My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More 
answered on Mar 28, 2024
Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.
The CFPB issued an interpretation in 2014 stating:
the creditor's written acknowledgement of the successor as... View More
I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More
answered on Mar 28, 2024
The landlord or owner of the property cannot evict you because there is a disabled person living there, if the tenant is otherwise in default they certainly may evict for the breach of the landlord-tenant agreement. The lawyer has a breach of the attorney client privilege if they did work for you.
I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More
answered on Mar 29, 2024
You'll need to talk to an attorney ASAP if you are being required to vacate by this weekend. Whether or not the writ was signed or has different dates, the sheriff could show up to execute on it and allow the landlord's moving crew to enter and remove all your belongings out to the curb.... View More
I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More
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answered on Mar 30, 2024
Facing a Writ of Possession in Ohio, you have a few potential options to consider. Firstly, if the writ contains discrepancies, such as varying dates and lacks a judge's signature, you may be able to challenge its validity in court. It's also crucial to look into filing a motion to stay... View More
Called them back they said an appointment else for the community take a drug test we went in took a mouth swab we told him THC would be the only thing and that the allegations will be over with now they're telling me they want to talk to my kids and see my home the allegations were made were... View More
answered on Mar 28, 2024
They cannot compel you or your kids to talk with them. The risk you run is that they will construe everything that occurs from that point afterwards with an eye towards your being uncooperative. It will not stop them from having increased scrutiny upon you, and talking to everyone you know and all... View More
Now we said the aligation r over with weed is legal we failed for nothing else what's next step
answered on Mar 28, 2024
A child welfare protection agency has broad powers. Depending on what else they find in their investigation, they do have the ability to either enact a safety plan with a family means that they will have increased scrutiny upon the family, file a complaint with the local juvenile court for... View More
Now we said the aligation r over with weed is legal we failed for nothing else what's next step
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answered on Mar 28, 2024
I wouldn't celebrate just yet. Marijuana is legal by state law. Alcohol is legal by state law. People still have investigations opened due to alcohol abuse. Many courts also still view marijuana use as a predictor of bad parenting. Unless you have a medical card I'd reduce my marijuana... View More
I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.
answered on Mar 28, 2024
Mediation is merely voluntary negotiations. This means that if the parties don't agree, as is your case the matter must be decided by the court. Courts decide matters by holding trials. If you truly want shared custody you need to invest in hiring a lawyer to represent you in court. Look... View More
My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.
My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.
answered on Mar 27, 2024
The probate courts in different counties of Ohio have different rules for when property can be distributed. In most counties I've worked in, real property cannot be transferred until the Inventory in the estate has been filed and/or approved. Some counties can transfer personal property... View More
I am her legal Guardian and will pay it back, I am on the bank account
answered on Mar 27, 2024
A guardian can only use funds for the person over whom they are acting as guardian. Using funds for personal use could open the guardian to personal liability, civil and criminal action. Use the Find a Lawyer tab to consult a local estate planning attorney to discuss the guardianship.
The girl just turned 15 and he will be turning 17 in a couple weeks. Is it against the law for him and her to continue dating when he is 17? How does the law apply to this type of scenario? If two people are dating and they are both minors, but one is older than the other by a year and a half, when... View More
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answered on Mar 25, 2024
Dating or having sex? Dating is not illegal at that age, obviously we are assuming parents are ok. However, when the young man turns 18, she will be turning 16, I am presuming shortly after…It would not be statutory rape because she is 16 (the age of consent). If she is 15 then it would be... View More
... charge of theft. But no other charges or convictions. In 2022 I had both cases sealed/expunged. Had my gun rights been disabled? Are they now restored? How can I find out?
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answered on Mar 25, 2024
Hello. No, your gun rights are not automatically restored once they have been disabled. You would have to petition the courts to have your rights restored, and must demonstrate to the Court that you meet the requirements to have your rights restored. Please remember that sealing and expungement... View More
I'm looking to move out against my parent's wishes. I have a checking account. I'm the sole owner of but my parent has access to and transfers funds to use for my college education. There is no written agreement or contract on how the funds will be used. Can I still use the money or... View More
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answered on Mar 25, 2024
When money is deposited into your checking account, and you are the sole owner, legally, the funds typically become yours. However, since the money was given by your parents for a specific purpose, such as your college education, there's an implied understanding about how it should be used.... View More
She is in Florida jail and I live in OHIO . The account would be in my name and used for her.
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answered on Mar 25, 2024
If you are obtaining a Power of Attorney (POA) to manage your daughter's financial matters while she is incarcerated, it's crucial to understand its scope and limitations. The POA should specifically allow you to handle her tax matters and bank accounts. Ensure that the document is... View More
We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).
How can I get my EX name off the property since I have been the only one paying the... View More
answered on Mar 25, 2024
What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More
If members post pictures of items containing registered trademark brands. Is that a crime?
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answered on Mar 22, 2024
The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More
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answered on Mar 22, 2024
If you have a financial power of attorney (POA) for someone who is currently incarcerated, you generally have the authority to manage their financial matters, including depositing checks on their behalf. This includes federal income tax refund checks. However, the specific actions you can take... View More
I don’t want any responsibility as we are close o divorce
answered on Mar 22, 2024
In Ohio, spouses have marital rights (called "dower rights") in all the real estate owned by the other spouse, whether their name is on the deed or not. So when selling or mortgaging any real estate, both the owner named on the deed, and the owner's spouse, must sign. The spouse... View More
I don’t want any responsibility as we are close o divorce
answered on Mar 22, 2024
In Ohio, dower is the right of a spouse to one-third of their deceased spouse's real estate, including the right to live on the property and receive rent or profit from it (contingent upon one spouse surviving the other). Dower rights are intended to protect spouses who don't own the... View More
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