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In PA if they separate consensually (most of the cases) it is not "desertion". Fun times: at common law there was no desertion exception to the elective share.
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Oct 30, 2013 17:22
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Isn't there an exception for not sticking around during Testator's final illness? I wonder if that's arguable.
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Oct 30, 2013 18:39
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I've got a dilemma regarding property lines I'd love some advice on if anyone has experience on the matter. I bought my house in 09, and about 6 months ago the house next door sold. It was kind of a dump, so the company that bought it tore the old house down and is putting in a new duplex. Apparently the fence on the west side of my property extends about 12-18 inches into their property, and they are offering to move my fence back on to the official property line during construction, and then build an entirely new fence once construction is completed. This sounds nice and all, but I'd prefer to keep the existing fence where it is, as well as the extra space currently in the corner of my yard that apparently belongs to them. Should I give them permission to move the fence it where it is allegedly supposed to be, or should I check with a lawyer first? Is Adverse Possession something I should be researching? The fence has been here longer than I've owned the place, and there are several semi permanent structures that are right on the property line, including the edge of a brick patio, a covered area to store a couple bikes, and my sprinkler box. This is in Denver CO.
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Oct 30, 2013 22:18
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Talk with a local lawyer to get fully informed, but they are offering you a really good deal compared to the costs of winning the average real estate dispute.
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Oct 30, 2013 23:28
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Yeah, you may have a decent adverse possession claim (it'll depend on how long the fence has been there-20 years is a common time-frame), but fighting it will be expensive and take forever and lead to horrendously acrimonious disputes between you and the neighbor. Ask if they'll cover the costs of moving/replacing the semi-permanent structures as well.
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Oct 31, 2013 00:01
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Might as well go whole hog and ask them to pay you too
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Oct 31, 2013 03:31
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You could also ask the county to bring an inspector to establish property lines. This is a fairly common thing to do when renovating. Nobody other than the county has maps of actual property lines. Don't trust the contractors that your neighbor hired to determine what is yours. e: grammar TATPants fucked around with this message at 05:39 on Oct 31, 2013 |
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Oct 31, 2013 05:35
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TATPants posted:You could also ask the county to bring an inspector to establish property lines. This is a fairly common thing to do when renovating. Nobody other than the county has maps of actual property lines. Don't trust the contractors that your neighbor hired to determine what is yours. Absolutely make this happen before you agree to anything, and then enjoy your new fence (you were just "borrowing" that extra bit of land). Fighting this would probably end up costing you more than you would gain. And as was suggested already, have them fix any semi-permanent structures that would be affected by the new fence line.
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Oct 31, 2013 07:27
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Yeah, I've been leaning towards letting them do what they need to do, and the guy sent me an email outlining everything they were going to do in writing, so I guess I'll go for it. They have already had the property surveyed by a certified surveyor, so I have no reason to believe there's any funny business going on. They are trying to get my OK to proceed as soon as possible, like, they want to start today. It sounds like I can either let them do what they need to do and have them move and rebuild all my poo poo for me, or I can drag my feet and explore the legal angle, which would cost both of us time and money, and I'd probably end up losing anyway. Plus these guys are going to be up in my poo poo for at least 6 months during the construction process, might as well try to stay on their good side. Thanks for the responses everyone. Here's a picture of the fence in question, in case anyone is curious. The official property line is marked by a yellow pin just to the right of those cinder blocks up front. Nice call using yellow for the pin during fall, surveyor guy. 
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Oct 31, 2013 15:47
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So about two weeks ago my apartment complex flooded. The units on the bottom story all had water get into them and had their carpet and a lot of stuff ruined. I personally feel like this is due to shoddy drainage (no drainage). My car was also flooded, but is being repaired under insurance. Last night it all happened again (minus my car) and my roof has begun to leak. I am on the second story so I haven't been flooded but my downstairs neighbor was and after sending a certified letter to repair the leaks, they have done nothing. He is going to attempt to get out of his lease since they aren't maintaining a livable environment. Is there some way I could also get out of my lease? I have a new property that I am interested in that will likely be leased soon and I would like to be able to jump on it.
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Oct 31, 2013 19:37
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Joey joejoejr182 posted:Yeah, I've been leaning towards letting them do what they need to do, and the guy sent me an email outlining everything they were going to do in writing, so I guess I'll go for it. If you go this route, get the agreement on paper with the developer's signature. I've seen these sorts of deals go south a few times with the fence torn down and never replaced. Keep in mind that this is a developer, not a neighbor, that you are negotiating with. Joey joejoejr182 posted:They have already had the property surveyed by a certified surveyor, so I have no reason to believe there's any funny business going on. Get the name of the surveyor and confirm the survey. Do not accept the word of the guy trying to grab land to which they may have no right. Get quotes from other surveyors. After all, it looks like the survey has already been screwed up at least once. (either the new one or the original one) Joey joejoejr182 posted:They are trying to get my OK to proceed as soon as possible, like, they want to start today. Oh BS. They've been working on this for months and have had plenty of time to talk to you. At best, they just discovered that the property line may not match the fence line. In other words, they are trying to pressure you into accepting a deal. It really is worth your while to talk to a lawyer. The adverse possession period for CO is 18 years and there's a very good chance that little stretch of dirt belongs to you. Figure it out before you let someone take what is yours.
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Oct 31, 2013 22:08
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Only two months ago our firm finished up a case that dragged on for years because of an incorrect survey before construction. If you're actually encroaching they seem to be offering you a good deal. But you really need to consult a real estate lawyer to make sure they're not trying to gently caress you over and to make sure you get ironclad paperwork before you do anything that could give up your rights.
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Oct 31, 2013 22:35
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Didn't you get a survey done before you bought your place?
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Oct 31, 2013 23:52
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Guy Axlerod posted:Didn't you get a survey done before you bought your place? It's pretty common to not do so unless you have some specific, obvious concern.
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Nov 1, 2013 00:12
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Bad Munki posted:It's pretty common to not do so unless you have some specific, obvious concern.  I would not buy property without at least seeing a recent survey on paper.
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Nov 1, 2013 00:37
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I suppose a lot of it would depend on the size of the property, the existing structures in the area, and the age of the building. I'm not saying you wouldn't bother to look at that information at all (and it's often available pretty readily, especially if the county in question has any sort of GIS system on their website), just that it's not necessarily one of those always-done closing costs. If you're buying a fair-sized open plot and there's clearly nothing encroaching, why bother? You can hop on the county assessor's site, get the rough layout, confirm for yourself that nobody's encroaching, and call it a day. Obviously that all changes with zero lot lines or even anything approaching the same. Bad Munki fucked around with this message at 01:02 on Nov 1, 2013 |
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Nov 1, 2013 01:00
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I have a question regarding Non Profits and Charities, specifically those that allow businesses to "write" off donations to those companies. If you have a non profit that paid for classes for a school, could that school donate to that non profit/ charity and write off that as an expense. The next question : Could that organization reward volunteers with classes to said school for volunteering at events and or certain functions of the charity.
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Nov 1, 2013 21:27
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BiohazrD posted:So about two weeks ago my apartment complex flooded. The units on the bottom story all had water get into them and had their carpet and a lot of stuff ruined. I personally feel like this is due to shoddy drainage (no drainage). My car was also flooded, but is being repaired under insurance. Maybe. Get a lawyer though so you don't get screwed. It also may all depend on your state's law.
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Nov 1, 2013 21:38
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Big scary potential legal question. My girlfriend's dad is in jail for BAD THINGS. She cut off contact with him basically at the point he did BAD THINGS because he threatened her and her family at the time and was never a good dad. He has her cell phone and occasionally calls her or has other inmates/outsiders call her to check up on her, generally innocuous "hi are you doing okay?" Like four years ago was the last call and he said he's not doing good. He just called yesterday and said he's got like a month to live and 1) He doesn't want to be buried in the prison 2) He wants to be buried in another state with one of his parents 3) He doesn't want to be cremated (what they do with inmates in his state) 4) He has a few items he'd like her to have (photos or something) 5) He got really upset and was like "why are you so horrible" when she implied she didn't want anything to do with this because he's a piece of poo poo Now, this isn't a "what should I do" thing because we've already talked and she still blames him for years of abuse/neglect as a terrible prison dad and she doesn't want to ever deal with this. However she.. gave him our address, which honestly kinda scared the poo poo out of me, and said he could give her number to his counselor or something who is supposed to handle legal things. I don't like that he has her address/cell phone. Here is the advice I am seeking: 1) Is she under any obligation as next of kin to do anything if an inmate dies in prison (ie burial costs, etc) if she does NOT want to have any part of it 2) Who the hell actually handles this sort of stuff for prisoners knowing they are terminal? I mean like, if she actually talked to whoever is handling this are they a lawyer, or a prison lawyer, or a prison employee that just handles burial costs or something? Prison is in Georgia, we're in IL. 3) Honestly if you have ANY advice or experience with this sort of thing I could use it. I kept cool while we talked about it but it kinda scared me because he's a bit yknow, scary.
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Nov 1, 2013 21:59
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Not an Anthem posted:Big scary potential legal question. Not exactly legal advice, but how sure are you he's telling the truth about being terminal, and not just loving with her?
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Nov 1, 2013 22:05
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Not an Anthem posted:Big scary potential legal question. 1. No. 2. Most likely his case manager, a prison employee. 3. Take a deep breath. Then take a few more. Chill out. If he was hell-bent on finding your girlfriend to do BAD THINGS to her from prison/beyond the grave he wouldn't need to call her up and ask her to get that information.
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Nov 1, 2013 22:26
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Thanatosian posted:Not exactly legal advice, but how sure are you he's telling the truth about being terminal, and not just loving with her? Yeah we know this but he's been fairly brutally honest for being such a bad dude with addictions. I have dealt with people in my own family who have serious lifelong addictions and know the lengths they go to lie and manipulate and this could easily be something like that. joat mon posted:1. No. Cool. Sorry. I just am in a panic. I contacted the ombudsman/family something in his state's prison system and some others for more info. He's not out to get her but the concern is increased contact which she wants none of- he seems to hire out guys with cell phones inside or outside to contact her for him which sucks.
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Nov 1, 2013 23:07
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Hollis posted:I have a question regarding Non Profits and Charities, specifically those that allow businesses to "write" off donations to those companies. I think you would have better luck asking here: http://forums.somethingawful.com/showthread.php?noseen=0&threadid=3394641&perpage=40
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Nov 2, 2013 00:24
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A quick question on confessions and the whole idea of Mens Rea. If one has committed a crime by accident (say by handling stolen goods whilst unaware that they have been stole) but then becomes aware of the crime that they have committed several years afterwards what is their legal standpoint? Should they hand themselves in to the police, or are they more likely to be arrested for wasting police time than they are to help anything?
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Nov 2, 2013 22:44
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There may be a mistake of fact defense, plus the person might also be past the statute of limitations to begin with.
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Nov 2, 2013 23:19
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ibntumart posted:There may be a mistake of fact defense, plus the person might also be past the statute of limitations to begin with. What is one of those?
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Nov 2, 2013 23:20
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You can read up on it here. The article actually directly addresses your scenario, I just noticed:quote:In Criminal Law an honest and reasonable mistake of fact can eliminate the mens rea element of criminal responsibility. Mens rea is Latin for "guilty mind," and, along with an act, a guilty mind, or a criminal intent, is required before a person can be held criminally responsible for most crimes. For example, assume that a person who buys stolen goods honestly and reasonably believed that the goods actually belonged to the seller. This would negate the criminal intent necessary to be convicted of receiving stolen goods, and the buyer would not be held criminally liable.
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Nov 2, 2013 23:25
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ibntumart posted:You can read up on it here. The article actually directly addresses your scenario, I just noticed: Wow, I am apparently good at coming up with hypothetical situations. And thank you very much for the fast response! Very much appreciated. Oh and one last thing, in what situations are character witnesses usually used? Josef bugman fucked around with this message at 23:38 on Nov 2, 2013 |
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Nov 2, 2013 23:32
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Josef bugman posted:Oh and one last thing, in what situations are character witnesses usually used?
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Nov 3, 2013 02:24
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Anyone who turns themselves in to the police without actually talking to a criminal defense attorney beforehand is probably too stupid to be free anyhow.
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Nov 3, 2013 02:56
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nm posted:Anyone who turns themselves in to the police without actually talking to a criminal defense attorney beforehand is probably too stupid to be free anyhow. Why do you say that?
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Nov 3, 2013 08:39
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Because if you can control to any extent the circumstances under which you are arrested, you should engage someone whose job it is to help you BEFORE you throw yourself to the wolves. The only way you get a deal for turning yourself in is when your lawyer negotiates it. The police don't look at you and say, “oh well since you turned yourself in, we'll just let this one slide" and then let you go. Once you're in custody it's up to a lawyer to get you the most favorable outcome. Jesus why do people need to be told this.
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Nov 3, 2013 14:47
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Also because a good criminal lawyer will know the procedures from booking through a bond review and will be able to tell you the best time and place to turn yourself in to get quickly in front of a judge who is more likely to lower your bond.
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Nov 3, 2013 15:09
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Because the police may not, and usually won't, believe you when you tell them that you "honestly and reasonably" thought the goods weren't stolen. (Most people caught with stolen goods say exactly the same thing) Also, in most jurisdictions, the question isn't whether you honestly and reasonably thought the goods were legitimate, it's whether you "knew or should have known" the goods were stolen - a semantic difference that directs the intent-finder toward guilt. You will have confessed to the observable facts of the crime, leaving only the 'intent' part of the crime, which is inferred from the facts you've supplied, the determination of which ends up being an 'in eyes of the beholder' (in your case, the police, the prosecutors and the jury) question. In a situation such as this, you are not required to report a crime. One is never required to report a crime one has been involved in.
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Nov 3, 2013 15:17
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My wife lost her job in May. She has looked diligently for a job since then, been turned away time after time, but managed to keep her head up and stay positive through it all. It's been really frustrating to watch as I KNOW she is great at what she does and would be a benefit to anyone who would hire her. Three weeks ago she was offered, in writing, a job that had excellent benefits, a great increase in pay from what she made before and a strict 9-5 rule. It would have been great for her and great for our family. She accepted, in writing and began their hiring process; drug test, physical, criminal background check and bonding. She stopped her job search and let all of the leads she had been working on go. She was to start on Monday 11/4 as they require everyone to go through orientation and they only do that the first Mon-Wed of each month. The orientation instructions were also in writing as well as the results of her pre-employment items, all of which she aced. She gets a call Friday at 4:00 from the HR person telling her that the job offer has been withdrawn. The HR woman sounded legitimately upset on the phone but told her basically this: she was hired by HR without the knowledge of the department head for whom she would be working. When said department head was informed of this, he was very angry that a decision had been made without his input and he refused to accept it. Sorry, nothing we can do. --------------------- I posted a much longer version of this as a rant on another site I belong to, basically because it was 3 am and I wanted to get it off my chest. It was widely speculated that she has a legal case of some sort (I know, the Internet told me so it must be true...ha ha). Is this at least worth a phone call to a lawyer or should she just move on and forget it? Sorry, jurisdiction is Nebraska.
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Nov 3, 2013 17:34
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What do you expect to get from them?
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Nov 3, 2013 18:49
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joat mon posted:In a situation such as this, you are not required to report a crime. One is never required to report a crime one has been involved in. That seems a little strange, I'd have thought that it'd be a requirement to report a crime.
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Nov 3, 2013 19:55
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Presumably reporting a crime you were involved in is under 5a.
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Nov 3, 2013 20:23
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ncumbered_by_idgits posted:My wife lost her job in May. She has looked diligently for a job since then, been turned away time after time, but managed to keep her head up and stay positive through it all. It's been really frustrating to watch as I KNOW she is great at what she does and would be a benefit to anyone who would hire her. I had literally the exact same thing happen to me. Only I rented an apartment and moved a couple hundred miles away to start this new job that I had already signed the paperwork for and everything. I blew through ALL of my savings moving down there, deposit on the apartment, rent (by myself which was expensive), etc etc. And a week before the job started I was told I couldn't be hired, because the woman who hired me did not get the OK from her boss first. I sent a few very angry emails to a couple people at the company and they all said the same thing - we aren't responsible for anything, not responsible for any of your lost time/money, we owe you nothing even though you already signed all the papers and we said you got the job and would start next Monday. I actually made a thread about it on here, it was a few years ago. General consensus was you're poo poo out of luck. Just be glad you didn't get stuck in a 6-month lease in an expensive apartment by yourself with no job like I did. Oh and here's the best part about my story - less the a month later they gave that job to a friend of mine. Exact same job working for the exact same people doing the exact same stuff. I didn't even get a call or an email about it, one day my friend just started working there. Working this job that they supposedly "didn't end up getting the funding for" or whatever they told me at the time.
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Nov 3, 2013 23:21
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Josef bugman posted:That seems a little strange, I'd have thought that it'd be a requirement to report a crime. Not in the US, except in very limited circumstances where one has some greater duty of care (e.g., teacher, doctor, childcare worker duty to report child abuse)
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Nov 4, 2013 04:40
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