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Questions Answered by Mark Martin Turner
1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A business is charging me for services I never asked for or scheduled with them. What can I do?

A well chlorination company cleaned the well of a house I'm in the process of buying and when I told them a week later that it didn't pass the county's water test they went back out to the house to re-chlorinate without my consent or scheduling anything with me and are charging me... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jun 30, 2021

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... Read more »

2 Answers | Asked in Business Law for Ohio on
Q: If a business is sued, could I lose my house?

I am retired and have a self-publishing business part-time to sell books I have written. If I use my residential house address where I live for this business address, and if someone sued the business, would it be possible for me to lose my house?

Thank you.

Mark Martin Turner
Mark Martin Turner answered on Mar 15, 2021

The answer is it depends. If you are operating your self publishing business without the protection of an LLC or other entity, then yes you could be found personally liable and have your personal assets, such as your home. Even if you have your business in a corporation or LLC, there are some... Read more »

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3 Answers | Asked in Estate Planning and Health Care Law for Ohio on
Q: Will durable powers of attorney for Missouri be honored in Ohio?
Mark Martin Turner
Mark Martin Turner answered on Jan 22, 2021

As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri... Read more »

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4 Answers | Asked in Probate for Ohio on
Q: My father passed away july 2020. after living with us for 15 yrs. We built onto our home for him to have his own area.

He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jan 21, 2021

If there is nothing in your father's estate, no car, no home, no bank accounts, etc. that were owned only by him at the time of his death there is nothing to Probate, and your brother is not entitled to anything. Joint accounts are transferred to the joint holder, same with the car. Your... Read more »

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2 Answers | Asked in Contracts, Estate Planning and Probate for Ohio on
Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »

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

Yes, the will is still valid. A new executor would need to be appointed by the probate court and any limitations on transfers to the then minors would have expired.

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4 Answers | Asked in Probate for Ohio on
Q: Does a will have to go to probate in Ohio if there no assets to speak of?

My father passed away last month. The attorney who did the will is retired, possibly deceased. The bank named in the will as Executor has since been sold. They are telling me they don't do that, even though the will names the bank or it's successor. There is no real estate involved. Mom... Read more »

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

If the only asset is a joint account, there are no assets to probate. Make sure there is not any real property owned in his name only. If there is real property jointly owned, a filing with the county may be needed, but I don't believe, given that the sole asset is a joint account, that any... Read more »

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1 Answer | Asked in Business Law for Ohio on
Q: We own a roofing company. We sub-contract all of our jobs. A chimney repairman disappeared from the job. How long do we

It seems he has blocked our number. How long do we allow him to be MIA before hiring someone else?

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

It depends on the language of the contract but you can treat this as an anticipated breach of contract. If he is avoiding your calls and not responding to e-mails, you can cut him loose now. Send an e-mail stating that. You have an obligation to mitigate any potential damages caused by his... Read more »

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...
Read more »

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...
Read more »

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