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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law, Civil Rights and Constitutional Law for Ohio on
Q: Wtf does this mean

So I quit claim deed was given to me 7 years ago and I've been going through a divorce for almost that amount of time and it was just finalized a week ago Thursday and I went to file and paid the convenience fees and the recording fees but something wasn't on the deed a number I... Read more »

Andrew Popp
Andrew Popp answered on Oct 4, 2021

You need to sit down with an attorney in your area so he or she can take a detailed look at your situation. This issue is going to be to involved for an answer on this forum.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Small Claims for Ohio on
Q: Is it illegal to build a snowman using snow from someone else's property?

They don't have a fenced in yard or any signs that say private property.

Andrew Popp
Andrew Popp answered on Sep 23, 2021

It sounds like you may be trespassing on their property. For a definitive answer you need to sit down with a local criminal defense attorney to evaluate the specifics of your situation.

Best of luck.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 14, 2021

Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.

However, if you took care of your mother for 2...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Retaliatory $100 rent increase after inspection. Any recourse?

I complained to my elderly landlady how cold my tiny rental house (mo.-to-mo., no lease) was this winter, and the vents clogged with dust. Nothing was done. So I applied for a low-income energy inspection through an OH state dev. program (COAD). I got approved & an inspection date. I informed... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2021

With only a month to month lease, there is no guarantee of rent, and no limit on any rent increases, even if they seem retaliatory. A month to month tenancy can be terminated by either landlord or tenant by giving 30 days notice in writing. So try to work it out with landlord after she calms... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does having Appraisal gap nullify appraisal contingency ?

Does having Appraisal gap nullify appraisal contingency ?

As a buyer, I have an appraisal contingency of walking out from the offer if the appraisal is less than contract price.

However, i also have an appraisal gap of bridging the cost upto a certain amount.

I have changed... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 12, 2021

To be certain an attorney should review your purchase agreement. Most that I have seen allow you to terminate the contract if the appraisal comes in lower, but you usually have to notify the seller that you are terminating the contract within a specific amount of time

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: Is it wrong to ask my landlord questions?

All i asked him was if he cleaned the restroom before moving in and i wasnt rude about it and he said if i wasnt happy he will give the security deposit back and he has 20 other people wanting in.

Joseph Jaap
Joseph Jaap answered on Sep 2, 2021

Nothing wrong to ask. But landlord doesn't need a reason not to rent to you. If landlord is discriminating on the basis of race, sex, age, etc. then you might have a claim.

1 Answer | Asked in Civil Rights, Juvenile Law and Real Estate Law for Ohio on
Q: Can I kick out my child once they turn 18 or do I have to legally evict from my home?

Said child is a troubled youth to put nicely with a list of juvenile offenses and a domestic violence. He has a drug addiction and has stolen from myself as well as his brothers and causes much turmoil in the home. Some say I have to evict since he receives mail other's say no. I am trying to... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 23, 2021

If you don't follow the proper eviction process, then he could sue you for unlawful eviction, and the court might order you to pay him monetary damages. But the eviction process takes a few weeks, and the situation could become uncomfortable at home during that time. If he makes threats of... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Oct. 2019 we purchased an older home that was completely updated & have issues…

We’ve recently found out the final building inspection wasn’t done or approved by the City, have found flooding issues in the garage and discovered the plumbing vent for our master bathroom was never connected at all. None of this was disclosed to us and is not on any paperwork we signed. Not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 9, 2021

Your recourse against the sellers/flippers most likely will not exist. They did not reside in the house and therefore would not be required to complete a seller's disclosure statement. More than likely you had no communication directly with the Seller/flippers and therefore no fraudulent... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: The place I signed a lease at wants me to sign a replacement lease for moving to a different apartment.

I don’t want to live there and I had signed an original lease for a two bedroom but they now want me to sign another for a different apartment. If I didn’t sign the replacement lease can I not move in all together?

Joseph Jaap
Joseph Jaap answered on Aug 6, 2021

The old lease remains in effect and valid until landlord and tenant mutually terminate the lease. If you don't sign the new lease, then they can't legally make you sign a new lease and move. But if they try, then use the Find a Lawyer tab and retain a local real estate attorney to... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can a landowner leave his child a life estate and grandchild a remainder with a transfer on death designation affidavit?

This question refers to a transfer on death designation affidavit created under Ohio Revised Code Section 5302.22.

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Aug 5, 2021

No.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a seller disclosed that they were occupying a property when they were not, if that considered fraud?
Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

It would depend on all the facts and if a buyer incurred any damages because of it. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and all the facts, and advise you if there is any basis for a fraud claim.

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, how soon after a COA annual meeting should the board distribute the minutes?

Our condo board (in Ohio) maintains that they do not have to publish annual owners meeting minutes until the notice of the following annual meeting. This is a year from now and will reduce transparency and accountability in the meantime. We expected to be able to review these minutes after two... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 16, 2021

The Owners Association is governed by Ohio Revised Code Chapter 5311. The Association is controlled by the Board of Directors, and the Board is governed by the Association's by-law. According to R.C. 5311.08 the by-laws can determine:

These rules may govern any aspect of the...
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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can the sole executor of a will add a family member to the estate to refinance a property in the estate?
Aaron Epling
Aaron Epling answered on Jul 15, 2021

This leaves a number of questions unanswered. You should seek counsel.

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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 Land Use & Zoning and Real Estate Law for Ohio on
Q: Can my mom still use a well for water.

My grandfather had some land where his house is. He gave some to my mom and uncle. My mom and grandfather and mom went half on the well. The well sits on his property. My grandfather passed away and his second wife is selling the house. My mother has used the water for 14 years. Can my use the well?

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

If there is no written document regarding use of the well, then it could be a problem for her. Your mother can use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise her.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I need help with the translation of a HOA for a home we wil be purchasing.

The HOA is 76 pages and looks to be for the builders, developer presented to the City of Huber heights and Tipp City from 2008 or 2009.

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

HOA Declarations are typically that lengthy, but are fairly standard. Use the Find a Lawyer tab to retain a local real estate attorney who can review it with you. But they are not negotiable, and are nearly impossible to amend. So you have to be able to follow all the rules and restrictions.... Read more »

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