Legal Questions: I believe the problem is that they need a well, actually

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JUST MAKING CHILI: Feb 14, 2008

In Texas, if grandma's will says that her estate is to be split equally among her three children when she dies, but one of the children dies before her, what happens to that third of the estate? The deceased child was unmarried with a single child of their own, died without a will and had large debts and minimal assets.

Does that third of the estate get passed straight through to the surviving grandchild?
Does the third of the estate have to settle the predeceased's estate before going onto the grandchild?

# ? Nov 10, 2015 19:05

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# ? Jun 5, 2024 10:21

euphronius: Feb 18, 2009

What is the exact language of the hypothetical will.

# ? Nov 10, 2015 19:06

Hot Dog Day #91: Jun 19, 2003

Yeah depends on the language of the will. Most will specify that if a child predeceased the testatrix the money passes to their kids in equal shares.

# ? Nov 10, 2015 19:08

pathetic little tramp: Dec 12, 2005; by Hillary Clinton's assassins; Fallen Rib

Yeah when my paternal grandpa died, his will specifically stated his estate was to be split into quarters among his 4 children, but if any of them had died their share would be equally shared among that child's descendants, so I was entitled to an eight of the will to be shared with my brother. It didn't say poo poo about if I was dead, but I don't imagine most wills cover infinite descendants (mine will though).

# ? Nov 10, 2015 19:41

JesustheDarkLord: May 22, 2006; #VolsDeep; Lipstick Apathy

https://en.wikipedia.org/wiki/Per_stirpes

# ? Nov 10, 2015 19:48

Human Tornada: Mar 4, 2005; I been wantin to see a honkey dance.

What would happen if, hypothetically, I were to fall into a coma and while I was that coma my bills weren't being paid for say two months? Would I wake up and find out my car has been repossessed and I have lots of medical bills and no more health insurance? This hypothetical takes place in the US so I'm guessing the answer is most likely "tough poo poo".

# ? Nov 11, 2015 01:21

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

I applied for insurance through the health insurance market place and am now being bombarded by shifty insurance companies. One of which is really annoying and persistent, calling me 10+ times a day, back to back and at odd hours. I've asked these people to stop calling me and I've been on the DNC list for years. They hang up whenever I ask for a physical address for their company. I suspect these guys are spoofing their caller ID because whenever I add one of their numbers to my ignore list they call from a different number. A cursory search shows that they've been pissing people off with idiotic marketing for years. What can I legally do to make these fuckwits go away and not contact me ever again?

E: This is all in the US.

Azuth0667 fucked around with this message at 01:39 on Nov 11, 2015

# ? Nov 11, 2015 01:26

G-Mawwwwwww: Jan 31, 2003; My LPth are Hot Garbage; Biscuit Hider

Human Tornada posted:

What would happen if, hypothetically, I were to fall into a coma and while I was that coma my bills weren't being paid for say two months? Would I wake up and find out my car has been repossessed and I have lots of medical bills and no more health insurance? This hypothetical takes place in the US so I'm guessing the answer is most likely "tough poo poo".

This is why you have a financial power of attorney.

# ? Nov 11, 2015 01:32

euphronius: Feb 18, 2009

Human Tornada posted:

What would happen if, hypothetically, I were to fall into a coma and while I was that coma my bills weren't being paid for say two months? Would I wake up and find out my car has been repossessed and I have lots of medical bills and no more health insurance? This hypothetical takes place in the US so I'm guessing the answer is most likely "tough poo poo".

Someone who loved you would become your guardian and get your affairs in order.

# ? Nov 11, 2015 02:44

xxEightxx: Mar 5, 2010; Oh, it's true. You are Brock Landers!; Salad Prong

Human Tornada posted:

What would happen if, hypothetically, I were to fall into a coma and while I was that coma my bills weren't being paid for say two months? Would I wake up and find out my car has been repossessed and I have lots of medical bills and no more health insurance? This hypothetical takes place in the US so I'm guessing the answer is most likely "tough poo poo".

You should have health insurance and if you end up in a coma for two months and no one checks in on you during that time your problems are significantly more worrisome than financial.

# ? Nov 11, 2015 03:18

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

euphronius posted:

Someone who loved you

As if.

# ? Nov 11, 2015 04:29

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

euphronius posted:

Someone who loved you

What is that?

# ? Nov 11, 2015 15:56

pathetic little tramp: Dec 12, 2005; by Hillary Clinton's assassins; Fallen Rib

Azuth0667 posted:

I applied for insurance through the health insurance market place and am now being bombarded by shifty insurance companies. One of which is really annoying and persistent, calling me 10+ times a day, back to back and at odd hours. I've asked these people to stop calling me and I've been on the DNC list for years. They hang up whenever I ask for a physical address for their company. I suspect these guys are spoofing their caller ID because whenever I add one of their numbers to my ignore list they call from a different number. A cursory search shows that they've been pissing people off with idiotic marketing for years. What can I legally do to make these fuckwits go away and not contact me ever again?

E: This is all in the US.

If you really want to get a physical address, put on an old man voice the next time they call, act all surprised when they say your benefits are running out or whatever and say you want to get it squared away right away, where do I send a cheque, I don't believe in credit cards ever since the *racist slur* on the tv and the war with the *racist slur*.

I don't know poo poo about the telemarketer harassment laws, but I assume once you've got a place to serve them at, you can start documenting the endless calls and you telling them not to call you again and maybe collect a pay day from that. What I had to do when some person made up a phone number to a loan company and it turned out to be mine was I pretended to be in the middle of horrific dumps and would just talk to them as long as I could giving them zero information while fart and diarrhea noises played in the background. It was childish, but eventually the calls stopped.

The do not call list is a joke and is worthless.

vvvv I've filled out so many of those complaints. Nothing ever ever happens.

pathetic little tramp fucked around with this message at 18:12 on Nov 11, 2015

# ? Nov 11, 2015 16:11

Discendo Vox: Mar 21, 2013; This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Azuth0667 posted:

I applied for insurance through the health insurance market place and am now being bombarded by shifty insurance companies. One of which is really annoying and persistent, calling me 10+ times a day, back to back and at odd hours. I've asked these people to stop calling me and I've been on the DNC list for years. They hang up whenever I ask for a physical address for their company. I suspect these guys are spoofing their caller ID because whenever I add one of their numbers to my ignore list they call from a different number. A cursory search shows that they've been pissing people off with idiotic marketing for years. What can I legally do to make these fuckwits go away and not contact me ever again?

E: This is all in the US.

Yeah, ignore pathetic little tramp. Go here and file a complaint. I can't check too much of their form, but all identifying information you can provide that will let them identify the source entity (accent of speaker, as many of the numbers called from as you have written down, company name, basics of scheme) will let them narrow down the list of possibilities and eventually make arrests.

# ? Nov 11, 2015 17:50

Ewan: Sep 29, 2008; Ewan is tired of his reputation as a serious Simon. I'm more of a jokester than you people think. My real name isn't even Ewan, that was a joke it's actually MARTIN! LOL fooled you again, it really is Ewan! Look at that monkey with a big nose, Ewan is so random! XD

Alchenar posted:

If she's a tenant and not a lodger, which I doubt.
(e: we don't like people being made homeless because their landlord waffles on whether he wants them to surrender at the end of the lease or not. Other side of the coin is that you have to pay for that right).

Because you are a joint tenant on the lease (at least you said you were). The sublet is attached to the lease which you are a co-owner of. That's the key thing - the sublet is not a personal contract between Susan and Steve, it's a right attached to the lease itself. You had to give permission for the sublet to happen, that was your involvement. Because you stayed in the property with the Susan it's likely she didn't have an assured tenancy and was just a lodger.

Thanks for your help on this. From your advice, I've concluded that there is no 100% clear answer, but the probability lies in Steve not being able to do anything, even though she retains possession of the keys. It all really hangs on whether or not I count as a 'landlord' on Steve & Susan's sublet agreement (and hence whether Housing Act and notice periods apply), and your view is that I probably do count through virtue of sharing a joint tenancy with Steve for the overall property.

Sounds like we're a bit screwed on the key front - I'm going to continue trying to get hold of her to see if she'll at least let me come and pick them up, because frankly it is going to be a complete arse to arrange a locksmith etc and I can't help Steve find a new subtenant until that is sorted (and the room cleaned). I am going to try and charge her for the lock change (i.e. send a formal invoice by recorded delivery to her home address), but also accept that her "ignore everything" approach is unfortunately probably going to work her favour. I'll let Steve fight it out over rent if he wants.

To be honest, the biggest surprise of all of this is how she handled it - living in a room with rotting food, and leaving without telling either me (as her flatmate) or Steve (as her landlord) is just plain rude and not what I would expect of an adult in a well respected profession (law, ironically, although perhaps that is why she knows she can probably just ignore this and doesn't care about the stress she is causing me and Steve).

I'll let you know if anything does come of it.

# ? Nov 11, 2015 22:32

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Discendo Vox posted:

Yeah, ignore pathetic little tramp. Go here and file a complaint. I can't check too much of their form, but all identifying information you can provide that will let them identify the source entity (accent of speaker, as many of the numbers called from as you have written down, company name, basics of scheme) will let them narrow down the list of possibilities and eventually make arrests.

Okay thanks to both of you. I reported every number they called me from. I've tried tricking them into giving me a physical address and haven't got farther than a state from one of them before they spazz out and hang up. The BBB has them listed however I question how accurate that address is going to be with these guys being a shifty insurance broker and all.

Is there a license required for operating a business that sells insurance I can use to track them by?

# ? Nov 11, 2015 22:33

Alchenar: Apr 9, 2008

Ewan posted:

To be honest, the biggest surprise of all of this is how she handled it - living in a room with rotting food, and leaving without telling either me (as her flatmate) or Steve (as her landlord) is just plain rude and not what I would expect of an adult in a well respected profession (law, ironically, although perhaps that is why she knows she can probably just ignore this and doesn't care about the stress she is causing me and Steve).

I'll let you know if anything does come of it.

Woah woah woah woah woah.

Do you know which firm she works at? Because a well written and polite email to a partner there explaining that she's left you in a bit of a mess with the room and didn't return the keys and isn't answering your messages and you are very sorry to have to bring this to you but you don't know where else to turn and is there anything you can do to help? could work wonders for your friend's situation.

Lawyers do not like to find out that their colleagues/employees have a habit of acting in ways that'll eventually catch up to cause them reputational damage.

# ? Nov 11, 2015 23:14

Discendo Vox: Mar 21, 2013; This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Azuth0667 posted:

Okay thanks to both of you. I reported every number they called me from. I've tried tricking them into giving me a physical address and haven't got farther than a state from one of them before they spazz out and hang up. The BBB has them listed however I question how accurate that address is going to be with these guys being a shifty insurance broker and all.

Is there a license required for operating a business that sells insurance I can use to track them by?

IANAL:
Technically, maybe, and it may or not be possible for you to find it based on the jurisdiction- it's by state, so documentation varies. If the outfit has a license at all, they will almost certainly be in a state that makes accessing license records as hard as possible. These sort of scum are very much a tragedy of the commons sort of issue- FTC has (understandably) higher priorities, and no one individual or entity has the resources or information to track them down and nail them to the wall.

# ? Nov 11, 2015 23:34

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Discendo Vox posted:

IANAL:
Technically, maybe, and it may or not be possible for you to find it based on the jurisdiction- it's by state, so documentation varies. If the outfit has a license at all, they will almost certainly be in a state that makes accessing license records as hard as possible. These sort of scum are very much a tragedy of the commons sort of issue- FTC has (understandably) higher priorities, and no one individual or entity has the resources or information to track them down and nail them to the wall.

This method worked I've found the head rear end in a top hat. Would sending a C&D letter to the CEO count as notifying an "agent" of the company?

# ? Nov 12, 2015 01:56

Discendo Vox: Mar 21, 2013; This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Azuth0667 posted:

This method worked I've found the head rear end in a top hat. Would sending a C&D letter to the CEO count as notifying an "agent" of the company?

Why are you trying to "notify an agent" of the company? If you've actually identified the entity and bypassed the systems they use to hide themselves, report it to the FTC and they will be shut down.

vvvvv The FTC doesn't act because they can't devote resources to identifying the company and don't have a way to get around spoofing tech. If you have managed to obtain that information and can document it, that is what you should do. A strongly worded letter, absent one written in consultation with a lawyer, is not going to do anything. You will not be able to generate civil liability beyond the laws the company is already breaking by contacting you as they already do.

Discendo Vox fucked around with this message at 02:45 on Nov 12, 2015

# ? Nov 12, 2015 02:09

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Discendo Vox posted:

Why are you trying to "notify an agent" of the company? If you've actually identified the entity and bypassed the systems they use to hide themselves, report it to the FTC and they will be shut down.

To send them a don't contact me ever again letter and have some kind of legal recourse if they continue to do it. I've already reported literally every call I have received from them to the FTC.

# ? Nov 12, 2015 02:17

xxEightxx: Mar 5, 2010; Oh, it's true. You are Brock Landers!; Salad Prong

Azuth0667 posted:

This method worked I've found the head rear end in a top hat. Would sending a C&D letter to the CEO count as notifying an "agent" of the company?

No. The ceo is the ceo (officer), agents are completely different and agency law depends on your law, but generally you have a principal and agent relationship that deals with scope. Think of it more like a third party relationship where you grant a separate person the ability to do a limited thing (like accept service of process), that person is your agent for that limited thing and nothing else. You generally aren't going to have an agency relationship with employee, officer, director etc. I am in the U.S., are you the UK person?

# ? Nov 12, 2015 03:12

Azuth0667: Sep 20, 2011; By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

xxEightxx posted:

No. The ceo is the ceo (officer), agents are completely different and agency law depends on your law, but generally you have a principal and agent relationship that deals with scope. Think of it more like a third party relationship where you grant a separate person the ability to do a limited thing (like accept service of process), that person is your agent for that limited thing and nothing else. You generally aren't going to have an agency relationship with employee, officer, director etc. I am in the U.S., are you the UK person?

I am in the US.

# ? Nov 12, 2015 03:40

Hot Dog Day #91: Jun 19, 2003

Azuth0667 posted:

This method worked I've found the head rear end in a top hat. Would sending a C&D letter to the CEO count as notifying an "agent" of the company?

Yes it would be fine.

# ? Nov 12, 2015 03:53

Trogdor_666: Mar 12, 2010

Is it legal to have nose sex if you have a micro penis?

# ? Nov 12, 2015 16:41

Big Bowie Bonanza: Dec 30, 2007; please tell me where i can date this cute boy

Trogdor_666 posted:

Is it legal to have nose sex if you have a micro penis?

try it and let us know

# ? Nov 12, 2015 16:48

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

Trogdor_666 posted:

Is it legal to have nose sex if you have a micro penis?

Who's or what's nose?

# ? Nov 12, 2015 20:23

Bad Munki: Nov 4, 2008; We're all mad here.

Trogdor_666 posted:

Is it legal to have nose sex if you have a micro penis?

You forgot to say "hypothetically asking for a friend"

# ? Nov 12, 2015 20:29

Toshimo: Aug 23, 2012; He's outta line...

But he's right!

If the police pull you over, don't find any evidence of anything, and let you leave without even writing you a warning, is there generally any record of the stop that another officer will see later?

# ? Nov 15, 2015 21:18

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

Toshimo posted:

If the police pull you over, don't find any evidence of anything, and let you leave without even writing you a warning, is there generally any record of the stop that another officer will see later?

It depends

# ? Nov 15, 2015 22:28

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Toshimo posted:

If the police pull you over, don't find any evidence of anything, and let you leave without even writing you a warning, is there generally any record of the stop that another officer will see later?

It depends on the police force, their system and practices.

# ? Nov 16, 2015 04:14

Toshimo: Aug 23, 2012; He's outta line...

But he's right!

Well, gently caress. That'll teach me to stay the gently caress out of God's country.

# ? Nov 16, 2015 04:17

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

The only scenario where I can imagine this is an issue is if you are on probation and you weren't supposed to leave your... You know what, I don't want to know.

# ? Nov 16, 2015 04:20

Bad Munki: Nov 4, 2008; We're all mad here.

blarzgh posted:

You know what, I don't want to know.

He almost lured you out of your traffic ticket comfort zone, so close!

# ? Nov 16, 2015 04:25

Toshimo: Aug 23, 2012; He's outta line...

But he's right!

Oh no, it's benign. I got pulled over Saturday night just after midnight on an unlit, backwoods road in rural Virginia. Cop said he thought I was drunk because I kept tapping the fog line. Gave me the business for being from out-of-state and tried to trip me up with some cheeky questions. Eventually realized that I was just tired, and let me go without writing up anything. I just wanted to know if the next time I get pulled over something in VA, if it's likely to show up for their radar.

# ? Nov 16, 2015 04:28