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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
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answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

2 Answers | Asked in Civil Litigation and Small Claims for Ohio on
Q: What needs to happen in order for a legal form to have been witnessed as delivered?

I've been asked by a friend to witness delivery of a legal form, and we'd both like to know what the legal process is to make sure I, as witness, can confirm delivery, or if there's an official that needs to be hired/present during the delivery of the form

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answered on Nov 16, 2023

Need a little more information here. Are you issuing service of a lawsuit? What kind of legal form are we talking about?

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a nonprofit theatre company rents a space to perform, are they allowed to stop someone from seeing a performance?

Person wanted to be banned from viewing performances has no criminal records, nor any restraining orders against him.

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answered on Nov 13, 2023

Yes. So long as the ban is not based on a protected class, they are allowed to prohibit any person that they wish from the space.

1 Answer | Asked in Medical Malpractice and Small Claims for Ohio on
Q: How do I go about filing for a pain and suffering insurance claim on a doctor who did a surgery that was not permeant?

Caused a bladder injury during a hysterotomy. A hole the size of a nickel. In which resulted in having to have a Cath for a full month and infections. Now I am having to deal with pain in the incision site in which is preventing from being able to fulfill my duties as a STNA (State Tested Nurse... View More

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answered on Oct 25, 2023

Medical malpractice is incredibly specialized. Do NOT try to do this yourself. Contact a medical malpractice attorney who can reserve your rights to a claim.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Animal / Dog Law for Ohio on
Q: Seeking advice on a Pet Insurance Claim. My policy covers Congenital Heart Disease. A defect occurring at birth.

My policy w/MetLife started the day I brought my Rottweiler home at 8 wks.Comprehensive Wellness & Accident & Illness.No heart murmur was heard at the 6wk check w/her breeder.I took her to her first wellness visit A heart murmur was noted but no real concern as murmurs are very common in... View More

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answered on Oct 25, 2023

You may have a claim for bad-faith insurance coverage against met-life for refusing coverage. This can result in hefty punitive damages and attorney fees for refusing to reasonably provide insurance coverage.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Dog ownership issue with ex- girlfriend

Hi, I purchased a dog for us when we were together. I have the receipts with my name only on the purchase as well as all communication with the breeder. Within weeks of the purchase my gf broke up with me and took the dog to the vet and "registered it" - their words not mine. What are my options?

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answered on Oct 25, 2023

"Registering" a dog means nothing. I could probably register your dog too.

Dogs are considered property. If you purchased the dog and you weren't married then she has to give it back. If she does not you can either 1) file a police report for theft or 2) sue her for replevin...
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1 Answer | Asked in Estate Planning for Ohio on
Q: State of Ohio. Can I write my own will? Does it have to be filed at courthouse?
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answered on Oct 25, 2023

You can write your own will. So long as two witnesses sign it it will likely be valid. You can, but do not have to, file the will at the courthouse. We often recommend that clients do file their will with the probate court to avoid later will contest actions.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: How can I get out of a contract to sell my home and a POA that they attached to their contract?

I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More

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answered on Oct 19, 2023

The LLC is likely engaging in wholesaling. This is a legal, but ethically tricky, activity in selling a contract to another. It is unlikely that you can breach the contract without penalty.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If you own land with a deed that states Sole Survivor, can I build on it? What is Michigan law state?

The land is owned by two of us. I want to build. Can I and what’s the process.

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answered on Aug 8, 2023

You may want to ask this in the Michigan group. You posted in Ohio.

Q: If my job doesn't initially test for THC but than an accident occurs and THC comes up is it legal terminate/suspend you?

Basically we don't initially get drug tested for THC until an accident occurs and if THC comes up they either terminate you or fire you depending on who you are is this legal?

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answered on Jun 8, 2023

Yes. Ohio employers may terminate for THC in your system. There are no protections for employees in Ohio for use of marijuana, even medical marijuana.

2 Answers | Asked in Family Law and Child Support for Ohio on
Q: I no longer need child support from my children's father. Will a judge dismiss the child support?
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answered on Jun 6, 2023

No. If you and the father agree, however, you can deviate the total amount of child support owed to zero dollars.

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1 Answer | Asked in Family Law for Ohio on
Q: I need to find out if my marriage is valid.

In 2008 when applying for a marriage license in Boone County Kentucky to my 2nd husband, I specifically asked the clerk at the courthouse if I could use my maiden name since I didn't want my ex husband's name on my new marriage license. I was told yes. I assumed the clerk would have known... View More

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answered on May 18, 2023

Your marriage is not invalid.

1 Answer | Asked in Real Estate Law and Federal Crimes for Ohio on
Q: My mom signature was forged 15 years ago on a quit claim deed document. Is there anything we can legally do now?

My mom and dad got divorced in 2005 and decided the house would go to me or my dad had to sell it and split the profits. My dad lied and said he sold it to my sister, but what really happened was my sister forged my moms name and also notarized the quit claim deed in 2007 saying my mom was giving... View More

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answered on Apr 12, 2023

Most fraud has a statute of limitations date of four years from the date of discovery. It sounds like you are well past the statute of limitations to contest the fraudulent deed.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Ohio on
Q: Can i have my sister removed from my home and reported her elderly abuse.

I own a house in Ohio that my parents are currently living in. I live in Texas. My father is on hospice and my mother just recently had a partial foot amputation. My sister decided to use FMLA to stay and take care of them, well mainly to take care of my dad. She is now terrorizing the home. I... View More

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answered on Apr 12, 2023

Call Ohio adult protective services ASAP: https://aps.jfs.ohio.gov/

If she doesn't actually live there, then change the locks and lock her out. She is not a tenant and not subject to Ohio tenant protections. Call the police as well and report her for trespassing.

2 Answers | Asked in Personal Injury and Business Law for Ohio on
Q: I want to refund a customer as a courtesy because she is having a reaction

Will this hold me liable or admit fault and leave me open to being sued at a later date even though I am not admitting fault

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answered on Apr 5, 2023

You have a low likelihood of being deemed to have admitted fault by giving a refund. Businesses give refunds for things for unhappy customers all the time.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What is the first move to getting someone who never paid rent and refuses to leave .

I have a friend who needed a place to stay due to she became homeless. I told her no in the first place but she showed up anyway . I felt bad and told her she could stay just a couple of days she said 4 . I said ok as long as she stuck to some simple rules. She agreed on it and promised all these... View More

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answered on Apr 5, 2023

If she's physically attacked you, call the police and have her removed and get a restraining order.

If that doesn't work, you will need to evict her and go through your municipality's eviction process.

2 Answers | Asked in Real Estate Law for Ohio on
Q: My mother Quit Claimed her home to my sister and I at the time of her death in 2018. Are we responsible for a balance on

a home improvement loan she had on the property?

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answered on Apr 5, 2023

You are not personally responsible for the loan, but there is likely a lien on the house as a result of the loan allowing the lender to foreclose on the property if the loan is not satisfied.

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1 Answer | Asked in Family Law for Ohio on
Q: Filing for child abandonment

I currently have a 5 year domestic violence protection order against my daughters father. She is not included in the protection order but is named on the page that states I am an unmarried female and have sole custody of her. He has had no contact with since November 4, 2022 and no contact with her... View More

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answered on Mar 27, 2023

Child abandonment is not really something you can file for. If you are seeking a stepparent adoption, you can do that fairly easily if there has been a year or more of no contact between the father and child.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How likely is the court going to sway in side of mom getting custody during a divorce because husband is mentally…

Emotionally abusive in front of the children? Will it matter who files first? Mom pays for all health insurance and healthcare, dad does not contribute. Mom works from home but is primary care taker of the kids.

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answered on Mar 27, 2023

With mom being primary caretaker and paying for most things, a likely starting point for any parenting plan will be the standard parenting time guidelines of whatever court the divorce is pending. Would need a lot more information on the emotional abuse part for anything further.

1 Answer | Asked in Child Support for Ohio on
Q: Could I get in trouble for contacting my husbands lawyer an making a offer during our divorce?

My lawyer won't make the offer I want her to if I was to contact my husbands lawyer an make the offer could there be consequences?

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answered on Mar 27, 2023

The other attorney will likely refuse to speak with you, as you are represented by counsel and it would be an ethical violation.

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