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Questions Answered by Mark Martin Turner
2 Answers | Asked in Estate Planning for Ohio on
Q: POA for my mom

My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told... Read more »

Mark Martin Turner
Mark Martin Turner answered on Sep 2, 2020

If your mother is not mentally competent, she will not be able to sign any POA. From your description, I believe this is the case. If she is in Hospice, my sympathies, I would continue to pay the premiums on the policy. When she passes, you will be able to make a claim on the policy by providing... Read more »

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2 Answers | Asked in Estate Planning for Ohio on
Q: Can a POA appoint another person or co-agent to help them?

My dad is currently in the hospital and my mom is his POA, I was wondering if she is allowed to request a co-agent such as myself to help her with his estate? I was not sure if she is legally allowed to appoint someone to help her without his verbal consent as he is not able to talk.

Mark Martin Turner
Mark Martin Turner answered on Aug 27, 2020

I agree with Attorney Jaap. Unless the POA contains specific language allowing for the appointment of a co-POA or to appoint you directly, she cannot appoint you and she must be the individual to sign all checks and other items requiring signature.

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1 Answer | Asked in Business Law for Ohio on
Q: My dance students paid money to enter competitions but the events were cancelled due to COVID. How can I get refunds?

Competitions are only giving credit, but some of our dancers are not returning to classes. Parents want a cash refund which involves thousands. Basically the competitions are holding our money forcing us to return to their competition.

By law do I have to give these refunds if I have not... Read more »

Mark Martin Turner
Mark Martin Turner answered on Aug 19, 2020

Clyde,

The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What do i need to do to ensure upon my grandfather's passing that I can transfer a car title into my name/ownership ?

I just want to make sure that when the time comes i dont run into any problems or delays. Both he and I want to make sure we have any paperwork needed in place to avoid issues.

Mark Martin Turner
Mark Martin Turner answered on Aug 8, 2020

I agree with Attorney Williams. Having a Transfer on Death placed on the title of the vehicle is the best way to ensure the transfer of the car to you. Alternatively, the title of the car could be changed to have you as co-owners with right of survivorship. (WROS). Either way will avoid issues.

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1 Answer | Asked in Business Law for Ohio on
Q: What restrictions are there for disclosing confidential business information if you feel it may not be accurate?

I’m an investor in a privately held company. The company emailed us investors financial statements for 2019 that included settlement amounts from a lawsuit involving an individual. That individual has asked me to provide the specific details regarding the settlement details from the provided... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jul 20, 2020

In general, you should not disclose settlements, either that they happened or the amount to anyone outside of the investors of the privately held company. It is highly probable that the settlement agreement itself has a confidentiality/non-disclosure provision that prohibits the disclosure of the... Read more »

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for Ohio on
Q: Is it legal in Ohio for retailers to refuse cash payment? All US monies have "Legal Tender" on them...

Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.

Mark Martin Turner
Mark Martin Turner answered on Jul 16, 2020

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

2 Answers | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can a property manger or reality company be sued for lack of property maintenance?

Leaky, molded hole in ceiling. Faulty wiring, rodent infestation

Mark Martin Turner
Mark Martin Turner answered on Jul 16, 2020

As a general answer, yes they can be sued, but every suit has different facts and each community has different codes about what is required as to maintenance. There may also be language in your lease about who is responsible for what aspects of upkeep and notice provisions to inform... Read more »

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2 Answers | Asked in Probate and Small Claims for Ohio on
Q: My mother passed away in Hawaii. Due to the pandemic, I wasn't able to travel there to take care of her personal affects

Since I couldn't go there my "estranged " daughter stepped up and cleared out her condo and sent me pictures of some personal items that she was to send me and I would pay for shipping. After she found out that I was left some money she told me that she wanted half of it and has... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jun 27, 2020

First and foremost, your mother died in Hawaii so her Probate will be controlled by Hawaiian law. You need to find a Hawaiian attorney to represent you and your interests. If it is similar to Ohio law, and she died without a will you should inherit everything, but move quickly so the assets of... Read more »

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2 Answers | Asked in Probate for Ohio on
Q: My mother in law going to recieve a substantial amount of money and a house through inheritance. Can she move into

the house now or does she have to wait. Mother-in-law sister died 3 weeks ago and left her the house

Mark Martin Turner
Mark Martin Turner answered on May 26, 2020

As a general answer, the Estate owns the house. The executor of the Estate could permit her to move in but does not have to until title transfers. If I were advising the Executor, I would not have a problem with her moving in so long as none of the other heir's objects and she takes over... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Attorney is stuck out of country with no other attorney in office to handle my Mom's estate. She was decease 4/12

. We cannot get ahold of him only through secretary. He won't tell us anything about her will or what is going on. His secretary just tells us to give up house keys. There is no debt. Money was all POD. Only thing left is house and car. I'm feeling like there should have been someone else... Read more »

Mark Martin Turner
Mark Martin Turner answered on May 18, 2020

First off, I don't fully know the situation with your Mom's attorney and I am not trying to step on anyone's feet. However, you are not required to use the attorney who has the will to open the Estate. You can use any attorney or at least any attorney that practices in the probate... Read more »

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1 Answer | Asked in Business Law for Ohio on
Q: Can a client who makes a reservation for a group (i.e. family photos) sign a liability waiver for the entire group?

Can a client who makes on online paid reservation to rent out our space for a family photo sign a liability waiver for the entire group? Or would we need to collect a signature from each person?

Mark Martin Turner
Mark Martin Turner answered on May 9, 2020

As a general rule, no. A parent may waive the liability of a minor or incompetent person under their legal charge. But not for another adult. I am assuming that this example is a true family, with multi-adults, not a company photo where there is a single liable person/entity.

The best...
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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I was sold and signed a contract for a year newer trailer than It really is. What do I do?

Signed the Contract for a 2021, received a 2020

Mark Martin Turner
Mark Martin Turner answered on Apr 12, 2020

If you were sold a trailer that the seller claimed was a 2021 model but was, in fact, a 2020 model, the seller has violated the Consumer Sales Practices Act, (CSPA) ORC 1345.02 (B) (2) among other sections of that act. You have a legal claim against the seller, especially if this representation is... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Hello my mom just passed away april 3 and I am next to kin are beloved family home of over 50 years was in her name

she was married so how would this go in the state of ohio if I want to put house in my name can I legally do this or can not because of her husband I need help with this process and if there is any other information that can help me thanks

Mark Martin Turner
Mark Martin Turner answered on Apr 10, 2020

First, I agree with Anthony that given the limited information you have supplied, there is no simple answer.

Did she have a will? In what name was the house, hers, individually or with her husband, or in a trust or LLC? Was it in your mother's name alone, or also in her...
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1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.

The removal estimate and install of new, is $6800.00. Lowes will provide a new shower surround wall and base but will not pay for the removal or installation of the new. What is my recourse?

Mark Martin Turner
Mark Martin Turner answered on May 24, 2017

Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?

If the cracks or because of misuse by the consumer, you may not have any...
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1 Answer | Asked in Consumer Law for Ohio on
Q: Can I sue a carpet co. for installing carpet through out house and causing damage to carpet, doors and walls.

Damaged was caused to doors and frame when they removed them to cut the bottom of the doors so they would move over top of the carpet. Doors were not cut high enough to pass over carpet and bottom fared the carpet. There is also a 1/8 gap in the carpet and can see the floor. The bedroom wall and up... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 20, 2017

The simple answer is probably yes under the Ohio Consumer Sales Practices Act (CSPA) and for Breach of Contract and/or Warranty. The installers did not perform in a workman like manner and caused damages. The CSPA has a 1 year statute of limitations and does have a provision that allows for the... Read more »

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: Can a car dealership come back and ask you for a co-signer once they have approved you for a loan, you have signed.

A car loan was approved by the dealership, all documents signed and the vehicle given to me. Now they called and want a co-signer. Is this legal? Do i have to give a co-signer after approval has been given?

Mark Martin Turner
Mark Martin Turner answered on Feb 17, 2017

Maybe. If the dealer required you to sign a spot loan agreement they may be able to do that. Such an agreement in essence states that you can have the car but your loan is under consideration and not yet approved. If you did not have such an agreement, or if you have documentation that the loan... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can a private music teacher force one to continue paying for lessons if one decides to discontinue the lessons?

My son was encouraged to take these lessons. They take place during the day at school and are given by a grad student not employed by the district. We signed a paper stating we would contine the lessons until May, but we are not pleased with the lessons and wish to find our own instructor. The... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 17, 2017

As with all contract questions, the answer to this depends on what is written on the contract. If the contract states that you must pay for 10 lessons and the student quits after 5, you will most likely be responsible to pay for the remaining 5 unless the contract itself has a clause that permits... Read more »

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for Ohio on
Q: Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?

Family business been around since 1998, became a single member LLC in Ohio in 2013 (though a disregarded entity/sole proprietorship to the federal government). We're looking to transfer ownership from fathers name to sons. Outside of getting account (banking, insurance, etc) setup in new... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 20, 2017

In addition to the previous answer, you should also review all of the LLC's contracts, leases, loans and other agreements to see if you have any personal guarantees that need to be transferred. In addition, make sure you contact your insurance agent. There may be some need for you as the... Read more »

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