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Quantum Cat posted:Can you point me in the right direction? http://www.massbar.org/for-the-public/need-a-lawyer Find out how much they charge when you get a referral. Or try to do it on the cheap by yourself and risk screwing up. (Edit: don't do it yourself)
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Mar 23, 2015 21:32
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Quantum Cat posted:Hi lawthread! My GF of seven years and I are planning to elope in May and I although my future-mother-in-law (FMIL) will be pissed, she'll get over it. However, being several husbands in, what my FMIL won't get over is her conviction that all men are gold diggers after her family's lucky charms. So lawgoons I ask you, how do I, in a sign of preventative good faith, go about getting a prenup that will render this moot. I'm in Massachusetts and I'm on kind of a budget, but my FMIL is a retired prosecutor so I'd like this thing to be bulletproof. Can you point me in the right direction? You need a family lawyer. Both of you do. As a criminal lawyer myself, that is the only legal advice I am qualified to give.
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Mar 23, 2015 21:34
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Quantum Cat posted:I'd like this thing to be bulletproof. You want the Massey Prenup. It's never been penetrated. Bad Munki fucked around with this message at 21:40 on Mar 23, 2015 |
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Mar 23, 2015 21:36
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Do it yourself if she has money. That way you can act dumb and get it overturned.
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Mar 23, 2015 21:37
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Bad Munki posted:You want the Massey Prenup. It's never been penetrated. Oh. It is a movie reference. I was hoping it had something to do with Jacqueline Massey Paisley Passey, High Quality Woman.
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Mar 24, 2015 01:51
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http://consumerist.com/2015/03/23/contractor-sues-spike-tvs-catch-a-contractor-for-false-imprisonment-defamation/ I was reading this article today and looked at the complaint he mentions suing people on the show / the homeowners plus "Does 1 through 100. " What is the purpose of that line? If there was really up to 100 people not named in the complaint aren't they "covered" anyway by the main suit? Not a lawyer at all, just curious as I have never seen that before.
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Mar 24, 2015 07:15
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Verdugo posted:http://consumerist.com/2015/03/23/contractor-sues-spike-tvs-catch-a-contractor-for-false-imprisonment-defamation/ It is very common language to include parties identified or discovered at a later date and have it relate back to the filing of the complaint so you don't blow a statue or something.
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Mar 24, 2015 07:22
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Edit: gently caress, ya'll need more to do.
blarzgh fucked around with this message at 20:45 on Mar 24, 2015 |
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Mar 24, 2015 20:40
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Quantum Cat posted:Hi lawthread! My GF of seven years and I are planning to elope in May and I although my future-mother-in-law (FMIL) will be pissed, she'll get over it. However, being several husbands in, what my FMIL won't get over is her conviction that all men are gold diggers after her family's lucky charms. So lawgoons I ask you, how do I, in a sign of preventative good faith, go about getting a prenup that will render this moot. I'm in Massachusetts and I'm on kind of a budget, but my FMIL is a retired prosecutor so I'd like this thing to be bulletproof. Can you point me in the right direction? Yeah, definitely go too a family law practitioner if you want a prenup. That said... What does your future wife want? If you and your fiancee decide to get a prenup, that's one thing. Getting one to just maybe please your FMIL? Geez. Try growing a pair instead. Your marriage is none of your FMIL's business.
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Mar 25, 2015 00:36
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patentmagus posted:Yeah, definitely go too a family law practitioner if you want a prenup. That said... I get the feeling the concern is that if they do separate, the FMIL will go all Grimma Wormtongue on his ex-to-be. Vvv I didn't say I agreed Blue Footed Booby fucked around with this message at 20:15 on Mar 26, 2015 |
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Mar 25, 2015 02:23
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Blue Footed Booby posted:I get the feeling the concern is that if they do separate, the FMIL will go all Grimma Wormtongue on his ex-to-be. Do you think a lot of parents don't side with their kids when they split up? Like in what case do you think this dudes mother in law wouldn't be whispering in her daughters ear how he is a d-bag if they were to get divorced. I'm pretty sure if that is his actual concern he's hosed in a bunch of ways. If your fiancee wants a pre-nump to protect herself, she should. It is super weird that you are the one posing this question since the party that wants to protect assets is the one that would seek out the pre-nump normally.
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Mar 25, 2015 13:16
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They have to run away to get married, and he's still calling her his 'girlfriend' and not his 'fiancé.'
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Mar 25, 2015 13:45
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jassi007 posted:It is super weird that you are the one posing this question since the party that wants to protect assets is the one that would seek out the pre-nump normally. Am I actually going to have to quote Intolerable Cruelty again, perhaps this time with an illustrative video?
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Mar 25, 2015 13:47
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Bad Munki posted:Am I actually going to have to quote Intolerable Cruelty again, perhaps this time with an illustrative video? please?
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Mar 25, 2015 20:09
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blarzgh posted:please? Hey buddy you know I'd never let you down. https://www.youtube.com/watch?v=KNiplLivjQI
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Mar 25, 2015 20:18
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Bad Munki posted:Hey buddy you know I'd never let you down. That's the second time I've heard the phrase useless as tits on a boar hog this week.
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Mar 26, 2015 01:33
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blarzgh posted:That's the second time I've heard the phrase useless as tits on a boar hog this week. Probably in the same accent, too!
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Mar 26, 2015 01:40
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blarzgh posted:That's the second time I've heard the phrase useless as tits on a boar hog this week. Was your Bar license up for review?
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Mar 26, 2015 01:50
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SkunkDuster posted:Was your Bar license up for review? No, I just live in Texas.
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Mar 26, 2015 02:01
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Hey ya'll, I need to send a notarized letter to my uncle denoting him the executor of my dead dads "estate". He and the "estate"(a pitiful plot of land) are in bum gently caress Alabama, while I am far away from that hell dump. Uncles been paying taxes on the land for years and he just needs something that allows him to act on my claim. My dad's dead wifes sister has the other part of the claim, which is 50/50 after debts in Alabama law. There is no will. What is the simplest thing I can do for this? I literally want to type up some bullshit about "I, (full name person) assign (uncle) as exucutor over (dead dads) land.", have it stamped and wash my hands of this baloney. These people literally call me drunk about once a fortnight to ask and I am over it. I'm aslo a poor so paying a notary is about all I can handle (and I don't want to).
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Mar 26, 2015 16:43
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The obvious solution is to make them pay for it if they want it that much.
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Mar 26, 2015 17:02
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DiHK posted:Hey ya'll, I need to send a notarized letter to my uncle denoting him the executor of my dead dads "estate". He and the "estate"(a pitiful plot of land) are in bum gently caress Alabama, while I am far away from that hell dump. Uncles been paying taxes on the land for years and he just needs something that allows him to act on my claim. My dad's dead wifes sister has the other part of the claim, which is 50/50 after debts in Alabama law. There is no will. First, double check your facts, because number one your uncle is not an executor if there is no probate. There's no probate if nobody is filed with the court to probate your father's estate. If what you're asking is how to give the land to tour uncle, first you have to actually take ownership of property in Alabama. I have no idea how it's done there; in Texas one thing we do is called an affidavit of heirship that you file with the land records department. After that you have to then give your interest to your uncle, presumably via a deed. As a practical matter what you probably need to do is call a title company in the county in Alabama where the land is situated. Explain your facts to them, and ask if they can provide the closing service for you. They should be able to draft the right Alabama documents to get the deal done for you and walk you through the steps. You can also request that your uncle (because he's getting free land from you) pay the cost of using the title company services, which are not as expensive as using a lawyer. I will say this though, it's generally not a good idea to just give away money. Land is money in the form of dirt. Even if your uncle has been paying the taxes on the property that doesn't make it his. Also you don't know where the land has accretion any value over the years, and you don't know how much it's worth. Just because the tax department says it's worth 50 cents doesn't mean it actually is. You may have tax consequences for transferring this land to your uncle. It may be a taxable gift or something else. I don't really know taxes. If you have a CPA that you used to do your taxes each year you want to talk to them first. I talked all this into my phone, so forgive any grammatical errors
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Mar 27, 2015 02:07
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blarzgh posted:I talked all this into my phone, because awesome. I looked into it a year ago and decided it wasn't worth my time, which is why I am ok with allowing my uncle do the all the legal stuff under my name. The land in question is .5 acres, it's worth roughly 7 grand(this is from an appraisal done 2 years ago). My dad owed some roofing supply place 1k when he went, and legal costs would run me about $1500. At best I could double the money (half to other claim) but A) I don't have the capital to begin with and B) if I did I would opt to keep the property. Either way there's still the problem of logistics. If I had the money to throw at it I would still have a hard time handling it from 700 miles away while the uncle lives nearby. I mention his tax paying because it might strengthen his case against the other claim holder. Is there something I can do to allow him to act on my behalf legally? Or does it have to be me literally giving him my claim? I think I am misusing executor here. I like the idea of using a title company as opposed to a lawyer, but as far as I recall its still several hundred in fees associated with all the form filing. E:Dad died back around 2005 and his wife after 2006, the land is in some sort of legal limbo. DiHK fucked around with this message at 03:32 on Mar 27, 2015 |
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Mar 27, 2015 03:24
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Those of you who gave serious advice, thanks we both appreciate it.
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Mar 27, 2015 14:07
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Yes, there are legal documents you can use to give someone the power to act on your behalf, but its not clear that doing that is exactly what you want to accomplish. Honestly though, you're going to have to do a little work and understand your situation - there's no smart way out of it. Here is what you need to do: 1) Google and call the local title company, and tell them what you want to accomplish. (5 minutes) 2) Ask them if they can perform the necessary services, and if so, how much it will cost. (15 minutes) If not, ask them who to call. 3) Call a local(Alabama) real estate agent, and go through the same steps. Tell them you have also spoken to a title company. (15 minutes) If not, ask them who to call. These phone calls are all free: no one is going to charge you. You likely also do not have to spend any money if you don't want to. When you elect to retain their services, you can require that your uncle pay the fees, and/or that the real estate agent take her fees out of the sale of the property. "Title Insurance" - An insurance policy based on a review of the deed history of a piece of property that guarantees the seller has the legal right to sell. "Escrow" - the agency will hold money, documents, or other materials as part of a real estate transaction. "Closing" - the agency will manage the exchange of documents, title, money and authority for a real estate transaction, and require that parties perform certain things before the transaction is completed. These are all types of real estate services. A "Title Company" is the generally accepted name for a business that offers some or all of these services. If you go through the title company, or a real estate agent for that matter, the extent of your "handling" it is a few phone calls over a couple weeks, and you signing some papers. Title companies have all the forms you might need, and can most likely tell you what you will need and what you won't based on what you want to do. Right now, you don't know what legal documents you need to execute to get done what you want done. It sounds like you aren't even sure what you want to get done. You may not be able to "just give your uncle the power" that you want to give him. Or, you may be able to do so, but that would be a very bad idea, or you might do it wrong. The little bit of effort required to do everything the right way is totally worth it.
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Mar 27, 2015 17:11
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Why not quit claim to his uncle? All he wants is out.
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Mar 27, 2015 18:34
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patentmagus posted:Why not quit claim to his uncle? All he wants is out. Its likely that he doesn't formally own it yet, since there has been no probate. In Texas, for example, he would have to file a affidavit down at the deed records before he had record title to the property to transfer; then he could quitclaim/deed without warranty to his uncle. Eventually whatever happens with this property will have to go through a formal closing, if his uncle ever tried to sell it or mortgage against it for example, and the title company that was doing the closing would have him do all this paperwork anyways. At any rate, even if he just wanted to quitclaim and see what happens,, and he asked how to do that, I would say "call a title company"
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Mar 28, 2015 02:46
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blarzgh posted:Its likely that he doesn't formally own it yet, since there has been no probate. In Texas, for example, he would have to file a affidavit down at the deed records before he had record title to the property to transfer; then he could quitclaim/deed without warranty to his uncle. Eventually whatever happens with this property will have to go through a formal closing, if his uncle ever tried to sell it or mortgage against it for example, and the title company that was doing the closing would have him do all this paperwork anyways. This is correct. Assuming the sister of the wife asserts her half of the claim, and I wanted to keep the property, I would have to pay her off for her half as well as my fathers debt. If it were to be liquidated the debt money would come off the top, and then the proceeds would be divided. THis is after some kind of ad ran in the paper for 6 months notifying my fathers debtors of the possibility of making good their claims. The uncle would like to "keep it in the family" and since I can't pay off the sister I am heavily inclined to let him have a go at it legally. It might be possible to persuade him to allow me to keep it in my name while paying off the sister, if I allowed him to do what he wanted with the land. And frankly I don't know what do do with half an acre in the styx other than sell it so I'm still 80% no fucks given. blarzgh posted:Yes, there are legal documents you can use to give someone the power to act on your behalf, but its not clear that doing that is exactly what you want to accomplish. Just out of curiosity, what document(s) would that be? I'm still gonna follow your other advice and attack this from a real-estate angle.
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Mar 28, 2015 05:59
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Are there liens on the property? Why do you think you would have to pay off creditors? Why do you think you would have to pay the sister? I'm not saying you're wrong. But If all this information is coming from your uncle, who is not a lawyer or a real estate professional, then I would seriously consider getting an independent third parties' appraisal of your situation. No offense to your uncle, but what you're describing to me sounds like what people who did get, or are about to get taken advantage of say when they come to my office. A family member saying, "look this is how it is, just give me the power to do whatever I want to do and I'll take care of it for you." Or maybe thats all exactly right. Or maybe he's got everything mixed up and he's just confused. Or maybe I'm an idiot, and I'm too cynical about the world. All possibilities currently standing in equal likelihood. blarzgh fucked around with this message at 15:32 on Mar 28, 2015 |
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Mar 28, 2015 15:19
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I had a ridiculous Kafkaesque experience trying to buy accessible tickets yesterday (not an uncommon experience actually). I know tickets (and especially Ticketmaster) are always a loving pain, but ever since I've had to purchase accessible tickets because of my partner's disability it's been a new level of hell. I live in downtown Seattle, and the venue is also in downtown Seattle. For a TLDR with pictures I made a gist: https://gist.github.com/anonymous/988c1c3a3caec3b02101 After multiple rounds of emails with support, they basically told me that I shouldn't have clicked the button to buy accessible tickets in order to buy accessible tickets. In fact, clicking the button to purchase accessible tickets removes you from the queue to buy tickets, meaning that they are all sold out by the time ticketmaster tells you not to purchase accessible tickets. The response from ticketmaster has basically been along the lines of 'Sorry for your inconvenience; better luck next time you loving cripple' (okay maybe not the last part). I know I'm SOL for tickets, but what are my actual remedy's here? AFAIK title 3 of the ADA gives injunctive relief only, which is practically useless here. File a report with the DoJ? May as well flush it down the toilet. Should I bother talking to a local attorney (maybe local disability laws are stronger)? I know this is 1st world problems sort of discrimination, but not being able to get tickets to events because of family disabilities is not an uncommon problem (interestingly, the actual venues tend to have really great accessible accommodations). I've had pretty bad experiences purchasing accessible tickets in the past, mostly with not having any accessible tickets available online (which is a violation of the ADA as well), but I've never had an experience where attempting to buy accessible tickets prevented me from buying any tickets at all. (Also, yes I know they are dota tickets, and dota is a cesspool. My partner is a disabled combat veteran who plays and follows dota because they aren't able to participate in most sports anymore). AbsoluteLlama fucked around with this message at 15:44 on Mar 28, 2015 |
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Mar 28, 2015 15:41
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blarzgh posted:Its likely that he doesn't formally own it yet, since there has been no probate. In Texas, for example, he would have to file a affidavit down at the deed records before he had record title to the property to transfer; then he could quitclaim/deed without warranty to his uncle. Eventually whatever happens with this property will have to go through a formal closing, if his uncle ever tried to sell it or mortgage against it for example, and the title company that was doing the closing would have him do all this paperwork anyways. So in TX real property you can't quitclaim something you have no interest in or might possibly have an interest in?
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Mar 28, 2015 16:08
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DiHK posted:This is correct. Assuming the sister of the wife asserts her half of the claim, and I wanted to keep the property, I would have to pay her off for her half as well as my fathers debt. If it were to be liquidated the debt money would come off the top, and then the proceeds would be divided. THis is after some kind of ad ran in the paper for 6 months notifying my fathers debtors of the possibility of making good their claims. The uncle would like to "keep it in the family" and since I can't pay off the sister I am heavily inclined to let him have a go at it legally. It might be possible to persuade him to allow me to keep it in my name while paying off the sister, if I allowed him to do what he wanted with the land. And frankly I don't know what do do with half an acre in the styx other than sell it so I'm still 80% no fucks given. Are you saying his estate hasn't gone through probate yet? I'm confused.
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Mar 28, 2015 16:41
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patentmagus posted:So in TX real property you can't quitclaim something you have no interest in or might possibly have an interest in? Sure you can, but if I quitclaim 10 acres to my brother on Monday, but don't actually purchase those acres until Wednesday, then I didn't give anything to my brother on Monday. Plus, I think the guy has more complicated issues and objectives than just "getting rid of the property." NancyPants posted:Are you saying his estate hasn't gone through probate yet? I'm confused. I'm pretty sure thats what he thinks, but when he talks about posting notice to creditors, and buying out the sister, that suggests that the estate was probated or is currently in probate. I'm genuinely concerned that someone is misleading him, whether intentionally or unintentionally. blarzgh fucked around with this message at 17:08 on Mar 28, 2015 |
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Mar 28, 2015 17:06
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AbsoluteLlama posted:I had a ridiculous Kafkaesque experience trying to buy accessible tickets yesterday (not an uncommon experience actually). I know tickets (and especially Ticketmaster) are always a loving pain, but ever since I've had to purchase accessible tickets because of my partner's disability it's been a new level of hell.
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Mar 28, 2015 17:25
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blarzgh posted:Are there liens on the property? Why do you think you would have to pay off creditors? Why do you think you would have to pay the sister? I'm not saying you're wrong. But If all this information is coming from your uncle, who is not a lawyer or a real estate professional, then I would seriously consider getting an independent third parties' appraisal of your situation. I don't think uncle grasps the complexity of the situation, he seems to think I can just write a few sentences saying he can act on my behalf, get it notarized, and wash my hands. Idk where's he's getting this from but these people are country bumbkins and I'm wholly ok with the fact that daddy skipped town when I was 2. That said, no I don't trust them and you're absolutely right to smell a fish, because just cause they're rural as gently caress doesn't mean they're stupid. In 2009ish when this first came up there was a 3rd actor who was interested in buying property, and he came off like he wanted to sell me a lovely car. Anyway, I am recollecting all my "how this poo poo works" info from the law route I examined a year ago. Naturally, they mentioned nothing about attacking this from the real-estate angle. There are no liens and since the taxes are paid up it's not on any kind of official radar. The creditor payoff is about a grand, and the sister would be half the value of a new appraisal(that's coming from estate law). The creditors may miss the newspaper ad, and I'm not going to go knock on their door. But it's a small place and the sister will most certainly get wind of it. However, if she's anything like her sister she might not make it to the hearing where the ownership is passed down. NancyPants posted:Are you saying his estate hasn't gone through probate yet? I'm confused. I don't know anymore: Last year when I looked into it the property was still under dad's name. The only people who can legally claim it are myself and the sister of the wife. Posting to creditors was, as far as i recall, a step that would happen after a new appraisal and before I/sister could acquire the legal ability to act on the land, whether to liquidate or change ownership. It went something like "hey state of Alabama, I want to claim this property as my inheritance. Now I'll make sure there's no creditors or other claimants, and I'll see you again in 6 months for the title." I don't know where it is now though. DiHK fucked around with this message at 18:50 on Mar 28, 2015 |
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Mar 28, 2015 18:34
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AbsoluteLlama posted:I had a ridiculous Kafkaesque experience trying to buy accessible tickets yesterday (not an uncommon experience actually). I know tickets (and especially Ticketmaster) are always a loving pain, but ever since I've had to purchase accessible tickets because of my partner's disability it's been a new level of hell. I don't know the legal answer here, but I work for a ticketing company and when we can't arrange accessible seating, the only thing we offer is a refund. The ticketing industry is a hard case because when seats run out, they can't produce more from thin air. While the venue has to offer accommodations, they can't be forced to accommodate everyone who wants to buy a ticket. If accessible tickets sell out, you can't force them to let you in the show anyway. Lowly fucked around with this message at 20:09 on Mar 31, 2015 |
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Mar 29, 2015 01:10
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I follow this thread a lot and this is something that just kind of occurred to me: I've never had more than 5k of debt. My first time in college was paid for with some smart investing on my father's part and my second time is currently being pretty much paid by me getting scholarships and working my rear end off full time while also going to school full time. Debt makes me super, super nervous so I've never been interested in accumulating a lot of it. Always owned cheap used cars, etc. My mother on the other hand hasn't had a job since she married my father 30 years ago. They're divorced and she has been in college for like 8 years now accumulating like $70,000+ in student loan debt while also not having a job, anything else, etc. If she were to die, would her federal student loan debt be forgiven or would it pass on to me and/or my brother?
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Mar 29, 2015 02:27
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Unless you cosigned the debt, it goes to the estate. If your mom dies with 100k in debt and 120k in stuff, her heirs will only inheret 20k. If she has 80k of stuff, her heirs get nothing but no debt.
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Mar 29, 2015 02:31
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But I think federal student loans are forgiven upon the death of the borrower.
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Mar 29, 2015 02:51
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Hot Dog Day #91 posted:But I think federal student loans are forgiven upon the death of the borrower. Private student loans are usually chargeable to the estate, though.
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Mar 29, 2015 04:19
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