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Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

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mastershakeman posted:

^^^^ look I bought "as is" but obviously that means I'm not buying as is if I find anything wrong with it post sale, as determined by me

I'm not a real estate or contract attorney, but don't you still have a cause of action in an "as-is" sale if the seller actively concealed faults?

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mastershakeman
Oct 28, 2008

by vyelkin

Pook Good Mook posted:

I'm not a real estate or contract attorney, but don't you still have a cause of action in an "as-is" sale if the seller actively concealed faults?

How are you going to prove that? And how can you do that cheaper than just saying gently caress it and letting the other side keep the earnest money which is usually just a couple grand?

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
I'm telling myself that thread about the gay kids inheritance is a troll so I can sleep at night

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

mastershakeman posted:

How are you going to prove that? And how can you do that cheaper than just saying gently caress it and letting the other side keep the earnest money which is usually just a couple grand?

Well if you're a good pro se who don't need no stinking lawyer, it shouldn't be that hard.

mikeraskol
May 3, 2006

Oh yeah. I was killing you.

Soothing Vapors posted:

I'm telling myself that thread about the gay kids inheritance is a troll so I can sleep at night

Sign of the times I guess when you just can't tell.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Soothing Vapors posted:

I'm telling myself that thread about the gay kids inheritance is a troll so I can sleep at night

Doesn't sound crazy to me at all.

Vox Nihili
May 28, 2008

Soothing Vapors posted:

I'm telling myself that thread about the gay kids inheritance is a troll so I can sleep at night

People post on Reddit about being defrauded or otherwise stolen from by their parents in a huge variety of ways pretty much daily. Most of those posts are probably real.

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost

Vox Nihili posted:

People post on Reddit about being defrauded or otherwise stolen from by their parents in a huge variety of ways pretty much daily. Most of those posts are probably real.

I think a natural consequence of the fact that boomers are scum

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
It's not remotely shocking that someone that was isolated from his family because he was gay willed his estate to his life-partner nor is it shocking that familial pressure could force someone inside the circle to ignore the will and lock out the widower.

mikeraskol
May 3, 2006

Oh yeah. I was killing you.

Mr. Nice! posted:

It's not remotely shocking that someone that was isolated from his family because he was gay willed his estate to his life-partner nor is it shocking that familial pressure could force someone inside the circle to ignore the will and lock out the widower.

It reads like a troll to me because the guy posting is like "omg I didn't think this was such a serious issue we just thought it was more fair for us to get the money" and "omg I can't believe it we could be in trouble for stealing this guys money whaaaaaat I can't believe he's suing us where did he even get the will."

Nobody can be that stupid, right?

mikeraskol fucked around with this message at 16:56 on Aug 9, 2018

evilweasel
Aug 24, 2002

mikeraskol posted:

It reads like a troll to me because the guy posting is like "omg I didn't think this was such a serious issue we just thought it was more fair for us to get the money" and "omg I can't believe it we could be in trouble for stealing this guys money whaaaaaat I can't believe he's suing us where did he even get the will"?

Nobody can be that stupid, right?

the entitlement is really easy

that they thought they would get away with it pretty clearly boils down to they didn't think he could ever find out as long as they suborned the sister. now that he found out, they're sort of stuck so it makes sense to minimize, and if they're as bigoted as the guy comes across I could easily believe that they don't quite get that the law is going to side with this homosexual racial minority over them

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

mikeraskol posted:

It reads like a troll to me because the guy posting is like "omg I didn't think this was such a serious issue we just thought it was more fair for us to get the money" and "omg I can't believe it we could be in trouble for stealing this guys money whaaaaaat I can't believe he's suing us where did he even get the will"?

Nobody can be that stupid, right?

Aren't you a lawyer?

evilweasel posted:

the entitlement is really easy

that they thought they would get away with it pretty clearly boils down to they didn't think he could ever find out as long as they suborned the sister. now that he found out, they're sort of stuck so it makes sense to minimize, and if they're as bigoted as the guy comes across I could easily believe that they don't quite get that the law is going to side with this homosexual racial minority over them

But they weren't even married!

mikeraskol
May 3, 2006

Oh yeah. I was killing you.

Pook Good Mook posted:

Aren't you a lawyer?

Yeah, though I've never done any family/domestic stuff like this just (for the most part) securities class actions. So the best stories/stupidest things I've seen are just your run of the mill dumb e-mails.

Tipps
Apr 18, 2006


party in the front

business in the back
I can absolutely understand not wanting to get married for anti-heteronormative reasons, but if they suspected that the family loving with the estate was a possibility, they really should've just had a deathbed marriage and saved themselves a lot of trouble. :shrug:

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

mikeraskol posted:

It reads like a troll to me because the guy posting is like "omg I didn't think this was such a serious issue we just thought it was more fair for us to get the money" and "omg I can't believe it we could be in trouble for stealing this guys money whaaaaaat I can't believe he's suing us where did he even get the will"?

Nobody can be that stupid, right?

Sounds like any one of hundreds of people I've known throughout my life.

evilweasel posted:

the entitlement is really easy

that they thought they would get away with it pretty clearly boils down to they didn't think he could ever find out as long as they suborned the sister. now that he found out, they're sort of stuck so it makes sense to minimize, and if they're as bigoted as the guy comes across I could easily believe that they don't quite get that the law is going to side with this "[homosexual racial minority]" over them

fixed that for you because you know very well what language they used.

evilweasel
Aug 24, 2002

Mr. Nice! posted:

fixed that for you because you know very well what language they used.

well, i don't know which racial minority the partner was, and the guy's family seemed like the people to use the correct racial slurs for different minorities considering they were just randomly sending him the slurs

mastershakeman
Oct 28, 2008

by vyelkin

Mr. Nice! posted:

Sounds like any one of hundreds of people I've known throughout my life.


fixed that for you because you know very well what language they used.

You could've just said he was from outer space

Newfie
Oct 8, 2013

10 years of oil boom and 20 billion dollars cash, all I got was a case of beer, a pack of smokes, and 14% unemployment.
Thanks, Danny.
Newfoundland professional ambulance chaser and general litigator building a practice off the partners at my firm who are literally dying in their offices. If you want to have 30 slip and fall files in a terrible Walmart at any given time, this is the province to do it. Glad to see there is a new thread I can bookmark and ignore for weeks at a time. Great OP Phil, it was a nice little update and had a laugh rereading the saga of Toona.

Any potential law goons can feel free to DM if you have any questions about practice in Atlantic Canada or law schools out here.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
https://www.washingtonpost.com/news/local/wp/2018/08/09/paul-manafort-trial-day-8-live-coverage/?utm_term=.983f43b64eef

https://twitter.com/CNNPolitics/status/1027574255591059456

This kind of thing just shows me the guy was being a dick for attention.

Residency Evil
Jul 28, 2003

4/5 godo... Schumi
Just wanted to say thank you for summing up toona's life in the first few posts: I always wondered how things ended up.

Eminent Domain
Sep 23, 2007



People are 100% stupid enough to pull that poo poo with the will and then be ~shocked~ that they are gonna be held accountable for it

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Eminent Domain posted:

People are 100% stupid enough to pull that poo poo with the will and then be ~shocked~ that they are gonna be held accountable for it

Seems like you see two kinds of "shock" with this type of thing.

Shock that they were wrong or that they somehow aren't justified.

Shock that the other person is actually standing up for themselves (when they knew they were wrong from the get-go)

Nice piece of fish
Jan 29, 2008

Ultra Carp

Eminent Domain posted:

People are 100% stupid enough to pull that poo poo with the will and then be ~shocked~ that they are gonna be held accountable for it

In my short career I've seen something similar thrice already. People will absolutely be this dumb and this lovely, anywhere.

Nonexistence
Jan 6, 2014
I work overseeing estate fiduciaries and if not for the listed ages I thought it was one of our files. Family fiduciaries steal more than anyone else and are almost always thoroughly self-righteous about their thoroughly rationalized reasons. "Family," as in the popular American social construction of family wherein even the worst and most tribalistic buffoonery must be accepted and praised by all other family members no matter the cost, is worse cancer than religion.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Eminent Domain posted:

People are 100% stupid enough to pull that poo poo with the will and then be ~shocked~ that they are gonna be held accountable for it

75% of my probate litigation is this happening. The other 25% is off the wall stuff.

mastershakeman
Oct 28, 2008

by vyelkin
Out of curiosity, are there a lot of old homophobic judges that would invalidate that will? (Assuming will just says everything goes to the boyfriend)

How much discretion do judges get on making that determination?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Pook Good Mook posted:

I'm not a real estate or contract attorney, but don't you still have a cause of action in an "as-is" sale if the seller actively concealed faults?

Texas (and every other state as far as I'm concerned) has an attachment for real estate contracts called "seller's disclosures." In it, the seller has to disclose every issue, 1. thats on the list of potential issues and 2. that they know about. Its not mandatory by law to my knowledge unless you're closing through a real estate agent who is required by their license to include one.

There is also a closing period, usually 30 days, where the buyer has the right to 1. hire their own inspector to look for issues, and 2. walk away from the contract and not forfeit their earnest money if shits hosed.

For the kind of fraud you're talking about (lets say, the foundation is hosed up, but the seller generated a false report saying it was fine), then you have a cause of action, but for fraud and damages ($$ to fix the foundation) or fraud and equitable relief (rescission of the sale).

If its an "As Is, buyer is getting their own inspector, seller is making no dislcosures." and its just that the Buyer was too dumb to hire an inspector because they looked at it and said, "I ain't payin no $250! I'll do it myself!" then you're 100% right.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

mastershakeman posted:

Out of curiosity, are there a lot of old homophobic judges that would invalidate that will? (Assuming will just says everything goes to the boyfriend)

How much discretion do judges get on making that determination?

I wonder if hating gays is a bigger priority for any judge than not getting dunked on by the appeals court.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

The trump thread is 100% convinced Ellis is out to ratfuck the case and I dont know how to adequately explain to then that no, most article iii judges are just egodriven preening turds

sullat
Jan 9, 2012
One of thr first cases I worked on was a Brady-bunch family where Mom married step-dad, and thrn after Mom died, she has step-dad as executor of a substantial estate. He starts spending it like mad, so Mom's daughters sue him to stop it and it escalates from there.

mastershakeman
Oct 28, 2008

by vyelkin

sullat posted:

One of thr first cases I worked on was a Brady-bunch family where Mom married step-dad, and thrn after Mom died, she has step-dad as executor of a substantial estate. He starts spending it like mad, so Mom's daughters sue him to stop it and it escalates from there.

Yeah I'm ready for when my grandpa dies since he has 9 kids + my evil stepgrandma has a bunch too and every one of them is convinced they should get all of the money , so dozens of people going after it

Now that I think about it I have a lot of personal deets about inheritance squabbling (mainly because both sides of my family are farmers so there's land wealth but very little cash) but I'm sure everyone here does as well and it can't be that interesting

mastershakeman fucked around with this message at 20:57 on Aug 9, 2018

Eminent Domain
Sep 23, 2007



Pook Good Mook posted:

Seems like you see two kinds of "shock" with this type of thing.

Shock that they were wrong or that they somehow aren't justified.

Shock that the other person is actually standing up for themselves (when they knew they were wrong from the get-go)

Oh, definitely. I see plenty of it during DV restraining order hearings. The arguments I've heard from pro per parties or attorneys have been amazing in trying to excuse it.

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?
I'm not reading the details of this will stuff, but as someone whose aunt got a power of attorney over his grandmother (who had Alzheimer's) and drained all of her money and spent it on said aunt's own personal drinking, casinos, and hotel stays, all I would say is that never underestimate the pure greed of people. These things often have far less to do with a stated reason (e.g. gay people), and more about having a thin rationalization to do what the person really wants (e.g. steal or otherwise control money).

Nice piece of fish
Jan 29, 2008

Ultra Carp

mastershakeman posted:

Yeah I'm ready for when my grandpa dies since he has 9 kids + my evil stepgrandma has a bunch too and every one of them is convinced they should get all of the money , so dozens of people going after it

Now that I think about it I have a lot of personal deets about inheritance squabbling (mainly because both sides of my family are farmers so there's land wealth but very little cash) but I'm sure everyone here does as well and it can't be that interesting

Nah, just post. I love hosed up inheritance intrigue, so long as I'm not litigating it.

E: Come to think of it, people are like this in every area of law but most often in inheritance and/or property disputes. People will loving murder you over property lines

Nice piece of fish fucked around with this message at 21:09 on Aug 9, 2018

Munin
Nov 14, 2004


There was a recent story where the spouse's side of the family set up the widow to go down for murder when she decided to sell the land she had inherited from her husband to someone they disapproved of (they were expecting her to sell it back to the family at a knockdown price).

She got convicted of poisoning her husband with arsenic and sent down. The will was then reversed and the family got everything.

The husband used to regularly self medicate with medicine for his animals including regularly imbibing arsenic laced turkey medicine...

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
There's lots of people in my family, even on the hosed up side, and we've had lots of deaths, and never really any inheritance squabbling.

Vox Nihili
May 28, 2008

Soothing Vapors posted:

The trump thread is 100% convinced Ellis is out to ratfuck the case and I dont know how to adequately explain to then that no, most article iii judges are just egodriven preening turds

In my (extremely brief) experience with Article 3 judges, the younger/newer ones are thoughtful and generally quite reasonable if a bit paranoid, while the older ones are effectively powerful, ancient, hateful liches.

Hot Dog Day #91
Jun 19, 2003

Pook Good Mook posted:

Aren't you a lawyer?


Big law attorneys are only lawyers in the abstract sense.

mikeraskol
May 3, 2006

Oh yeah. I was killing you.
Harsh, but fair.

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gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Vox Nihili posted:

In my (extremely brief) experience with Article 3 judges, the younger/newer ones are thoughtful and generally quite reasonable if a bit paranoid, while the older ones are effectively powerful, ancient, hateful liches.
They're that for about two years, then they learn to hate everything.

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