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
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

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

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

2 Answers | Asked in Employment Law for Ohio on
Q: Caregiver says her company will sue her for $1000s if she quits the company and I hire her . Is this true or possible?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

It is likely that her contract with her company contains non-compete and non-solicitation clauses that would prohibit her from sniping clients from them. There is likely a liquidated damages clause in the contract that the company would use to prevent her from working for you directly.

View More Answers

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

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Landlord - Tenant for Ohio on
Q: If rental renewal was not given in lease form am I able to move with no penalty?

I have lived at my current rental property since June of 2020. We communicate with landlord via text. We have only seen him twice. Once when we viewed property. And another when we had a leak. He makes us do everything for maint. and he takes off of our rent. This year when we told our landlord we... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

Text conversations would be enough to renew the lease at the new rate. If you left early you would be in breach.

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.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

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

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In Ohio does my niece need a court order to make her boyfriend move out?

My niece recently had a baby with her boyfriend. He’s lived with her for a little over one year now, but has become increasingly abusive. She wants him to move out. She lived there before they met, his name is not on the lease, there are no bills in his name. The only mail delivered there with... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

Due to the length of time he's been living there, he transitioned at some point from a "guest", which doesn't need an eviction, to a "sub-tenant" who does.

As a practical matter, however, under these facts the likelihood of her getting in trouble for a...
View More

2 Answers | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Will biological fathers court paper interfere with my husband and I's adoption process?

My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

You will in all likelihood prevail on your stepparent adoption. In Ohio, when a biological parent has failed, without reasonable justification, to provide support for over a year to a minor child, his consent is not necessary to proceed with the stepparent adoption.

There will be two...
View More

View More Answers

2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How can I file for my child’s fathers rights to be revoked in ohio

I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.

If you would like to strip him of any parental rights, the only way to do that is through a stepparent...
View More

1 Answer | Asked in Family Law for Ohio on
Q: What are the Grandparents Rights for visitation in Ohio, my husband and I have full custody.

My Husband and I went no contact with our children’s Grandparents due to a toxic environment, and the Grandmother threatening me in my house, and we felt the decision was best for our family and kids. The Grandparents watched the kids while we worked and it wasn’t a positive time all of the... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

If you are married to the father of the children, the grandparents have no rights whatsoever. Not even to visitation. The only way they could get rights is if they seek full custody by establishing that both you and your husband are an unfit parent, an extremely high bar.

If you are NOT...
View More

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Is dower rights still a thing in ohio on 2023? Any way for spouse to waive all rights to everything their name is not on

From the start of the marriage so that neight have to deal with it?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed... View More

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: I would like to fire my contractor for not completing a job in a reasonable time frame.

We were told the job would be done in Feb 2023, It is now June and we are still being delayed and not scheduled. Our contractor has been "scheduling" dates to start for months but then reschedules the day before, most times without notifying us unless we reach out to them. I asked to... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
View More

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?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Contracts for Ohio on
Q: If I signed a contract with a company for exterior home improvement, how long do they have to do the work?

The paper stated that I had three days to cancel.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
View More

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... 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, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
View More

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

View More Answers

2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... View More

View More Answers

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

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2023

Your marriage is not invalid.

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.