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Questions Answered by Andrew Popp
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... View 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... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Ohio on
Q: How do I sue a landlord after ceiling falls in on me . And it’s not my landlord ?
Andrew Popp
Andrew Popp
answered on Aug 9, 2021

The same way you sue anybody else. Any property owner must ensure that the real estate is reasonably safe for those who come onto the property. The specific duty of care required depends on the particulars of the situation. It would essentially be a negligence claim. I recommend you sit down... View More

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We found a stray dog that we have been taking care of for a week. The local shelters would not take him.

We went to the house where we suspected the dog lived twice. We were informed by the woman in the house that the dog belongs to her brother who is homeless and on drugs. She told my boyfriend to keep the dog because she couldn't take it. We have had the dog for 1 week, and the alleged owner is... View More

Andrew Popp
Andrew Popp
answered on Aug 9, 2021

If it's his dog and wants it back, you have no right to refuse him. Dogs are treated like personal property under the law with few exceptions. If the dog is running lose, you can contact animal control if you're concerned. Otherwise, if he agrees to give you ownership you can take the... View More

3 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should my sister sign a waiver giving permission for her uncle to handle his late brother's estate

My sister is a part of that estate

Andrew Popp
Andrew Popp
answered on Aug 5, 2021

Until an attorney can review the entirety of the situation it's difficult to provide you with advice. As Mr. Epling said, a probate attorney would be needed to look at the current circumstances and discuss the options available to you.

Best of luck.

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2 Answers | Asked in Probate for Ohio on
Q: My mother gave me her home before she passed. As next of kin and owner do I own the contents of the home?

Her trust is still in probate so I wasn’t sure if I could move furniture out. Nobody in the family wants it.

Andrew Popp
Andrew Popp
answered on Aug 2, 2021

I agree with Mr. Epling. The contents of the home are generally considered tangible personal property. Only "fixtures" go with the home. (A/C, water heater, e.g.)

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1 Answer | Asked in Personal Injury for Ohio on
Q: Could you sue a shop for causing your hair to fall out?

The people at this shop were braiding my hair but they were braiding it so tight that it caused a bald spot

Andrew Popp
Andrew Popp
answered on Jul 30, 2021

Potentially. However, any monetary recovery would likely be very small and not worth the time and effort and expense of pursuing.

2 Answers | Asked in Elder Law for Ohio on
Q: Can copies of durable powers of attorney be notarized? An attachment made to it? Originals lost.

My parents lost their original notarized copies of powers of attorney, naming myself as able to take care of finances, etc. They are both in assisted living, both with dementia, but able to still sign and converse. I have copies of the originals, is there a way to notarize these somehow? Add a... View More

Andrew Popp
Andrew Popp
answered on Jul 29, 2021

That's an interesting question. You are essentially trying to have a new POA created with the same terms as the old POA. As phrased, the answer is probably no, but there may be ways around it. Keep in mind that you shouldn't need the original POA when acting for your parents for most... View More

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1 Answer | Asked in Business Law for Ohio on
Q: I am starting my own personalized puzzle business and am not sure about what images I can include in my puzzles.

Can I use school mascots and names? What about poems or popular quotes? If a person is on a local sports team (non professional, such as Little League), can I include their name in the puzzle? I have purchased my images from a website and have created templates, but if I want to personalize the... View More

Andrew Popp
Andrew Popp
answered on Jul 29, 2021

To a certain extent, it's going to depend on each item. Look for things that are in the public domain or attribution free. Otherwise you need to get authorization and/or pay to use trademarked or copyrighted materials.

1 Answer | Asked in Copyright for Ohio on
Q: how does it work when a minor has a car in ohio, and turns 18? is the title in his name at first?

I’m a 17 year old minor. I’m buying my 25 year old brother’s car soon. Person to person sale. How does the title work? Would it go in my parent’s name and when I’m 18, I need to change it or it automatically changes. Or is it in my and their name, and it automatically removes when I’m 18?

Andrew Popp
Andrew Popp
answered on Jul 29, 2021

You cannot own property as a minor. The car would be in your parent(s) name. When you turn 18 it does not automatically change. They would have to either gift, or sell you the car. You would take that to the BMV for a new title and pay the associated costs.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: If I did not sign a ticket do I still pay or what do I do (speeding)
Andrew Popp
Andrew Popp
answered on Jul 29, 2021

Refusing to sign the ticket does not change things. You still need to either pay the ticket or dispute it,

1 Answer | Asked in Criminal Law for Ohio on
Q: why am i receiving a letter from office of the clerk united states district court southern district of ohio?
Andrew Popp
Andrew Popp
answered on Jul 26, 2021

The letter should tell you. If you're unclear, bring it to an attorney for review. All I can say is, don't bury your head in the sand. Official correspondence from a Court should not be avoided or ignored. Failing to act usually only makes matters worse.

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on
Q: I got arrested in Puerto Rico on vacation and I don’t remember anything awls I know is I woke up in the hospital bed

I Was never told I was being charged with anything or in trouble

Andrew Popp
Andrew Popp
answered on Jul 26, 2021

No question is asked here. If you have a general legal question feel free to post. For a definitive answer about your particular situation and advise on options available to you, a full consultation with an attorney would be needed.

Best of luck.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I rent from my parents. Can they move someone else in and tell me either deal with it or leave?

My partner and I have rented from my parents since March. No lease, but an informal list of expectations was sent via facebook messenger. My mother decided that my sister and her boyfriend could move in earlier this momth, and that if I have a problem I could move out. I cannot afford to move out;... View More

Andrew Popp
Andrew Popp
answered on Jul 26, 2021

In short, yes they can. You are free to negotiate a new lease agreement with them taking the change into consideration, but it is their house. If additional issues arise and you are unable to stay there, you can try to argue constructive eviction, but that can be difficult. For a detailed... View More

1 Answer | Asked in Personal Injury for Ohio on
Q: My daughter was suicidal and pregnant I called the cops and they didn't take her away few weeks later she died from an

She died from an overdose and the baby died do I have a case against the cops

Andrew Popp
Andrew Popp
answered on Jul 26, 2021

It's unlikely. Police have immunity from liability from civil cases in all but a few instances. For a definitive answer you would need to sit down with an attorney to review the entirety of the situation in detail.

1 Answer | Asked in Estate Planning for Ohio on
Q: My mother pasted away and I received a RECEIPT AND WAIVER from her lawyer, it's vague. What is it for?
Andrew Popp
Andrew Popp
answered on Jul 23, 2021

Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... View More

1 Answer | Asked in International Law and Probate for Ohio on
Q: My Canadian husband died intestate in Ohio. I'm a US citizen. We had no children. He has 1 adult child in Canada.

His Canadian estate consists of the contents of a storage container of household goods in BC and stock in a Canadian company at the time of his death. He was a resident of BC prior to joining me in Ohio. He did not own any vehicles, bank accounts or real estate in Canada. His US estate consists of... View More

Andrew Popp
Andrew Popp
answered on Jul 21, 2021

A detailed analysis of all the pertinent facts is necessary before anyone can give you a definitive answer. I recommend sitting down with a probate attorney in your area for a full consultation.

2 Answers | Asked in Probate for Ohio on
Q: Father passed no will no spouse. My bro in same state as Dad. I live diff state. How protect my inheritance rights?
Andrew Popp
Andrew Popp
answered on Jul 21, 2021

Your rights are protected as a matter of law. Since your father had no will you are ineligible in Ohio to become the administrator of the estate as you are not an Ohio resident.

Without a Will your father's assets will pass according to Ohio's intestacy statute. (O.R.C. 2105.06)....
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp
answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
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