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Go walk in, and say give me what I need and refuse to leave until they get it done. If they still refuse, get a lawyer to do that for you. They will relent eventually. Car dealers are almost universally sleazy especially used car guys. I used to set up the truck at the auto auction out here and make decent money, but I just don't want to deal with that clientele anymore so I don't. You have to be direct, unequivocal, and relenting with them. They've hosed up and need to fix it and everytime you back down and accept "I'll get it later" they just move onto the next rube.
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Aug 25, 2017 18:33
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How do I get this lovely pizzeria owner to pay me? I worked there for about 2 months before summer while I was getting stuff together. I ended up moving out of my apartment on a day's notice, quitting the job, and moving out to the country. I bought a car about a month ago but its an hour's drive in traffic to get there and he's been blatantly avoiding my calls. I'll call every hour and I know what it sounds like when someone says, "oh yeah, he's right here" "wait, he just stepped out, can i take a message" They ask for a call back number daily and he won't call me back. I'm about to head over there before work and I know he'll say, "I didnt bring my checkbook, come back monday between 4 and 5." I'll then ask him to just write the check and leave it, as the restaurant stays open until 2 am every night and it'll save me 45 minutes in traffic. There's a good chance he'll either so ok and not do it or refuse, demand I show up between 4 and 5, then not be there. Is an owner allowed to make their employees show up to an appointment to pick up a paycheck? If not, what legal office should I contact? I'm in Alabama.
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Aug 25, 2017 18:38
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I was going to say read your States wage and hour laws but lol Alabama . They literally don't have any laws on it. So you probably have to look at fed laws and guidelines . https://www.dol.gov/general/topic/wages/lastpaycheck
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Aug 25, 2017 18:43
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Show up during a busy time and stand out front with a sign stating "this business won't pay me for the hours I worked" or sue in small claims court.
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Aug 25, 2017 19:16
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Yeah florida doesn't either. A friend of mine had to threaten to sue a former employer after they fired them and dropped the wages on their last paycheck to minimum wage. The threat of lawsuit was enough for them to cut a check right away. There are a lot of shady loving bars/restaurants out there that basically prey on service industry workers because they can get away with it 99% of the time.
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Aug 25, 2017 19:17
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I'm debating if I should use my prepaid legal (thru work) to send a letter asking WTF bro. Does this sound like something reasonable a wills/estate attorney could knock out? I had called an attorney before i had the pre paid legal and he was very much for going full hog ($15k retainer and going to court) vs just sending a letter to the Executor/my uncle to get him to just reply. My grandmother died 3+ years ago, and the executor is incommunicado. (yes, this poo poo is still going on since the first post i made in this thread last year.)
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Aug 25, 2017 19:55
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Prepaid legal is garbage and a sham. Imho.
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Aug 25, 2017 19:56
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An admittedly broad question, but my Mom is redoing her will to remove my live-at-home-with-three-children sister, who has burned through all of her inheritance. I don't think it will happen, but could my sister decide to contest the will as invalid? Does anyone know under what circumstances a will can be contested?
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Aug 25, 2017 20:01
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The normal reason to contest a will is challenging the competency of the testator via various theories . Rarely you see people contesting the actual structure of the will but courts have been much more liberal in will interpretation recently* * the past 75 years or so
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Aug 25, 2017 20:04
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toplitzin posted:I'm debating if I should use my prepaid legal (thru work) to send a letter asking WTF bro. Does this sound like something reasonable a wills/estate attorney could knock out? Is there any money in the estate? Is there enough money to be worth fighting over? What "closure" do you want? Have you gone to the Courthouse to get a copy of the probate filings in the case?
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Aug 25, 2017 20:05
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null_pointer posted:An admittedly broad question, but my Mom is redoing her will to remove my live-at-home-with-three-children sister, who has burned through all of her inheritance. I don't think it will happen, but could my sister decide to contest the will as invalid? Does anyone know under what circumstances a will can be contested? Just like anyone can *sue anyone for anything, any party "interested" in a will can try to contest the will. If the will is done properly, THROUGH AN ATTORNEY, the will contest should generally fail.
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Aug 25, 2017 20:06
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In many normal states any beneficiary of a will can request an accounting by the executor . They should have been filed and mailed to you already (if you are a beneficiary) on an estate that old . Maybe your state has different rules .
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Aug 25, 2017 20:17
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Please ask more wills and estates questions it's my favorite . (NOT landlord tenant)
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Aug 25, 2017 20:20
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blarzgh posted:Is there any money in the estate? Is there enough money to be worth fighting over? What "closure" do you want? Have you gone to the Courthouse to get a copy of the probate filings in the case? There is supposed to be money in the estate. When the will was last read/finished there was enough for a down payment on a house for each grandchild. (low to mid 5 figures per GC) I'd like to know jsut what the gently caress is taking so long. (my mother gives me BS answers when she "talks" to my uncle (PoA/executor)). Going to the courthouse is a pain in the dick as the estate is in Michigan. My mother (not the executor and terrible at clear communication) mumbles something about the problem being that my grandmother's estate can't be finished til my step-grandfather's estate is finished and supposedly nobody has paid taxes (grandmother, step-granfather, and my dead grandfather supposedly) for decades so there's no estate left. Dropping a full suit to get a new executor is worth more than the estate, but drafting a letter and getting an answer is worth my time/trouble/use of workplace benefit. euphronius posted:In many normal states any beneficiary of a will can request an accounting by the executor . Grandmother passed in MI, i've lived in KS and now NC since this started. I've received ZERO communication. toplitzin fucked around with this message at 20:40 on Aug 25, 2017 |
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Aug 25, 2017 20:38
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Call the estates lawyer ? They love picking up the phone and talking to you . It's billable !!
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Aug 25, 2017 20:40
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I'm reasonably sure my uncle is doing all the legwork, but if not don't know who's handling the estate if it's an attorney instead of him.
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Aug 25, 2017 20:42
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if they weren't paying any taxes and had years of back taxes you might not get poo poo.
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Aug 25, 2017 20:43
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Mr. Nice! posted:if they weren't paying any taxes and had years of back taxes you might not get poo poo. And I'm ok with that, but i'd like to hear that from someone who actually knows wtf is going on.
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Aug 25, 2017 20:45
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Situation: Piece of real property with 12 joint-tenants in common. Various interest percentages all adding up to 100% interest. 1 of the joint tenants is being a bitch, wants a judge to order the property sold at auction, devaluing everyone's interests. 1 party named as one of the 11 defendants has answered in court with an attorney. The other 10 defendants are all in agreement with the goals of the party who has answered. Should they get their own attorneys involved if they trust the party who has answered? Should they attempt to co-file responses? Basically, 11/12 parties want the real property to stay as-is and continue getting their % of the monthly lease payments. The plaintiff, in this case, is literally just being a bitch because people aren't letting her have her way. So she got her brother-in-law who is an attorney to file the action to order a court-ordered sale. She hasn't bothered approaching more than 2/11 of the other parties with an offer to sell her interest. I understand that it might be difficult for one attorney to represent 11 people, especially if 1 of them changes their mind. Is the right answer for them to sit back and let one party handle it?
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Aug 25, 2017 20:45
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toplitzin posted:I'm reasonably sure my uncle is doing all the legwork, but if not don't know who's handling the estate if it's an attorney instead of him. If he doesn't have an attorney and there are IRS issues lol.
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Aug 25, 2017 20:47
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the attorney should be listed on the documents filed at the register of wills or equivalent. if you have a nice non-goon friend call they will probably tell you over the phone who the attorney is.
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Aug 25, 2017 20:48
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euphronius posted:If he doesn't have an attorney and there are IRS issues lol. He's been running a Finance/Financial planning services company for decades, so he at least knows the money side. Edit: Searching the county court records I can't find any record of the case (by my grandmothers name) in civil or probate. toplitzin fucked around with this message at 20:57 on Aug 25, 2017 |
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Aug 25, 2017 20:49
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euphronius posted:Please ask more wills and estates questions it's my favorite . (NOT landlord tenant) Fun Hypo: Mom signs a new will just before she dies. New will names deadbeat youngest (of 5) son as Executor. Deadbeat applies to probate the estate, and proceeds to move into the family home. One year later, after subpoenaing the records for the estate bank account 4 kids find: - Monthly Checks to Deadbeat, signed by Deadbeat for $300-500 for "watering neighbor's cows" - Check to Deadbeat, signed by Deadbeat for $78,000.00 for "Executor Fees" - Check to Deadbeat, signed by Deadbeat for $23,000.00 for "Income Taxes for Executor Fees" - Check to RJ's Boat Shop for "18' Flatbottom Bass Boat - Executor Fee" What do you do?
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Aug 25, 2017 21:17
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euphronius posted:Prepaid legal is garbage and a sham. In my professional opinion and from every example I've ever seen, this is 100% true.
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Aug 25, 2017 21:18
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Nice piece of fish posted:In my professional opinion and from every example I've ever seen, this is 100% true. same, its a scam.
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Aug 25, 2017 21:19
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blarzgh posted:What do you do? Depends...is the family home worth anything significant, or not (because Deadbeat is going to be judgment proof otherwise)?
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Aug 25, 2017 21:32
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ulmont posted:Depends...is the family home worth anything significant, or not (because Deadbeat is going to be judgment proof otherwise)? For the purposes of this hypothetical, lets assume - The home sits on 140 acres of extremely valuable land. - Original plan was to divvy it up 5 ways. Choose your own Probate Adventure - Turn to Page 56; "You look inside, and discover that Deadbeat Son has turned the detached barn into a meth lab!"
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Aug 25, 2017 21:42
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blarzgh posted:"You look inside, and discover that Deadbeat Son has turned the detached barn into a meth lab!" Nice! I think it's time for the "breach of fiduciary duty" lawsuit, with an optimistic remedy of offsetting damages against Deadbeat Son's 1/5 of the estate. In Georgia you could bring that as a breach of OCGA § 53-7-54, in Louisiana a breach of CCP 3191.
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Aug 25, 2017 22:02
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blarzgh posted:Fun Hypo: Hire a lawyer you going to court . 99.99% sure an estate can't pay income taxes for the executor He'd have to pay income tax on the income tax payment anyway . Idiot . The other stuff may be kosher but for that size of an estate you will need an accounting .
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Aug 25, 2017 22:09
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euphronius posted:Hire a lawyer you going to court . - We were the lawyers. - You're 100% correct - and because he didn't report the $20k, it was tax fraud. That was a fun deposition. - In Texas, an Executor can only pay himself "15% of money in + money out as an "executor fee", and only if you apply to the Court and the Court grants it, so nothing else was kosher. Also, what "watering the cows" meant was that they had leased a portion of the land to neighbor for grazing (he was pocketing that $300/month as well) and was then going out, on his own volition, and filling up a trough for the cows to drink from every couple of weeks. And then paying himself from the Estate to do this entirely voluntary, completely redundant act. Oh, and the Estate was paying the water bill.
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Aug 25, 2017 22:14
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I wonder if you can enjoin an executor from further action pending a review of an accounting and possible folkow up probate actions Idk
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Aug 25, 2017 22:14
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euphronius posted:I wonder if you can enjoin an executor from further action pending a review of an accounting and possible folkow up probate actions We had filed an application to remove him as executor, and in the course of discovery all this stuff came out. By that time, he had scrounged up an attorney who rightfully advised him to stop pending the outcome of our application.
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Aug 25, 2017 22:16
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blarzgh posted:- We were the lawyers. 15% of money movement is a good rule . Pa doesn't have that . No rules at all.
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Aug 25, 2017 22:16
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blarzgh posted:We had filed an application to remove him as executor, and in the course of discovery all this stuff came out. By that time, he had scrounged up an attorney who rightfully advised him to stop pending the outcome of our application. Did you offer him "just quit right now and we will let you keep the money you paid yourself "?
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Aug 25, 2017 22:18
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euphronius posted:Did you offer him "just quit right now and we will let you keep the money you paid yourself "? Basically. We said, "Hey look, you got to live high on the hog for a year, and pulled down a cool $100,000 in embezzled funds. We also found out from the nurse who 'witnessed' the new will that you brought it in yourself, and while she was 100% blind and barely conscious, held her quivering hand to the sheet to sign it. Here's the deal - we'll take the property and split it 4 ways, and you can take what you already took and be happy about it." He took the deal. Apparently after the Estate re-filed its taxes, he got hit with another $25,000.00 tax bill.
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Aug 25, 2017 22:32
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Just a reminder to new posters in the thread: euphronius is our landlord/tenant specialist, blarzgh is great with any traffic related questions, and Nice Piece of Fish probably decapitated a journalist on his homemade boat. So he's great at maritime law.
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Aug 26, 2017 00:03
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My coworker was asking for extra hours lately, and when he was in a pretty poo poo mood for being denied, I asked him what was going on. Seems six years ago, when he lived in Ohio, his mom really wanted him to go to school/university, to the point she filled out all the paperwork for him, and he signed away; went to school for a year, decided college wasn't for him, and left. Fast forward to last month, he got the first ever mail from a loan agency, saying he owes $4k for that year of school, because it was a federal loan. Because he can't pay it outright, interest adds up to 6 grand, and they will garnish his wages to get it, and the first one just happened or will happen Friday. Obviously he could be full of poo poo, and I have no idea how six years goes by without anyone contacting him, but are any of those debit-help agencies worth a poo poo? I don't even know how you can spend 4 grand on one loving year of school, but I did only community college save one class.
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Aug 26, 2017 03:14
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blarzgh posted:Basically. We said, "Hey look, you got to live high on the hog for a year, and pulled down a cool $100,000 in embezzled funds. We also found out from the nurse who 'witnessed' the new will that you brought it in yourself, and while she was 100% blind and barely conscious, held her quivering hand to the sheet to sign it. Nice He had a good lawyer "Make a deal " i always said
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Aug 26, 2017 03:33
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Hot Dog Day #91 posted:Just a reminder to new posters in the thread: euphronius is our landlord/tenant specialist Just kind of a general question, I can get into specific jurisdictions if necessary. I'm thinking of running for office as a constable, which is a key part of the eviction process. I don't plan on doing anything illegal, but I'm curious, could a sympathetic constable do a lot of good in making sure that tenant rights are always respected? From simple stuff like providing info on tenant rights at the time of eviction, information on how to contact the bar association for a referral etc.? Is it common for evictions to be really screwed up to the point where a careful constable wouldn't go through with it?
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Aug 26, 2017 04:01
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Yes.
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Aug 26, 2017 04:19
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