Michelle Lynn Marshall’s Answers

Michelle Lynn Marshall

Columbus Real Estate Attorney.

Contributor Level 13
  1. My brother and sister own a home togather. She wants him out . Can she make him vacate the property? Are there any options

    Answered almost 3 years ago.

    1. Michelle Lynn Marshall
    2. Joseph T Ostrowski
    2 lawyer answers

    If both siblings are in title to the home, one cannot force the other out. They could attempt to come to an agreement whereby one of them buys the other out - i.e. get an appraisal done, determine the equity in the property, divide that in half (assuming they are equal owners) and that is your buyout amount, less any amounts due from one to the other such as the fact that the brother has been paying the tax on it when technically they were both responsible for that. If that doesn't work, they...

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  2. Are Transfer on Death Deeds for Real Estate still an option in Ohio? My father put me on a Survivorship Deed instead. Thanks.

    Answered over 1 year ago.

    1. Michelle Lynn Marshall
    2. Michael J. Caticchio
    3. James Thomas Dixon
    3 lawyer answers

    Yes, they are called a Transfer on Death Designation Affidavit (see http://codes.ohio.gov/orc/5302.22). I would strongly urge you to consult with a local real estate attorney concerning your circumstances and to most certainly have an attorney draft any documents you may decide to use. You can search for an attorney on Avvo or contact your local bar association for a referral. I hope this was helpful, and best of luck to you.

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  3. Are LLC members entitled to their initial investment back?

    Answered over 2 years ago.

    1. Michelle Lynn Marshall
    2. Bradley William Miller
    3. Linscott Roberts Hanson
    4. David B Stromberg
    4 lawyer answers

    I would first advise you to read the language of your operating agreement for the LLC very carefully; it should give you some guidance in this situation. If you do not have an operating agreement, you will likely need to look to state law and case law for an answer/guidance on your question. LLC's in Ohio are governed by Ohio Revised Code Section 1705 (http://codes.ohio.gov/orc/1705). Rights of a withdrawing member are contained in this section: http://codes.ohio.gov/orc/1705.12. In the...

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  4. I don't know if I need to set up an estate for my father. There's only one piece of real estate in it.

    Answered over 1 year ago.

    1. William Joseph Reynolds
    2. Michelle Lynn Marshall
    3. Kerrie Kathleen Matre
    3 lawyer answers

    I am sorry for your loss. In the absence of survivorship language or a transfer on death deed/affidavit having been recorded, the property will most likely need to go through the Probate Court to pass to your mom. I would suggest you consult with a local probate attorney or perhaps the probate court in the county your father lived at the time of his death to verify the necessary procedures. I hope this was helpful.

    7 lawyers agreed with this answer

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  5. Paid landscaper for services for the year, but he hasn't done fall cleanup of which he was paid for?

    Answered 11 months ago.

    1. Michelle Lynn Marshall
    2. Philip Anthony Fabiano
    3. Jason Todd Studinski
    4. David A. Papa
    4 lawyer answers

    As I believe the other responses stated, if you paid for services which you have not received, then yes you should be entitled to a refund or at least an offset between what was charged and the services actually performed. I would suggest approaching your landscaper about this issue and requesting a refund. If he does not agree and you feel you've paid for something you did not receive, depending on the amount in controversy you may want to look into having an attorney send him a letter or...

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  6. Tax return - can I claim my father as dependent in this scenario

    Answered 11 months ago.

    1. Michelle Lynn Marshall
    2. Bruce Givner
    3. Kevin Matthew Sayed
    3 lawyer answers

    Here is a link to the interactive IRS assistant which will help you determine whether you can claim your father as a dependent: http://www.irs.gov/uac/Who-Can-I-Claim-as-a-Dependent%3F I hope this was helpful!

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  7. Can a landlord expect a tenant to pay for rewiring on a month to month lease?

    Answered about 1 year ago.

    1. Michelle Lynn Marshall
    2. Kerrie Kathleen Matre
    2 lawyer answers

    Read the language of your lease carefully, as it still controls the terms of your tenancy and will likely answer your question. I am not aware of any law which would require a tenant to pay for electrical work that was not caused by the action or inaction of the tenant. Ask the landlord to point out the language of the lease or statute which would require that you pay for this - if the landlord is not able to do so and yet still insists that you pay, I would consult a local landlord/tenant...

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  8. What do I do if a false mechanics lien is placed on my home in Ohio. What actions can i take against the false alligations?

    Answered over 2 years ago.

    1. Michelle Lynn Marshall
    2. Joseph T Ostrowski
    2 lawyer answers

    You can file a notice to commence suit on the lien. Ohio Revised Code Section 1311.11 (http://codes.ohio.gov/orc/1311.11) provides a mechanism whereby the owner of real property can "force" a lienholder to commence suit on their lien (i.e. foreclose the lien) - if they fail to do so within 60 days after having been served with the notice to commence suit, the lien is void and the property discharged of the lien. This does subject you to the risk that they would commence suit, and you would be...

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  9. How to make my Property Management to fix Molds/fungus issues in my rental apartment?

    Answered 11 months ago.

    1. Michelle Lynn Marshall
    2. Rocky Gene Ball Jr.
    2 lawyer answers

    You need to put all of your maintenance/repair requests in writing (not just a phone call) and deliver it to the landlord (property manager) either by hand or by a method you can track and verify delivery. Once received, the landlord is permitted a reasonable amount of time to remedy the problem. If they fail to remedy or at least start to remedy after 30 days, you can contact your local municipal court about putting your rent in escrow. This is a process by which you pay your rent to the court...

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  10. Didn't pay rent BC didn't have hot water for 3 weeks. We are only 9 days past due. Can they evict us in 24 hours

    Answered over 1 year ago.

    1. Michelle Lynn Marshall
    2. Cheryl Rivera Smith
    2 lawyer answers

    My colleague is correct - you cannot simply withhold rent without consequences. You should have paid rent when due and then made your repair requests to the landlord in writing. If the landlord failed to repair within a reasonable time period after having received your notice, you could then put your rent in escrow with the county court. Without following this process, not paying rent will get you evicted. As my colleague mentioned, the landlord must give a 3-day notice to vacate the premises...

    5 lawyers agreed with this answer