Nicholas Charles De Santis III’s Answers

Nicholas Charles De Santis III

Brecksville Estate Planning Attorney.

Contributor Level 4
  1. My deceased ex-husband had all assets put into a special needs trust for our son. How long should it take for available funds?

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You should also have your son request a copy of the trust (or you should request it expressly on his behalf). Ohio law (Revised Code Section 58085.13 imposes certain duties on the trustee to keep beneficiaries informed. Since you are not a beneficiary (at least it did not appear so from your question) a request on your own behalf might not trigger these rights. Hope this helps. Good luck!

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  2. Is it lawful to allow banks to invoke the jurisdiction of the courts without entering any preliminary judicial reports?

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    1 lawyer answer

    The bank who initiated the proceeding is required by statute to submit a preliminary judicial report with an effective date within 30 days of filing the complaint or motion requesting sale. (See Revised Code Section 2329.191) Failure to submit this title work can be a serious error that may warrant a reversal. That being said, if there is a final judicial report that was filed by the initiating bank there is most likely a preliminary judicial report as well. Check the attachments to the...

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    1 person marked this answer as helpful

  3. Starting an Independent Production Company (Film & Television), in order to get grants, which is better Non-Profit or LLC?

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    1 lawyer answer

    This is difficult to answer with the limited detail provided. That being said, it probably comes down to whether or not you wish to make distributions to the members. Ohio Non-Profits have a no distribution rule. The practical effect of this is your members (shareholders) will only be able to receive reimbursements for expenses and will not be able to receive a share of any profits. I hope this helps.

    1 lawyer agreed with this answer

  4. Can we sale our home with the land?

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    2. Michael J. Caticchio
    2 lawyer answers

    The situation you described is unique and (depending on what the documents actually say and do) may not be unenforceable. The only way to get good advise in this instance is to contact an attorney. Without looking at the deed, (and any restrictive covenants contained therein) along with the affidavit, it is hard to tell. Sorry I could not be of more help. Good luck!

    1 lawyer agreed with this answer

  5. Can I sue an attorney for filing a wrongful complaint

    Answered about 2 years ago.

    1. Kyle J Bristow
    2. Nicholas Charles De Santis III
    3. Michael T Millar
    3 lawyer answers

    Depending on what was filed, when and what is contained within, you may have a cause of action under the Fair Debt Collection Practices Act. You may also have claim for sanctions against the attorney if the complaint filed is frivolous or made in bad faith. You should contact an attorney immediately as it appears that a lawsuit has been filed. Best of luck!

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  6. Can you be evicted from a home you are purchasing through a morgage company for 2 months behinde on payment?

    Answered over 1 year ago.

    1. Bruce Martin Broyles
    2. Nicholas Charles De Santis III
    2 lawyer answers

    If you are the owner of the property, they cannot evict you upon three days notice. In order to get possession of the property they would have to declare the loan and mortgage in default and initiate foreclosure case. If this is a land-contract--depending on how long you have performed on the contract will determine if they can evict you or if they have to foreclose. In any event, you need to consult an attorney as the facts and loan documents will determine your rights against the...

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  7. What kind of deed should you have recorded if you are removing a deceased persons name from a limited warranty deed with

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    2. Kathryn Jeanne Carlisle-Kesling
    3. Michael J. Caticchio
    4. Rene Eduardo Coto
    4 lawyer answers

    The short answer is you don't absolutely need to do a new deed if the prior deed had survivorship language. An Affidavit of surviving spouse should do it. That being said, should you want to do a new deed, a quit-claim deed is sufficient. Hope that helps.

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  8. IF YOU LIST A DEFENDANTS ADDRESS..

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    2. Alan James Brinkmeier
    2 lawyer answers

    Providing that you can establish that the the court has jurisdiction in Ohio, you would list the service address. In order for an Ohio court to have jurisdiction they have to do business in Ohio or have some other minimum contact with the State. At any rate, jurisdiction can be a tricky business and complicated legal analysis. You may want to talk to an attorney to make sure you protect your rights. Good luck.

  9. I AM 1/3RD OWNER OF A PROPERTY. THERE IS A MORTGAGE ON THE PROPERTY, IN ONE OF THE OTHER OWNERS NAME WHOM IS DECEASED AND (WE)

    Answered over 1 year ago.

    1. Grace Mary Doberdruk
    2. Nicholas Charles De Santis III
    2 lawyer answers

    This is difficult to answer without knowing more. First and foremost, the Mortgage will encumber the property until it is released. The practical import of this is that the mortgage must be paid of before you will be able to pass clear title to anyone else. Aside from the Mortgage issue discussed above, the process for transfer will depend on the type of deed. Was it joint tenancy or a survivorship deed? If it was a survivorship deed, you will be able to transfer relatively easily by...

  10. Can I buy property back at Sheriff's sale? What will the starting bid be and if I don't win how long to redeem after sale?

    Answered over 1 year ago.

    1. Nicholas Charles De Santis III
    2. Bruce Martin Broyles
    3. Glenn R Reiser
    3 lawyer answers

    You can redeem the property up until the confirmation order by depositing with the clerk the amount of the judgment indicated in the decree. (R.C. 2329.33). If you bid on your own property, it will most likely be set aside by the court and you could risk contempt proceedings. After the sale and confirmation, the court (upon request of the plaintiff) will issue a writ of possession which will "evict" you from the property. I hope this helps.