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Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
My Mother says I am not to get any money after my father's death but I think his Will says different. Can she (as agent and POA) "kick me out" of the Will?
u/eringrace7311d
As title says, my Father passed Sept 26 and as expected it's been so hard. To make matters worse, my Mother sent me a text the other day that says "oh and just FYI you are not getting any money from Dad as he paid for stuff when he was alive." OK, I can deal with this HOWEVER, I got passed down my Dads phone after he passed because its nice than mine and I was gonna use it. Upon looking through the phone, his Will and a form stating my mother as his agent are in his saved documents. I read both out of curiosity and sure enough it says I get a split of 40% of something (I forget rn).

So a couple questions: Can my mom change his will and kick me out of it?

Is anyone in this sub able to look at a copy of the will and ELI5 to me? I could be interpreting it wrong I'm not familiar with this stuff at all.

Also, my mom told me I have to go to the bank with her and "sign papers" regarding Dad when I go in for the holidays. What could this be?

Thanks r/legaladvice I really hope I get some answers.

EDIT: obligatory thank you for the gold! Also, thank you all for the amazing advice so far.. keep it coming I'm learning a lot and getting good ideas.
_______

BWDM: Bad With Dad’s Money

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Veni Vidi Ameche!
Nov 2, 2017

by Fluffdaddy

Alan Smithee posted:

Pretty much yeah. Half were deleted cuz r legaladvice is insanely moderated. OP seems to have a good head about it too

My only concern is the management took red pill mans side which means if he did claim it was an oral agreement could they lie on his behalf as a witness

No one at the restaurant is going to be willing to perjure themselves to help the customer who never tips* get a chunk of money. Also, an agreement and an enforceable agreement are two different things.

* I know, but come on.

StormDrain
May 22, 2003

Thirteen Letter

howdoesishotweb posted:

BWM 2020: Drinking Gin and Pelotonikkah Financed through next Hanukkah

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...

Veni Vidi Ameche! posted:

* I know, but come on.

I feel like I’m missing something

klafbang
Nov 18, 2009
Clapping Larry

Alan Smithee posted:

I feel like I’m missing something

Guy from the story was tipping using scratch tickets.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
gently caress anyone who tips in anything cutesy.

Idiots on cruise ships tipping their stateroom attendants with postcards and poo poo. Can't eat postcards dingus.

Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer

Veni Vidi Ameche! posted:

No one at the restaurant is going to be willing to perjure themselves to help the customer who never tips* get a chunk of money. Also, an agreement and an enforceable agreement are two different things.

* I know, but come on.

He'd probably have to make a new verbal agreement every time he tipped her for that flimsy rationale to hold up. "Don't forget! We split the winnings! Come on, I need you to say yes in front of these witnesses! Cool, see you next week."

Now I want to know how much this is. 3 months salary...so $10k if she's a decent bartender? Yeah, let's go to court on the weakest of arguments for $5k pretax.

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
It’s about the principle okay!

....she wouldn’t have sex with him

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

Krispy Wafer posted:

He'd probably have to make a new verbal agreement every time he tipped her for that flimsy rationale to hold up. "Don't forget! We split the winnings! Come on, I need you to say yes in front of these witnesses! Cool, see you next week."

Now I want to know how much this is. 3 months salary...so $10k if she's a decent bartender? Yeah, let's go to court on the weakest of arguments for $5k pretax.

I'm willing to bet there's established case law (I recall there's a few cases about lottery pools at workplaces), he can get a lawyer on commission as long as the case remains trivial (file a form for small claims, appear for 2hrs, settle, bingo bango easy $1k), and he's hoping that she'll just cave and pay for him to go away. In that case it costs him nothing but time, and if he's tipping with scratch offs I bet he has plenty of that.

19 o'clock
Sep 9, 2004

Excelsior!!!
IIRC, any agreement governing a matter over $500 needs to be in writing to be enforceable.

Platystemon
Feb 13, 2012

BREADS

Alan Smithee posted:

Pretty much yeah. Half were deleted cuz r legaladvice is insanely moderated

by cops.

Mantle
May 15, 2004

19 o'clock posted:

IIRC, any agreement governing a matter over $500 needs to be in writing to be enforceable.

Recall from which source? Which jurisdiction?

The Leck
Feb 27, 2001

I've been running a little low on drinks lately, and the whiskey discussion of a few weeks ago caught my eye. It took some time and visiting a bunch of stores, but I now have some Mellow Corn and Evan Williams Bottled in Bond, thanks to this thread. I suspect they will be GWM if they're even close to decent, considering the prices and my unsophisticated palate.

19 o'clock
Sep 9, 2004

Excelsior!!!

Mantle posted:

Recall from which source? Which jurisdiction?

Just my business law courses in college. I just looked it up and it seems to be for goods sold over $500.

As an aside: I’m glad I’m not a lawyer and so should you.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

19 o'clock posted:

Just my business law courses in college. I just looked it up and it seems to be for goods sold over $500.

As an aside: I’m glad I’m not a lawyer and so should you.

That's super jurisdiction dependent, otherwise contracts wouldn't need Agreement Entire clauses.

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...

19 o'clock posted:

Just my business law courses in college. I just looked it up and it seems to be for goods sold over $500.

As an aside: I’m glad I’m not a lawyer and so should you.

Same

Imagine having to give out free consultations like a bowl of jolly ranchers and mini Reese’s to guys like lottery printer man

Works on contingency? No, Money down!

kw0134
Apr 19, 2003

I buy feet pics🍆

Re: over $500 is the Statute of Frauds, which is in effect in some form anywhere that uses English common law as a basis for its legal system. That's not applicable here, but its validity is so basic that it's part of the multistate bar examination. Incorporation clauses are to avoid misunderstandings about specific terms or conditions, but the main body of the agreement is likely going to be required to be on paper regardless.

In the event, there's no case here. If they were left as tips, then guess what buddy!? You were paying her in literal lottery tickets; the point of being paid is that you give exchange something, free and clear, for services rendered already. By definition giving her tickets is to transfer the risk and the rewards. In any other situation this would be wage theft, so be happy you get to legally stiff your server all those other times and get lost.

SpelledBackwards
Jan 7, 2001

I found this image on the Internet, perhaps you've heard of it? It's been around for a while I hear.

There was a Nicolas Cage movie along these lines called It Could Happen To You, and I hope it gets cited if this case goes to court.

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
I remember the commercial for that

He explicitly says he will split it with her and I’m assuming he held onto the ticket

Ixian
Oct 9, 2001

Many machines on Ix....new machines
Pillbug

Alan Smithee posted:

I remember the commercial for that

He explicitly says he will split it with her and I’m assuming he held onto the ticket


The movie was based on a real-life incident that is also GWM and GWL: when they interviewed the real people 15 years later they were both happy, still friends, and neither appeared to have blown the money.

Nocheez
Sep 5, 2000

Can you spare a little cheddar?
Nap Ghost
This thread could use the story of Jack Whitaker. Ultimate BWM, BWL. Already rich, and the largest lotto (over 300m at the time) absolutely wrecked everything around him, ultimately costing him both his daughter and granddaughter.

Midjack
Dec 24, 2007



Nocheez posted:

This thread could use the story of Jack Whitaker. Ultimate BWM, BWL. Already rich, and the largest lotto (over 300m at the time) absolutely wrecked everything around him, ultimately costing him both his daughter and granddaughter.

WestVirginia.txt

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
A bunch of it got stolen from his car parked at a strip club which is the ultimate bwm.txt

Hyrax Attack!
Jan 13, 2009

We demand to be taken seriously

KYOON GRIFFEY JR posted:

The bow isn't an option, you actually borrow the bow from the dealer and put a deposit on it if the dealer has one. (they cost a couple hundred bucks to the dealer, they're not cheap) If you're buying a LX570 or a LS460, many dealers will loan you the bow for (last I checked) $500 deposit. poo poo, if I were buying a LX570 I would do it just for fun.

going outside and riding a bike in boston is a hazardous undertaking for a significant portion of the year

When Santa Brings a Car, They’ll Need a Bigger Tree

quote:

Yes, there are people who give a car worth $60,000, $80,000 or more to someone special during the holidays, even rushing into a dealership on Christmas Eve. So many people give costly cars as presents that gift sales can make up 10 percent or more of December sales for luxury auto dealers, brand representatives and dealers say.

Also, yes: Those gigantic car bows are real, and they’re a crucial factor in making the sale.

quote:

Belay that Grinch-like sentiment for a moment and return to Park Place Lexus in Texas. There, less than 10 days before Christmas, Mr. Brunner was awaiting a buyer who is having a friend make his down payment.
“He knows his wife will spot it if he writes a check or puts it on his credit card,” he said. “We’re delivering that one during dinner on Christmas Eve.”

Yes, that happens, too. Mr. Brunner has sales representatives waiting to sneak cars into driveways during the wee hours of Christmas Day. “I’ve done a few deliveries at 4 in the morning,” he said.

“We had one salesman get a top hat and tuxedo, then rang the doorbell and presented the key with the car sitting out in front of the house,” he said. “However creative the purchaser wants to be, we’ll play along. It’s fun for us, too.”

quote:

But it’s the bow that matters to the point that, some dealers say, no bow can mean no sale.

“The bow is a huge deal. That’s everything,” said Mr. Brunner of Park Place Lexus. “I wouldn’t say the car is secondary, but if you don’t have a bow — really?”

quote:

Most gift cars are given by men to wives, girlfriends or children, but there are exceptions.

“I was working two full-time jobs and thought, ‘If not now, when?’” said Lori Perkins, a New Yorker who’s the publisher of Riverdale Avenue Books and Romance Daily News. Ms. Perkins picked up a brand-new red Volkswagen Beetle in 2011. “I decided to buy myself a new car for Christmas because I’d grown up watching the Christmas car ads.”

She insisted on a bow. “I made the dealer take a picture and I sent it as a Christmas card to my close friends,” she said. “It made me very happy.”

The only downside, she said, sighing, was that the dealer made her return the bow. “I would really have liked to have driven my new car down the Henry Hudson Parkway with the bow,” she said.

https://www.nytimes.com/2018/12/21/business/holiday-car-sales-bow.html

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
The lacanian phantasy I guess

Motronic
Nov 6, 2009

Hyrax Attack! posted:

When Santa Brings a Car, They’ll Need a Bigger Tree

There is only one answer to this, and that's more :thermidor:

Edit:

quote:

Mr. Brunner was awaiting a buyer who is having a friend make his down payment.

lol, financing your "gift".

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
Bow With Money: still have 72 payments left on that bow!

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog
Bow With Motorcar: Need help financing my gift payments

Tomfoolery
Oct 8, 2004

There are (slightly) worse gifts than a car payment!

My boyfriend [32M] of 8 months tried to surprise me [30F] with a pet octopus. I freaked out at him, now he's not speaking to me.
https://rareddit.com/r/relationships/comments/7pc9qm/my_boyfriend_32m_of_8_months_tried_to_surprise_me/

quote:

I [30F] used to be a marine biologist who worked in an aquarium. But it's a very mentally, physically, and emotionally taxing job, and I burnt out after about five years. I work an office job now, which I like a lot better in about a million different ways. I sometimes miss taking care of the animals, but it was not worth all the other bullshit that came with it.

Cephalopods were my favorite animals to take care of, octopuses in particular.

My boyfriend [32F, dating for 8 months] was out of town visiting family for Christmas/New Years, but he came back on Thursday. We met that night at my apartment to exchange Christmas presents.

My present was big. When I unwrapped it, I was shocked. It was a fish tank. 50 gallons, apparently. Along with a couple hang-on-back filters, a heater, a light to go on top, two bags of sea salt, and some kitschy tank decorations. And that's it.

Then my boyfriend exclaimed, “Surprise! I got you an octopus!" I asked him what he meant, and he explained to me that he bought me an octopus as a Christmas present, and it was being express shipped overnight to my apartment!

As soon as he told me, I started to panic. I literally stood there going like, "I -- I -- I --" like I was a loving cartoon character. My boyfriend then said something like, "We better hurry up and put this tank together!" like it's a TV stand from IKEA and he ordered me a new flatscreen or something.

I just started rambling. I don't have any RO water, there's no protein skimmer, these filters aren't big enough, I don't have space for a tank this big, where are we going to mix fifty gallons of saltwater, the tank isn't cycled!! The tank isn't cycled!! That octopus is going to die once we put it in this tank!

I told him that he needs to cancel the order. He needs to call whoever he bought that octopus from and cancel it. My boyfriend said that he can't, he got confirmation that they already shipped it out.

At this point, I was starting to get hysterical. Someone needs to be at my place to pick up the package, it'll freeze outside if the delivery guy just leaves it by my front door! I don't have any food to feed the octopus! THE TANK ISN'T CYCLED!

My boyfriend was trying to calm me down, and I kept yelling at him, "What are we going to do? What are we going to do when it gets here?" And he said something like, "I dunno, I thought you'd be able to figure it out?"

I had to really dig deep inside myself to find that part of me that would keep me level headed in similar scary, time-sensitive situations from back in my aquarium days. My boyfriend just stood there awkwardly while I wracked my brain.

I suddenly realized I could take it to our local aquarium where I used to volunteer, way back when I was first trying be an aquarist. Most everyone I volunteered for was gone, but I still knew two people who worked there.

Neither phone number I still had in my cellphone for those two people worked anymore, but I was still friends with them on Facebook, so I PM'd both of them and prayed. My boyfriend was still standing around awkwardly, and I told him that if he wanted to leave, he could. So he did.

Fortunately, one of the aquarists I used to volunteer for (he’s the curator now!) responded within about an hour, and I explained the whole situation to him and asked if they could take the octopus. He said he wasn't sure, but to bring the octopus to the aquarium tomorrow after it shows up anyway. Worst case scenario, we might be able to move it into a new bag with clean water, throw in some new hand warmers, and overnight it back to where it came from.

I called into work and explained the whole situation to my boss and why I needed to stay home the next day, and because I am so very lucky, she was understandable and let me take Friday off.

Anyway! Long story short, the octopus showed up in the afternoon. I raced to the aquarium, met up with the other aquarist I used to volunteer for (the curator was in a meeting) and thank God, he said they had some space in quarantine for an octopus. So we open up the shipping box and pull out a bag with this...this utterly loving adorable little octopus. He was probably only a foot long arm tip to arm tip, he was all white with big eyes (probably because the poor thing was scared out of his mind). Not gonna lie, for a second there I was like, “...maybe I could get that tank up and running and then come back to get him” -- but that is not realistically feasible for me right now.

Then we passed him off to the quarantine team, and I apologized a bunch, and said thank you a bunch, and then went home and took a serious nap because I did not sleep well the night before.

So all this went down on Friday. It is now Tuesday. I have not heard from my boyfriend since Friday afternoon, when I texted him what I had done. He just texted back, “OK, that’s good to hear.” On Saturday, I tried calling him a couple times, but my phone calls just went straight to voicemail. I texted him again, this time apologizing for freaking out and yelling at him, but also adding that hey, you get why I was kinda justified in doing so, right? (Whiiiiich maybe wasn’t the best way to apologize :/) I don’t feel like I overreacted (or did I?) and I wasn’t necessarily mad about getting the octopus as a gift, just...scared? If we didn’t get it out of the water it was shipped in and into a cycled tank, it would die in a couple hours and that was a huge reason I left aquarium work. I couldn’t handle when animals would die. It would gently caress me up for days...I guess in some ways, it’s still kind of loving me up, a little bit.

So what do I do now?

tl;dr: Boyfriend tried to surprise me with a pet octopus! Which I immediately turned over to proper caretakers because I am in no position to take care of one! And now my boyfriend isn't talking to me. I don't know what to do here?

EDIT: OMG this exploded. I gotta go to bed, y'all, but thanks for all the great advice and the, uh, gold, apparently? I probably won't have much time to respond to comments tomorrow, but I'll definitely be back with an update!

I just can't get over "Then my boyfriend exclaimed, 'Surprise! I got you an octopus!'"

Lead out in cuffs
Sep 18, 2012

"That's right. We've evolved."

"I can see that. Cool mutations."




Hyrax Attack! posted:

quote:

“I decided to buy myself a new car for Christmas because I’d grown up watching the Christmas car ads.”

I am so loving glad I stopped watching broadcast TV about 15 years ago.

Enos Cabell
Nov 3, 2004


Tomfoolery posted:

There are (slightly) worse gifts than a car payment!

My boyfriend [32M] of 8 months tried to surprise me [30F] with a pet octopus. I freaked out at him, now he's not speaking to me.
https://rareddit.com/r/relationships/comments/7pc9qm/my_boyfriend_32m_of_8_months_tried_to_surprise_me/


I just can't get over "Then my boyfriend exclaimed, 'Surprise! I got you an octopus!'"

Holy poo poo! I've legit had nightmares about scenarios almost identical to that. Gonna steal this and post to the aquarium thread in PI.

Slow News Day
Jul 4, 2007

Tomfoolery posted:

'Surprise! I got you an octopus!'"

Ok, this HAS to become the new thread title

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog
Tax implications of an 8 digit gift?

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
This is what happens when you mansgift to a woman

therobit
Aug 19, 2008

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

GoGoGadgetChris posted:

Tax implications of an 8 digit gift?

OMFG

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...
The real reason her boyfriend is acting weird: the octopus killed him and assumed his identity

Sirotan
Oct 17, 2006

Sirotan is a seal.


Giving an animal as a surprise gift is an incredibly lovely thing to do. Whether it's a puppy, bunny, or....octopus. Maybe not BWM but definitely BWAL (bad with animal's lives).

silvergoose
Mar 18, 2006

IT IS SAID THE TEARS OF THE BWEENIX CAN HEAL ALL WOUNDS




GoGoGadgetChris posted:

Tax implications of an 8 digit gift?

Still can't believe your posts are this good

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...

Sirotan posted:

Giving an animal as a surprise gift is an incredibly lovely thing to do. Whether it's a puppy, bunny, or....octopus. Maybe not BWM but definitely BWAL (bad with animal's lives).

What if it’s a horse

And you put a car bow on it

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Residency Evil
Jul 28, 2003

4/5 godo... Schumi

GoGoGadgetChris posted:

Tax implications of an 8 digit gift?

How does it feel to realize you've peaked? Jesus Christ that's good.

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