Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Nicholas P. Weiss
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

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

If you mother was unmarried, and you are her only child, then you can file an affidavit for transfer and record of real estate inherited. This will transfer her interest to you. Here is a model ford for cuyahoga. You will need a county specific form for wherever the property is located.... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does a landlord have to provide written documentation that they are refusing your rent when requested

Landlord is refusing current months rent because they are about to give an eviction notice but no notice has been given yet. When requested they refuse to put anything in writing

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

A landlord cannot refuse timely paid rent. They ARE permitted to refuse late rent unless a specific municipal code prevents that. If they attempt eviction, let the court know that you attempted to pay rent timely and it was refused.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My boyfriend has been trying to find out when he was divorced. His ex will not give him any information.

We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

1 Answer | Asked in Family Law for Ohio on
Q: Does a step parent have any rights to children vs a domestic partner?

My ex and I have 2 kids. He is re married and I have a partner of 5 years. My kids consider my partner their step Dad. He is claiming since we are not married that my partner can't even be listed as an emergency contact at school or any other forms but his wife is required to be listed. In my... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

He is wrong. Unless she adopts them, or gets some other kind of court ordered right, his new wife and your current boyfriend have the same amount of rights to the children, which is none.

He also misunderstands what an emergency contact is. It is just that. An emergency contact. It implies...
View More

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: What do I do if I was named in a foreclosure for a property I no longer own?

I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: The father of my son hasn’t seen, called, checked in or financially supported him in over a year. Can my Husband adopt?

We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More

1 Answer | Asked in Estate Planning for Ohio on
Q: Do not want divorce,how can I protect my assets acquired before marriage 43 yrs ago?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

Any asset acquired prior to marriage, unless comingled with marital assets, is non-marital. It should not need additional protection. Exceptions to this can include certain property used by both parties, like a house, that was appreciated in value following the marriage. In general, though,... View More

1 Answer | Asked in Family Law for Ohio on
Q: Can I move out of the State of Ohio without the permission of my child's Father?

We have a court order-I am the Custodial parent and the Father has visitation only. I had to move out of State because I live with my parents and they moved. I did file paperwork with the courts because I have other concerns about my child going to his Father. When I filed I had not moved yet and... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

It is likely that before you moved you needed to file a notice of intent to relocate. File that ASAP. You are supposed to do this prior to moving. If you do not, then the court can literally make you bring the child back to the state.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Hi what age do I have to be to mow lawns,shovel snow and rake leaves for neighbors for money?

I really want to do it for extra money but I don’t know the legal age I have to be

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

There is no prohibition on you doing this yourself at any age. The prohibition is on a company hiring or contracting you to do this work while you are below working age. If it's just you going around the neighborhood, then you're fine.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Fiance wants to adopt my daughter once married, what kind can we do?

My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Durable POA and Healthcare POA rights and responsibilities for Dad's Progressive Alzheimer's Dementia (Ohio) diagnosis.

Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Im confused as to what documents and as to who gets what when filing an appeal packet in Ohio 5th District court?

I am not sure where and who gets what papers to file an appeal. Does the trial court get my evidence information when I file?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

There are many rules about how to file an appeal and how to transfer the docket and the trial information to the appellate clerk. Please do not try to do this yourself. It is very easy to mess up, and then your appeal would be dismissed. Get local counsel to assist you in the appeal, even if... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Is there any other way to be legally divorced other than a dissolution or divorce?

I have been separated for 18 months. My spouse and I have absolutely nothing together. She refuses a dissolution even though she is asking for nothing and neither am I. She says I'm going to have to spend the money on an attorney out of spite just to get her to appear. What other options do I... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

If you truly don't have assets to split, you might consider filing the divorce yourself without an attorney. Many courts have their own forms to assist in low-asset divorces. The most you would pay in that case would be the filing fee.

View More Answers

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can hcjfs (cps) tell my wife and kids to not have any contact with me the father, or is that parental alienation?

My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.

1 Answer | Asked in Child Custody and Legal Malpractice for Ohio on
Q: Can a custody lawyer sign his clients name on legal court documents?

Can a lawyer sign a sworn affidavit for a client?

I got emergency custody paperwork from the court and they sent two sets of papers. Well I got to looking at my ex’s signature on the paperwork and there is two signatures one is 100% not hers. It looks like her lawyer tried to copy her... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

Answer to your immediate question: No.

Answer to your unasked question; do not make this a thing. She is going to say that is her signature and there is not going to be anything you can do about it because notarization is there to protect the signor. Respond to the emergency custody...
View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need help trying to get visitation for my 2 daughters, I don’t have a lot of money, and I’m trying to get help
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

Visitation and parenting time is a pretty low bar to clear. Unless you have serious background issues (drug addiction, violent crime, child endangerment) you have a good chance of getting temporary parenting time and a parenting plan in place even without counsel. Portage juvenile court has some... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Does a Trust have to be created in the state of residency or could it be in the state where you own real assests?

I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.

Does one state trump the other or is it a free for all?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.

View More Answers

2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.