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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Real Estate Law for Ohio on
Q: Mother Passed 1/28/2020, intestate, siblings don't want house, warranty or quitclaim deed, and other procedures needed

If filing one or the other mentioned above, what other procedures will follow? Mother had "warranty deed" on house, what to do to take possession? Should I file a quitclaim deed or warranty deed and then become the administrator of the property?

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answered on Mar 31, 2020

If there was no survivorship deed then you will need to open an estate to transfer the property out of the estate by selling it. You will need the court, and likely the other beneficiary's consent, to sell the house. The income from the sale will then become an asset of the estate and need to... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Once a business offers you a position, contract signed, are they able to rescind the offer weeks later

I accepted an ER manager position at a different health care facility and signed a contract with the institution regarding wage and sign on bonus. I asked to give 4 weeks notice to my current employer to allow for smooth transition in which they agreed and a start date of 4/13/2020 was given. I... View More

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answered on Mar 31, 2020

You do have recourse. They are not able to rescind an offer once you accept it. They are using that word, rescind, but really what they're doing is terminating the contract.

Before you start looking at recourse, see if you can get your old job back. Regardless of what happens with the...
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1 Answer | Asked in Family Law for Ohio on
Q: My divorced son died in Ohio ins left to his child’s mom ins co telling her needs financial guardianship to collect it?

They had joint custody and she now has full custody

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answered on Mar 31, 2020

If the policy named the mom the beneficiary then she should not need a financial guardianship. If it named the child as beneficiary then the mom does need to apply for guardianship with the court to hold the funds until the minor is an adult.

1 Answer | Asked in Divorce for Ohio on
Q: I have been separated from my ex for over 14 years we have no property no children together. He don't live here, what's
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answered on Mar 31, 2020

You can still likely file an uncontested divorce. So long as he is served with the complaint you can bring a witness with you to court to testify as to your reason for getting a divorce, and the court can enter a divorce decree.

4 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Is it true that credit card debt doesn’t have to be paid if your loved one was the sole owner and doesn’t have assets?

My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... View More

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answered on Mar 31, 2020

If your concern is the credit card companies continue to call you then you need to do two things. 1) Tell them to stop calling you (and note the date) and 2) if they call you again contact a consumer attorney. If they contact you to collect a debt after you've told them to stop calling you... View More

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1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: I have a criminal record but I haven't been in trouble in over 10 years my children live with their maternal grandmother

They want to live with me can I still get custody even though I smoke Weed

Nicholas P. Weiss
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answered on Mar 16, 2020

Now is an excellent time for you to get a medical marijuana card. There are a variety of physicians out there who can get you one, and if you are using marijuana for medical purposes then that cannot be used as the sole reason to deny you custody. R.C. 3796.24 (2 - 3). Let me know if you'd... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I was 4 days late in giving notice to move out. They want to charge me $2000 to break the lease. Is this reasonable?

I remember being told when I move in that I have to give a 30 day notice when I want to terminate my contract at the end of the first 12 months. However, I reread the contract recently, and it states that I must give a 60 day notice. The section that states I have 60 days also includes a 30 day... View More

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answered on Mar 8, 2020

An automatic renewal clause is unenforceable in Ohio if the lease was not notarized, or the renewal is limited to three years total under Ohio's statute of conveyances. Most residential leases fail to either limit the automatic renewal or fail to get it notarized. Review the lease and see if... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have 12 year old daughter and she dont want to go back to her mom because she dont feel safe around the situation at

I dont know what to do can I get in trouble for keeping her

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answered on Mar 8, 2020

If you're unmarried in Ohio then the mother is presumed to be the sole custodial parent. File a petition for custody to obtain parenting rights and responsibilities.

1 Answer | Asked in Elder Law for Ohio on
Q: Mom didTOD &add my name ONLY 2keepDIL from her home incase bro dies (ill). I’m2split sale of home wHim&will

Bro mad&forced mom2add him.mom upset.As her POA should i chg it back to mom orig intent since mom fearful 2upset bro? Thx (OHIO)

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answered on Mar 6, 2020

Be very careful as a power of attorney in putting assets in your name or naming yourself as a future beneficiary of assets. The law in Ohio is that if you do that as a power of attorney then the transfer is presumed to be the result of undue influence, and you must then overcome that presumption.

1 Answer | Asked in Uncategorized for Ohio on
Q: how does a mechanic shop put a lien on a truck that the driver refuses to pay?

the driver took the truck and owes 16000.00. he has not payed and brought another truck in for repair. we now have that truck and will not release it until he pays the other bill. what to do?

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answered on Mar 6, 2020

You can retain an automobile with a mechanic's lien without filing anything so long as you don't violate any portions of the Ohio Consumer Sales Protection Act (OSCPA), specifically everything in OAC 109:4-3-13 Motor vehicle repairs or services. Your situation is a little different in... View More

1 Answer | Asked in Family Law for Ohio on
Q: My wife left for Texas and I have court order visitation what should I do

The case was court ordered

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answered on Mar 6, 2020

Every custody order I've ever seen has restrictions on leaving the state without court approval. If there is one like that, file a motion to show cause with your domestic/juvenile court as to why she should not be held in contempt for violating the court order.

1 Answer | Asked in Uncategorized for Ohio on
Q: How do I pursue an e-commerce company that refuses to give me a refund?

I paid for an online service back in December and asked for a refund in the beginning of January. Since the beginning of January, they have dragged me along each day asking for more money to get the refund back to me, which I paid. This is still going on now. I’ve ended up paying them a few... View More

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answered on Mar 5, 2020

Their actions are likely violations of Ohio's Consumer Sales Practices Act. If they haven't paid you but have demanded more money before they give you a refund, you can likely seek your damages from them, plus treble (three times) damages, and reasonable attorney fees.

Your...
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1 Answer | Asked in Child Custody for Ohio on
Q: If a mother signs her rights over to the father, can she get custody back going forward?

The father is under the impression that if he can't control the son, the next place for him to go is foster care, because the mother can't get custody back. And I don't think that's true.

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answered on Mar 5, 2020

If the mother voluntarily gave up custody, she can still seek custody if the father no longer wants it. She doesn't waive her rights forever.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Ohio on
Q: I filed a complaint against a Chipotle rest. & they won on summary judgment can I now go back & try sue the supplier?

I got injured after choking on a bone found in my chicken burrito bowl while driving

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answered on Mar 5, 2020

You are likely barred from bringing a claim against the supplier because you did not include them in the first lawsuit. Ohio litigants are required to sue all necessary parties to a suit. If they don't, then future cases can be barred. This is to encourage efficient litigation and discourage... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: Can I sue a car dealership for keep calling me and sending me emails trying to get payment for a car I don't have?

I told them in a phone call to take it to court and stop contacting me. They still keep calling me and sending me emails. I tried to kill myself and was taken to the mental hospital because they won't leave me alone.

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answered on Mar 5, 2020

The car dealer is likely violating Ohio's Consumer Sales Practices Act (OCSPA) for calling you after you've asked them to stop. They would be liable for damages for this.

There are two main types of collection calls: 1. those from an original creditor, and 2. those from a third...
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2 Answers | Asked in Child Custody for Ohio on
Q: Can I get custody of my children back, if I was told a custody arrangement was only temporary?

My children both have special needs as a single mother I was unable to meet their needs after leaving their father who was abusive. My father and step mother offered to take custody of them until I was able to get on my feet bc I wasn’t able to meet their needs with out his support. Now a year... View More

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answered on Mar 5, 2020

Based on your description you have a very good chance of obtaining custody over your children. I recommend you contact a family law attorney in your area and move for a change in custody based on a change in circumstances.

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2 Answers | Asked in Estate Planning for Ohio on
Q: Can we reopen a estate, due to estate not being properly distributed?

My father in law died in 2018. My husbands step mom was just put into a nursing home for medical reasons. Her son is her power of attorney. We were never told anything about his estate until they put her in a nursing home, and it is already closed (called the lawyer that was apart of it) and was... View More

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answered on Mar 6, 2020

If your husband was supposed to inherit under his father's estate, but did not, then you can reopen the estate and seek to unwind the improper transfers.

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2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won'.

Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won't. I asked for ALL disclosed problems and he said muffler and coil pack which he fixed, then he called me a day later saying the steering column is messed up and he said I can... View More

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answered on Mar 5, 2020

The dealer misleading you about the car and then refusing to grant a refund is likely a violation of Ohio's Consumer Sales Protection Act (OCSPA). You are likely entitled not only to the value of the purchase, but also for treble (three times) damages and may be entitled to reasonable attorney... View More

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