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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Uncategorized for Ohio on
Q: Am I legally allowed to change locks and post no trespassing signs on a home I own but currently do not live in?

My grandma's boyfriend signed his home over to me July 2021. My grandma passed away November 2021. Her boyfriends kids got guardianship of him in September of this year and issued a no contact order to me due to having a felony charge 11 years ago so instead of him going to a nursing home I... View More

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answered on Dec 22, 2022

You own the house and there is no one living there. However, best practice would be to pursue and eviction action before removing belongings and changing the locks.

1 Answer | Asked in Employment Law for Ohio on
Q: Is there any way I can send a non compete for you to review (from my employer)?

I would like to know if there is any way out if it should I get a job offer from a manufacturer in the same industry.

Nicholas P. Weiss
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answered on Dec 22, 2022

The board is more for general questions. If you have a specific document that you need reviewed, reach out to one of the attorneys listed for a consultation.

Nick

1 Answer | Asked in Insurance Defense for Ohio on
Q: My grand mother has been paying house insurance premiums for 10+ years, now she’s told the insurance never even hit

Lapse in policy change 9yrs ago and she was never notified of any lapse or lack of home insurance. Progressive says they can’t locate the original policy and won’t back pay her or give her the insurance she’s paid for 9yrs straight.

Nicholas P. Weiss
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answered on Dec 22, 2022

You likely have a bad-faith claim against your insurer. They cannot both take the money under the policy and claim that there is no enforceable policy.

1 Answer | Asked in Divorce for Ohio on
Q: Can I switch the title over to my car to someone else's name
Nicholas P. Weiss
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answered on Dec 22, 2022

Why are you doing this? The short answer is "yes", but there can be consequences to doing this if it is in the context of a divorce. If you are doing it pre-divorce, and transferring for no value, then the court can make you pay back the marital equity to your spouse in the divorce as you... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... View More

Nicholas P. Weiss
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answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
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1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: Hired contractor to "raise and level house" Fix failed two months after paid in full (20K). What recourse do i have?

I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?

Nicholas P. Weiss
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answered on Dec 12, 2022

If you are in a municipality that requires a contractor bond, then you can make a claim on the bond for the work that is not up to code up to the value of the bond. Otherwise you will have to bring a lawsuit against the contractor. It is likely that you would have a claim under the Consumer Sales... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: representing myself for a third party custody trial how can i find out if 1 of the parents has recently been in rehab?

How to I obtain this information

Nicholas P. Weiss
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answered on Dec 12, 2022

You would send discovery responses to the parent asking them to assert that. You could also send subpoenas to their health care providers.

Getting health information of a party is extremely tricky. I do not recommend that you try this without counsel.

2 Answers | Asked in Family Law for Ohio on
Q: Please help my son is a minor can grandma take him temporarily without minor appt of guardianship ordeal ?

First and more most I am the biological mother residing in Calif. My mother moved to ohio.My minor son age 10 likes playing "only child" SOMETIMES .. anyway I'm in a bind .I was sent paperwork for hearing for minor appt of guardian. I don't like the terms it's. Bit too much... View More

Nicholas P. Weiss
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answered on Nov 29, 2022

Why not do a grandparent power of attorney instead? It's through the juvenile court and gives power to act as guardian over the minor child without actually doing guardianship proceedings. It also is extremely easy to undo.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What’s the fastest way for son to live with us when mom has full custody?

Mother has full custody. (Mom and dad never married) Dad on birth certificate and pays child support. Mom and dad are coparenting. Oldest son (10) has had some behavioral problems and mom and dad have talked about son coming to live with dad and family to try something different since mom has tried... View More

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answered on Nov 15, 2022

The fastest way is to file a joint complaint for custody with a motion to adopt shared parenting plan with an agreed judgment entry signed by all parties.

1 Answer | Asked in Juvenile Law for Ohio on
Q: My attorney said that I do not have to go to court but I was subpoenaed from juvenile court because they are going to

Terminate my rights as a father and the mother has already had him taken away and Im doing this for the best interest of my child we have a trail date but my attorney says I do not have to go that he will go in my place is this true

Nicholas P. Weiss
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answered on Nov 9, 2022

You need to consult with your attorney.

1 Answer | Asked in Civil Rights for Ohio on
Q: Four months ago my husband left me and took my dog which is registered in my name I want it back police won’t help

The police say it’s a civil matter. He brought two policemen to our house and took the dog. I asked the police why they were there and they said he wanted no fight. We hadn’t fought and don’t have a history of that so I was confused. They then said he told them it was his ptsd dog. He’s... View More

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answered on Nov 9, 2022

You need to file for divorce and seek the dog as a marital asset.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
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answered on Nov 9, 2022

The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

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answered on Nov 9, 2022

Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court... View More

1 Answer | Asked in Car Accidents and Small Claims for Ohio on
Q: What's statue of limitations on property civil lawsuit. I was hit with no insurance in 2019.

I was hit in 2019. No insurance. She fake called the law and said they wouldn't come bc it was on private property and gave me false insurance and wasn't able to have car repaired til Dec 2021 and it cost me 5000 alot more than I thoight from the get go. Was told cops o had to have her... View More

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answered on Nov 9, 2022

Negligence cases have a two year statute of limitations in Ohio.

2 Answers | Asked in Family Law and Landlord - Tenant for Ohio on
Q: How do I evict my 18 year old child

He doesn't go to school or pay bills.

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answered on Oct 31, 2022

The same way that you would any tenant. There are no special considerations just because you are related.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord hasn't had major repairs fixed and its been a month causing my bills to triple in price, and its unsafe

I have an old front door, and 3 of the glass panels broke and there's also a half inch gap in my door and its frame. She even sent me text message stating those panels have been cracked for years why did they break all of a sudden. Its causing my bills to increase and its getting colder and... View More

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answered on Oct 26, 2022

Deposit your rent with your local municipal court and seek an order compelling the landlord to make repairs. DO NOT STOP PAYING RENT, just pay it to the court instead.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Ohio on
Q: Can a real estate broker that manages a property for a foreign llc act as the attorney for the llc in an eviction. Ohio
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answered on Oct 26, 2022

No.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
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answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: How can I go about getting a local bar shut down due to criminal activity? Multiple shootings happen at this bar.

The bar is in my neighborhood and I am sick of the crime it brings.

Nicholas P. Weiss
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answered on Oct 19, 2022

In some limited cases, you can bring a claim for nuisance against the bar and seek to enjoin it from operating. This is typically done by the municipality, sometimes by a community development clinic or other non-profit, and very infrequently done by private individuals.

While you certainly...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: I'm co-owner of two time shares. Is there a way I can remove me from the deed(s). Is it possible to do a quit claim?

The other party is being very uncooperative and will not answer calls or letters...

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answered on Oct 19, 2022

Yes, you can quit-claim your interest in the property to the other co-owner.

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