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evilweasel
Aug 24, 2002

Badger of Basra posted:

Everything below is in Texas.

I recently found out my dad has some unclaimed property held by the state. He is the only listed owner. He died in 2007, and his will was filed for probate in 2008. I just got a copy of the will from the probate court and it lists four people who are supposed to get something: my half brother and my dad's then girlfriend were to get $100k each and his sister was supposed to get everything else. His sister was also the executor, and also has since passed away [the will says that if she dies, the executor becomes his bank]. I am noted as being provided for through other means, so I don't get anything through the will.

My question is who, if anyone, is allowed to claim the property held by the state? It's not much so if this is some big complicated thing, I figured I would just leave it.

Did the people who were supposed to get the $100k actually get it? If so, it sounds like the answer is his sister (or, since she's dead, her heirs). I would probably punt it over to the executor of her estate to handle.

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EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Badger of Basra posted:

Everything below is in Texas.

I recently found out my dad has some unclaimed property held by the state. He is the only listed owner. He died in 2007, and his will was filed for probate in 2008. I just got a copy of the will from the probate court and it lists four people who are supposed to get something: my half brother and my dad's then girlfriend were to get $100k each and his sister was supposed to get everything else. His sister was also the executor, and also has since passed away [the will says that if she dies, the executor becomes his bank]. I am noted as being provided for through other means, so I don't get anything through the will.

My question is who, if anyone, is allowed to claim the property held by the state? It's not much so if this is some big complicated thing, I figured I would just leave it.

How much is the property worth? A probate attorney could probably answer this question pretty quickly, but it depends on whether its worth you paying to find out if you're entitled, or if the probate attorney thinks the state might just give it to you if you claim it

Lowly
Aug 13, 2009

I would think the estate would make the claim on the property, then it would be distributed to the heirs along with the rest of the estate. If the estate was already closed, then ... I don't know Texas law, but the bank might have to re-open the estate and claim it. I did probate at one time in CA and I never ran into a situation like that, but when there were property or funds that were missed in the original estate, even if it was just a couple hundred dollars, you would have to re-open the estate temporarily to deal with it.

ETA: I checked out the unclaimed property website for Texas and it looks like to claim property for a deceased person you would need to be an heir, an executor, a trustee/trust beneficiary, the administrator of the estate or have a power of attorney. They actually have an easy little survey you can go through to see what you would need: https://www.surveymonkey.com/r/RJC6F6M

Lowly fucked around with this message at 23:35 on Sep 19, 2018

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Nice piece of fish posted:

No that's the one and the same, you got it right the first time.

Although, it's much less negative and cynical these days, we have a shiny new thread and people are happy and holding hands, singing we are the world. It's beautiful, really.

The law school thread has no more law students and most of us now have jobs. Plus we're all coming to your cabin at some point.

Javid
Oct 21, 2004

:jpmf:
Landlord/tenant question. Semi hypo, this situation is real but nobody's planning to make it a legal issue. Just curious™

A owns a house. From this house he rents a bedroom and common area access to B. As far as I know there's no lease or paperwork and it's a cash/informal arrangement.

B has boyfriend C over. A insists that C can't be in the house, even in B's private bedroom, unless one of them is home. This is a big pain in the rear end as C is visiting from out of town and A and B both leave for work super early.

The Question: is this within A's legal rights as a landlord to demand, or are guests in the paid-for bedroom none of his business?

E: Oregon

Javid fucked around with this message at 03:37 on Sep 20, 2018

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
It’s effectively a month to month lease. If the landlord doesn’t like it, he can terminate on 30 (maybe 15) days notice. The tenant has a right to privacy in areas exclusive to him. So the boyfriend could stay in the bedroom but not the common area.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
Can A require B to pay a boyfriend deposit equivalent to the value of the house and A's property in the house?

Devor
Nov 30, 2004
Lurking more.

Javid posted:

Landlord/tenant question. Semi hypo, this situation is real but nobody's planning to make it a legal issue. Just curious™

A owns a house. From this house he rents a bedroom and common area access to B. As far as I know there's no lease or paperwork and it's a cash/informal arrangement.

B has boyfriend C over. A insists that C can't be in the house, even in B's private bedroom, unless one of them is home. This is a big pain in the rear end as C is visiting from out of town and A and B both leave for work super early.

The Question: is this within A's legal rights as a landlord to demand, or are guests in the paid-for bedroom none of his business?

E: Oregon

From Oregon Statutes, on Temporary Occupancy Agreements:
https://www.oregonlegislature.gov/bills_laws/ors/ors090.html

Not a lawyer, but it seems like the benefit of this agreement is that it memorializes that the guest is not a tenant, and would ordinarily ensure that the guest would comply with the terms of your lease (but you don't have a lease). Oregon doesn't seem to differentiate any rules for owner-occupied rentals.

If you allow the boyfriend to stay on for a period, does he become a tenant? Since you don't have a lease, maybe? The same page defines that a tenant is not a guest or temporary occupant - but since you don't have a lease listing the tenants, who's to say?

quote:

90.275 Temporary occupancy agreement; terms and conditions. (1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship.

(2) The temporary occupant:

(a) Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and

(b) Does not have the rights of a tenant.

(3) The temporary occupancy agreement may be terminated by:

(a) The tenant without cause at any time; and

(b) The landlord only for cause that is a material violation of the temporary occupancy agreement.

(4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement.

(5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level.

(6) A temporary occupancy agreement:

(a) Shall expressly include the requirements of subsections (2) to (4) of this section;

(b) May provide that the temporary occupant is required to comply with any applicable rules for the premises; and

(c) May have a specific ending date.

(7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement.

(8) A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.

(9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS 90.449, the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 or 90.630 if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.

(10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement.

(11)(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter.

(b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit.

(c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15; 2013 c.294 §5]

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy
are there any cheapo diploma mill aba accredited online law schools?

euphronius
Feb 18, 2009

I’m not aware of any online accredited law schools

homullus
Mar 27, 2009

Doorknob Slobber posted:

are there any cheapo diploma mill aba accredited online law schools?

Diploma mills are usually not cheap for any degree at any level -- they can charge whatever they want, since people who go there usually don't have any other choice. Mitchell Hamline has a hybrid program, which is mostly online, but still requires you to be on campus for about a week each semester.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

euphronius posted:

I’m not aware of any online accredited law schools

Won't happen either, since part of the ABA scoring process is evaluating the quality of a school's physical law library.

Bad Munki
Nov 4, 2008

We're all mad here.


ulmont posted:

Won't happen either, since part of the ABA scoring process is evaluating the quality of a school's physical law library.

Oh that's easy, it's at 6000 Enterprise Avenue, Schertz, TX 78154

euphronius
Feb 18, 2009

ulmont posted:

Won't happen either, since part of the ABA scoring process is evaluating the quality of a school's physical law library.

Looks like they are trying hybrid programs at schools that already have traditional programs

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy

euphronius posted:

Looks like they are trying hybrid programs at schools that already have traditional programs

thats cool at least.

Eminent Domain
Sep 23, 2007



I've definitely had clients be able to get restraining orders on abusers who made threats of putting spells on them and poo poo. It was part of an overall pattern of harassment however.

I think the clincher in that case was the opposing party starting to chant and make hand motions in court, of course.

Bad Munki
Nov 4, 2008

We're all mad here.


Eminent Domain posted:

I think the clincher in that case was the opposing party starting to chant and make hand motions in court, of course.
Oh that's fantastic.

Actually, I was able to find a courtroom sketch from proceedings:

fool of sound
Oct 10, 2012

Eminent Domain posted:

I've definitely had clients be able to get restraining orders on abusers who made threats of putting spells on them and poo poo. It was part of an overall pattern of harassment however.

I think the clincher in that case was the opposing party starting to chant and make hand motions in court, of course.

That owns

incogneato
Jun 4, 2007

Zoom! Swish! Bang!

Doorknob Slobber posted:

are there any cheapo diploma mill aba accredited online law schools?

Not online (as far as I know), but there are plenty of bottom tier accredited law schools with terrible job placement stats. They basically prey on people lured by the myth of lawyerly prestige, but who couldn't get into a better school. Not sure if that counts as a "mill" though.

The punchline is that they're not cheapo. They cost about as much as other law schools.

Javid
Oct 21, 2004

:jpmf:
I'm on mobile right now but somebody post the "University of American Samoa?!?" rant from Better Call Saul

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy

incogneato posted:

Not online (as far as I know), but there are plenty of bottom tier accredited law schools with terrible job placement stats. They basically prey on people lured by the myth of lawyerly prestige, but who couldn't get into a better school. Not sure if that counts as a "mill" though.

The punchline is that they're not cheapo. They cost about as much as other law schools.

Its too bad. I only have three options in my state, not that I particularly want to be a lawyer. I mainly want to learn about law and not be a lawyer. So I signed up for a paralegal program at a (probably) lovely online school that I can attend for free through a union my spouse belongs to.

essentially I wanted to see how far and for how cheap I could take this

Doorknob Slobber fucked around with this message at 01:56 on Sep 21, 2018

Nonexistence
Jan 6, 2014

Javid posted:

I'm on mobile right now but somebody post the "University of American Samoa?!?" rant from Better Call Saul

Go land crabs

KillHour
Oct 28, 2007


In some states, you don't even need a law degree - you can be an apprentice under a lawyer (assuming you can get one to agree to that) and pass the bar exam and *boom*, lawyer.

I hear it's actually very difficult to do this.

kedo
Nov 27, 2007

I'm in the process of writing my will based on a boilerplate I found online for my state. If I'm trying to leave the money in a bank account to a relative, how much information about the account do I need to include? Would the name of the bank and the last four digits of the account number be good enough?

euphronius
Feb 18, 2009

kedo posted:

I'm in the process of writing my will based on a boilerplate I found online for my state. If I'm trying to leave the money in a bank account to a relative, how much information about the account do I need to include? Would the name of the bank and the last four digits of the account number be good enough?

Come on, man.

euphronius
Feb 18, 2009

Learning how to be a paralegal won’t teach you anything or very little about “law”.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

kedo posted:

I'm in the process of writing my will based on a boilerplate I found online for my state. If I'm trying to leave the money in a bank account to a relative, how much information about the account do I need to include? Would the name of the bank and the last four digits of the account number be good enough?

- Do you have relatives who would fight over the money?
- Is it more than a few thousand dollars?
- Are you married?
- Do you have children?

If the answer to any of these is potentially "yes" then just go pay some goober lawyer the $500 to write it up.

If you have questions about a PoD bank account, go talk to a branch manager.

kedo
Nov 27, 2007

euphronius posted:

Come on, man.

Huh?


blarzgh posted:

- Do you have relatives who would fight over the money?
- Is it more than a few thousand dollars?
- Are you married?
- Do you have children?

If the answer to any of these is potentially "yes" then just go pay some goober lawyer the $500 to write it up.

If you have questions about a PoD bank account, go talk to a branch manager.

Gotcha. I'm mainly using a boilerplate on the advice from my parents whose lawyer apparently suggested they didn't need him to write their wills and that a boilerplate would do. :shrug: Thanks!

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy

euphronius posted:

Learning how to be a paralegal won’t teach you anything or very little about “law”.

I doubt that, I learned a ton about law and using it to my advantage when I was a process server. It led to me taking a landlord to small claims, winning a settlement against a debt collector and getting a few other landlords to gently caress off with their illegal garbage. And I essentially learned all that from just reading the summonses/complaints/letters of demand law firms were sending all over the place.

Doorknob Slobber fucked around with this message at 17:05 on Sep 21, 2018

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Doorknob Slobber posted:

I doubt that, I learned a ton about law and using it to my advantage when I was a process server. It led to me taking a landlord to small claims, winning a settlement against a debt collector and getting a few other landlords to gently caress off with their illegal garbage. And I essentially learned all that from just reading the summonses/complaints/letters of demand law firms were sending all over the place.

Get this guy a bar number!

euphronius
Feb 18, 2009

Process server AND small claims. That’s like half of the bar exam right there.

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy

therobit posted:

Get this guy a bar number!

I mean, (as far as I can tell) paralegals do everything attorneys do except directly represent someone in court. In my experience they're the ones doing 99% of the 'work'. They seem to be writing most of the stuff that gets filed and where it gets filed. I get that people who ARE attorneys are probably intimidated by that, but I worked directly with both attorneys and paralegals and usually the paralegals understood far more of what was going on with anything at any given time than an attorney does. A lot of attorneys didn't even know what constitutes legal service it was madness sometimes working with them.

Kalman
Jan 17, 2010

euphronius posted:

Learning how to be a paralegal won’t teach you anything or very little about “law”.

It’ll teach you very little about “law”, but a bunch about law as practiced.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Doorknob Slobber posted:

I mean, (as far as I can tell) paralegals do everything attorneys do except directly represent someone in court. In my experience they're the ones doing 99% of the 'work'. They seem to be writing most of the stuff that gets filed and where it gets filed. I get that people who ARE attorneys are probably intimidated by that, but I worked directly with both attorneys and paralegals and usually the paralegals understood far more of what was going on with anything at any given time than an attorney does. A lot of attorneys didn't even know what constitutes legal service it was madness sometimes working with them.

In my experience the only significant difference between an attorney and a paralegal is how much money their respective parents had to pay for schooling.

Devor
Nov 30, 2004
Lurking more.

euphronius posted:

Process server AND small claims. That’s like half of the bar exam right there.

You are tasked with serving fifteen people in a 30-block radius. How many hours do you have to falsify in your records, after throwing all fifteen services down a storm drain inlet?

a) 1 Hour
b) 4 Hours
c) 8 Hours
d) Throw your records down the inlet too

euphronius
Feb 18, 2009

Hieronymous Alloy posted:

In my experience the only significant difference between an attorney and a paralegal is how much money their respective parents had to pay for schooling.

Paralegals can’t write substantial pleadings, motions or briefs or argue in court. I suppose the best of them can compose discovery documents.

HookShot
Dec 26, 2005

Doorknob Slobber posted:

I doubt that, I learned a ton about law and using it to my advantage when I was a process server. It led to me taking a landlord to small claims, winning a settlement against a debt collector and getting a few other landlords to gently caress off with their illegal garbage. And I essentially learned all that from just reading the summonses/complaints/letters of demand law firms were sending all over the place.

This is my new favourite post in the thread.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

euphronius posted:

Paralegals can’t write substantial pleadings, motions or briefs or argue in court. I suppose the best of them can compose discovery documents.

There's legally can't and there's mentally can't. I"ve known plenty of practicing attorneys who were barely capable of breathing without their paralegals pressing rhtymically on their chests.

Doorknob Slobber
Sep 10, 2006

by Fluffdaddy

euphronius posted:

Paralegals can’t write substantial pleadings, motions or briefs or argue in court.

Are you sure this isn't different per state? Everything I've read and experienced essentially says the only part of your statement that is true is 'argue in court'.

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euphronius
Feb 18, 2009

Doorknob Slobber posted:

Are you sure this isn't different per state? Everything I've read and experienced essentially says the only part of your statement that is true is 'argue in court'.

Try it and report back.

Edit

Better yet post one of your briefs here and let me see if it is up to snuff

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