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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: If you in your mom fights constantly & she doesn't want you there & you don't wanna be there can u move out at 16
Joseph Jaap
Joseph Jaap answered on Feb 25, 2020

No, you can't move out. A lot of problems are because teenagers don't like the rules their parents set, but parents get to make the rules. Talk to your mother about it. Also talk to a teacher, school counselor, family member, or other trusted adult about the problems.

1 Answer | Asked in Estate Planning for Ohio on
Q: How is an estate property divided.

My dad passed away, me and my 3 brothers were named as beneficiaries in item 1 of the will. Item 2 states that if we do not survive him the property goes to his grandsons. So here is the question, 2 of my brothers passed away and one of them has children. Are his children entitled to his portion or... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2020

It depends on exactly how item 1 was worded. The 1/4 interest of each of the two deceased brothers might pass to be divided among each brother's children. Use the Find a Lawyer tab to retain a local probate attorney to review the will, answer questions, and assist with the probate process.

2 Answers | Asked in Probate for Ohio on
Q: Ohio my wife and I are listed on warranty deed to home valued at $195,000. She died. Must I probate home to remove her.

3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.

Paul Kellogg
Paul Kellogg answered on Feb 25, 2020

If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an affidavit that has a... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: What are my chances at custody if my child’s father has served time in jail for domestic violence?

My child’s father has served jail time on two occasions for domestic violence, my child was visiting him every other weekend until recently. My child has seen his dad in arguments, being kicked out of the residence of his significant other, and being taken away by the cops when visiting with his... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 25, 2020

When determining custody, the courts will take many factors into consideration. A criminal history (especially domestic violence) would weigh against the father and would be in your favor in terms of determining custody.

Your facts lead me to ask another question though, what is your end...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex husband wants his girlfriend to watch our kids while he is at work during his summer visitation. Its 3 weeks.

We have standard visitation. I'm the residential and custodial guardian. He gets them every other weekend, every other holiday etc. I want them to spend the time with their dad but don't feel comfortable with her watching them alone for 3 weeks half of the day. Is there anything I can do?

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

It depends on what your parenting agreement says about parenting time if the parent is not available. Check that agreement or talk to the attorney who handled your divorce.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won'.

Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won't. I asked for ALL disclosed problems and he said muffler and coil pack which he fixed, then he called me a day later saying the steering column is messed up and he said I can pay... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

If you can't work it out, you will have to sue in small claims court up to $6000, or in municipal court up to $15,000. Over that amount, sue in common pleas court. You would have to prove there was a warranty covering the problem or that the dealer failed to disclose known problems. Use the Find... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I had a fabulous tenant for three years who suddenly went MIA. PD searched property in case the worst happened.

What we found instead was that he left town and handed keys to a friend of his son's, telling him he could just have the place. The lease clearly states no sub-leasing, but no notice was even attempted. PD advised me that Ohio law changed and I no longer have to evict as he does not have "legal... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

Ask the police for the reference to the change in the law they mention. Unless they can provide that, then if the son won't leave voluntarily and you change the locks, he could sue you. Use the Find a Lawyer tab to retain a local real estate attorney to assist you.

1 Answer | Asked in Family Law for Ohio on
Q: I'm 16 about to be 17 and i want to live with my cousin can i legally leave my moms house without her consent
Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

No, you can't. You could be sent to juvenile detention, and your cousin can get in legal trouble. Talk to a teacher, school counselor, family member, or other trusted adult about your situation.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: If my 17 yr old son gets someone pregnant do I have to pay for the baby? She will be 18 in May. Muskingum county

They have been talking about wanting a baby I have done everything I can to keep them apart. But he sneaks out. If they get pregnant do I have to pay support for the baby? She will be 18 in May 2020 and he will be 18 in September 2020.

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

Unless she is pregnant already, the baby would be born after both are 18, and no longer minors. She would pay medical expenses for the delivery, then she can file for him to pay child support until the child reaches age 18.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: I will be 18 in about two weeks, my mom is mentally, emotionally & physically abusive. Can I leave legally w/o her know

I have a family who would be willing to let me live with them bc they have known the long history of her abuse, and have encouraged me to leave. I graduate from High school in 3 months, is his even realistic for me to do? Can I do this legally and how can I keep her from bothering me or trying to... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

Talk to a teacher, school counselor, or other trusted adult about your situation. When you are 18, you are no longer a minor. If you leave, will you still have health insurance, car insurance, other support?

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I form 2 LLCs or just 1?

I want to form an LLC form my freelance graphic design company, Im the only employee for now. I also wish to sell t shirts, posters and such under same brand. Like how Disney for example creates movies and sells apparel. Would I need to form two seperate LLCs or just the one and create a dba for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

There are both legal issues and tax issues to consider. You'll first need to talk to your business tax adviser about your tax situation and the plans for your business, to determine the preferred organization structure. Then use the Find a Lawyer tab to retain a local business attorney to help... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Ohio on
Q: Is there any way to find out the results of a medical malpractice suit? My dad, who was suing is now deceased.

My dad passed away before the suit was settled. We were more concerned with him & the time we had left together and never asked for any details regarding the lawsuit. We never even asked who his attorney was.

After he passed my grdma told others about all the $ she was getting from his... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

I'm sorry for the loss of your father. If you know nothing about the case, as in not knowing who the defendant was or who the attorney was, you could try the databases of the Ohio court system if you're fairly certain the case would have been litigated in Ohio. This is something an Ohio attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm about to turn 16 can i legally leave my parents house without consent then come back

So my mom says she wants me out her house but when i leave she calls the police.

Joseph Jaap
Joseph Jaap answered on Feb 21, 2020

You are your parents responsibility until you are 18. They can get in trouble if they kick you out, and you can get in trouble if you leave. Talk to a teacher, school counselor, or other trusted adult about your situation at home, or call local children's services.

1 Answer | Asked in Child Custody for Ohio on
Q: Can my boyfriends ex wife use my text messages against him for child custody
Joseph Jaap
Joseph Jaap answered on Feb 21, 2020

Text messages can be admitted as evidence in court. He should retain a local family law attorney to represent him.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My ex fiancee will not give me my things including gifts, can I sue her? Who pays the cost?

My now ex fiancee and I have broken up. I have moved out per her request. I have been given many of my things back, but she has taken every gift her and her family has ever given me. She also has many of the items I brought into the house when I moved in, including items that belong to my children.... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

You can claim attorney fees when you sue her, but the judge is unlikely to make her pay those if you win. Unless there is a specific statute that specifies attorney fees, then each party usually pays their own attorney fees -- unless the judge uses discretion to make one party pay the other's... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Can someone who is married and has the deed to a home in their name only sell the home?

My mother is married and is trying to get a divorce, but is having issues with Domestic violence, she is the only one on the deed and is wanting to sell the home so her husband will leave her alone can she sell the home ,her mother bought the house for her. She then made monthly payments until... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

She cannot convey the property without her husband signing the deed. So she must file for divorce. In the divorce, she can claim that her mother bought the home for her, and the home is her separate property. The court will then decide what happens with the house, and can order the husband to... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Hello! My ex and I were married in CT, lived in FL, he told me not to return to the house, I left and am homeless.

He still resides in FL, trying to figure out where to settle and my fiancee and I want to get married, trying to finalize our divorces but it's very difficult to do because of our situation with our exes. Can you help us?

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

Your spouse is not your ex if your divorce has not been finalized. Use the Find a Lawyer tab to retain a local divorce attorney where your divorce case is pending to represent you to finalize it.

1 Answer | Asked in Child Support and Divorce for Ohio on
Q: In ohio doing my own dissolution paperwork, do I need to fill out the forms for child support if we are not doing it?

The packet I got online says the child support forms need to be filled out but we are not asking for child support from each other.

Anthony C. Satariano
Anthony C. Satariano answered on Feb 19, 2020

The answer is, most likely yes.

In a dissolution, the parties largely get to control the terms of the agreement. But, all domestic relations courts require that you disclose a wide variety of information and complete all of their required forms.

The court's website is your best...
Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: How long does the executor of a will have to distribute cash assets to the beneficiaries?

Will was filed with the court on October 29th 2019

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

At a minimum the executor should wait 6 months from the date of death as that is the time creditors have to file claims against the estate. However, the time frame can vary greatly depending the size and complexity of the estate.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Please help, I am trying to keep my dads house out of probate after he dies.

I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house... Read more »

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