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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my condo and moved in with my Dad to take care of my Dad for six years. When he passed I stayed in the Condo and

My sister and I now own the condo. I still live here but now my sister refuses to pay her half of the taxes. I pay my half, HOH fees and all improvements and updates. If I don't pay her half can I be responsible

Nicholas P. Weiss
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answered on Apr 5, 2024

Yes. You are jointly responsible for all fees.

On the other hand, you live there, she doesn't. You are getting all of the benefit of the condo.

If you really don't like the arrangement, you can try to buy each other out or do a sale by partition if you can't agree.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

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answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More

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answered on Apr 2, 2024

It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

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answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

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answered on Apr 1, 2024

Sorry, Todd! I disagree. You are usually right!

If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was...
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2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Nicholas P. Weiss
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answered on Mar 28, 2024

I wouldn't celebrate just yet. Marijuana is legal by state law. Alcohol is legal by state law. People still have investigations opened due to alcohol abuse. Many courts also still view marijuana use as a predictor of bad parenting. Unless you have a medical card I'd reduce my marijuana... View More

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1 Answer | Asked in Family Law for Ohio on
Q: my father passed away and did not list a beneficiary on his 401k. do his kids receive this benefit ?
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answered on Mar 6, 2024

His estate receives this benefit. The estate then disburses the funds in accordance with the will. If there is no will, then it is disbursed according to Ohio's intestacy statute. If he is unmarried, it is likely that the kids will take all of the funds.

1 Answer | Asked in Estate Planning for Ohio on
Q: What do I do as the beneficiary of a trust that I believe my mother, the trustee, is accessing without my knowledge?

My grandfather passed in 2017, I was 17 years old. I know that I am a beneficiary to a trust, as is my brother, but I was never given any information on the value or really how it works at all. Now, as a 24 year old, I still have not gained that knowledge. My mother avoids discussing it and... View More

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answered on Mar 4, 2024

Any beneficiary of a trust with a fully vested interest may seek a copy of the trust document and an accounting of the trust from the trustee at any time. If the Trustee refuses, the beneficiary may bring an action for an accounting against them. This is the beneficiary's remedy if the the... View More

3 Answers | Asked in Probate for Ohio on
Q: I am listed as beneficiary on my father’s will. It by name excludes my sister. Should I be concerned about her contestin

The will excludes her by name. She says dad told her that she would be taken care of. She claims she is getting an attorney. He has passed away.

Nicholas P. Weiss
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answered on Feb 14, 2024

Yes. Most wills include provisions that disinherit anyone contesting a will. In this case, she is already disinherited, so there is no downside to her contesting the will.

On the other hand, will contests are HARD. It is very difficult to prove either undue influence or lack of capacity,...
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1 Answer | Asked in Family Law and Child Support for Ohio on
Q: My child is over 18 and under my medical insurance. Separation agreement says we split medical expenses.

My daughter has anorexia and was diagnosed when she was 15. She’s been in a lot of treatment over the years. Last year she was in a treatment center that cost $15k out of pocket. My seperate agreements states we split medical bills. Does the splitting of medical bills stop when my daughter turned... View More

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answered on Jan 22, 2024

In general the duty to support goes to age18 or graduation from high school, whichever comes later. If she hasn't graduated you may be able to enforce payment. If she has graduated then she is no longer part of your divorce decree and he has no duty to support.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Shared legal custody and separate state parents. Daughter wants to move with father.

I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More

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answered on Jan 11, 2024

This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: Mom’s estranged husband passed. Need info about will and off he married someone else

Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.

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answered on Dec 20, 2024

If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.

1 Answer | Asked in Divorce for Ohio on
Q: How to start a uncontested divorce. We both agree on all property, debt, and child custody.

What paperwork do I need to start with. Weve been married for 4 years separated for about 2 years

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answered on Dec 16, 2024

If you've got everything set I'd recommend attempting a dissolution. Your county's domestic relation court will very likely have forms for this exact scenario that will allow you to dissolve your marriage if the two of you are indeed in full agreement.

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Getting laid off - no non-compete signed. Can I be told I can't take a job if I'm contacted for one?

I am Getting laid off - no non-compete signed. A company reached out to me and I interviewed and was offered a position. My company laying me off called me today to let me know that i can work for a competing agency but they are not permitted to reach out to me. They said they have a list of... View More

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answered on Nov 17, 2024

If they have such a series of agreements, they violate federal anti-trust law and are unenforceable. You are fine to go work for them.

1 Answer | Asked in Child Custody for Ohio on
Q: I am a 14 year old child in ohio looking to choose to live with my father in Colorado. Can I choose to live with him?
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answered on Nov 8, 2024

If your father is seeking residential parenting of you the court can take your wishes into account. At 14, they will give your wishes significant weight. The court does not have to listen to you though.

1 Answer | Asked in Family Law for Ohio on
Q: My son has DNA test through child support for his 3 children. Should there be a visitation schedule for him ?
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answered on Nov 8, 2024

If he wants one, he has to ask the court for it. Child support cannot implement a visitation schedule. The court also cannot order visitation until paternity is established, so the dna test will be a prerequisite for that.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: There was a custody trial 9/27/2024 and still no decision from the Magistrate. What can I do to get a decision?
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answered on Oct 16, 2024

That's not an unusual amount of time for a custody trial decision. Once it gets closer to a month you can call the court and ask for an update.

1 Answer | Asked in Car Accidents for Ohio on
Q: Can I be held financially liable if my adult child gets into an accident and we share a auto insurance policy
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answered on Oct 14, 2024

If they were driving your car then you could potentially be liable under a theory of negligent entrustment. If you have coverage, however, then your insurer should provide you an attorney and coverage up to the amount of your policy.

3 Answers | Asked in Uncategorized for Ohio on
Q: looking for personal injury lawyer that can work across state lines.
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answered on Oct 14, 2024

Attorneys are barred in individual states. Knowing what other state you need work done in would be helpful to answer this question.

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to file for a temporary change of Parental time
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answered on Oct 14, 2024

This would be a motion to modify parenting time. This is a very common motion, and many courts have self-help forms that you can use to file the motion yourself if you go to the court in-person.

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