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2 Answers | Asked in DUI / DWI for Ohio on
Q: Granddaughter charged with underage consumption, OVI and blew .231 Would you recommend getting an attorney

This was her first offense. Commutes to college. Could she represent herself or would a court appointed attorney be wise.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 9, 2023

Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.

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1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

Aaron Epling
Aaron Epling
answered on Jan 9, 2023

You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get someone off the deed?

My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 6, 2023

Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
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1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: If a judge says no contact with ur children can the parents still get supervised visitation with their children?

The prosecutor and judge said no contact with our children, can we still get supervised visitation through children services?

Matthew Williams
Matthew Williams
answered on Jan 5, 2023

If there is a no contact order arising out of a criminal case, or out a juvenile court case, children's services cannot override such an order and permit visitation because they would literally be facilitating a crime. It is against the law to violate a no contact order.

1 Answer | Asked in Uncategorized for Ohio on
Q: Can children services remove my children without giving me any information regarding the removal?

My daughter went to school and lied claiming she’s being abused at home, the sheriff department raided my house and searched it. Children services took my kids. I’ve been given absolutely no documentation on the entire situation. Nobody returns my calls.

Denise Rini Esq
Denise Rini Esq
answered on Jan 4, 2023

Children and Family Services may only remove your children in an Emergency and need court intervention. You are entitled to a hearing within 72-hours where an attorney will be appointed.

1 Answer | Asked in Criminal Law for Ohio on
Q: If i get jail time do i have to serve it in the county the crime happened in? Can i ask to serve it in my county?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 3, 2023

Where you serve your sentence is determined by the correctional facility.

2 Answers | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can one co-defendant be released but not the others?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 1, 2023

Yes. Anyone charged with a crime that posts bail will be released regardless of co-defendants ability to post bail.

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1 Answer | Asked in Personal Injury for Ohio on
Q: Erie insurance wants response by tomorrow at the 2-year point of an accident, what can be done?

relative was hit by car and insurance company has delayed and wanted several of the same papers filled out over the two-year period, they want a response by tomorrow.

Tim Akpinar
Tim Akpinar
answered on Dec 30, 2022

An Ohio attorney could advise best, but your question remains open for two days, and the way it's written suggests that it's possible a statute of limitations issue might be looming. Only a local attorney could advise on this. If that is not the case, no need for urgency. But if that IS... Read more »

1 Answer | Asked in Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... Read more »

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: 10 years ago a judge ruled that the non custodial parent can claim the child on their tax return every other year.

The child spends very little time with the non custodial parent. Does the IRS requirements to claim a dependent override what the court ordered

Bridget Sciscento
Bridget Sciscento
answered on Dec 28, 2022

No. However, if you go back to Court, then the Court will likely allocate the dependency exemption/ credit to you.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is using a false address on a marriage license application enough to consider a marriage invalid in Lake County Ohio?

Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 27, 2022

We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... Read more »

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can you still file the bankruptcy if you cant find the title ti your car?
David Luther Woodward
David Luther Woodward
answered on Dec 26, 2022

of Course, you can!

Your DMV can sell you a new duplicate title for a matter of bucks, but having the title is not a necessity to filing a bankruptcy, but a good lawyer is.

Good Luck.

d

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1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: How do I find the paperwork from the sale of the house that my father owned
Moshe Toron Esq
Moshe Toron Esq
answered on Dec 26, 2022

The title company that handled the sale.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My mom passed away and she has a van in her name which my drug addicted nephew drives around in. Since the van is in the

Estate how do I go about getting the van back from him. My mom has 5 grown kids. If he was in a bad accident and killed somebody, I’m afraid we could all be sued. What should I do?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 26, 2022

Open the estate and report the car as an asset. As administrator/executor, report the car as stolen and inform the police where it is.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: Need an attorney for employment discrimination I got like 50 days to file lawsuit and the federal court EEOC gave me my
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

If the folks at the EEOC gave you your walking papers, which are called "notice of right to sue," you will trouble finding a lawyer to take the case unless you pay upfront. If they thought you had a good case, the EEOC would have kept it.

1 Answer | Asked in Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

1 Answer | Asked in Family Law for Ohio on
Q: My estranged husband is allowing my daughter to stay with him, and not attened school and I am truant? My options?

I am in Ohio and my estranged husband lives in KY. My 15 year old daughter who lives with me is refusing to come home because she doesnt want to go to school and he is not making her. She is 15 years old. I have proof where he has provided her with vapes, alcohol, and marijuana in the past but she... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

You need to file for divorce and seek an emergency custody order as part of your initial filing on the basis of your allegations and the truancy issue.

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