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Questions Answered by Mark Martin Turner
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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