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Hot Dog Day #91
Jun 19, 2003

Hey I think at least half of us are lawyers. Some of the best advice actually comes from industry people, especially when it's insurance related.

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Traffic Ticket Industry

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

nm posted:

I hate the internet.

If you want to step up that feeling a little bit, you should know that the GamerGate people have their own wiki, which not only includes an article on the judge for the restraint order, but features pictures of him and his dog taken from his facebook. Good job not being creepy weirdos, internet.

VitalSigns
Sep 3, 2011

euphronius posted:

They aren't witnessed so there is no one to testify as to capacity.

I'm guessing here.

I need an official legal opinion on the validity of this will. I am asking for legal advice so I can cut my kids out of the will.

quote:

Troy Phelan is an elderly multi-billionaire who doesn't want his fortune to fall into the hands of his greedy, obnoxious children and ex-wives. He tricks his heirs into thinking he is about to sign a final will -- including having psychiatrists present at the signing to verify his sanity. Once the psychiatrists agree Troy Phelan is undeniably sane, he quickly pulls out a separate holographic will, signs it and then runs for a door to a terrace and leaps over the railing to his death. The new will blocks his ex-wives and children out of their inheritance except for one child, Rachel Lane, a missionary living in the Brazilian jungle. Rachel Lane is unknown and a huge surprise to the Phelan children. A mass of seedy lawyers appears to represent the aggrieved heirs in challenging the will.

This is in Virginia.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

VitalSigns posted:

I need an official legal opinion on the validity of this will. I am asking for legal advice so I can cut my kids out of the will.


This is in Virginia.
I read that John Grisham novel.

euphronius
Feb 18, 2009

quote:

Troy Phelan is an elderly multi-billionaire who doesn't want his fortune to fall into the hands of his greedy, obnoxious children and ex-wives. He tricks his heirs into thinking he is about to sign a final will -- including having psychiatrists present at the signing to verify his sanity. Once the psychiatrists agree Troy Phelan is undeniably sane, he quickly pulls out a separate holographic will, signs it and then runs for a door to a terrace and leaps over the railing to his death. The new will blocks his ex-wives and children out of their inheritance except for one child, Rachel Lane, a missionary living in the Brazilian jungle. Rachel Lane is unknown and a huge surprise to the Phelan children. A mass of seedy lawyers appears to represent the aggrieved heirs in challenging the will.

Second holographic will would be I think successfully challenged based on lack of testamentary capacity.

patentmagus
May 19, 2013

euphronius posted:

Second holographic will would be I think successfully challenged based on lack of testamentary capacity.

Yes, those psychiatrists were clearly on the take.

pathetic little tramp
Dec 12, 2005

by Hillary Clinton's assassins
Fallen Rib
http://www.clevescene.com/scene-and...ffort-under-way

A sad little story but a good cautionary tale for people who do online fundraising. People tried to raise money for the family of Tamir Rice, the family's attorney apparently thought it was fraudulent? And ordered it seized and placed into a trust. Later, when the family got different lawyers pro bono, the original lawyers asked that the trust give them their attorney's fees.

All the coverage of this is talking about how the first attorneys are malicious, but I don't see what's really immoral about it, though I can see how it might be a tad insensitive. I think it's wrapped in confusion because there was that weirdo racist guy who shits on floors yammering on Twitter about how he thought the fund was fake.

euphronius
Feb 18, 2009

patentmagus posted:

Yes, those psychiatrists were clearly on the take.

testamentary capacity is a legal concept not a medical one. Though medical evidence can play a role.

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die

Andy Dufresne posted:

Scraps and blarzgh might be interested in this, or they may not. Carrollton, TX.

I bought a house a month ago and yesterday received a voice mail purporting to be from my gas company, atmos energy, saying I had a past due bill and I'm about to be disconnected. I guess they wanted me to call back and pay. I'm out of the country so I emailed atmos this morning and they said I'm current and they don't know why I would have received a call.

So this is pretty clearly a scam by someone skimming the recent purchase records. I've got the voicemail and the phone number, I guess I'm wondering who would I would even file a report with since the local police probably don't care.

It turns out Atmos is just an incompetent company. They did in fact send me a nasty letter asking for the deposit on my new account. I received my first bill a few days later with deposit + usage and it was totally devoid of late warnings. Still no explanation for why their cs agent had no idea about the letter + call.

So, the scam is still available if anyone wants to take it over.

Bad Munki
Nov 4, 2008

We're all mad here.


I'm sure this'll get real far: http://www.patheos.com/blogs/friendlyatheist/2015/05/05/nebraska-woman-sues-all-homosexuals/

VitalSigns
Sep 3, 2011

euphronius posted:

Second holographic will would be I think successfully challenged based on lack of testamentary capacity.

drat. Well, now that I hold the sincere belief that you and I have formed a lawyer/client relationship: how do I establish testamentary capacity?

And don't say "don't leap off your balcony to a sensational death right after signing the will", that's a crucial part of the plan.

euphronius
Feb 18, 2009

Capacity is assumed. You have to challenge it. Generally.

Skunkduster
Jul 15, 2005




If a widower single marriage husband in Minnesota with no debt dies without a legal will, and his only two children, who are adults, and also live in MN are amicable with the division of his assets, are there any any potential pitfalls, or do things like this generally go pretty smoothly?

Skunkduster fucked around with this message at 06:34 on May 6, 2015

euphronius
Feb 18, 2009

In this theoretical example how big is the estate and is there real estate.

Skunkduster
Jul 15, 2005




euphronius posted:

In this theoretical example how big is the estate and is there real estate.

The house needs a lot of repair and is probably worth less than 70K. There is maybe another 50K from life insurance, savings, etc. One sibling will take the house, then whatever cash is available from savings and insurance will be split evenly after covering death expenses. It is a lopsided split, but the sibling getting the short end of the stick (theoretically me) is fine with it.

euphronius
Feb 18, 2009

Well it's not a hypothetical any more. Sorry.

beejay
Apr 7, 2002

I'm in love with that exchange.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

SkunkDuster posted:

The house needs a lot of repair and is probably worth less than 70K. There is maybe another 50K from life insurance, savings, etc. One sibling will take the house, then whatever cash is available from savings and insurance will be split evenly after covering death expenses. It is a lopsided split, but the sibling getting the short end of the stick (theoretically me) is fine with it.

the $500-$1,000 the lawyer will cost to make it all happen will be totally worth it.

patentmagus
May 19, 2013

euphronius posted:

Well it's not a hypothetical any more. Sorry.

Well played, sir. :boom:

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin
I'm in California and recently accepted a job with a sign-on bonus. The wording in the offer letter was "In addition, you will receive a one-time signing bonus of $[bonus], net of required taxes and withholdings [...]"

On the paystub where the bonus was reflected, the $[bonus] amount was applied to the gross and then the taxes taken out, rather than being grossed up such that the net was equal to $[bonus], as I had anticipated. Is this my naivety to legal language? Is this a standard way of phrasing this? Because it seems odd to me to specifically use the word "net" if the amount is being applied to the gross.

I asked HR and they sent me a terse response that amounted to "sorry you were confused."

Hot Dog Day #91
Jun 19, 2003

What's your problem? You thought you were getting more?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Hot Dog Day #91 posted:

What's your problem? You thought you were getting more?

Yes, he thought it was post tax not pre tax

BonerGhost
Mar 9, 2007


1. That alone was worth my :10bux:

2. Never before have I been so happy to live in the home of the United State District Court of Omaha, Omaha, Nebraska, where Never before has Our great Nation the United State of America and Our great state of Nebraska; been besiege by sin:

She sounds an awful lot like my schizos when they go off they meds

Guy Axlerod
Dec 29, 2008

KnifeWrench posted:

I'm in California and recently accepted a job with a sign-on bonus. The wording in the offer letter was "In addition, you will receive a one-time signing bonus of $[bonus], net of required taxes and withholdings [...]"

On the paystub where the bonus was reflected, the $[bonus] amount was applied to the gross and then the taxes taken out, rather than being grossed up such that the net was equal to $[bonus], as I had anticipated. Is this my naivety to legal language? Is this a standard way of phrasing this? Because it seems odd to me to specifically use the word "net" if the amount is being applied to the gross.

I asked HR and they sent me a terse response that amounted to "sorry you were confused."

Sorry you were confused.

Dr. Arbitrary
Mar 15, 2006

Bleak Gremlin
I'm not currently entertaining any offers of employment, but hypothetically, if I was offered a sign on bonus, how would I figure out what I'm actually going to get?
Should I just ask them "Hey, Is this going to be a bonus of $1000 and then you'll take out a huge chunk of taxes so I'll get a $600 bonus or is it going to be a $1500 bonus that you take $500 from to make it end up as $1000?"

Kalman
Jan 17, 2010

Dr. Arbitrary posted:

I'm not currently entertaining any offers of employment, but hypothetically, if I was offered a sign on bonus, how would I figure out what I'm actually going to get?
Should I just ask them "Hey, Is this going to be a bonus of $1000 and then you'll take out a huge chunk of taxes so I'll get a $600 bonus or is it going to be a $1500 bonus that you take $500 from to make it end up as $1000?"

Yes, generally asking questions is a good way to figure out what's going to happen.

euphronius
Feb 18, 2009

They have to take out withholding taxes equivalent to if you made that bonus every pay period in the tax year. You get back extra taxes at the end of the year .

Hot Dog Day #91
Jun 19, 2003

Why are people confused that they have to pay taxes on income?

Chasiubao
Apr 2, 2010


Hot Dog Day #91 posted:

Why are people confused that they have to pay taxes on income?

In their minds, a bonus is not income.

KnifeWrench
May 25, 2007

Practical and safe.

Bleak Gremlin

Hot Dog Day #91 posted:

Why are people confused that they have to pay taxes on income?

The phrasing "net of taxes" implied to me, as a relative layperson, not that taxes do not exist, but that the pretax bonus would be higher such that the net amount would be the cited number.

But thanks for not reading and assuming I'm just a moron.

euphronius
Feb 18, 2009

No bonus numbers are always pre tax.

Hot Dog Day #91
Jun 19, 2003

I'm not sure I'm the one with the reading comprehension problem here.

Dr. Arbitrary
Mar 15, 2006

Bleak Gremlin
At my current company, I have occasionally gotten bonuses that take taxes into account. It's really neat to get a bonus check for $100 with a paystub that shows that they actually paid me $129 or whatever and took out $29 for taxes so that I'd get a $100 check.

Motronic
Nov 6, 2009

Dr. Arbitrary posted:

I'm not currently entertaining any offers of employment, but hypothetically, if I was offered a sign on bonus, how would I figure out what I'm actually going to get?
Should I just ask them "Hey, Is this going to be a bonus of $1000 and then you'll take out a huge chunk of taxes so I'll get a $600 bonus or is it going to be a $1500 bonus that you take $500 from to make it end up as $1000?"

Why would it matter? You'll have to pay the same taxes on it later anyway (the same assuming your withholding stuff was filled out properly).

Income is taxable. SURPRISE!

Dr. Arbitrary
Mar 15, 2006

Bleak Gremlin

Motronic posted:

Why would it matter? You'll have to pay the same taxes on it later anyway (the same assuming your withholding stuff was filled out properly).

Income is taxable. SURPRISE!

Well, it matters if you're not thinking like a BEEP! BOOP! robot accountant. When you get a $50 bonus for good teamwork or whatever, it sucks when your check is actually for $38. They're considerate enough to advertise a $50 bonus and then give you $70 which comes out to $50 after taxes.

euphronius
Feb 18, 2009

Adults know that income is taxable.

Witholdong is different for every employee.

Dr. Arbitrary
Mar 15, 2006

Bleak Gremlin

euphronius posted:

Adults know that income is taxable.

Witholdong is different for every employee.

Maybe it depends on the place, but bonuses often get withheld at the highest bracket, just to make things easy for the payroll department.

euphronius
Feb 18, 2009

Dr. Arbitrary posted:

Maybe it depends on the place, but bonuses often get withheld at the highest bracket, just to make things easy for the payroll department.

Yeah exactly

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Kalman
Jan 17, 2010

Motronic posted:

Why would it matter? You'll have to pay the same taxes on it later anyway (the same assuming your withholding stuff was filled out properly).

Income is taxable. SURPRISE!

... No, you won't have to pay the same taxes on 1000 pre-tax and 1000 post-tax. That's kind of what post-tax means.

Have you guys just not heard of a gross up? (Pretty commonly discussed in conjunction with benefits for gay couples when they're taxable while benefits for married couples aren't.)

He was dumb to think he was getting a gross up. You're dumb to think that there's no difference.

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