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MD attorney, don't practice landlord/tenant though, not your lawyer, etc. http://www.oag.state.md.us/Consumer/landlords.htm is a helpful guide, as is http://www.peoples-law.org/categories/4482/2 (latter link is actually sponsored by the MD courts.) If that doesn't help, and you need an attorney, let me know and I'll ask on the state listserv for a recommendation for someone who does landlord tenant work.
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Sep 8, 2013 18:56
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Lets see if I can get this out without rambling too much. This is in Michigan. My mom died intestate in 2012. The only thing of worth she owned was the house. This is the house that my mother, myself and my sister lived in. During the probate process, my sister was having some issues with the IRS. She decided that she would be better off not having any portion of the house in her name, so she signed a waiver saying that the house is mine. I received an "Order for Complete Estate Settlement" from the probate judge and have since had it recorded at the Register of Deeds. The house is mine, right? That's what the Order for Complete Estate Settlement says. My sister has started drinking and partying and doing things in the house that I own/we live in. Aside from the "It's your house, tell her that you don't like what she's doing bla bla bla" which is common sense (There are reasons that doesn't work. Essentially my sister is a bitch and i'm a bit of a wimp because i can't get my head around the whole "we live in this house together, she has the right to do what she wants to a certain extent" My question is two fold, kind of related. Is that Order for Complete Estate Settlement a deed/title for/to the house ? If, say, I was going to sell the house, is that the proof i'd need to show that I own it ? Also, Lets say I did want to sell the house. Specifically, to my sister. Aside from having someone come in and appraise the house, what more do I need to do to offer her a fair price? Obviously I wouldn't charge her the full amount since the house isn't perfect. Half, plus or minus a few percent seems fair. I don't want to live with her and her lifestyle. Can I force her into buying the house, what rights does she have if I try to sell it ? We are currently sharing the cost of the bills. Does this put us into some sort of landlord/tenant situation? Also, since I know that "Go see a lawyer" will pop up, what type of lawyer would I need to contact? Family Law? Real Estate?
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Sep 8, 2013 20:52
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Toshimo posted:I'm having major issues with the apartment complex that I've been in since April and I've got mountains of documentation/pictures. I think I'm at the point where I'm going to need to get out of this lease and move before things get completely unlivable. Every lawyer will want to read the lease. Many will give you a half hour or so just to get a feel for if they want you as a client, take advantage of this. Also, don't make up poo poo to improve your story.
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Sep 9, 2013 04:50
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Okay, two unrelated questions, and for the record this is in Mississauga, Ontario, Canada. First, if two people own a house, do they both need to agree to kick someone else off the property, or can it be done unilaterally? Second, if someone has accessed my records through OSAP despite my never having given consent, do I have any legal recourse at all?
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Sep 9, 2013 05:48
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Cowslips Warren posted:In regards to family law, in the case of Ariel Castro, what kind of legal worries does the victim have in regards to Castro's family demanding to have contact with her daughter/their niece? Could they really get access and visitation to the six year old? Technically possible, via this statute, but taking into account the controlling factor in child custody cases, the 'best interests of the child' and the other factors listed in section D of this statute, no.
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Sep 9, 2013 06:38
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Apollodorus posted:I was involved in a minor traffic collision in North Carolina a few weeks ago, and received a citation for "Failure to Reduce Speed." Is there a good resource I can look to for a quick guide to how to handle this situation?
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Sep 9, 2013 13:42
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Apollodorus posted:Is there a good resource I can look to for a quick guide to how to handle this situation? The FAQ thread over in AI has a good post on tickets on the first page.
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Sep 9, 2013 13:47
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Pussy Cartel posted:Okay, two unrelated questions, and for the record this is in Mississauga, Ontario, Canada. Yay, an Ontario question! A co-owner is most definitely an "occupier" within the meaning of the Act and has all the authority they need to tell you to leave, and not leaving under those circumstances would be an offence. You don't even need to own the place to exclude people from it though, all you have to do is assert control over the entrance, like a doorman or one of your buddies who's come over for some beers and notices the weirdo from up the road shuffling towards your front door. For the OSAP question, that would really depend on who the someone was and why they were accessing the record. Unauthorized Use of a Computer, Telecommunications Theft and Mischief to Data are all crimes (even if OSAP would be the more likely complainant here), and there might be a harassment angle there too that could open up the door to civil remedies - but these are all pretty serious and might be a disproportionate reaction depending on the circumstances. Change your password, ask the other person to stop being a dick and if you're really troubled, go get a peace bond and call the police to get this harassment written down on paper now so the next time isn't "the first time".
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Sep 9, 2013 15:52
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flakeloaf posted:Yay, an Ontario question! I'm guessing a parent accessed the OSAP record, because that happens all the time. If that's the case, Pussy Cartel, there is effectively no recourse because no one will care.
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Sep 9, 2013 19:51
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Question regarding ex-con firearm laws in Texas: I am not an ex-convict. I am getting a ride from an ex-convict, and will be transporting a firearm that I own and some ammunition in the car. If I've locked the gun case that contains both rifle and ammo with a simple keyed Masterlock, and I'm the only one with the key, the ex-con is considered not to have possession and is thus not breaking any laws, correct? Only if the gun is unsecured, and could be accessed by the ex-con, is he considered to have "possession"? I would prefer that the nice person giving me a ride does not have to go to jail for a long time.
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Sep 9, 2013 20:20
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areyoucontagious posted:Question regarding ex-con firearm laws in Texas: Under both TX and Federal law, there is also constructive possession, which requires knowledge of the rifle and (essentially) the power to do something with it. That it is your rifle, is locked in a case (in the trunk?) and you have the key could be enough to show that your driver does not have constructive possession. So ... maybe? The safer thing for your driver would be for you to mail the rifle to yourself. Hard case, insurance, check with TFR ...
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Sep 9, 2013 23:50
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Also just because he might not get convicted doesn't mean he wouldn't get arrested.
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Sep 10, 2013 13:23
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joat mon posted:Under both TX and Federal law, there is also constructive possession, which requires knowledge of the rifle and (essentially) the power to do something with it. That it is your rifle, is locked in a case (in the trunk?) and you have the key could be enough to show that your driver does not have constructive possession. So ... maybe? What about just mailing the key?
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Sep 10, 2013 15:09
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Dogen posted:What about just mailing the key? Is your goal to have a successful case in court should something happen, or avoid something happening altogether? Because it sounds like you're working towards the former, but I suspect the latter is the real goal. It doesn't matter if you've got a rock solid legal defense, if a cop pulls you over and sees "felon" and "gun" in the same vehicle, you think he's going to call up the legal team to see if this is okay before detaining your friend? Remember, cops aren't lawyers.
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Sep 10, 2013 15:22
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Bad Munki posted:Is your goal to have a successful case in court should something happen, or avoid something happening altogether? Because it sounds like you're working towards the former, but I suspect the latter is the real goal. It doesn't matter if you've got a rock solid legal defense, if a cop pulls you over and sees "felon" and "gun" in the same vehicle, you think he's going to call up the legal team to see if this is okay before detaining your friend? Remember, cops aren't lawyers. Really what the situation is (and I'm sorry for not being clearer before) is that I am going hunting with this individual. He will be using weapons he can legally use, and I will be using my rifle. He's the one driving us to the hunt site, hence the questions. Does it matter if I'm the one driving the vehicle and the gun is locked in my trunk, locked in it's own case? Ideally I would like to avoid something altogether, and it might be that I go pick up a flintlock rifle or bow, something that he can legally be in the car with. I just have the rifle and would prefer to use it. I mean really, this is just convenience. We could always drive separately, since once we get to the place I'll have possession of the weapon and it will be moot anyway. It's just a 5 hour drive, and having us both drive is a pain in the rear end. So this is actually a silly question, since risking my friend's life over convenience is absolutely a no-brainer. I just wanted to see if it was possible to set up a situation where we could both ride in the same car.
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Sep 10, 2013 15:33
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areyoucontagious posted:Ideally I would like to avoid something altogether Then don't bring weapons he can't be in possession of. It's the only sure bet. 
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Sep 10, 2013 15:37
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areyoucontagious posted:Really what the situation is (and I'm sorry for not being clearer before) is that I am going hunting with this individual. He will be using weapons he can legally use, and I will be using my rifle. He's the one driving us to the hunt site, hence the questions. Does it matter if I'm the one driving the vehicle and the gun is locked in my trunk, locked in it's own case? Your situation isn't unusual but appears outside the expertise of the various lawyers here. The only thing I can be certain of is that criminal defense lawyers deal with the armed felon issue a lot. Find one. As for the hunting trip, it sounds weird. I may be completely off base here and I don't intend to insult you, but it sounds like you're trying to be tricky so you and your buddy can go hunting. One of those arrangements where you claim the gun, or guns, are all yours and he won't touch them. If he really is a hunting buddy then you absolutely need to go talk to a lawyer so you can make rational plans. It's natural to want to help your friend, but the felonious hunting buddy gun possession gambit is not new and is not clever.
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Sep 10, 2013 16:04
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Yeah, I mean, the key is constructive possession, which requires access and control of the guns. Access means he can get at them, and control means he either has the ability or the right to control the gun. Locking the gun up might get him out of a conviction, but I wouldn't risk it. And yes, these cases are common. My five minutes of searching found a case where a guy was convicted of possessing a shotgun because both he and the shotgun were in the back seat of the car. Felon in possession laws are really rough. If you're willing to drive five hours round-trip to go hunting, you're willing to put effort into the trip. Use it as an opportunity to try something new and different (as you mentioned, flintlock or bow - but make sure whatever you're using is legal for him under both the state and federal laws where you are). Don't gamble.
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Sep 10, 2013 17:07
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Arcturas posted:Yeah, I mean, the key is constructive possession, which requires access and control of the guns. Access means he can get at them, and control means he either has the ability or the right to control the gun. Locking the gun up might get him out of a conviction, but I wouldn't risk it. And yes, these cases are common. My five minutes of searching found a case where a guy was convicted of possessing a shotgun because both he and the shotgun were in the back seat of the car. I think this seems to be the case. I'll probably go buy a bow. For the record, I would be the one using my rifle; I figured since I had physical possession of the gun during the hunt, we would be okay. I guess I'll use the rifle when I go by myself and get something different to shoot with him. Thanks for your input, guys.  patentmagus posted:As for the hunting trip, it sounds weird. I may be completely off base here and I don't intend to insult you, but it sounds like you're trying to be tricky so you and your buddy can go hunting. One of those arrangements where you claim the gun, or guns, are all yours and he won't touch them. If he really is a hunting buddy then you absolutely need to go talk to a lawyer so you can make rational plans. It's natural to want to help your friend, but the felonious hunting buddy gun possession gambit is not new and is not clever. Yeah, I understand what it looks like and I'm not offended at all, it's a totally reasonable assumption. I just wanted to hunt with both my buddy and my own gun, but the more I look at it the more it's not an option, period. sephiRoth IRA fucked around with this message at 18:49 on Sep 10, 2013 |
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Sep 10, 2013 18:42
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areyoucontagious posted:... it's not an option, period. Smart move. I made that same decision when I had a similar issue. areyoucontagious posted:I'll probably go buy a bow. You'll never regret this. After a while, hunting with a rifle feels like cheating. That and you can hang out in the woods drinking with scofflaws and felons. They tell some of the best stories.
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Sep 10, 2013 19:49
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Plus, it's a far more exclusive group with that skill, and is inherently more badass.
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Sep 10, 2013 19:55
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You won't meet a lot of bow hunters. Hunters kill things. Bow carriers, now, that's another story. The woods are full of 'em.
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Sep 10, 2013 20:05
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Bad Munki posted:Plus, it's a far more exclusive group with that skill, and is inherently more badass. I think that's how I'm going to convince my wife to let me buy a bow. "I'll be so much sexier and rugged!" Also, I think at this point if I'm following the other posters in the thread, I'm supposed to say that I'm just going to toss my gun on the passenger seat and everything will be fine, and you guys are being assholes for suggesting otherwise! Thanks again, dudes, I don't want my friend to go to prison 
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Sep 10, 2013 20:20
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flakeloaf posted:You won't meet a lot of bow hunters. Hunters kill things. Bow carriers, now, that's another story. The woods are full of 'em. Bow hunting means never having to say your sorry about that empty freezer. If I ever get productive with a bow, I'll switch to the atlatl. As for being a bad rear end, these guys are the bad rear end gold standard: https://www.youtube.com/watch?v=TBpu4DAvwI8
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Sep 11, 2013 01:07
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I have a question about probating wills, I'm in Texas. My dad passed away May 3rd, I know he had a will because he was a financial consultant and was super careful about record keeping. He had a file with his DD214, social security card from the 1960's, etc. set aside for his wife to easily access when he died. The only mention of a will I have heard is from my uncle that he left a piece of land to out of state. My dad and I had a tense relationship, mainly due to conflict between his wife and I. My step-mom was named the executor of the will, which from what I heard is normal because she is the next of kin; I was a little surprised at this because she is not the legal/financially aware type. From what she has said he left money to a number of charities he was passionate about, and then there is the land left to my uncle. I don't want to come off as greedy and just looking for money, but he was my dad and I feel like if he left something to my sister or I, or more importantly my son and his only grandchild I would like to know. I don't know much about what he had, but he worked for a long time and was all about saving for the future, so at the very least my son should have something coming to him. From what I have heard from others it's normal to probate a will within a month or two of the death. His death has been a big loss to all of us and my step mom probably doesn't know what the gently caress she's doing, but she has access to all of his/their friends and business associates to walk her through it. I am starting to get concerned because it has been four months and neither my sister or I have heard anything about it. Of course this is all complicated by the fact that she is, well to be honest a selfish narcissistic bitch and as much as I don't like her I am really trying to keep the peace. There are likely some things not covered in the will that I want like family photos from before he married her. I feel like asking her about it would just agitate her, and as much as I don't like her, I am trying to keep the peace and be kind for the sake of all parties involved. How long is too long to probate a will, and is there some advantage to any one to putting it off? If it comes down to it is there anything my sister and I can do to make her file the appropriate paper work and get the ball rolling?
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Sep 11, 2013 20:29
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Toothbrush posted:I have a question about probating wills, I'm in Texas. Here's some light reading: http://www.fordbergner.com/legal-practice-areas/texas-probate/probate-process There's no benefit to waiting. This delay seems abnormally long. Talk to a probate lawyer.
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Sep 11, 2013 21:00
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I am pretty sure the statute of limitations on probating a will is 4 years after date of death. I don't think there is anything you can do to make her hurry up unless for some reason you thought you had a better claim to be the executor (it doesn't sound like you do). I've only handled a little bit of this stuff so I could be way off.
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Sep 11, 2013 21:02
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Toothbrush posted:I have a question about probating wills, I'm in Texas. I'm not a lawyer, but I am someone who just finished going through the Probate process. When i first started the probate process, it was about 5 months after my mom died. There are reasons for this, but they aren't important. The woman i talked to at the probate court said that there was no statute of limitations, so long as the taxes on any property in the dead persons name were paid. She then went on to explain how a few hours earlier a woman had come in to start the probate process on her husband who had died in 1976 So.... Then again, this is Michigan so maybe your state is different. obviously, you will want the executor of the estate to keep you in the loop. On the inventory form i had to fill out, it asked for (property/inventory item) and who the executor wanted it to go to if it wasn't specified in the will.
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Sep 12, 2013 00:01
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Beneficiaries can normally compel an accounting and distribution through the courts. You'll need a lawyer.
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Sep 12, 2013 00:19
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euphronius posted:Beneficiaries can normally compel an accounting and distribution through the courts. You'll need a lawyer. I think the estate has to be open to compel distribution. I don't know how to force the testator's preferred executor/administrator to apply for letters testamentary, at least in a timely fashion. Also I think there is a time limit on when you can compel distribution once the estate is open (I want to say you can't compel until two years after appointment). This is all from hazy recollection in Texas.
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Sep 12, 2013 02:17
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I have a "Hyatt Legal Plan" that is essentially useless. The first time I tried to use it it apparently wasn't worth the time for any of the 4 lawyers I contacted to call me back. The second time was a dispute with a business and the one lawyer who called be back about it said there would be a $45 filing fee, which I thought was supposed to be covered by what I'm paying for the plan anyway.. I talked to HR and they said I can only drop it during open enrollment. Healthcare I can understand, but this stupid legal plan? Is my company allowed to say I can't drop this plan until open enrollment? Couldn't find anything online regarding this.
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Sep 12, 2013 22:25
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I have a bit of an unusual situation that may be more appropriate in the finance subforum, but I'm posting it here first because of potential legal issues involved. Backstory: I'm in Ohio. About 2 years ago I was starting another semester of grad school. Up to this point I had a tuition waiver, but there was an issue (unimportant to this situation, I think) that would have caused me to lose the waiver. I had to take out a Stafford loan to cover tuition, but I managed to secure a research assistantship several days after the semester started which meant I had that tuition waiver once again. However, there was some sort of agreement between my degree program's department and the department through which I had my assistantship that involved them sharing the cost of this waiver. Here's the issue: I received a tuition credit from both departments within a week of starting classes. Long story short, I ended up with a semester's worth of tuition money in my bank account while still receiving a tuition waiver. Basically a windfall. I ended up putting the issue on the backburner until a few months ago when I decided to ask the university bursar what had happened. All they could really tell me is that it appeared both departments credited me the tuition waiver and that I had no balance due with the university and what individual departments do with their funds is their decision. It does seem like a mistake, though--I'm assuming there was some misunderstanding and both departments thought they were on the hook for for my tuition, so I received a credit from both. So here's the question: Is this my money? Do I have a legal obligation to contact each department individually to tell them what happened, or did contacting the bursar technically settle it? Or is there no free lunch?
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Sep 12, 2013 22:32
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There's no free lunch. You might get away with the theft because the right hand doesn't know what the left is doing, but it's still illegal.
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Sep 12, 2013 23:24
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What would be the appropriate way to determine to whom the money actually belongs, if that's the case? The bursar already told me I don't owe them anything. Do I write a letter to each department asking them how to proceed? Because I think the issue is between them to decide who it belongs to, if not me. And if they (presumably) both allocated the money to me, haven't they given consent? I know these seem like dumb questions but if the money isn't mine, I have no idea how to get rid of it.
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Sep 13, 2013 00:07
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joat mon posted:There's no free lunch. You might get away with the theft because the right hand doesn't know what the left is doing, but it's still illegal. I don't see OPs actions falling within that statute. OP didn't take more than he was supposed to, he received more than he was supposed to. OP's only intent is in regard to retaining possession, not obtaining possession. A judge, jury, or DA might disagree with me and there may be a different statute covering this fact pattern. Also, there are civil actions possible against OP, unjust enrichment comes to mind but I'm not sure. In any case, there is no free lunch until a statute of limitations prevents action against OP or until a valid defense like laches attaches. Oops - just saw OPs response. Talk to the department heads. The bursar already told you it was their problem. Letters are good because they document your effort to do the right thing.
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Sep 13, 2013 00:14
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I have a question about an employment issue. I work in a contracted academic position at a major university in California. I was hired on 08/01/12, and was supposed to have my contract renewed on 08/01/13. According to the staff member in my department who handles personnel, my name "somehow slipped through the cracks" when she was processing annual contract renewals, and so I was unknowingly terminated on 07/31/13. I didn't realize until I didn't get a paycheck for August two weeks ago. Apparently I was supposed to have a performance review; I was not aware of that (since it was my first year and hadn't been discussed) but my supervisor took care of that quickly as soon as we found out. That was September 3rd. As of now, I've been working for 6 weeks (August and 2 weeks of September) and still haven't been paid for August. This isn't ruining me financially (although the staff member has no way of knowing that), but it's screwing with my work life in any number of ways. I can't buy a parking pass (I commute a long distance daily), my library card can't be renewed (I need some ILL material for my research, NOW), and I keep having to deal with being denied services (basically anything I log into with a username and password is getting systematically turned off). Luckily my health insurance remained active because that's on a separate non-payroll list. Normally I would try to be understanding, but every few days I ask for an update and the staff member has no idea when I'll be re-employed/paid, promises to let me know, and doesn't get back to me. I've already contacted HR and my benefits rep; they've said they're waiting on the staff member or "paperwork" (kind of closing ranks a bit, it seems to me). My supervisor thinks the staff member is inept, but we're right in the middle of research and obviously he doesn't think I can/should stop working. I'm really uncomfortable with working and not even being an employee, let alone not getting paid. I guess my questions are, how illegal is this, if it's very illegal what should I do about it, and when should I do it?
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Sep 14, 2013 01:18
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Baja Mofufu posted:I have a question about an employment issue. I work in a contracted academic position at a major university in California. I was hired on 08/01/12, and was supposed to have my contract renewed on 08/01/13. According to the staff member in my department who handles personnel, my name "somehow slipped through the cracks" when she was processing annual contract renewals, and so I was unknowingly terminated on 07/31/13. I didn't realize until I didn't get a paycheck for August two weeks ago. Apparently I was supposed to have a performance review; I was not aware of that (since it was my first year and hadn't been discussed) but my supervisor took care of that quickly as soon as we found out. That was September 3rd.
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Sep 14, 2013 01:24
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Thanatosian posted:Is this a public university or a private university? It's public (UC).
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Sep 14, 2013 01:27
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I'd try and get in contact with someone higher up in HR/payroll. At the very least, you need to get written confirmation that you are still employed and that you are owed money for back wages. If you get stonewalled when trying to go higher up, and especially if they are reluctant to discuss this over email, then you need to get serious. One drastic measure you could take is to clear your schedule for a day, show up at the HR office first thing in the morning, and refuse to leave until the issue is resolved. It's easy to ignore an email or phone call, it's a lot harder to ignore someone physically there breathing down their neck.
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Sep 14, 2013 05:43
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So. I have been in a battle with a seriously douchey EX in court in regards to child support, custody, and visitation rights. Last year said douchey EX and I more or less came to a legal agreement, but as circumstances have changed, there are still some changes that I feel need to be made to the agreement. I have been looking back what on what I could have done differently to get a better outcome, and, in hindsight, I have been feeling pretty screwed over by the passive attorney I had hired to represent me this case (some examples include, but are not limited to: my lawyer not fighting harder for me to have sole legal custody as I had requested; my lawyer including the EX's grandparents in the legal agreement against my insistence they not be mentioned; the lawyer making concessions without my approval when negotiating with the EX's "bulldog" attorney on important matters such as visitation arrangements, child support (amount was rounded to "an even number" which happened to be $20 lower than the required amount as requested by my EX); etc.--I can only assume the reasoning behind such ineptitude can be attributed to his relative newness to the field  ). I am in a better place than I was last year and I feel ready to venture forth and get the ball rolling on finding an attorney who can be an influential advocate for my child and I in court. I went ahead and filled out the form on the Lawyer Referral Service (LRS). My question here is: are there any tips/questions I can ask that would assist me during a 30 minute consultation so that I might find a lawyer more suited to my needs? I am not sure what I'm looking for [in a lawyer] exactly other than expertise in Family Law and somebody who actually 'gets' me and my situation. IAmNotYourRealDad fucked around with this message at 01:11 on Sep 15, 2013 |
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Sep 15, 2013 01:05
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