answered on Jan 25, 2022
Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... Read more »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
It seems he has blocked our number. How long do we allow him to be MIA before hiring someone else?
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 »
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 »
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 »
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.
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.
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 »
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 »
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.
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.
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 »
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 »
Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.
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.
Leaky, molded hole in ceiling. Faulty wiring, rodent infestation
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 »
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 »
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 »
the house now or does she have to wait. Mother-in-law sister died 3 weeks ago and left her the house
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 »
. 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 »
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 »
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?
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... Read more »
Signed the Contract for a 2021, received a 2020
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 »
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