David G. Weilbacher, Esq.'s Answers

Some one posted pictures of me on the enternet and made untrue storys about me and also posted videos with out my permission.

You have potential claims for defamation. The question you need to ask yourself is whether the defendant is collectible, i.e. does he have money or other assets. This type of claim would not be covered by insurance. You might be able to obtain a judgment, but not able to collect. If you a simply looking for vindication, it might be worth it to you to pursue the lawsuit knowing that you might not recover. Disclaimer: I am not offering legal advice. I am just making suggestions for starting...

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If I do not pay rent on my apartment and am evicted, what is the timeline for eviction? How long do I have until I must go?

If you fail to pay the rent when due the landlord can serve you with a 3 day notice to vacate. You will have 3 business days to vacate. If you fail to vacate the landlord can file a complaint for forcible entry and detainer. The court will set a first hearing approximately 3 weeks after the filing date. At the hearing the magistrate will ask if you have paid your rent, when you say no the landlord will be granted possession of the property. The magistrate will give you 7 to 10 days to vacate....

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Our Guardian ad Litem was totally unfair and lied on the witness stand

Do you have evidence that the GAL lied, or do you simply disagree with the GAL's assessment. Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

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Wills...how can we get a hold of the copy no one seems to want to share what's in the will with the kids of the deceased father?

You can file an application with the probate court to administer his estate. You have a couple of options. You can file a the probate application as if he died intestate, i.e. without a will. You haven't seen the Will and have no way of knowing for sure one exist. If the girlfriend has the will, you can still file an application to administer the estate, and file a motion with the court requesting a order directing the girlfriend to produce the will. If she fails to do so, and the original...

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I closed my business in February of 2008. It was a LLC which has not been dissolved. The business owed 5,000 in sales tax in OH

YES. Individuals can be held personally liable for the sales tax debts of a corporation or LLC. Those individuals, corporate officers or trustees having control or supervision of, or charged with the responsibility of filing returns, making payments, or executing the corporation's or business trust's fiscal responsibilities can be personally assessed for the outstanding trust tax debts of the corporation. Individuals can also be held personally liable for a company’s failure to file and pay tax...

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Power of attorney - notarized or witnessed?

Typically the notary can be substituted for the witness signatures. The safest practice would to have both; that way your covered. It is not a good practice to have family members as witnesses for reasons to numerous and complicated to discuss in this forum. Have uninterested people witness the signature. Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do...

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My disabled daughter just turned 18. Do I need to apply to be her legal guardian to handle her financial affairs?

If your daughter is not mentally competent, you can petition the probate court in the county in which your daughter resides for a guardianship. You will need to make to requests. You will be requesting to be named "guardian of the person", which allows you to make medical, housing and other similar decisions, and requesting to be named "guardian of the estate", which will allow you to handle her finances. You can obtain the necessary forms from the probate court. Please be aware that the court'...

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I did not reaffirm my mortgage at Bankruptcy 3 years ago. If I leave my home, can they go into foreclosure if I walk away?

If the facts are as you have described, then you are a tenant. How is the property deeded? If it is in the bank's name, then there would be no need for a foreclosure, but it could evict you if you fail to make the payments. However, you say that your "rent" payments are variable. This makes it sound as thought you are paying on the loan even though you did not sign a reaffirmation agreement. You need to sit down with an attorney with all your documentation and the bankruptcy petition you filed,...

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Our gap insurance is denying payment of a claim due to refinancing.

Request a copy of your gap policy. Review all of the terms; paying particular attention to the exclusions and cancellation terms. You may find that the policy is not in fact terminated by the refinancing. However, I do not want to get your hopes up. By refinancing your car loan you "changed" the terms of the agreement with the gap insurance company, specifically the gap carrier will be exposed for a longer period than it originally bargained for. This answer is made available by the lawyer...

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2nd DUI in less then six months of my first. and refused a chemical test in the state of Ohio, what am I looking at?

You're looking at 20-180 days in jail. A fine of $525 - $1,625. Mandatory alcohol/drug assessment. License suspension of 1 to 5 years. Driving privileges after 45 days. Mandatory restricted DUI Plates and Ignition Interlock. Vehicle immobilization for 90 days. This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or...

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