Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew Popp
1 Answer | Asked in Uncategorized for Ohio on
Q: My Girlfriend got arrested for failure to Appear to court and was supposed to go to court but she didn't go to court

Instead the jail said she had 30 days without seeing a judge. She didn't get any papers saying she had court before she got arrested or any thing like that is their anything that can be done

Andrew Popp
Andrew Popp answered on Apr 9, 2021

I'm sorry, but I don't see a question here. You may want to rephrase. Your girlfriend should either speak to a criminal defense attorney about her case, or her public defender if she qualifies and one was appointed.

Best of luck.

1 Answer | Asked in Personal Injury and Wrongful Death for Ohio on
Q: Can I sue the assisted living facility for negligence that caused my father's death? what type of suit would it be?

My father had dementia and was allowed to leave the facility in the middle of the night in the dead of winter. He ultimately froze to death and was found the next morning because he forgot how to get back or where he was going. He walked passed security and night staff, right out the front door.

Andrew Popp
Andrew Popp answered on Apr 7, 2021

That sounds terrible, I'm sorry for your loss.

Potentially yes. There may be a number of different causes of action viable in your case. These cases are generally very litigious. You need to sit down with a qualified attorney to review the case and discuss your options.

Best of luck.

1 Answer | Asked in Probate for Ohio on
Q: My niece got POA over 1 month ago. I requested she pick up secured vehicles. Her lawyer says it's my responsibility to

deliver to her. She said she will call police and say I stole it. This is crazy. Can I charge for storage? The attorney is Lisa Summers in Geneva.

Andrew Popp
Andrew Popp answered on Apr 7, 2021

I'm sorry, it's unclear as to what exactly is going on in your situation. A power of attorney gives authority for your named agent to take action on your behalf when the preliminary conditions have been satisfied. It does not change or alter the legal rights or responsibilities of the... Read more »

1 Answer | Asked in Domestic Violence, Libel & Slander, Criminal Law and Family Law for Ohio on
Q: In ohio, As a victim of a Aggravated menacing. What do I need to bring and expect in court?
Andrew Popp
Andrew Popp answered on Apr 7, 2021

This depends on what is happening in Court. Is the hearing an arraignment, pretrial, evidentiary hearing, deposition, trial? You can always contact the victim's advocate at the courthouse and they can go through general information with you.

Best of luck.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I signed a 2 year lease on house. One year into my lease my landlord died. Is my lease still good?

The land lords children inherited the house I leased and want to sell it. Their attorney sent a letter stating I had to move. I have never been late on my rent and keep the inside and outside of house very nice.

Andrew Popp
Andrew Popp answered on Apr 7, 2021

It depends on the terms of the lease. The lease is still good, but it may include provisions about early termination of the agreement. If you're unclear about your rights under the contract you may want to sit down with an attorney to go over with you in detail.

Best of luck.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: Bio dad and stepmother live in Ohio. I, bio daughter, live in Canada.

My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I... Read more »

Andrew Popp
Andrew Popp answered on Mar 31, 2021

These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition... Read more »

2 Answers | Asked in Public Benefits for Ohio on
Q: How much time can I get for penal code 2923.03 in the state of ohio
Andrew Popp
Andrew Popp answered on Mar 29, 2021

I agree with Mr. Williams. It depends on the underlying offense. The Ohio Supreme Court puts out a felony sentencing quick reference guide. You can look it up easily online. It may provide you with some basic information.

Best of luck.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: If a person had a bank as their rep. and also had them in the will, is the bank responsible for things after they pass?

Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle... Read more »

Andrew Popp
Andrew Popp answered on Apr 9, 2021

Some of the terms used here seem to be confusing the issue. Was there already a probate estate opened? When you say the bank was her personal rep., in what capacity? If the Bank's attorney is going to be the administrator of her estate, then they are entitled to a fee for their services.... Read more »

View More Answers

1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: My wife and I are currently helping her ex mother in law with caring for her house hold duties. Can we get traspassed

She is in a assisted living home. We have never caused any trouble or had the police called for doing anything wrong. We are there maybe 3 days a weeks for 2 hours that’s it. How can the property manager do this. She’s scared of the landlord and the landlord is a female. The landlord comes... Read more »

Andrew Popp
Andrew Popp answered on Mar 24, 2021

The short answer is probably yes. You may be able to contest the grounds for the trespass with the parent company who owns the nursing home, however. Ultimately, it may be better to move your ex-mother-in-law to another facility. For a more detailed answer I recommend sitting down with an... Read more »

1 Answer | Asked in Probate for Ohio on
Q: if some 1 pass away and kids stop paying on house and dont want it, and its in probate how do you buy the house

the house is not in foreclosure

Andrew Popp
Andrew Popp answered on Mar 19, 2021

The answer depends on a number of additional factors. What is your relation to the deceased? Is there a Will? Are there outstanding debts owed by the deceased? Are you a named beneficiary or heir? There is a specific procedure for land sales in the probate process. If, and how you can acquire... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: As executor of the will, along with my brother. When everything is final, do they send a certified check to me and my si
Andrew Popp
Andrew Popp answered on Mar 17, 2021

I agree with Mr. Jaap. Any distributions that are to occur through a Will must go through the probate process first. This can be a long, complex and expensive process, but is necessary if alternate estate planning tools are not utilized. I recommend sitting down with a probate attorney in your... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My Dad passed away in Ohio, I live in WV. Do I have to go to Ohio to get my inheritance?
Andrew Popp
Andrew Popp answered on Apr 9, 2021

How you get your inheritance depends on what the item is, and how it would get to you. If the asset was set to pass via joint ownership with rights of survivorship, or a beneficiary designation then no probate is necessary. If there are assets you are looking to obtain without these, then you are... Read more »

View More Answers

1 Answer | Asked in Social Security for Ohio on
Q: Ex-husband passed away about 4 years ago. We were married for 15 years 2 days. Pension (Opers)

I recently found out that he possibly had a pension through the Richland Co. Highway Dept. How do I get information on this as they told me since I am the ex they can’t give me that information? Mansfield, Ohio

Andrew Popp
Andrew Popp answered on Mar 8, 2021

Your options may be fairly limited. Was the pension addressed when the divorce/ dissolution was handled? The default in Ohio is that once a divorce occurs, the ex-spouse is treated as though he or she pre-deceased the other spouse.

You may be able to look into the probate court records...
Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: My Dad passed away and I am a beneficiary of his trust. I would like to know if this information below is even legal.

This information is in the trust. Is this even legal?

If the acting Trustee hereunder is either JOHN DOE or JANE DOE, then the beneficiaries hereunder shall have no claim against them, except for acts of intentional harm. If a claim is made, or complaint filed against JOHN DOE or JANE DOE,... Read more »

Andrew Popp
Andrew Popp answered on Mar 8, 2021

From the facts posted, the provision in this Trust seems to be a modified version of a "no-contest" clause. Courts in Ohio have upheld these provisions traditionally. That being said, every case is different and if you believe something wrong is occurring, there may be alternate ways to... Read more »

View More Answers

3 Answers | Asked in Probate for Ohio on
Q: In Feb 2021, I received a letter from a financial firm looking for relatives of an uncle who passed in 2015. What now?

My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »

Andrew Popp
Andrew Popp answered on Mar 5, 2021

I agree with Mr. Epling. It sounds like your uncle's estate already went to probate. You can look up what transpired in the probate court records. Depending on what county he lived in, you may be able to simply pull the records up online. That may give you an idea of what the status of his... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Andrew Popp
Andrew Popp answered on Mar 4, 2021

I agree with Ms. Stull. If the Bank account and title to the truck were not set up to transfer to you on her passing then you're stuck going to probate to address those issues.

Best of luck, and sorry for your loss.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: My father passed away in April 2020. His estate was filed into probate in August 2020. I am one of the beneficiaries.

There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... Read more »

Andrew Popp
Andrew Popp answered on Feb 24, 2021

The short answer is that you may not be able to get the proceeds right now. Probate can be a long complex process lasting multiple years if issues arise. Proceeds from the sale of the real estate will be subject to claims against your father's entire estate and is not just limited to... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My deceased father was the beneficiary of the policy but,as I stated I believe since my sisters was given power of

Over his estate does the mean she becomes the beneficiary or am I entitled to it

Andrew Popp
Andrew Popp answered on Feb 23, 2021

I'm sorry, your question seems to have been chopped up a bit. You may need to sit down with an attorney as there are some critical factors missing. What type of policy was he the beneficiary of? Did he ever receive any benefit from the policy? Power of attorney is not the same as being the... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Do both parents of a jointly owned house need to be probated? Mom died 2012. Dad names me sole heir in the will in Ohio.

Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or... Read more »

Andrew Popp
Andrew Popp answered on Feb 22, 2021

Whether or not your father would need to open up a probate estate for your mother depends on if he held title with rights of survivorship. If he has that right, then you would need to complete some basic forms including an affidavit of surviving spouse to get the title in your father's name... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: I need a certificate of heirship for my great grandmother died in Ohio . She wasn't probated. What documents do I need?

She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you

Andrew Popp
Andrew Popp answered on Feb 16, 2021

Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass... Read more »

View More Answers

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.