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Someone lost his mother in an AI thread and is going through the process of getting her car appraised so that its value comes out of his allotment of the inheritance. This got me thinking -- In the event of someone's death, how are the values of bequeathed items arrived at? Who gets to decide what party can assess the value of the item? I assume this depends on whether a will exists and who's executing it, but I really have no idea how this stuff is dealt with. And if there's large variation between states, let's use MA as a hypothetical.
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Jun 4, 2011 01:20
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kimbo305 posted:Someone lost his mother in an AI thread and is going through the process of getting her car appraised so that its value comes out of his allotment of the inheritance. This got me thinking -- It's usually based on "fair market value" for the asset in question. For unique assets like real estate or valuable jewelry/art/antiques, the executor of the estate would need to get a formal appraisal to determine the value (the cost of which would be paid for out of the estate); for something common like an ordinary late-model car they could probably just use a reasonable accepted standard like the NADA or Kelley blue book value. The executor can't just make up valuations for assets, there would need to be some process by which fair market value was determined. Presumably the court handling the probate process would be the final arbitrator if any disputes about asset valuation came up. As always, you'd want to check your state laws to see if there are any specific requirements for the valuation process, and it's always best to use an attorney to assist with the probate process, particularly if an estate contains any significant assets.
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Jun 4, 2011 13:52
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dennyk posted:It's usually based on "fair market value" for the asset in question. For unique assets like real estate or valuable jewelry/art/antiques, the executor of the estate would need to get a formal appraisal to determine the value (the cost of which would be paid for out of the estate); for something common like an ordinary late-model car they could probably just use a reasonable accepted standard like the NADA or Kelley blue book value. The executor can't just make up valuations for assets, there would need to be some process by which fair market value was determined. Presumably the court handling the probate process would be the final arbitrator if any disputes about asset valuation came up. My stste's probate courts keep lists of court-appointed appraisers who you are required to hire to place fair market values on estate assets, thankfully for a pretty low fee.
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Jun 5, 2011 21:22
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dennyk posted:for something common like an ordinary late-model car they could probably just use a reasonable accepted standard like the NADA or Kelley blue book value. The executor can't just make up valuations for assets, there would need to be some process by which fair market value was determined. Presumably the court handling the probate process would be the final arbitrator if any disputes about asset valuation came up. Specifically from that thread, it was a Prius whose main hybrid battery may or may not have been critically damaged from long term sitting. There was a huge element of uncertainty, since that is not an easy thing to accurately diagnose, even for a Toyota dealership. So wrt the KBB, you could argue for Excellent condition (assuming the car could be jumped and the main battery was fine) or Poor (the main battery needs to be replaced). The way I saw it, even if all parties were interested in assigning it a fair value, maybe they'd be unhappy with how that value would be assigned. I could see some tension between quickly getting any value assigned to it versus finding a person to really figure out what it was worth.
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Jun 5, 2011 21:36
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Alright. So there's this small pissant town in Texas that's been giving me grief over some traffic tickets for years. I'm at the end of my wits with dealing with this. I got pulled over for failure to show registration. The cop checked and told me that I was registered and he could see it on his look up screen, but that he "had" to give me a ticket for it and I could just show up in court and get it dismissed. In getting information I volunteered that I'd moved a month previous and had a new address because he said the court would send me something. He then cited me for failure to change address on my ID. loving bullshit. Anyway, I talked to several people and was told that the ID charge would be dropped but I couldn't make the court date and chose to send a 7-11 moneyorder as instructed by them with my information to take care of the registration one. Fast forward a few years, the tickets are still active and when I call them they have no reciepts, no records, no nothing, and have reported me to the state with a warrant and sent law firms after me. I have no documentation of anything and end up paying for the two citations to make them go away and clear my license, with a card this time so that there's some kind of a trail. Fast forward to yesterday, the original two citations are active and now a failure to appear has been added. They claim the failure to appear is years old according to their system, but a year and a half ago when I called their municipal court directly they made no mention of it, no one ever told me I failed to appear anything. So here I am. They again have no reciepts or proof of anything despite me having paid with a credit card and then had to have someone in their office send off to the state so that I could renew my ID, which I have done, except now there's another warrant out for these same tickets. I'm going to call the bank I had back then and see about getting some records, but they're saying I owe like 700 dollars right now when the original amount wasn't half that and I'm pretty sure I paid at least 400 in early 2010. What the hell do I do here? Getting bank records is obvious but I can't exactly afford to drive four hours south to this pissant small shithole and deal with this and at this point I can't afford to pay them off either, not that it would apparently do any good to give them what they demand, I've done it twice already. I'm expecting that if I can get bank records they're going to require I deliver them in person (not possible) or pay the entire amount and even if they take the records I know I didn't give them 700 and I'm expecting them to demand the rest. Advice? Do I have any recourse? They're entirely screwing me over and keep telling me they'll see if they can work with me on it when this was supposed to be over and done with twice. I don't even know. What kind of assholes cite you for failure to change address because you volunteered info to be helpful and then try to make you pay for poo poo three separate times? I don't care if it's incompetence or malice, I've already given these people almost 700 dollars and I don't want to give them any more.
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Jun 6, 2011 20:26
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Why did you have to show registration in the first place? Texas cops only ask for License and Proof of Insurance. What town is it?
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Jun 6, 2011 21:04
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There is a place where cops pull you over and don't ask for the registration to the vehicle you are driving? Texas really does seem like a crazy place. If you check with the clerk of court, they can let you know what requirements there are for presenting the documents. I wouldn't think they could make you pay late fines on something you already paid, but who knows cause Texas sounds like a place where up is down and the sky is green. The clerk of court really can give you a lot of useful information specific to the court where this will be handled. You probably already know this but take it as a lesson to save all receipts you get from paying fines to any organization that can arrest you or take away your license.
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Jun 6, 2011 21:22
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Loopyface posted:Why did you have to show registration in the first place? Texas cops only ask for License and Proof of Insurance. What town is it? In Texas you have a registration sticker that you put on your windshield next to your inspection sticker. If you don't have the registration sticker up, you can get a failure to display current proof of registration. (Texas Transportation code sec. 502.404) grnberet2b fucked around with this message at 22:48 on Jun 6, 2011 |
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Jun 6, 2011 22:44
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In Iowa we have a registration sticker that goes on the license plate but they still ask for your copy of the registration every single time. You're required to carry it in the vehicle.
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Jun 6, 2011 23:09
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On the topic of registration stickers, my sticker says my registration will be expiring on Nov 2011, while the paperwork (which I keep in my glove compartment has the real date of December 21st 2011). On the off chance that I don't get a new one before December, am I in the clear even though my sticker doesn't match?
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Jun 7, 2011 03:12
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Question regarding jury duty...Tennessee, if it matters... I am summoned to jury duty. On the information sheet the summons date is "JULY 2011" and has no specific day. On a separate sheet, it mentions that I must call every Monday after 5:00, beginning on JULY 4TH, to be told possible reporting instructions. This is all well and good, but I already paid for plane tickets (and had paid for them before I got the summons) and I won't be back in town until July 9th. I know that when I call I won't actually talk to a person, but I'm wondering how big a deal this all is. If I don't call on July 4th, what happens? What if I play dumb about the July 4th thing...What if I call on July 11th instead? Will they be upset at me for not calling the week before, or is it likely that this happens all the time and they'll just give me my reporting instructions then? If I change the plane ticket, I'll be out hundreds, and I'll be pretty annoyed if I change the ticket only to call and not have to be there until July 26th or something like that.
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Jun 7, 2011 04:26
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Skywriter posted:Question regarding jury duty...Tennessee, if it matters... There should be info in the letter they sent you about how to request an excuse or whatever. That's what you need to do. Your plane ticket is enough to move back your jury duty.
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Jun 7, 2011 08:08
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Skywriter posted:What if I call on July 11th instead? Will they be upset at me for not calling the week before, or is it likely that this happens all the time and they'll just give me my reporting instructions then? If I change the plane ticket, I'll be out hundreds, and I'll be pretty annoyed if I change the ticket only to call and not have to be there until July 26th or something like that. Like john mayer said, you can get out of it easily, especially with solid proof (plane tickets). Just FYI, the whole system is (should be, anyway) automated - you call (or go online), punch in your ID # and it'll tell you whether or not to come in tomorrow. The only thing they'll ever actually notice is you not showing up if they do happen to expect you to come in. I think the whole "stringing you along" bit is a load of poo poo; my local court even adds a second layer, where sometimes when you call it'll tell you that you MIGHT have to come in, and that tomorrow you need to call and check every hour starting at 10 am until they tell you one way or the other.
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Jun 7, 2011 15:19
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My buddy is in jail right now for stealing beer(He's 20 years old! That's bad too!) from a grocery store(in California). He's got a felony burglary charge. He could serve 1 - 6 years. It's pretty tragic. He's a really good guy. He doesn't belong in jail. He's probably terrified. And I'm pretty positive that he only did it because his friend(Psh.) pressured him into it. How could he have gotten a felony charge for stealing a thing of beer? Why did I let him leave my house that night? What are the chances of him getting off with community service? Anything else that might help me figure out what's gonna happen to our dear friend. Aafter fucked around with this message at 15:42 on Jun 8, 2011 |
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Jun 7, 2011 21:31
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Aafter posted:My buddy is in jail right now for stealing beer(He's 20 years old! That's bad too!) from Vons (in California). He's got a felony burglary charge. He could serve 1 - 6 years. He's only ever been arrested for underage drinking once. It's pretty tragic. He's a really good guy. He doesn't belong in jail. He's probably terrified. And I'm pretty positive that he only did it because his friend(Psh.) pressured him into it. Burglary? Did he break in to someone's house or business to get this beer? If so, then its the whole "breaking in" thing that probably got him the felony.
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Jun 7, 2011 21:36
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TheWordOfTheDayIs posted:Burglary? Did he break in to someone's house or business to get this beer? If so, then its the whole "breaking in" thing that probably got him the felony. He, allegedly, walked into a grocery store, grabbed a thing of beer and walked out. Aafter fucked around with this message at 15:43 on Jun 8, 2011 |
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Jun 7, 2011 21:38
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Well, giving evidence that he did it on an internet forum is not a good idea.
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Jun 7, 2011 21:43
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Aafter posted:He, allegedly, walked into Vons, grabbed a thing of beer and walked out. County?
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Jun 7, 2011 22:08
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srsly posted:County? San Diego.
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Jun 7, 2011 22:27
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Aafter posted:How could he have gotten a felony charge for stealing a thing of Pabst? Why did I let him leave my house that night? What are the chances of him getting off with community service? Anything else that might help me figure out what's gonna happen to our dear friend. "California Penal Code Section 459 posted:459. Every person who enters any ... store, ... with intent to commit grand or petit larceny or any felony is guilty of burglary. The facts of this case, (don't tell us) your friend's record, his attorney and the prosecutor will determine whether he can get some lesser charge and/or punishment. That it's in an urban county may help, too Your friend needs a lawyer now.
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Jun 7, 2011 22:37
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joat mon posted:Your friend needs a lawyer now. Furthermore, none of you should tell the authorities anything until he talks with a lawyer. Your friend has the right to remain silent and he should use it until his lawyer tells him otherwise.
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Jun 7, 2011 22:53
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Aafter posted:Redacted I know how, and I'll merge this into a never loving talk to the cops post. ------- Get walks into store. Shoplifts beer. Gets caught. He has a 484, misdemeanor petty theft at this point. Cop then asks him, after Mirandizing him, "So did you enter the store with the intention of stealing?" If like a dumbass, you think you're already caught and say "yes" say hello to a felony burg and go to jail. If you shut the gently caress uu, you have a misdo petty theft and might even get cited and released. So yeah, Shut up. I don't work in SD county, and that is one weird county when it comes to criminal law, but the course up in NorCal where we have civilization and reason is: Buddy gets arrested on felony. Jail probably runs his rap, sees he has jack poo poo and kicks him loose with a promise to appear Failing that he gets arraigned and he gets OR'ed there and should be charged with a misdo (burglary can be charged as a felony or misdo) If he's past there and still actually has a felony, SD county is either hosed or he has a different rap sheet. If he is still in custody after arraignment, he should bail the hell out if at all possible. He will get a much better deal out of custody than in. At arraignment he should [/b]get the public defender[/b] if he at all qualifies. SD County has a good public defender, most private lawyers will be worse. Going with no lawyer is loving asinine. If you tell him one drat thing, he should not take any offer, no matter how good it sounds without speaking with a member of the California bar. After arraignment depending on the county and the charge, he will come in for a further arraignment a pre-trial conference, or a readiness conference. He may get an offer then or at arraignment. Here this offer with his record would be a diversion to a misdo 459 or 484. This means proceedings are suspended for 6-18 months. He does a theft class, pays some money, comes back in that time and gets the case dismissed. This is different than a DEJ as it is pre-plea and he should talk to his lawyer about it. -- That said, 1-6? You sure he's charged with what you think? 2nd degree commercial burg is 18mo, 2, or 3yrs Residential or first degree is 2-6. Robbery can be 5 or 6 years max. If he's charged with an estes robbery, he's in real loving trouble. An estes robbery is when you shoplift try to leave, and a store employee tries to stop you and you fight back. Any amount of fighting is enough. It is a strike too. nm fucked around with this message at 23:31 on Jun 7, 2011 |
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Jun 7, 2011 23:19
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nm posted:Advice! 
Aafter fucked around with this message at 15:43 on Jun 8, 2011 |
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Jun 7, 2011 23:50
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Is he almost 50?
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Jun 8, 2011 00:28
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nm posted:Is he almost 50? What? He's 20.
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Jun 8, 2011 00:34
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Make sure he thanks you for describing his crime and giving away his identity to the entire internet.
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Jun 8, 2011 00:36
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Aafter posted:That 50yo was screwed.
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Jun 8, 2011 00:46
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Javid posted:Make sure he thanks you for describing his crime and giving away his identity to the entire internet. He's not one to care about silly things like that.
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Jun 8, 2011 03:53
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He'll care when someone internet detectives him up and sends this thread to the prosecutor just to be a cock. This is a thing that actually happens. You've given away the exact charge, the jail he's in, and his age. That is enough to figure out who on that jail webpage is him. In this very thread you said he did it, which is evidence against him. This will, if given to the prosecutor, make things worse for him. This is why you post as little identifiable information as possible in these threads. Edit all that poo poo out. Hope everyone who quoted you edits it out. Get him a real actual lawyer. Do not gently caress around with a possible felony.
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Jun 8, 2011 06:28
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Javid posted:In this very thread you said he did it, which is evidence against him. This will, if given to the prosecutor, make things worse for him. This is why you post as little identifiable information as possible in these threads. The prosecutor is already operating from the assumption that he did it. This thread doesn't change poo poo. Internet detective bullshit can indeed suck but this isn't a time to be worried about it. If by "evidence against him" you mean "admissible at trial," to get this admitted at trial the prosecutor would have to identify and subpoena Aafter, and make Aafter come testify. Brilliantly un-loving-likely. I'm sure they've got plenty of better evidence against him. quote:Get him a real actual lawyer. Do not gently caress around with a possible felony.
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Jun 8, 2011 06:52
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srsly posted:The prosecutor is already operating from the assumption that he did it. This thread doesn't change poo poo. Internet detective bullshit can indeed suck but this isn't a time to be worried about it. You're probably right, but this is a good occasion as any to teach people to think before they post stuff on the internet for the world to see. Better to practice good habits when you don't need them than try to learn good habits when you do.
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Jun 8, 2011 10:18
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srsly posted:If by "evidence against him" you mean "admissible at trial," to get this admitted at trial the prosecutor would have to identify and subpoena Aafter, and make Aafter come testify. And then somehow make it not hearsay.
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Jun 8, 2011 13:03
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Baruch Obamawitz posted:And then somehow make it not hearsay. It has particularized guarantees of truthfulness because it’s posted on an internet comedy forum.
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Jun 8, 2011 15:05
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Baruch Obamawitz posted:And then somehow make it not hearsay. It'd be a party admission. edit: Man I really fell for that screaming nancy's bit wholesale. Aafter hasn't even talked to his friend; duh. idk where he is even getting his info. Yes it'd be hearsay. srsly fucked around with this message at 15:32 on Jun 8, 2011 |
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Jun 8, 2011 15:30
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srsly posted:It'd be a party admission. I don't know if he actually did what I said he did. It's just the most likely scenario and the only thing he would actually do. I'll try to get some info after his arraignment.
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Jun 8, 2011 15:48
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I have yet another question about rights as a tenant, similar to the question over a year ago about noisy upstairs neighbors, but with a twist. I'm in Boise, ID. The person living in the apartment above me wakes me up quite often with what sounds like stomping around at night, but the twist is that I don't think he's actually stomping as he's not a dick. The maintenance guy has mentioned before in passing that the floors are basically concrete on steel sheets and are basically going to be loud, but goddamn if it isn't absurdly loud and disruptive to actually getting a decent amount of sleep. The contract does state that enforceable quiet hours are between 10PM and 8AM. That's the small twist then - how do I proceed with resolving this if the other tenant (and other tenants, the walls are very thin too so I can hear just about everything happening all around me) aren't really doing anything wrong but the living space is far too loud? When I originally checked out the place the neighbors weren't home as it was during the work day and all the person showing me around talked about is how quiet the community is, how current tenants all comment on how quiet it is, etc. Obviously this is not the case, and really all I want to be able to do is move/end the contract without incurring 2 months rent as charges ($1400 total). I've checked what I can about Idaho law to the best of my ability and the phrase I've seen pertaining to this is "The tenant has the right to quiet use and enjoyment, meaning the landlord should control the noise of other tenants and give the tenant reasonable notice before coming onto the property." I don't know how someone getting up at 1AM to take a piss can be "controlled" though, and the building construction seems to be what's at fault. I'm going to talk to the leasing office later this week about terminating the lease without penalty, but I'd like to go in to the discussion with some idea of how this sort of thing is normally handled. Any advice law goons? Intern Dan fucked around with this message at 23:41 on Jun 8, 2011 |
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Jun 8, 2011 22:32
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Not sure if things regarding citizenship are best addressed here, but maybe someone will know something useful. I'm applying for my nursing license and for proof of citizenship they only take things like birth certificates, passports, or other N-(numbers) government forms proving birthplaces etc. The only two things on the list I had were a birth certificate, and a passport. I was born in south america, with my mother being a citizen I was born with citizenship abroad and given a birth certificate that proves it...however... The problem here is that my parents in their wisdom gave me the Spanish version of my name on my U.S. birth certificate (my passport is also issued under the Spanish name), but got my social security number issued under its Americanized form, and called me by that name my entire life thus leading me to use it for just about everything else like my driver's license, bank accounts and so forth. I've never had to prove my citizenship before like this (my SS card has been enough for everything else until now) so the discrepancy has never come up yet. When I talk about Spanish/American versions, I mean the common translation; things like John-Juan, Ricardo-Richard, Antonio-Anthony etc etc. It's that type of thing. My application was, as I feared, given a deficiency notice. The website simply says they're waiting for citizenship documentation and they sent a letter that I haven't yet received. So my question is, could I be facing needing to undergo a legal name change? If so how long can these processes take? Or, would I be able to simply get my name associated with my SSN changed? That seems like it'd be simpler. I'm currently living in Maricopa county in Arizona. Datsun Honeybee fucked around with this message at 05:21 on Jun 9, 2011 |
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Jun 9, 2011 00:32
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Intern Dan posted:"The tenant has the right to quiet use and enjoyment, meaning the landlord should control the noise of other tenants and give the tenant reasonable notice before coming onto the property." I don't know how someone getting up at 1AM to take a piss can be "controlled" though, and the building construction seems to be what's at fault. "quiet use and enjoyment" isn't literal, its a legal term of art that means that your right to use the property isn't interfered with in unreasonable ways. Theoretically your legal remedies are to sue the guy upstairs for "nuisance" or sue the landlord for some express or implied breach of the lease contract. In reality, there's not much you can do - even if you sue, some low-level magistrate judge will probably say "if you're unhappy, why don't you move out." This is the type of situation you should probably try to work out on your own by being super nice and super cool so that somebody will want to accommodate you. That, or if its real bad one night, you can call the cops with a noise complaint.  Don't get your hopes up.
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Jun 9, 2011 01:40
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Datsun Honeybee posted:So my question is, could I be facing needing to undergo a legal name change? If so how long can these processes take? I'm currently living in Maricopa county in Arizona. NOT LICENSED IN ARIZONA, but in my state, a name change is a pretty simple deal that should only cost a few hundred bucks and take anywhere from a few weeks to a few months. You just file a petition, send notice to all your creditors and publish a deal in the paper. The court has to set a hearing in case anyone objects to your name change, and at the hearing the judge will sign an order changing your name as long as the judge doesn't think you're changing your name to defraud your creditors or to evade the law. Ta-daaaaaahhhh. You get a new name!
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Jun 9, 2011 01:46
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I have a question about workplace safety, if an employer does not provide proper personal protective equipment when working with machinery or chemicals, if there a case for compensation? even if there is no apparent health effect (yet), im talking things that could in the future cause birth defects or cancer, and that are listed as harmful substances in chemical databases and manufacturer specs
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Jun 9, 2011 07:41
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