David Betras talks trees, gift cards, and parole during Free Legal Advice episode of WFMJ Today

Well, it wasn’t exactly the first Monday of the month, but it was close enough which meant BK Managing Shareholder David Betras spent the morning on the set of WFMJ Today answering questions from viewers and dispensing sage legal advice. Here’s a review of the action…

Question 1: My son has 10 months left on an eight-year prison sentence. We found out that he had a parole hearing at 80% of the way through. Do the authorities have to let the person

serving time know that a hearing is scheduled? They only sent him a letter after that decision was made. Has something changed, or has it always been like that? They should have notified him the hearing was being held.

David’s answer: The viewer didn’t say whether they’re in Ohio or Pennsylvania. But when a parole hearing is being held the person should be notified so they can at least go and talk to the parole board. Yeah. People typically get the chance to go before the parole board when they have their hearing so they should be notified in advance. The viewer should contact their attorney and have them look into the situation.

Question 2: This one came from email and I assume we’re going to get a lot of questions like this in the wake of last Sunday’s storm. In the Sunday storm, a tree from the property

next door fell into my fence and pool. No one has actually lived in that house next door for years, though. Can I still find the

owner and have them pay for the damages?

David’s answer: No. If your neighbor’s tree falls on yourhouse or damages your property, that’s called an act of God. You must submit a claim to your own homeowner’s insurance carrier.

Question 3:  This query involves a tenant/ property manager issue. If repairs that their landlord keeps saying will be done are not done, how can they push them along?

David’s answer: What you can’t do is not pay your rent because then if you don’t pay your rent, that is a reason for you to be evicted.

So take your rent, put it in escrow. Once you do that your landlord won’t receive escrowed rent payments until they fix the problems.

Question 4: A couple pf years ago,  I got a gift card to a spa for my birthday.  I lost the card, but found it just the other day. I tried to use it the other day, but the spa said it had expired. There is no expiration date on the card, so do they have to honor it?

David’s response: Something similar just happened to me.  My wife was cleaning out one of our drawers, and she says oh, look at all these gift cards we have. So we started trying to use them. Went to one place, they said oh, it expired. Tried another one, oh, it expired. Another one, oh, it expired. Another place said because of the date you only have $7 left on it.

I said this wasn’t worth the effort that I

made just to be rejected that many times.

A few years ago I had one that I was going to use for a restaurant. It was under new ownership. They said we don’t honor that anymore. I said, this is the same restaurant. They basically said tough.
Bottom line, it is what it is you can’t force the spa to honor it.

Question 5: From a live caller: I was in an auto accident in 2022. I reached a settlement last year.  But now my neck and arm are hurting.  I’ve got ruptured discs in my neck I didn’t realize I had. Is there anything I can do?

David’s answer:  Did you ever hear the saying the games not over until the fat lady sings. Well, she’s singing.

You signed a release. You released them of all claims. Did you do that on your own or did you have a lawyer?

Caller: No, I had a lawyer.

David: Why didn’t you get your neck examined? Is your current neck pain directly and proximately related to the automobile accident? Caller: Yeah, that’s what my doctor said when I went to her this time and asked what was going on why am I getting pain in my neck and everything else. She said, that’s from

your ruptured discs in your neck. And I didn’t realize I had ruptured discs in my neck. But it was, I guess it was on my medical record. But my back was, I had open heart surgery, a double lung transplant eight months prior to that. So I was more worried about my lungs being messed up again.

David: If you settled with them, you signed a settlement agreement, and that means the case is over. I’m sorry and I wish you well.

Question 6: Am I entitled to a receipt when I closed out my safe deposit box at a bank? Huntington Bank would not give me one.

David’s answer: Well, there is some paperwork you sign when you close out a box. Just ask for that paperwork. That would act as a receipt. They can’t deny you receipt, but the paperwork is, in essence, a receipt.

Question 7: What is the quickest way to obtain a dissolution in Mahoning County without hiring an attorney? We’ve agreed on everything and just want to get it over with quickly.

David’s response: If, as you say, you have agreed on everything you have to obtain the proper forms from the domestic relations court then complete and submit them.

But that is not all there is to it. There are steps you must take and some hoops you have to jump through, including appearing before the judge.

While it’s difficult to do without an attorney, it’s not impossible. That said, I would urge you to seek legal counsel. There are young attorneys in our area who are just starting to practice who will handle the proceedings for a reasonable fee.
I strongly suggest that you follow that route rather than attempting to navigate the process yourself.

Question 8: My my neighbor keeps calling the cops on my family for things that are not

crimes, like taking out the trash late at night, which makes their dogs bark and other things like that. Is there anything I can do to stop them from doing this? We aren’t the only house this neighbor is apparently doing this to. Also he has cameras pointed at our home. Can I make him point thos away?

David’s answer: No. The cameras are on your neighbor’s property so he can point them in any direction as long as he’s not attempting to be a peeping tom.

We all know there is always one person in every neighborhood who is a problem. I’ve found

that the best way to deal with them is just to ignore them. They want to get a reaction from you. And at some point, the police are going to say to them, quit calling us for BS. Now, dog barking, that’s a call police get regularly. If you have a dog that barks, you should find a way to have your dog bark less. Anyway,  eventually the police are going to wear out from going there and just tell them to put a cork in it.

Question 9 from a live caller: I was wondering, my grandson is 22 and he would like his uncle to adopt him or go down and sign his birth certificate. And I was wondering, can he legally go down and sign birth certificate and claim he’s the father or does he have to go through legal aid or whatever? My grandson’s actual father has had nothing to do with him.

David’s answer: Well, that’s a good question. I don’t know if he could be legally adopted

after he’s reached the age of majority. I haven’t had that question probably in 30, 35 years.

I’ll have to look that one up. I don’t think if you are an adult, you could be adopted by someone.

That doesn’t mean the uncle can’t leave him an inheritance or take care of him in other ways. He can go down to the probate court and legally change his name to his uncle’s name. But if they have the same last name, that’s not going to change much. But it is good that he and his uncle have this close relationship.

You know, a piece of paper saying he is his son.

I’d have to check on that. I’d have to call Mark DeVecchio to ask him that question.

I haven’t had that question in 30 years, so my gut is telling me. After 18,unless you’re a dependent person, he can’t be adopted. Yeah, it would be more of a symbolic move.

Yeah. All right. Well, thank you for your question. That was an interesting one.

We hope you enjoyed this episode of Free Legal Advice Monday—or in this case—Tuesday. David will be back on the set of WFMJ Today on the first Monday in August. If you have a legal question you may call 330-744-8821 during the show, email your query to wfmjtoday@wfmj.com or message WFMJ Today on Facebook.
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