to spending time and money. I wish you good luck

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2 Answers | Asked in Civil Litigation for Ohio on
Q: I have a 27 year old who won't move out. He has warrants and pays no rent.

This is in Youngstown Ohio

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

You would wan to run the eviction course for a month to month tenant and follow your local court rules to have him evicted. Once he is evicted please do not allow him to return or you will be back in the same mess even if it is for a short time allowing him to return.

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