Ohio Questions & Answers by Practice Area
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Ohio Questions & Answers
Q: I want to seperate from my husband but i have a question about the paper work.
Joseph Jaap's answer
Did the father ever establish paternity of the children? Is there a question of paternity or child support? If not, then the court probably would treat the children as "issue of the marriage" for determining parenting issues, even though technically, they might not be. That should be clearly stated in the divorce forms and filings. Use the Find a Lawyer tab to consult a local divorce attorney to assist you, especially since children are involved.
Did the father ever establish paternity of the children? Is there a question of paternity or child support? If not, then the court probably would treat the children as "issue of the marriage" for determining parenting issues, even though technically, they might not be. That should be clearly stated in the divorce forms and filings. Use the Find a Lawyer tab to consult a local divorce attorney to assist you, especially since children are involved.
Q: My father passed away last April, he left his wife and 5 children of which 4 had different mothers than his wife.
Joseph Jaap's answer
Use the Find a Lawyer tab to consult a local estate planning attorney who can review all the facts of your situation, the assets you have, what you and your wife want to happen with them, etc. There are several things you can do to minimize the need for probate, but every family situation is different. Your attorney can also discuss other important documents you both should have, including financial power of attorney, health care power of attorney, and living will, to provide instructions...
Use the Find a Lawyer tab to consult a local estate planning attorney who can review all the facts of your situation, the assets you have, what you and your wife want to happen with them, etc. There are several things you can do to minimize the need for probate, but every family situation is different. Your attorney can also discuss other important documents you both should have, including financial power of attorney, health care power of attorney, and living will, to provide instructions...
Q: Landlord will not fix well issue or hotwater issue, its been 3 weeks now. What can we do?
Joseph Jaap's answer
Send landlord written notice of the problem, then begin paying your rent on time each month into escrow with the court. Landlord will then have to apply to the court to get the rent, the court will schedule a hearing, and landlord will have to explain what is being done to fix the problem. If the court is not satisfied, then the court can withhold the rent or even terminate the lease if you want it terminated. Advise the landlord accordingly. You could even possibly terminate your lease now,...
Send landlord written notice of the problem, then begin paying your rent on time each month into escrow with the court. Landlord will then have to apply to the court to get the rent, the court will schedule a hearing, and landlord will have to explain what is being done to fix the problem. If the court is not satisfied, then the court can withhold the rent or even terminate the lease if you want it terminated. Advise the landlord accordingly. You could even possibly terminate your lease now,...
Q: My 16 yo is pregnant. She has moved out and lives with her boyfriend and his parents. What are we still responsible for?
Joseph Jaap's answer
If she is not married, then you as parents still are legally responsible for support, and she is under your control. See this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
You could involve child services and require her to return home, or they could put her in juvenile detention. The parents of her bf could be in trouble for assisting her in her delinquency. Use the Find a Lawyer tab and consult a local family law attorney who can...
If she is not married, then you as parents still are legally responsible for support, and she is under your control. See this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
You could involve child services and require her to return home, or they could put her in juvenile detention. The parents of her bf could be in trouble for assisting her in her delinquency. Use the Find a Lawyer tab and consult a local family law attorney who can...
Q: My mother had pass away and my sister is a minior, What do i have to do in ohio to file guardian? what are the steps?
1 Answer
| Asked
in
Family Law, Adoption, Child Custody and Probate
for
Ohio
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Joseph Jaap's answer
Check with local child services about what to do. You must file with the probate court to be appointed guardian. Check with your local probate court, but you will probably need an attorney to assist you with that. Use the Find a Lawyer tab to consult a probate attorney that does guardianship.
Check with local child services about what to do. You must file with the probate court to be appointed guardian. Check with your local probate court, but you will probably need an attorney to assist you with that. Use the Find a Lawyer tab to consult a probate attorney that does guardianship.
Q: If my tenant violated their lease by having a dog, which the lease says no. How does the eviction process work?
Joseph Jaap's answer
What does your lease say happens if tenant defaults? Does it give tenant a certain number of days to fix the problem? If not, then getting rid of the puppy won't help tenant. Tenant has breached the lease, and can be evicted. In Ohio, you then give tenant 30 days written notice of the breach (3 days for non-payment of rent). If tenant doesn't leave by that date, then you give another notice to tenant, wait 3 more days, then file the eviction action. Use the Find a Lawyer tab to consult an...
What does your lease say happens if tenant defaults? Does it give tenant a certain number of days to fix the problem? If not, then getting rid of the puppy won't help tenant. Tenant has breached the lease, and can be evicted. In Ohio, you then give tenant 30 days written notice of the breach (3 days for non-payment of rent). If tenant doesn't leave by that date, then you give another notice to tenant, wait 3 more days, then file the eviction action. Use the Find a Lawyer tab to consult an...
Q: What happens when the custodial parent takes the kid of state for a week vacation without notifying the other parent
Joseph Jaap's answer
Use the Find a Lawyer tab to consult a local family law attorney. You have options on what to do, and an attorney could review all the facts of the situation and advise you. If she does not give notice as required, then you could file a motion seeking to have her held in contempt, or the court could order her to comply with the order in the future. But if you intend to file for a change in parenting and custody, then your attorney can better advise you of the options based on all the...
Use the Find a Lawyer tab to consult a local family law attorney. You have options on what to do, and an attorney could review all the facts of the situation and advise you. If she does not give notice as required, then you could file a motion seeking to have her held in contempt, or the court could order her to comply with the order in the future. But if you intend to file for a change in parenting and custody, then your attorney can better advise you of the options based on all the...
Q: If a project loan expires due to the contractor taking too long to finish the job is the contract voided
Joseph Jaap's answer
If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the job. But he could file a lien and could sue you. Use the Find a Lawyer tab to consult a local attorney to review the contract and advise you.
If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the job. But he could file a lien and could sue you. Use the Find a Lawyer tab to consult a local attorney to review the contract and advise you.
Q: Is it illegal to have 6 people living in a two bedroom apartment...three of those people are children.
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning, Landlord - Tenant and Municipal Law
for
Ohio
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Joseph Jaap's answer
It might not be "illegal," but could violate local zoning codes. Check with your local building department.
It might not be "illegal," but could violate local zoning codes. Check with your local building department.
Q: As a buyer do I have to sign a request to extend the closing date? What am I liable for if I do not?
Joseph Jaap's answer
Use the Find a Lawyer tab to consult a local real estate attorney to review your contract and the situation and advise you about your options and any liability. It depends on your contract for purchase.
Use the Find a Lawyer tab to consult a local real estate attorney to review your contract and the situation and advise you about your options and any liability. It depends on your contract for purchase.
Q: I'm 17 and have recently graduated from high school. Can I leave the state to attend college without my guardian consent
Joseph Jaap's answer
You are a minor, so you might have to obey whoever has legal custody of you until you are 18. Here is a link to more information: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
Talk to your HS counselor or principal, or other trusted adult, and ask them talk to your grandmother and mother, or to help you find assistance.
You are a minor, so you might have to obey whoever has legal custody of you until you are 18. Here is a link to more information: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
Talk to your HS counselor or principal, or other trusted adult, and ask them talk to your grandmother and mother, or to help you find assistance.
Q: Can I get my rent back if the house is unsafe and he's taking forever on repairs. Mold, no heating or cooling upstairs
Joseph Jaap's answer
You probably can't get back the rent already paid. But you should send landlord a written notice with proof of delivery, like certified mail or FedEx, that specifies all the problems. If not fixed in a reasonable time, then you can start paying your rent each month on time into escrow with your local court. Call them to ask about the process to do that. After you begin the process, if the landlord wants the rent, the court will then schedule a hearing for the landlord to explain what is...
You probably can't get back the rent already paid. But you should send landlord a written notice with proof of delivery, like certified mail or FedEx, that specifies all the problems. If not fixed in a reasonable time, then you can start paying your rent each month on time into escrow with your local court. Call them to ask about the process to do that. After you begin the process, if the landlord wants the rent, the court will then schedule a hearing for the landlord to explain what is...
Q: My daughter is incarcerated and she has two children trying to see what we do to retain custody of her kids
Joseph Jaap's answer
Talk to child services and retain a local family law attorney to assist you. Use the Find a Lawyer tab.
Talk to child services and retain a local family law attorney to assist you. Use the Find a Lawyer tab.
Q: I just bought a house and it has serious health hazards. Can I pursue legal action against seller, Realtor?
Joseph Jaap's answer
You can sue the seller, realtor, and the inspector, but it will be very expensive and take a long time, and in the end, even if you win, you might collect nothing. The inspector's contract probably limits his/her total liability to refunding the cost of the inspection. The listing contract with the realtor probably also disclaims any liability, and if the realtor did not make any statements to you about the home being in good condition, then the realtor probably has no liability. Your claim...
You can sue the seller, realtor, and the inspector, but it will be very expensive and take a long time, and in the end, even if you win, you might collect nothing. The inspector's contract probably limits his/her total liability to refunding the cost of the inspection. The listing contract with the realtor probably also disclaims any liability, and if the realtor did not make any statements to you about the home being in good condition, then the realtor probably has no liability. Your claim...
Q: My mother is in her nineties and has a house with a home equity loan of $80,000 will her beneficaries be responsible
Joseph Jaap's answer
Unless any of the beneficiaries co-signed on the loan, none will be personally responsible to pay it. If there are not sufficient amounts in your mother's estate to pay back the loan, then the house or other assets will have to be sold to repay the loan. Any amount left over would then be distributed per her will, or if she has no will, then as provided by Ohio law. If there is not a sufficient amount to pay back the loan, none of the beneficiaries will have to pay. Use the Find a Lawyer...
Unless any of the beneficiaries co-signed on the loan, none will be personally responsible to pay it. If there are not sufficient amounts in your mother's estate to pay back the loan, then the house or other assets will have to be sold to repay the loan. Any amount left over would then be distributed per her will, or if she has no will, then as provided by Ohio law. If there is not a sufficient amount to pay back the loan, none of the beneficiaries will have to pay. Use the Find a Lawyer...
Q: Does the written noticed have to be given to me on paper and not on a text message ? After the notice how long will
Joseph Jaap's answer
The Ohio law requires that the notice be given to the tenant/defendant "by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted." The landlord must testify that a notice was given to you by one of those two methods. If not, then the court should dismiss the eviction, and the landlord will have to start over...
The Ohio law requires that the notice be given to the tenant/defendant "by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted." The landlord must testify that a notice was given to you by one of those two methods. If not, then the court should dismiss the eviction, and the landlord will have to start over...
Q: I have a rental agreement that says when it starts and then it says with the option to buy for 85,000 but it has no end
Joseph Jaap's answer
If the lease only specifies a monthly rent amount, and no end date or renewal terms, then it could be considered a month-to-month lease, which can be terminated at the end of any month by either landlord or tenant giving at least 30 days written notice, for any reason, or for no reason. So if the landlord wants you out, the landlord can give you 30 days notice, and then if you don't leave, begin an eviction. Use the Find a Lawyer tab to consult a local attorney to review your lease and advise...
If the lease only specifies a monthly rent amount, and no end date or renewal terms, then it could be considered a month-to-month lease, which can be terminated at the end of any month by either landlord or tenant giving at least 30 days written notice, for any reason, or for no reason. So if the landlord wants you out, the landlord can give you 30 days notice, and then if you don't leave, begin an eviction. Use the Find a Lawyer tab to consult a local attorney to review your lease and advise...
Q: My son is going to Hawaii with his dad from Ohio do I need to give him a letter of consent
Joseph Jaap's answer
You should know where they are going. Read the terms of the parenting agreement that was part of your divorce to see if it answers your question. There might also be standard terms of the court incorporated into that agreement and divorce decree which specify what sort of notice is required for ex-spouses taking a child on vacation. It might also specify requirements for you to be able to remain in contact with your child when with your ex. If you have such a good relationship, he should...
You should know where they are going. Read the terms of the parenting agreement that was part of your divorce to see if it answers your question. There might also be standard terms of the court incorporated into that agreement and divorce decree which specify what sort of notice is required for ex-spouses taking a child on vacation. It might also specify requirements for you to be able to remain in contact with your child when with your ex. If you have such a good relationship, he should...
Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him
1 Answer
| Asked
in
Business Law, Intellectual Property and Trademark
for
Ohio
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Joseph Jaap's answer
A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
Q: What amount qualifies for the federal gift tax?
J Timothy Bender's answer
I believe you are asking about the annual gift tax exclusion amount. For 2017 a person can give $14,000 to an individual without there being a taxable gift.
I believe you are asking about the annual gift tax exclusion amount. For 2017 a person can give $14,000 to an individual without there being a taxable gift.
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