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1 Answer | Asked in Traffic Tickets for Ohio on
Q: Followed by officer, I went in a private parking lot, parked and went in store. Can I still get ticket from the officer?

So I was driving and changed the song on my phone, a police officer from the opposite lane over saw me, turned on his lights, and started making a u-turn my way. I quickly went in a private grocery parking lot, I parked my car, and went in the store. I saw the police officer driving around the... Read more »

Matthew Williams
Matthew Williams answered on Apr 28, 2020

It sounds like you slipped away. But if he got your plate he could theoretically still issue a ticket.

1 Answer | Asked in Probate for Ohio on
Q: To probate $45,000 condo that has mortgage, by Ohio law do I have to inform the mortgage company that my aunt has died?

My aunt died 02/01/2020. Her disabled son still lives in the condo and makes $900/month. He has been paying the mortgage for almost 2 years. She still owes around #35,000 on the condo.

Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

You have two processes that need to take place. First, you need to contact a probate attorney to help you probate your aunt's estate. That will enable the transfer of the house (and any other assets of hers) to her heirs at law (if she has no will) or her devisees (if she has a will). Second,... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is their any ordinances not allowing people from out of town to move in to a new rent house in trumball county Ohio.

Right now because of Covid-19

Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Ohio is under the emergency orders from the governor to stay at home and to self-quarantine. It is unlikely that any local governments have passed specific virus-related ordinances -- but they could have. Use the Find a Lawyer tab to retain a local attorney who can check for local ordinances.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Evictions can still be filed with the court, but eviction hearings and many other court activities are currently suspended in OH. When courts re-open, the hearings will resume, and you could be evicted then. An eviction is a permanent court record that can make it difficult for you to rent from a... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: I am in the process of filing for divorce. We reside in the same rented home is there any way to have him leave

Before the divorce is finalized, the household situation has become hostile and we have children as well. I know legally the rented home is his as well as mine but I am the only person employed and covering all the bills, including the rent

Cathy Cook Esq
Cathy Cook Esq answered on Apr 25, 2020

You are correct that both of you have a right to be in the residence. In Ohio, there is no uniform rule regarding one spouse having exclusive occupancy. Rather, this is governed by the local rules of each county’s domestic relations court. You will need to see if your situation fits the local... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: My mom passed away. The will states that my nephew can live there till he is 20. He is 12 now.

It states that my siblings and I are to be responsible for the insurance, taxes, and a small loan on the house until his 20th birthday. He gets to live there with my sister his mother rent free. Is this legal to do? Can I be forced to pay taxes, insurance and the note for 8 years or lose my... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 24, 2020

There is no way to answer such questions without a careful review of the will, the deed to the house, and all the facts of the situation. The will must be filed with the probate court and an executor appointed to administer the estate. The executor can retain an attorney to assist with the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: May we withhold our rent until our landlord takes care of our problem?

I live in Ohio me and a friend share a house we asked the landlord a month and a half ago about the mouse problem and he said he would get around to it and never did he may have just forgotten but I want to make it a point to keep him on his toes because I feel like he blows us off this would be... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 24, 2020

No, you do not have the right to withhold rent. If you do not pay rent in full, landlord can evict you. Instead, tenants must give landlord written notice of a problem, and a reasonable amount of time to fix it. If not fixed, then tenant must deposit the full rent on time into escrow with the... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: The leasing office undid a signed renewal to change monthly rent amount. Is that legal?

I signed and submitted the renewal contract. A week later they undid the signed renewal and increased the rent amount. They said the amount in the contract was not correct. This seems illegal. If I wanted to void the contract a week after signing, there would be a penalty. How can they modify it if... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you signed the renewal first, and landlord hadn't signed the renewal, then landlord could decide not to sign it, and instead, change the rent amount and send you a revised renewal to sign. But if you and landlord both signed the renewal, and then landlord came back and changed it, then landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord terminate a lease because of selling the house?

I moved in and signed a year lease in October of 2019. Two months ago he has people coming to look at the house and said he was planning on selling all of his rentals eventually, but not to worry everything was a process and would take time and I would have plenty of time to move out. Now he's... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

Landlord cannot legally force you out if you have a valid written lease that you both signed. Your lease remains in effect if landlord sells, and it is binding on any new owner until the expiration date specified in the lease. The new owner must honor the lease, must follow its terms, and can't... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My grandparents passed away recently & verbally told me items they wanted me to have when they died, however, I don’t

know if I’m in the will, or if there even is a written will. My father has refused to let me see a copy of the will, so I’m assuming there is one, & has told me that there were bonds left to me from my grandparents. He has used the bonds to try to control when I come to visit him, & if I do... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you don't feel comfortable unless there are lawyers involved, then retain a lawyer to review the situation and advise you of your options. Use the Find a Lawyer tab to retain a local probate attorney who can check the probate records to determine if a will has been filed or if probate has... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I believe the wiring for my kitchen stove is faulty, because two stoves have blown up, or short-circuited, since I've

lived here (7/18). I've been without a stove now for almost 2 weeks. Can I expect a reduction in rent?

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

No, you can't expect a reduction in rent. You can talk to landlord and give written notice. If not fixed in a reasonable time, then you can start paying your rent in full on time each month into escrow with your local court. Check your court web site for the rent escrow form and process. If you... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: im 12 and my brother is 16 i have video evidence of him hitting me he just started choking me could i send him to jail
Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

No, you can't send him to jail. Talk to your parents.

1 Answer | Asked in Bankruptcy for Ohio on
Q: What questions will I be asked by the trustee at a Chapter 7 361(a) hearing?

Nothing additional

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Apr 23, 2020

I believe you meant 341(a) hearing. Section 361 of the bankruptcy code deals with adequate protection payments. At the Meeting of Creditors (aka 341 the Meeting of Creditors) the chapter 7 trustee will ask questions regarding your petition and schedules you previously submitted. For example, the... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What, if anything, changes about visitation during this stay at home order?

My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 22, 2020

If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord wants to show the home I am renting to a prospective buyer during covid-19 stay at home order. Can I refuse?

I have explained that I am uncomfortable with anyone coming into my home during the stay at home order. They are now going to show my home on thursday. Do I have a right to refuse entrance for a showing during this time?

Joseph Jaap
Joseph Jaap answered on Apr 22, 2020

OH law says that landlords can show the premises to prospective buyers by giving tenant reasonable notice, typically 24 hours. But there isn't much landlord can do if a tenant refuses -- other than filing an eviction. But OH courts are suspended, so they are not doing any evictions. It could... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was working for amazon when I came down with symptoms for COVID-19. Can I sue then for wrongful termination?

This was before America had any knowledge of the virus. I came down with all of the symptoms and a horrible full body rash. The hospital also had no idea what was going on. Amazon let me go because I couldn’t work due to me being extremely sick. Can I sue for wrongful termination?

James J. Hux
James J. Hux answered on Apr 21, 2020

You may be able to pursue a claim against Amazon. Contact an employment law attorney as soon as possible to discuss your situation in more detail.

Attorney James J. Hux

Hux Law Firm, LLC

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2 Answers | Asked in Employment Law for Ohio on
Q: Can my employer require me to wear a mask in my office?
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Yes. Safety equipment, including masks to prevent infectious disease, can be made mandatory by an employer. If you have a medical or religious objection, you may be able to receive a reasonable accommodation, but absent evidence of discrimination the employer can require this.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: at what age is a minor legally able to be emancipated?

we have custody of my step daughter age 12. she has lived with us for 2 years and visited mom every other weekend plus half of school breaks. her mom who lives in indiana keeps telling her she can be emancipated at age 15. daughter has ODD, anger issues and anxiety. what do you say about what her... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Ohio does not allow for minor emancipation. Indiana has no minimum age for emancipation, so she can file whenever she likes in Indiana. Whether she will get it is another thing.

1 Answer | Asked in Child Custody for Ohio on
Q: I gained custody of my daughter but owe arrearages because of making direct payments can I now get a child support order

Mother won't disclose payments to judge

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

If you have custody then yes, you can obtain a child support order for payments. This doesn't help you with your arrearages, though, as payments made directly to the obligee instead of through CSEA are considered gifts. You could ask for the arrearage to be waived based on the direct payments, but... Read more »

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