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euphronius
Feb 18, 2009

Seems like an awfully specific hypothetical at this point!!!

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LLJKSiLk
Jul 7, 2005

by Athanatos

euphronius posted:

Seems like an awfully specific hypothetical at this point!!!

Oh, it's a legit situation, I'm not involved in it myself other than knowing the parties involved. I work in Title Insurance so I am avoiding giving her legal advice, but I'm trying to figure out the right questions she can ask an attorney if she needs one.

euphronius
Feb 18, 2009

You can’t sue a grandmother to death.

Yet.

LLJKSiLk
Jul 7, 2005

by Athanatos

euphronius posted:

You can’t sue a grandmother to death.

Yet.

Thanks for the advice. Any other thoughts you may have on the situation would be helpful. Seems like her options aren't good until she gains that ability.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer
Who the hell is the conservator, one of the attorneys? And they're trying to force the granddaughter--who has a mental disability--into giving up her permanent interest in the house for some temporary money?

This seems like the sort of thing the granddaughter should be able to get legal aid for. Are the granddaughter's parents out of the picture? Does she have any sort of help for something like this?

euphronius
Feb 18, 2009

That was not advice.

Devor
Nov 30, 2004
Lurking more.
Maybe Granddaughter can find a shady company to sell her future property interest to, and get a reverse mortgage to pay the rent to Grandma (at that point you could probably find a better suited house to rent, since you're not getting family rental rates). The math probably doesn't work out for a reverse mortgage to a young person, though.

Key words to shout out the window in the commercial: "It's my vested remainder interest, and I want it now!"

Thanatosian posted:

Who the hell is the conservator, one of the attorneys? And they're trying to force the granddaughter--who has a mental disability--into giving up her permanent interest in the house for some temporary money?

This seems like the sort of thing the granddaughter should be able to get legal aid for. Are the granddaughter's parents out of the picture? Does she have any sort of help for something like this?

Granddaughter doesn't have a permanent interest until Grandma is dead, per my reading. It's Grandma's house to occupy or rent until Grandma dies, and the conservator is making sure the house isn't lost to a tax sale by making sure Grandma has enough funds.

Presumably this arrangement prevents the Conservator from selling the house, and using the proceeds to pay themselves after Grandma's bank account dries up.

Devor fucked around with this message at 18:50 on Oct 22, 2018

euphronius
Feb 18, 2009

Maybe there is a bar where all the down on their luck future interest owners congregate to share their troubles. The Vested Remainderman. The Springing Interest. The Right of Reëentry.

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:

You can’t sue a grandmother to death.

Yet.

Attorney I work with literally killed a lady in a deposition once

Made her so angry she died of a heart attack a couple days later

euphronius
Feb 18, 2009

Hieronymous Alloy posted:

Attorney I work with literally killed a lady in a deposition once

Made her so angry she died of a heart attack a couple days later

So could you use the deposition at trial ??

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

Thanatosian posted:

Who the hell is the conservator, one of the attorneys? And they're trying to force the granddaughter--who has a mental disability--into giving up her permanent interest in the house for some temporary money?

If this is the situation, you may want to contact your local disability advocacy agency --

https://www.ndrn.org/ndrn-member-agencies.html (click on your state on the right hand side for your local variant).

It's like legal aid but just for people with disabilities. If the granddaughter has a mental / intellectual disability she may qualify for their assistance.

Devor
Nov 30, 2004
Lurking more.

Hieronymous Alloy posted:

Attorney I work with literally killed a lady in a deposition once

Made her so angry she died of a heart attack a couple days later

Apropos of heart attacks during depositions, here's a perennial favorite re-enactment

https://www.youtube.com/watch?v=PZbqAMEwtOE

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:

So could you use the deposition at trial ??

I dunno, long before my time. I think the case settled.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
My extended family has an apartment in Miami that we rent out half the year, and use for ourselves half the year.

Last year the building's administration started a pretty intense set of renovations which have essentially rendered the apartment uninhabitable, meaning that it definitely can't be rented and it arguably cannot be used by us either.

As a bonus, coop dues have doubled due to the giant loan they took out to pay for all of this.

I'm thinking we need to consult a lawyer on what sort of actions we should be taking to document all of this, or notifying the administration about our grievances, in case it comes down to legal action.

What sort of lawyer should I be looking for? A GP of some kind?

If anyone has any recs, they're appreciated as well.

evilweasel
Aug 24, 2002

LLJKSiLk posted:

Warranty Deed with Life Estate - Alabama

Situation:
Grandmother signs as Grantor a Warranty Deed with Life Estate to Granddaughter as Grantee and land/home.
Grandmother put into conservatorship/nursing home.
Granddaughter wants to live on the property.
Conservator wants granddaughter to pay them/property manager rent to live on the property, as Grandmother still has a life estate interest to use/occupancy until death.

Granddaughter is on SSI/disability and has a problem coming up with the amount they are asking. She's the sole Grantee/Remainderman on the property.

So... I understand they are within their rights to ask for rent, but what rights does Granddaughter have in this situation? They've offered to buy out her interest to the property (which becomes 100% upon the death of grandmother) but she's desperately in need of a place to live and would be better if she could live there now.

How should granddaughter approach this situation?

there are lots of moral issues at play here, but i'm not seeing any legal issue. the granddaughter has no right in the property at all until the grandmother dies, as you've said it. legally speaking the grandmother has no more obligation to house the granddaughter than you do.

now, it is unclear to me that the conservator is really honoring his client's wishes instead of feathering his own nest here though and i have serious questions about if he's discharging his obligations to the grandmother. i am especially troubled by the offer to buy out her interest in the property. who is making this offer and who would be the owner if they bought her out. if the conservator is looking to buy the property i'm very troubled. if the conservator is looking to buy the property on behalf of the grandmother i am not that much less troubled, given the grandmother's clear wishes that her granddaughter have the property after she dies, there's no reason that she would want to "buy it back". there are innocent explanations: perhaps what the conservator has suggested is that grandmother needs money and has no use for the life estate (but can't sell it, nobody wants to buy it), granddaughter needs money, what they should do is combine grandmother's life estate and granddaughter's remainder estate and sell the whole package to a third party, fund grandmother's nursing home, and give a fair amount of money to the granddaughter. but it still smells.

the issue is that the granddaughter obviously has a conflict here and i don't know who can raise that issue, but it smells to hell to me and if there's anyone else in the family that can start asking hard questions about what the gently caress this conservator is doing, they should, though obviously they should get the information firsthand instead of thirdhand.

euphronius
Feb 18, 2009

There should be a local office of aging or similar.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Also Reverse Mortgages are bad bad bad.

Kawasaki Nun
Jul 16, 2001

by Reene

blarzgh posted:

Also Reverse Mortgages are bad bad bad.

I thought they were complicated. What's bad bad bad about them?

Kawasaki Nun fucked around with this message at 21:04 on Oct 22, 2018

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.

Ur Getting Fatter posted:

My extended family has an apartment in Miami that we rent out half the year, and use for ourselves half the year.

Last year the building's administration started a pretty intense set of renovations which have essentially rendered the apartment uninhabitable, meaning that it definitely can't be rented and it arguably cannot be used by us either.

As a bonus, coop dues have doubled due to the giant loan they took out to pay for all of this.

I'm thinking we need to consult a lawyer on what sort of actions we should be taking to document all of this, or notifying the administration about our grievances, in case it comes down to legal action.

What sort of lawyer should I be looking for? A GP of some kind?

If anyone has any recs, they're appreciated as well.

you want a real estate attorney or landlord attorney, and since its Miami I assume there are condo attorneys

LLJKSiLk
Jul 7, 2005

by Athanatos

evilweasel posted:

there are lots of moral issues at play here, but i'm not seeing any legal issue. the granddaughter has no right in the property at all until the grandmother dies, as you've said it. legally speaking the grandmother has no more obligation to house the granddaughter than you do.

now, it is unclear to me that the conservator is really honoring his client's wishes instead of feathering his own nest here though and i have serious questions about if he's discharging his obligations to the grandmother. i am especially troubled by the offer to buy out her interest in the property. who is making this offer and who would be the owner if they bought her out. if the conservator is looking to buy the property i'm very troubled. if the conservator is looking to buy the property on behalf of the grandmother i am not that much less troubled, given the grandmother's clear wishes that her granddaughter have the property after she dies, there's no reason that she would want to "buy it back". there are innocent explanations: perhaps what the conservator has suggested is that grandmother needs money and has no use for the life estate (but can't sell it, nobody wants to buy it), granddaughter needs money, what they should do is combine grandmother's life estate and granddaughter's remainder estate and sell the whole package to a third party, fund grandmother's nursing home, and give a fair amount of money to the granddaughter. but it still smells.

the issue is that the granddaughter obviously has a conflict here and i don't know who can raise that issue, but it smells to hell to me and if there's anyone else in the family that can start asking hard questions about what the gently caress this conservator is doing, they should, though obviously they should get the information firsthand instead of thirdhand.

I appreciate the additional advice. I get point one, and relating to the offer to buy out her interest, by my understanding it's the "property manager" of the conservator who made the offer to buy out granddaughter's interest. I'm not sure if that's on behalf of grandmother (although my guess is that they want to sell the property to pay for the nursing home stuff (in addition to taking her SSI) and granddaughter's future interest prevents that).

Based on what I've gathered, Grandmother's conservator/lawyer cannot sell the property and cannot rent it either without getting Granddaughter's rights removed/sold. It seems like they just want to get money for the nursing home costs. I told Granddaughter to make sure the county taxes get paid either way.

Granddaughter has a mother who lives in Utah but they are estranged. All other family members are estranged as well. Literally, nobody else in their family who gives a poo poo or would lift a finger to help either of them. One of the family members actually took Grandmother to the ATM to drain her bank account prior to the conservatorship being enacted.

Assuming they make her an offer to purchase, is that something she should consider? I'm personally leaning toward yes as the property is not in great shape anyway. The property is maybe worth $60k and has need of repairs. Or as someone pointed out earlier, would that mess up her own Disability income?

Devor
Nov 30, 2004
Lurking more.

LLJKSiLk posted:

I appreciate the additional advice.

*snip*

Assuming they make her an offer to purchase, is that something she should consider? I'm personally leaning toward yes as the property is not in great shape anyway. The property is maybe worth $60k and has need of repairs. Or as someone pointed out earlier, would that mess up her own Disability income?

I love how you tag every single lawyer's comments with "thanks for the advice" like you're a joinder-creating machine

And why would you as a a paralegal/whatever at the title company be weighing in on this with her? Presumably your boss is a lawyer and would tell you not to talk to her about it, and not to give her questions for her to ask a lawyer.

Ask your boss what you can tell her, if you can give her the contact info for legal aid for disabled people, and when they say no you can let this go

Turtlicious
Sep 17, 2012

by Jeffrey of YOSPOS
can this thread get moved to E/N for 2 weeks i wanna see what would happen.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Kawasaki Nun posted:

I thought they were complicated. What's bad bad bad about them?

They're predatory, designed to default if the homeowner so much as farts in the wrong direction, which ends up with Nana losing the house while she's still alive, and more often than not result in a windfall for the mortgage company and fucks over the estate.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Turtlicious posted:

can this thread get moved to E/N for 2 weeks i wanna see what would happen.

We would all stop answering questions and start whining about our crappy jobs and how the partners are never considerate about our gag reflex.

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

blarzgh posted:

They're predatory, designed to default if the homeowner so much as farts in the wrong direction, which ends up with Nana losing the house while she's still alive, and more often than not result in a windfall for the mortgage company and fucks over the estate.

They're just about the most late-stage capitalist/American thing I can think of. If someone is that hard up, they're better off straight up selling the house so they can have a lump of money they can actually do things with.

LLJKSiLk
Jul 7, 2005

by Athanatos

Devor posted:

I love how you tag every single lawyer's comments with "thanks for the advice" like you're a joinder-creating machine

And why would you as a a paralegal/whatever at the title company be weighing in on this with her? Presumably your boss is a lawyer and would tell you not to talk to her about it, and not to give her questions for her to ask a lawyer.

Ask your boss what you can tell her, if you can give her the contact info for legal aid for disabled people, and when they say no you can let this go

I appreciate the advice. ;)

Seriously though, I'm "weighing in" as a friend and have been helping her navigate a few issues in her life over the past month. She left an abusive situation, so I went through the local D.A. and got them to make contact and they've been connecting her with free/reduced legal help for her PFA hearings/etc. She's been in/out of women's shelters and crashing on people's couches, so as she's low on resources I'm trying to point her toward options to navigate the situation she finds herself in.

I obviously can't give her legal advice, but I've been getting her phone numbers/etc. for attorneys. Based on the comments here, I've gotten her the information for the low-income/reduced fee legal folks, and she's supposed to get with them tomorrow.

Kawasaki Nun
Jul 16, 2001

by Reene

blarzgh posted:

They're predatory, designed to default if the homeowner so much as farts in the wrong direction, which ends up with Nana losing the house while she's still alive, and more often than not result in a windfall for the mortgage company and fucks over the estate.

I'm not hearing any downside?

A 50S RAYGUN
Aug 22, 2011
after watching making a murderer, what are the chances that Brendan Dassey dies in prison?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

A 50S RAYGUN posted:

after watching making a murderer, what are the chances that Brendan Dassey dies in prison?

Pretty good, considering he helped Avery rape and murder that woman, burn the body and hide her car in the junkyard.

Edit: Nvm, he'll be eligible for parole when he's 60

blarzgh fucked around with this message at 15:59 on Oct 24, 2018

Gunshow Poophole
Sep 14, 2008

OMBUDSMAN
POSTERS LOCAL 42069




Clapping Larry
e: figured it out nm

Gunshow Poophole fucked around with this message at 16:55 on Oct 26, 2018

Kawasaki Nun
Jul 16, 2001

by Reene

A 50S RAYGUN posted:

after watching making a murderer, what are the chances that Brendan Dassey dies in prison?

Prison is really what you make it. It's all a range of awful options, but many are much shorter than others.

fantastic in plastic
Jun 15, 2007

The Socialist Workers Party's newspaper proved to be a tough sell to downtown businessmen.
In the past, I worked for a consulting company. While at that company, I worked on projects for several big name companies. Now, several years later, I'm an independent consultant and I'd like to advertise that I've worked with those big name companies. Is there any legal reason that I can't/shouldn't do that?

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Isn’t it incredibly bad practice to do that in the consulting world?

fantastic in plastic
Jun 15, 2007

The Socialist Workers Party's newspaper proved to be a tough sell to downtown businessmen.
I'm sure the agency would think so. I'm curious about whether or not it's legal.

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
Did you sign anything that could be construed as a non-disclosure?

fantastic in plastic
Jun 15, 2007

The Socialist Workers Party's newspaper proved to be a tough sell to downtown businessmen.
It was a long time ago so I don't remember the details of exactly what I signed, but I'd be surprised if there wasn't an NDA portion of it. I'll check my files, thanks!

Kalman
Jan 17, 2010

fantastic in plastic posted:

It was a long time ago so I don't remember the details of exactly what I signed, but I'd be surprised if there wasn't an NDA portion of it. I'll check my files, thanks!

I assume consultants don’t have any sort of ethical obligations like lawyers do, but for lawyers revealing the name of a client without their consent is a no-no (unless it’s already known eg you’ve represented them in open court.). If there is such a thing as consultant ethics, check them.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Also you can always describe them without identifying, as in “advised Fortune 500 technology company on X” or “assisted multinational automobile manufacturer in implementing Y”

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

homullus posted:

I can't tell whether this thread likes nerdy law questions. I guess we'll see!

True story: my classmate's break room at work was getting a new refrigerator, so everyone was given a week to clear their stored food. She noticed a frozen meal in the freezer that was a kind she liked, and began to scheme -- if the owner didn't claim it within the week, she was totally going to eat it. Every day she checked, every day it was still there. On the last day, 20 minutes before the deadline for removal, she gave in and took it. As she was clearing the ice off the package to refer to the heating instructions, she uncovered her name on the box, in her own handwriting.

We talked for a bit about whether she was guilty of anything, especially attempt.

One of the elements of conversion and theft is that the property belongs to another, therefore, like a peacock trying to kill the other peacock in the mirror, it makes your classmate an idiot, not a thief, technically or otherwise.

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El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider
O Henry writing the exam now

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