BK Managing Shareholder David Betras dispenses sage counsel during Free Legal Advice Monday on WFMJ Today

September 14 was the first Monday of the month that wasn’t Labor Day, so BK Managing Shareholder David Betras was on the set of WFMJ Today  to answer questions from viewers and dispense sage legal advice. You can check out the show here: https://youtu.be/Apu75dJTfsE?si=itEtxV6j3rmUr54y

Question 1: Is there any way we can force a neighbor to cut down a large dead tree leaning over our house? It’s not an if, but when it’s going to fall and cause some catastrophic damage. What can they do?

David’s response: If it’s that imminent threat, they could probably file a lawsuit and ask the court to order the neighbors to cut it down. But if you’ve put that neighbor on notice and that tree falls and does damage your house then they’re going to be responsible for it.

Question 2: How can someone become a cosigner for someone else when they needed a cosigner to purchase something?

David’s response: I’m just trying to wrap my head around the question. So, someone became a cosigner for someone but that person needed a cosigner when they purchased an item. Well, if the bank or lender took them as a cosigner, then yay for you.

Question 3: My father-in-law just passed away. There is a safe deposit box, but the other person listed on the box is my mother-in-law, who has also passed away. There’s a possibility that there’s a will in the box. How do I get access to that box?

David’s response: Because both of the people who are listed on it have passed away you will have to file a motion with the probate court to get access to it.

Question 4:  What can be done about online threats of bodily harm being made against me by someone in Texas?

David’s response: Well, it’s a federal crime but the federal government very rarely takes those cases unless it’s something that’s clearly serious and over the top. You can call the Texas authorities and let them know this person is making online threats against me or you can file a police report here and see if law enforcement here will deal with it.  will pick it up.

Remember, if someone threatens you with bodily harm and creates a reasonable feat that they will carry out the threat that is a crime. It’s not free speech. That is a crime. So, if you are afraid that this person will harm you, a crime has been committed. It could be argued that the crime was committed in Texas because that’s where the person was when they made the threat, it could also be argued that the crime was committed here because that’s where threat was received.

Either way, I would file a police report in both jurisdictions and see if you can get a prosecutor to take it up.

Question 5:  I have a house in Youngstown that we’ve spent $50,000 to $60,000 renovating it in anticipation of selling it. The neighbor has basically abandoned his house. with all the contents, but won’t do anything to clean it up. What are my options?

David’s response: all the zoning inspector, call your council person in Youngstown, and have the city get on the neighbor about allowing their property to deteriorate. I’m very sorry that you want to sell your house and your neighbors just let it go. But someone will eventually buy that house if they just abandoned it. But the only thing you could do is be the squeaky wheel that gets the grease.

Follow-up question: Can I offer to buy it and then clean it up myself?

David’s response: Absolutely you can offer to buy it. But the first step is I call your council person, and I’d call the zoning department and tell them what’s happened. If they won’t do anything about it, then call your neighbor and see if they’ll sell it to you.

Question 6: I have someone who’s stalking me, sitting outside my house, calling from blocked numbers. I went to the police, asked for a non-contact or restraining order. Police said he actually hadn’t done anything yet except some harassment. So how can I force the issue before something more serious happens?

David’s response: Well, just because the police wouldn’t do something doesn’t mean you don’t have remedies.  You can go get a civil protection order. If someone does two things, closely associated in time, and this is stalking that gives you mental anguish, that’s going to be enough for you to get a civil protection order against them.

Question 7:How do I find out who owns an abandoned property? Can you get a property changed from commercial to residential as well?

David’s response: That would require a zoning change or variance.  You can find out who owns the property by going to Ralph Meacham’s website, Mahoning County Auditor, enter  the address and it’ll tell you who owns it.

Question 8: The electrical lines to my home run over my neighbor’s property. They’re being stretched out because of branches from the neighbor’s tree. So who would be responsible for pruning that tree to make sure the wires don’t get messed up?

David’s response: That’s interesting. The electric company. Okay. Can you just give them a call? Can McCall and say, hey, these wires are in danger of coming down, they’ll send their tree trimmers out and they’ll take care of that.

Question 9: Can I request a new public defender if I feel like mine isn’t taking my case seriously?

David’s response: You can write a letter to the judge and request that. If the judge determines that there’s irreconcilable differences or you’re just not meshing, generally they’ll get you another court-appointed lawyer.

Question 10:  What are your thoughts on grandparents’ rights? It’s so unfair that the mother of our grandchildren can keep them away from us.

David’s response: If the marriage is intact, you’re out of luck, totally out of luck. But if the marriage has ended, then you do have some rights.  You got some rights, but they’re not that great. You can petition for some kind of relief but it’s not going to be anything great.

It’s a terrible situation.

But since we’re talking about grandkids, I don’t have any grandchildren yet. I’ve been through four sets of hosts, five sets of producers. I still don’t have grandchildren. My kid’s got to get on the ball.

David will be back on the set to answer your questions on Monday, October 8. If you need help or advice call 330-744-8821 during the show or submit your question via email: wfmjtoday@wfmj.com or message David via the WFMJ Today Facebook page.