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1 Answer | Asked in Banking, Personal Injury and Probate for Ohio on
Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More

James L. Arrasmith
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answered on Mar 2, 2024

Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More

1 Answer | Asked in Tax Law for Ohio on
Q: My mother gifted me & my daughter a home in (she is alive) in 2017. When we sell do we have to pay step-up taxes?

My daughter and myself are both the owners, and my daughter holds the mortgage which is mostly paid off. We live in the Ohio.

James L. Arrasmith
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answered on Mar 1, 2024

Based on the details provided, here are a few key points regarding whether you would need to pay capital gains taxes when you sell the home that was gifted to you and your daughter by your mother in 2017:

- Since this was a gift from your mother, your cost basis in the home would be the...
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1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: What trespass and 4th amendment rights do residents in an HOA with "common" and "limited common" elements possess?

Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More

James L. Arrasmith
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answered on Mar 1, 2024

Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

3 Answers | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.

James L. Arrasmith
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answered on Mar 4, 2024

Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More

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1 Answer | Asked in Small Claims for Ohio on
Q: Collect a judgement against and LLC in Ohio.

I won a small claims case for unpaid invoice and won again after their appeal failed. Defendants have an LLC and an attorney that represented them in the case. I have sent them the amount due with interest as of this month with a due date that has passed. They have not responded to me at all and I... View More

James L. Arrasmith
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answered on Feb 27, 2024

To collect a judgment against an LLC in Ohio, you have several options available to you. After winning in small claims court and upon their appeal failing, the court has recognized your right to the owed amount. The next steps involve enforcing the judgment. You might consider garnishing the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: Is stolen property admissible as evidence if given freely by the thief?

If someone steals something, like a phone or files, and freely gives that information to the police, is it admisible as evidence against the person it was stolen from? This is assuming the police had no idea it was going to be stolen.

James L. Arrasmith
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answered on Feb 26, 2024

* No, stolen property that is freely given to police by the thief would generally not be admissible as evidence against the person it was stolen from. There are a few reasons why:

* The evidence was obtained illegally to begin with by the thief, so it would likely be excluded under the...
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1 Answer | Asked in Consumer Law for Ohio on
Q: Need advice, I don't know what I should report this as...

2 weeks ago, I bought a camper from a seller on Facebook Marketplace for $2500. When we bought it there was a problem with the title. He suggested we 'just use whiteout' to fix it, but we got him to agree he would fix the issue and get the title and bill of sale back to me, notarized,... View More

James L. Arrasmith
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answered on Feb 26, 2024

It sounds like you're dealing with a frustrating situation regarding the camper purchase. Given the repeated delays and the seller's failure to provide the promised title and bill of sale, it's understandable that you're feeling uncertain about what to do next. It's... View More

1 Answer | Asked in Probate for Ohio on
Q: I have an insurance check made out to my mother's estate. Can I just deposit that in her personal account so I don't hav

She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing

Joseph Jaap
Joseph Jaap
answered on Feb 26, 2024

The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: If a family has been here from Honduras for 7 years do they qualify for protected status?

I am helping this family they have 3 children, 2 were born here in the U.S. They fled Honduras, but they don't have their green cards or even work permits, so I am trying to help them with these things. What do they qualify for?

Thanks

Tracy

James L. Arrasmith
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answered on Feb 26, 2024

Tracy, it's commendable that you're looking to support this family. The question of whether they qualify for protected status in the U.S. depends on various factors, including current immigration laws and the family's specific circumstances. For individuals from Honduras, Temporary... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My ex girlfriend just gave birth to a baby that she says is mine, but there are actually questions around the paternity.

How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.

James L. Arrasmith
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answered on Feb 25, 2024

I would suggest taking a few steps to establish paternity:

1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative....
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3 Answers | Asked in Car Accidents for Ohio on
Q: Hi I was in a merging accident and I was the driver merging. I was side swiped by a speedin car. how am i at fault

How can I proof they are at fault with no evidence

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry about your accident. This is a tough case. Without video footage or impartial eyewitness testimony, it could be difficult to establish the speed of the other vehicle. Sometimes, experts could draw conclusions from the property damage. But that could be costly, especially in the realm... View More

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3 Answers | Asked in Car Accidents for Ohio on
Q: Hi I was in a merging accident and I was the driver merging. I was side swiped by a speedin car. how am i at fault

How can I proof they are at fault with no evidence

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2024

Evidence is in the form of verbal (testimony) and documentary (paper, maps, tapes, records). Being that you were involved in the accident, you should be able to provide testimony so you have evidence. On the other hand, a Judge has to weigh all of the evidence to determine fault/responsibility so... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: My neighbor has a situation. She has her children living with her but her ex husband still has an order for child

Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.

1 Answer | Asked in Internet Law for Ohio on
Q: If a durable power attorney is printed off the internet will it say it was prepared by a attorney at the bottom of it a
James L. Arrasmith
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answered on Feb 25, 2024

No, a durable power of attorney document that is printed off the internet would not have any indication it was prepared by an attorney at the bottom of it.

Durable POA forms found online are generally basic templates or sample documents that individuals can print and fill out themselves....
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1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Ohio on
Q: Is is fraud to have wedding ceremony but not get legally married? Marriage could negatively impact debt liability + SSI.

Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?

In this case,... View More

James L. Arrasmith
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answered on Feb 25, 2024

Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Criminal Law for Ohio on
Q: I just finished OVI court program 6 months ago and now on non reporting probation until dec of 2024.

However, I recently had a fail on my intoxalock of .029 and passed on the third try after about 30 min. The court contacted me and told me the judge has revoked my driving privileges until dec. If I hire an attorney to help me file a motion how long does it usually take for a decision? I have since... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

Hi! This is a bit of a difficult question to answer because it all depends on the judge. First, depending on the court's docket, the decision on your motion can take weeks to months. Good job for continuing to go back to counseling and continuing your efforts to improve. However, it is... View More

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