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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father passed away back in April 2020. He had a will done and a Trust done after my Mother passed away back in 2012.

The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: I have a question about a will and Trust my Father had done after my Mother passed away in 2012. My Dad died April 2020.

My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 1, 2021

Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: Is it my right to have a substances retested?

Long story short I know what I had an weight when I got arrested but saying i had something else an different weight.

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Through your lawyer, yes, you can have independent experts examine the suspect substance. The state labs will often retest upon request as well.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: My daughter is 19 years old ran away in the middle of the night how can I get her back?
Andrew Popp
Andrew Popp answered on Oct 4, 2021

Unless she is under a Guardianship/mental disability, you can't. When a person turns 18 the parent has no legal right to require their return. I suggest reaching out and trying to improve the relationship if you want to see her again.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: Trespassing vs fourth amendment

Private club. Former member refusing to leave our property.

He has mobile home on property and refusing to remove it.

Informed that we have to give him access to and from his trailer.

Is he allowed to roam the 30 acre property or can we prevent that?

Joseph Jaap
Joseph Jaap answered on Oct 1, 2021

File an eviction action and after he is evicted, if he returns, call the local police for any trespassing. Use the Find a Lawyer tab to retain a local real estate attorney to file the eviction.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Case law where denying police from taking evidence photos via access by an easement of specific driveway purpose only?

Claiming to visit neighbor who has easement for driveway purposes, they went down my driveway behind house and photographed unlicensed vehicles on my property only visible from the easement. Can it be used as evidence? Thank you

Andrew Popp
Andrew Popp answered on Sep 23, 2021

A more detailed analysis of the situation is necessary to answer your question. There are a few sites you can visit to do some of your own case law research for free. (Links Below) Alternatively, you can visit your local law library to conduct research. Best of luck.... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I bought a house 3 years ago. There was no disclosure at closing that a in ground pool was buried in yard. I now have

a sink hole in the yard where the pool was. What can I do? Are there legal avenues to take?

Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

If the seller had removed the pool, and there were no problems, there might have been no duty to disclose it. Find out the cost to correct to the sinkhole problem, then use the Find a Lawyer tab to retain a local real estate litigation attorney to review all the facts and advise you what action... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Been talking to a girl here for a few months she's 17 and 6 months out from 18, parents don't approve

I want to be with her to as she's done alot to catch my attention how should I proceed? I'm in Ohio and the age of consent is 16 and I'm a bit confused on how that works exactly any help or advice would be much appreciated

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 20, 2021

You are a creep. To ask this question you know its wrong regardless of whether it is legal. You should obey her parent's wishes until she has completed school and has started her career. Career is not a part time job

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: in a civil forfeiture they took 800k, I am innocent. It's been 94 days and I still have not received notice of forfeit

I cannot find where this civil place is to file a claim and no one will tell me where to go to get my funds and I cannot find it on line anywhere? They are supposed to send me a notice of forfeiture within 60 days and it is much longer now. How can I find this civil place that is holding my money?... Read more »

Matthew Williams
Matthew Williams answered on Aug 3, 2021

You need to sit down privately with an attorney. It sounds like someone, its unclear who, affected a civil forfeiture and took your money and, if that wasn't bad enough, you under criminal investigation. That's a lot going on to try to deal with by yourself.

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 15, 2021

You need to check first with your local zoning ordinance. There should be a provision regarding fences and set back from property line. Your fence may be in violation of the set back rules. Allowing your neighbor to connect to your fence may be less expensive than removing your fence and placing... Read more »

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1 Answer | Asked in Civil Litigation for Ohio on
Q: I had my wedding rings stolen from my mother's house when I stayed a few days to visit. I contacted the police

The police said I was considered a resident because I visited my mom for a few days and it was a civil matter. I don't live in her home so I'm not sure how I am a resident. What can I do to retrieve my stolen property? What are my rights?

William Lehner
William Lehner answered on Jul 5, 2021

If your mom has home insurance, see if it covers personal property, then file a claim.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Ohio on
Q: Can an unlicensed contractor.demand payment for sub standard work.he did nothing legal to perform according to the law

He tricked us into thinking he was licensed and knew what he was doing.he didn't and now he wants 35000.00 when we did not agree to that

Matthew Williams
Matthew Williams answered on Jun 11, 2021

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

1 Answer | Asked in Civil Litigation for Ohio on
Q: When separating from a relationship can I take appliances I have receipts for
Joseph Jaap
Joseph Jaap answered on Jun 7, 2021

You can try. But if the police are called, they might say to go to court to settle it.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Can I be evicted during covid
Joseph Jaap
Joseph Jaap answered on Jun 7, 2021

Yes, a tenant can be evicted. The CDC imposed a moratorium, but only for non-payment of rent - not for other reasons. That expires on June 30,2021, but some courts have ruled that it is unconstitutional. So tenants can be evicted. Check with your local court.

1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughter is being harassed by a teacher. Is there a way to get a letter out to make it stop?

The teacher has targeted my daughter on multiple occasions and after having a sit down meeting with her and the principal, how can I get notice to her that legal action will be taken to stop the harassment?

Tim Akpinar
Tim Akpinar answered on Jun 5, 2021

An Ohio attorney could advise best, but your post remains open for two weeks. Such a letter could be possible. If you consulted with an attorney, before writing such a letter, they would probably want to know more about the matter and all the issues involved, as well as protocols followed by the... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: If I have poa of a friend who's mentally disabled can I speak for her in court for eviction?

She is unable to speak without trailing off on other subjects and not making sense.

Andrew Popp
Andrew Popp answered on May 25, 2021

You may be able to speak, but the Court will likely still want her to give an accounting as well. As POA you usually have the ability to hire an attorney for her if needed. An attorney usually DOES speak on behalf of the Client. Alternatively, you could petition the Probate Court for a temporary... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Probate for Ohio on
Q: In a case where the plaintiff, a beneficiary, filed against the new co-trustees since the original trustee resigned upon

Breach of duty since an accounting had never been provided in 1st trust of several yrs the 2nd trust also. The B O Duty against the orig trustee was asking for accountability of missing assets was denied in the hearing since the trustee resigned. The co-trustees in turn sold property of the trusts... Read more »

Andrew Popp
Andrew Popp answered on May 24, 2021

I'm sorry you're having to deal with this. On review of your facts, I do not see a question being asked. Trusts were originally based on the law of contracts. While some statutes govern general principles of Trust management etc., the specific provisions of the Trust can sometimes... Read more »

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