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My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More 
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answered on Apr 9, 2025
Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.
I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More
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answered on Apr 8, 2025
Will contests are very difficult cases. You will need to consult with an experience probate attorney who can talk you through the elements and your likelihood of success. If she executed a will after her diagnoses of dementia, and gave her assets to her caretaker, that can be prima facie evidence... View More
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More
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answered on Mar 26, 2025
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to... View More
I was sitting at a red light when an out-of-control vehicle struck my box truck in Cleveland, OH. The driver had no insurance, and I only have liability coverage. There was extensive damage to my truck, which I use for work, and I was out of work for 3 days. I paid for a rental before buying a used... View More
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answered on Mar 11, 2025
It's going to be tough for you to find an attorney for this. In general motor vehicle accidents are handled on a contingent basis when the other side has insurance. Without insurance, there is little guarantee of actual payment out of the judgment. This is something you could probably file... View More
I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce... View More
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answered on Mar 6, 2025
Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.
(A) The agreement is in writing and signed by both spouses ;
(B) The agreement is entered into freely... View More
I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More
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answered on Mar 4, 2025
Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.
The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action... View More
I have a medical marijuana license and live in an apartment where I recently received a verbal complaint from the maintenance man about the smell of marijuana. Can I be evicted from my apartment for smoking marijuana under these circumstances?
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answered on Mar 4, 2025
Yes, for two reasons.
1) Under Ohio's medical marijuana law, the marijuana may not be smoked, so you would be using the medical marijuana in violation of statute.
2) Ohio's medical marijuana law makes explicit exemptions for employment and other discrimination actions.... View More
I am representing myself in a family law case in Ohio, involving a motion to change parenting time and visitation schedules. The trial is set for April 18, 2025, and I need to submit an exhibit list 14 days before the trial date. The case concerns modifying visitation due to the father's... View More
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answered on Feb 28, 2025
Don't overthink this. Make a list of all the documents that you want to present. Put the court information at the top of the list along with a caption like "Plaintiff's Exhibit List". File it with the clerk of courts and serve it on all other parties.
The judgment from my divorce in Ohio entitles me to 50% of my ex-wife's pension, but she recently retired and I have not yet received anything. I haven't obtained a Qualified Domestic Relations Order (QDRO) or contacted the pension plan administrator. We haven't discussed this issue... View More
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answered on Feb 28, 2025
Contact the plan administrator regarding the situation and ask if they have their own preferred QDRO, which they probably do, for the division. Draft the QDRO according to their requirements and get it approved by them. Then file the QDRO with the DR court, and give a copy of the court approved... View More
In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More
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answered on Feb 28, 2025
If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.
If the landlord sought money damages against her, then she at least was on a month to month lease... View More
My father died 5 years ago, and my mother never had his name removed from the deed to their house. My mom has just passed away. Their joint will directs their wishes, but the deed still has both of their names on it. They both passed away in Ohio. We are unsure about survivorship details on the... View More
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answered on Feb 27, 2025
If there is survivorship language, then no. You can simply file an affidavit of surviving spouse with the recorder's office. This answer does not affect any other property that might have been in his name, which may still need to be probated.
We all live together with my husband as well. Since I got married, they seem to have declined in health. Dad had a TIA and is better now. But mom isn't taking care of herself. We constantly argue about the fact that they have not let me out if their sight since birth. I just need my own space... View More
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answered on Feb 9, 2025
If you are all titled owners of the house, and you don't want to live with them, then you either need to 1) buy out their interest in the property and have them move; 2) have them buy your interest in the property and then you move; 3) sell the property and everyone moves; or 4) if no one can... View More
I'm the only child and he wasn't married or anything. filed the summary release from administration that I was told to and took it to the bank, but the bank gave me a check made out to my dads estate. There is no estate and all of his bills were taken care of. I guess I have to open an... View More
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answered on Jan 29, 2025
This is a common bank error. They are good at estates, where there is an administrator or executor. They are not good at summary administrations or release from administrations, where there is a commissioner. Your order from the court should have ordered the bank to pay the beneficiary directly or... View More
Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More
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answered on Jan 21, 2025
If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More
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
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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
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
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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.
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?
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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
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
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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
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
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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
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
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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.
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