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Questions Answered by Andrew Popp
1 Answer | Asked in Probate for Ohio on
Q: cuyahoga county ohio Probate no will filing to become admin and a bond has been requested

only asset is home and only sibling has no interest in property. Have been advised to do quick claim deed at end but am wondering why not advised to do a disclaimer or renunciation now as would this not require bond?

Andrew Popp
Andrew Popp answered on Sep 20, 2021

Disclaimers do not avoid probate. A disclaimer means that the heir who is disclaiming is deemed to have predeceased the person that he or she is inheriting from. The next person set to inherit under Ohio's Rule of descent and distribution would then inherit the property.

I take it...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How long does a property mgmt company have to fix a broken elevator? It's been 6 weeks.

This is the only elevator in a 5 story building.

Andrew Popp
Andrew Popp answered on Sep 17, 2021

I would suggest reviewing the contract between the Owner of the Building and the property management company to see what the terms of service require. Beyond that, you would need to evaluate the particular circumstances to see if there is good cause for the delay. If not, there may be a breach of... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: How many dogs can a single household house in the city of Westerville Ohio?

I'm curious because I would like to care for dogs in my home and wanted to know what the city deemed appropriate for one household. I figured if I knew the number it may help my application for a variance or special use permit. I personally would never house more than 5 dogs at one time. Thank you!

Andrew Popp
Andrew Popp answered on Sep 17, 2021

There are multiple factors here that need to be considered based on the facts you provided. I suggest sitting down with a business or real estate attorney in or adjacent to Westerville. For your reference, the City Ordinances can be found at the URL below.... Read more »

1 Answer | Asked in Small Claims for Ohio on
Q: How I do I get my things back?

Hello! My ex-fiancé told me after we broke up that he would bring me my things as I left quite a bit at the apartment we shared. It has been over 4 months now and he has not brought me my things or responded to my texts. I don’t mind having to go get my things but I don’t know if I can legally... Read more »

Andrew Popp
Andrew Popp answered on Sep 17, 2021

I suggest contacting the landlord and coordinating a time to obtain your things. You can also reach out to law enforcement as they often act as a peacekeeper to ensure no issues arise while you are retrieving your things.

Best of luck.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Hello sir. I bought a puppy in early august for 600$ everything was fine then theytext me dog was sick and i had to pay

I had to pay 450$ then as the month goes on no dog i had to pay for food was200 then it went 300 . now they wont a special crate for 800 but the lady i bought the from said she pay300 then he told he demanded his money he calling the police for abanden thdog i called the dublin ohio police they... Read more »

Andrew Popp
Andrew Popp answered on Sep 17, 2021

No question is asked here. For guidance on your specific situation you will need to sit down with an attorney to review the facts in detail. There are numerous additional factors that will need to be evaluated to determine what rights you may have.

Best of luck.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: My biopsy was canceled because the hospital didn't have the right equipment there. Do i have grounds to file a lawsuit

I was checked in and taken back to the pre-op area.i had changed clothes and in the bed when i was taken to another area of the hospital and informed that my surgery was canceled because they did not have the right equipment there.

Andrew Popp
Andrew Popp answered on Sep 10, 2021

I do not see an actionable claim based upon these facts. If you were harmed or charged for this you may have some minimal recourse, but it sounds like the hospital did the right thing overall. Maybe if you traveled a long way and incurred significant costs, the hospital should reimburse you if... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence

i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.

Andrew Popp
Andrew Popp answered on Sep 9, 2021

Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you... Read more »

1 Answer | Asked in Banking for Ohio on
Q: PayPal is holding $2200.00 of my money. They have already held for180 days. are continuing to hold it. Can they do this
Andrew Popp
Andrew Popp answered on Aug 31, 2021

It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... Read more »

Andrew Popp
Andrew Popp answered on Aug 31, 2021

Yes, you have an obligation to return the money.

2 Answers | Asked in Traffic Tickets for Ohio on
Q: I got a speeding ticket, sheriff was sitting in a driveway to abandoned property for sale. Is that legal ?

Meaning is that legal for him to be sitting there? Does law enforcement need permission to be parked in driveway of private property in Ohio? Also was half mile from where limit posted I would have been legal. And I had no traffic, clear road conditions

Andrew Popp
Andrew Popp answered on Aug 31, 2021

It is legal and does not invalidate your speeding ticket.

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1 Answer | Asked in Criminal Law and Small Claims for Ohio on
Q: If a (client) friend fails to pay you (contractor) for a job they hired you to do and they refused to pay after it was

Done and you took a razor blade and undid some of your work could I be charged with a property damage charge and how do I go about getting paid.

Andrew Popp
Andrew Popp answered on Aug 30, 2021

Yes, you can be charged with property damage. In order to get paid you would need to file a lawsuit against the friend. Breach of contract would be the cause of action.

Best of luck.

1 Answer | Asked in Divorce and Domestic Violence for Ohio on
Q: Can I, and how do I go about, scheduling a Deposition and calling on a Witness to participate— without an attorney?

I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.

Andrew Popp
Andrew Popp answered on Aug 30, 2021

The Ohio Rules of Civil Procedure are the place to begin. See the link below:

https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Depending on where you are, I would check to see if there are any local rules which pertain to the manner in which...
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2 Answers | Asked in Probate for Ohio on
Q: Do I need a lawyer if im the closest living relative and my dads house is morgaged out and the car is a lease.

No will just tools and household goods. No life insurance. Im selling his things to pay for funeral and burial.

Andrew Popp
Andrew Popp answered on Aug 26, 2021

You need to go through probate. As it stands you do not have the legal authority to sell your father's tools and household goods. Doing so now can expose you to criminal and/or civil penalties. It's not necessarily about needing a lawyer, although you probably do, it's about doing... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Probate: Can I hire an attorney from outside of the county the probate was filed? How are probate attys paid?

Executor has withheld her husband from most of his family years before he passed, cut off ties, likely blocked phone numbers, moved him to Florida. Will was suddenly changed 7 months before his passing. It excludes 5 out of 6 of his children. Will prior to executor meeting husband, still exists,... Read more »

Andrew Popp
Andrew Popp answered on Aug 13, 2021

To answer your question, yes you can hire an attorney who's office is outside the County probate was filed in. I would however, encourage you to find an attorney who practices in that County as each county Probate Court has their own rules and nuances. The other thing I will say is that... Read more »

1 Answer | Asked in Traffic Tickets for Ohio on
Q: One of my sons just got pulled over he used his brothers social security number who be in trouble he may gave name

He may have given his name also I do not know this yet I don't want my other son to be in trouble can you help me

Andrew Popp
Andrew Popp answered on Aug 12, 2021

Yes, that can be an additional criminal charge. I suggest sitting down with a criminal defense attorney in your area to discuss. Keep in mind that attorneys cannot solicit or contact you directly, you will need to initiate contact.

Best of luck.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My God daughter's parents would like to name me as a stand by guardian in case they become incapacitated or die.

Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.

I did try contacting the... Read more »

Andrew Popp
Andrew Popp answered on Aug 12, 2021

In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.

Best of luck.

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1 Answer | Asked in Family Law for Ohio on
Q: she got the cpo and then 2 weeks later snuck and moved in while i was at work
Andrew Popp
Andrew Popp answered on Aug 9, 2021

Call the police. If she is trespassing in your property they need to remove her. Otherwise, if she has a legal right to be there, or if you fail to act you may run into tenancy issues and need to pursue eviction proceedings. You may want to sit down with an attorney in your area to discuss in... Read more »

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