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Would these liabilities apply if it were BYOB? What if the managers said "The office christmas party is BYOB. On a unrelated subject, everyone is getting a amex gift card, wink wink nudge nudge."?
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Jan 17, 2014 17:17
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Just go get drunk with your coworkers somewhere else.
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Jan 17, 2014 17:21
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If I wanted to sell maps online of fictional landscapes, for example Harry Potter, would I be infringing if I didn't include labels that are copyrighted? For example, the Hogswarts castle and surrounding area. As long as I didn't have a labels that had words like Hogwarts, Hagrid, Quidditch, etc, would I be okay? It would be custom made maps from scratch. Is there any possibility I would be able to add labels? Would I be able to advertise it on a website as "Hogwarts Map"? I assume it's also legal for me to make custom maps of real places, like New York, and include labels of streets and geographical landmarks? hayden. fucked around with this message at 17:56 on Jan 17, 2014 |
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Jan 17, 2014 17:51
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hayden. posted:If I wanted to sell maps online of fictional landscapes, for example Harry Potter, would I be infringing if I didn't include labels that are copyrighted? For example, the Hogswarts castle and surrounding area. As long as I didn't have a labels that had words like Hogwarts, Hagrid, Quidditch, etc, would I be okay? It would be custom made maps from scratch. Is there any possibility I would be able to add labels? Would I be able to advertise it on a website as "Hogwarts Map"?
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Jan 17, 2014 17:59
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Guy Axlerod posted:Would these liabilities apply if it were BYOB? It's not really about who's paying for the booze, it's about whether it's a work function or not. You and a coworker at your house or bar isn't a coworker, so the company's not liable. You and all of your coworkers starting drinking in the office, moving to a strip club where you keep drinking, then driving drunk and hitting someone can make the company liable.
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Jan 17, 2014 19:03
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I looked back a couple pages and didn't see this mentioned. How do I go about creating a will? Do I need a witness to sign it or is it better to do it through a lawyer / law office? What about a living will, I know there are several different names for them in the US and I didn't know if some forms were more legally binding than others. Basically I want a DNR. How much would it cost to hire some one to get all this paperwork made? I'm in California.
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Jan 17, 2014 19:39
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 Hypothetical question  When you're driving along and do a hit and run where you didn't realize you hit a person until later, you're supposed to contact the police once you find out what happens. Where's the line between contacting the police without incriminating oneself? No, I didn't really do this. It's really hypothetical. heliotroph posted:I looked back a couple pages and didn't see this mentioned. How do I go about creating a will? Do I need a witness to sign it or is it better to do it through a lawyer / law office? What about a living will, I know there are several different names for them in the US and I didn't know if some forms were more legally binding than others. Basically I want a DNR. How much would it cost to hire some one to get all this paperwork made? I'm in California. One of these types of wills is called a holographic will
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Jan 17, 2014 19:39
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heliotroph posted:I looked back a couple pages and didn't see this mentioned. How do I go about creating a will? Do I need a witness to sign it or is it better to do it through a lawyer / law office? What about a living will, I know there are several different names for them in the US and I didn't know if some forms were more legally binding than others. Basically I want a DNR. How much would it cost to hire some one to get all this paperwork made? I'm in California. It depends on what your situation is, really. The CA Bar website has a lot of information that can help you decide what to do: http://www.calbar.ca.gov/Public/Pamphlets/EstatePlanning.aspx If you have a really small estate you could probably cover yourself with a simple will: http://www.calbar.ca.gov/Public/SimpleWill.aspx If you do this, make sure to read carefully and follow all the instructions. It needs to be signed by two independent witnesses to be valid. I can't really tell you how much it would cost for just a will and powers of attorney, but the estate planning packages I used to do (revocable trust, will, powers of attorney for health care and finance and any other required documents like guardianship or whatever) were $3500. Those were for people will fairly large estates, though, and had estate tax stuff built in to them, which is where most of the cost came from. A power of attorney for health care is typically more involved than just a DNR, but if you want to cover yourself immediately, you can get a DNR form from here: http://www.emsa.ca.gov/Forms
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Jan 17, 2014 20:15
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I looked at that CA fill in the blank will, and I would not advise anyone fill that out without a lawyer. Dear god.
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Jan 17, 2014 20:19
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heliotroph posted:I looked back a couple pages and didn't see this mentioned. How do I go about creating a will? Do I need a witness to sign it or is it better to do it through a lawyer / law office? What about a living will, I know there are several different names for them in the US and I didn't know if some forms were more legally binding than others. Basically I want a DNR. How much would it cost to hire some one to get all this paperwork made? I'm in California. We did a set like that at my office, PoA, Living Will, Will, and Healthcare Proxy and provided witnesses, for a flat $750. Not exactly sure how competitive that is but you can probably find something similar in your area. I wouldn't want to do something like that myself only because the DNR may get complicated. We also had 3 witnesses (you need 2 but if poo poo gets contested and you can't find one it's good to have a back up to call).
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Jan 17, 2014 20:19
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A cheap solution for wills is legalzoom.com, which has been advertised on earwolf podcasts for so long they must be doing something right. Not an endorsement, just something that fills your need that you may not have heard of.
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Jan 17, 2014 22:46
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Filing out internet forms pro se is dumb. Do not do it.
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Jan 17, 2014 22:48
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tehloki posted:A cheap solution for wills is legalzoom.com, which has been advertised on earwolf podcasts for so long they must be doing something right. Not an endorsement, just something that fills your need that you may not have heard of. The thing that they are doing right is probably continuing to pay earwolf for the spots? I mean, this is like saying 'Well I keep seeing these ads for used car lots, they've got to be doing something right!' The fact they can make money doesn't mean they're actually providing a good service - the number of people who have the chance to complain their will didn't go as planned is pretty small, and its not like they're worried about repear business.
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Jan 17, 2014 22:53
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California lawyers love selling everyone inter vivos trusts when a will would do. It might have something to do with community property, I don't know. No one here is in danger of paying federal estate taxes.
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Jan 17, 2014 22:55
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Isn't it also the cost/hassle of going through probate court vs. administering the trust?
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Jan 17, 2014 22:59
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Usually overstated. Probate is not that bad. In my stupid little county you don't even need to go to court to close an estate. It may be in California though IDK. It is a strange place. But the hassle with inter vivos trusts is not negligible. You have to re-title everything and if you get divorced, god drat, forget about it. Administering trusts also have costs and administration expenses. And they do not avoid state inheritance taxes for those states that have such taxes. Avoiding probate is really not that important. Now, inter vivos trusts are HUGELY BIG TIME important for Federal Estate Tax planning, but that is for super rich people not posting here. Again, I have no idea about CA law. It may as well be China to me. euphronius fucked around with this message at 23:04 on Jan 17, 2014 |
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Jan 17, 2014 23:00
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tehloki posted:A cheap solution for wills is legalzoom.com, which has been advertised on earwolf podcasts for so long they must be doing something right. Not an endorsement, just something that fills your need that you may not have heard of. Those forms are garbage.
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Jan 17, 2014 23:04
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euphronius posted:Again, I have no idea about CA law. It may as well be China to me. Yeah, the T&E folks in my office generally tell Utahns that probate vs. trust doesn't really matter, but for Californians apparently probate is much more expensive/a pain.
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Jan 17, 2014 23:07
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Yeah does not matter in Pennsylvania. In fact Wills are IMHO way easier since you dont have to bother with retitling every single loving thing you own.
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Jan 17, 2014 23:09
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I mean you're going to be dead anyhow, you might as well make it as complicated as possible for your heirs to get your stuff. I say go get a form off some geocities site.
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Jan 17, 2014 23:13
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Probate just takes a long time in California and it is really confusing if you are trying to do it yourself without a lawyer. It's not really expensive unless you have complications that require extraordinary work by the lawyer, because fees are limited by statute to a small percentage of the estate. We would typically recommend trusts for any client with anything but a really small estate, though, because trust administration is a lot quicker. If you have a really small estate (less than $150,000), you can do an affidavit to transfer assets without probate. YOu just have to wait 40 days after the person's death. And yes, I would not recommend that anyone use form documents (even Legalzoom or the like) for anything if they can afford to consult with a lawyer. But if you really can't afford a lawyer, using the simple will form and following the instructions is better than just writing something down on a piece of paper. In any case, a good lawyer should be able to give you a package deal based on what you need and if you don't need a trust, then it shouldn't be too expensive.
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Jan 17, 2014 23:37
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Thanks for all your opinions. I am not really worried about passing on a lot of assets since I'm a grad student, I just have a car and some heirloom objects that I'd like to make sure get passed on to the correct people. I'm more concerned about the funeral arrangements, like having a legal document making sure I am cremated and what to do with the ashes etc. I've just bought life insurance and taken care of that side of things to cover my academic debt plus taking care of my parents. I've experienced a fair amount of unexpected death in my peers so have been trying to make sure everything is set up just in case, so thanks for pointing me in the right direction. I'll look around for a good package deal/lawyer combo.
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Jan 17, 2014 23:55
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40 days is pretty quick. It takes longer in PA but because of the inheritance tax return, not probate per se. Trusts deal with inheritance tax too same as will only estates. The inheritance tax in PA is awesome for lawyers. I love estates so much fun.
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Jan 18, 2014 00:58
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If you have money in a bank account or assets in a brokerage or retirement account that you'd like to go to a particular beneficiary, you might want to look into a payable-on-death/transfer-on-death account. It costs nothing to put a POD/TOD on an existing account, and you don't need a lawyer or anything to set it up; just contact your financial institution and they'll give you the required paperwork. In many states, the money and/or assets in a POD/TOD account will pass directly to the named beneficiary upon the death of the account holder without going through probate. This means that the money is accessible immediately (usually it just requires the beneficiary to present identification and a valid death certificate for the account holder to the financial institution) and it is not considered part of the estate for probate purposes, so in many states it can't be taken to pay the debts of the estate. (This varies from state to state, however, so it's a good idea to ask a lawyer in your state to be sure.) A few states even allow TOD designations for cars and real estate as well, though real estate TOD deeds are much more complicated and should definitely go through a lawyer to be certain they are done correctly. The biggest downside to a POD/TOD is that, since it bypasses probate, you can't control it with your will; if you want to change beneficiaries for any reason, you have to remember to file the necessary paperwork for each account separately. You also usually can't name alternate beneficiaries (you can name multiple beneficiaries if your state and financial institution allow it, but each of them would receive an equal share; you generally can't name a secondary beneficiary who would only inherit if the primary beneficiary is dead). As such, POD/TOD accounts work best for simple estates with a small number of heirs. Even in a large estate, though, they can have their uses; for example, you could open POD bank accounts or CDs with fixed sums of money and leave each of them to a particular heir (like if you wanted to give each of your adult grandkids their own little nest egg that won't be tied up in probate and/or family drama over your will, or something), or you could open an account with some funds to help pay for immediate expenses and leave it to the person who would be handling your estate and arrangements, so that they don't have to pay for a funeral and related costs out of their own pocket while waiting for probate or life insurance payouts. Remember that the laws for POD/TOD accounts, like any estate laws, vary from state to state, so it would be wise to consult a lawyer in your state for any estate planning you do.
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Jan 18, 2014 02:46
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EAT THE EGGS RICOLA posted:I mean you're going to be dead anyhow, you might as well make it as complicated as possible for your heirs to get your stuff. I say go get a form off some geocities site. This is the absolute truth. Intestate succession can be amazingly simple and straightforward, even in CA. Much better to go the geocities route. Extra credit for doing it twice but only having the first one witnessed. heliotroph posted:I've just bought life insurance and taken care of that side of things to cover my academic debt ... I have never understood why anyone would pay for life insurance to cover a debt that will be extinguished by their own demise.
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Jan 18, 2014 02:47
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patentmagus posted:I have never understood why anyone would pay for life insurance to cover a debt that will be extinguished by their own demise. There are a lot of places where private student loans are not cancelled by your death, and can in fact be the responsibility of your estate or even your spouse, even if they aren't a cosignatory. And in fact, I think even in the case of federal student loans, the cancellation of the loans is considered a windfall, so your estate can be taxed on the amount of the loans. Yet another reason why you want someone who really knows their poo poo to help you with your estate planning.
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Jan 18, 2014 03:09
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Re: california probate You don't want to do anything in a California civil court if you'd like it done in less than a decade. The cutbacks have meant that everything but crim can't get done in a timely manner, esp in larger counties. Even criminal cases sometimes get dismissed when they don't have enough courtrooms.
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Jan 18, 2014 05:29
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chemosh6969 posted:
(hypothetically)
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Jan 18, 2014 06:37
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Ok, so let's say I have this friend... Actual hypothetical question: attempted mugging, victim shoves attacker in an attempt to escape, mugger falls and hits his head/breaks his neck/impales himself on punji sticks. Obviously the victim should call 911 but what do they do as far as lawyering up? Just refuse to speak to responders until they have counsel? Anyone know of actual cases where this has happened?
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Jan 18, 2014 07:30
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^^^^^^^^^^^ Yeah. Though right now I literally have the only case in the world where I'm 99.9% sure he'd have walked without charges if he'd just spoken up. (Still don't talk to the cops) joat mon posted:When you're sober. Unless they got your plate. Then from the bar after you order and consume many mixed drinks to get over being shaken up. Use cash so the bartender might not recall how many you had (which he will if you keep a tab) (hypothetically)
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Jan 18, 2014 08:01
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nm posted:^^^^^^^^^^^
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Jan 18, 2014 18:45
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QVC Drinking Game posted:I'm curious as to what, uh, hypothetical circumstances would result in that kind of situation. Let's not ask people to breach legal privilege please.
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Jan 18, 2014 18:49
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Alchenar posted:Let's not ask people to breach legal privilege please. Internet legal privilege without a client-attorney relationship, the most sacred relationship.
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Jan 18, 2014 20:03
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QVC Drinking Game posted:I'm curious as to what, uh, hypothetical circumstances would result in that kind of situation. How do I kill someone and get away with it.
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Jan 18, 2014 20:10
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mastershakeman posted:How do I kill someone and get away with it. Kill them with an icicle. Duh.
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Jan 18, 2014 20:49
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QVC Drinking Game posted:I'm curious as to what, uh, hypothetical circumstances would result in that kind of situation. Maybe if it gets dismissed. It does involve self-defense, and it is a pretty minor case to begin with. You will probably never have this situation, so shut up around cops.
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Jan 18, 2014 21:27
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At some point I heard something along the lines of "the Miranda rights do not apply in Canada" Was that somebody trying to tell me that cops do not have to read you these rights when you are being arrested in Canada, or that you can actually be charged with a crime for not providing statements to police here? Is either of these things anything close to true?
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Jan 18, 2014 23:04
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No the US constitution does not apply in Canada; they may have a similar thing there however (I don't know)
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Jan 18, 2014 23:08
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United States law does not, in general, apply outside of the United States.
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Jan 18, 2014 23:28
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LEO have to read you your article 10 rights in Canada (which give you the same protections as Miranda) before any interrogation when you are detained (some exceptions apply).
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Jan 18, 2014 23:39
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