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euphronius
Feb 18, 2009

If you prepare your skull ahead of time you can be sure it works out.

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mercenarynuker
Sep 10, 2008

blarzgh posted:

Conditional bequests are not super-strictly enforced; they can't be illegal, unreasonable, or against public policy.

Additionally, the issue with the bequest in this case is, "My Whole Family has to paint the skull" so if you made your bequest conditional on the skull painting, the whole family could get together and just ignore the will and divvy the poo poo up however they want, or all agree not to enforce that condition.

A will is a document that gives beneficiaries the right to sue to enforce the distribution of assets in a certain way. Families can just Not Probate the Will if they want and agree.

So if you put every potential beneficiary under the will in the same boat, they can all decide to paddle in the same direction: away from Skull Island.

So you're saying to have one party get 55% if the skull IS painted, and the other party to get 55% if the skull ISN'T painted, then

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

mercenarynuker posted:

So you're saying to have one party get 55% if the skull IS painted, and the other party to get 55% if the skull ISN'T painted, then

Exactly, I'll send you a bill for my time.

Except that doesn't work either, because then you have both parties in front of the judge, fighting over whether to paint your skull, and you're at the mercy of the Court then, to declare the provision "reasonable". Not a strong proposition!

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Hey, looks like I was right: the Mortician says, I ain't doin that poo poo!"

Nice piece of fish
Jan 29, 2008

Ultra Carp

pseudanonymous posted:

Couldn't you like set aside some money and hire an attorney and try to constantly compel your heirs to take your skull, I mean like literally haunt people.

This is the loving greatest thing ever and I'm suggesting this service to every lawyer I know.

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
Setting aside millions of dollars to pay low income high school grads to carry your skull around the world for a year in exchange for full ride scholarship. It's exploitation, but the kind of not completely bad kind.

Alchenar
Apr 9, 2008

You establish a trust who's charitable purpose is to educate people. About your skull.

Leviathan Song
Sep 8, 2010
If you want to seriously talk to someone about having your skull defleshed and preserved, Skullsunlimited.com definitely does it for a price. They could probably advise you on whether it's really feasible with where you live. Also, if you're ever driving through Oklahoma their museum is legitimately cool.

Alchenar
Apr 9, 2008

What you do is get a builder to construct an elaborate locking mechanism for your house so that the reinforced front door will only open if an object the exact weight of your embalmed skull is placed on a pressure pad next to it.

a mysterious cloak
Apr 5, 2003

Leave me alone, dad, I'm with my friends!


blarzgh posted:

I'm pretty sure, yeah. You could write it in your will, and pre-arrange for such a transaction with the mortuary that you intend to go to, but

1) If your family refuses to partake in this ritual, you cannot legally compel them from beyond the grave.
2) If the mortuary refuses to accept the transaction, there is nothing you can do to legally compel them.

I don't think it would fall under the "mutilation of a corpse" statute (criminal) since that requires a lack of legal authority.

Hah, no I wouldn't force my skull on anyone after I croak. Being stuck with me alive is probably punishment enough.

And I love every single answer so far. I may go hybrid with pre-paying a lawyer before I croak/he haunts my family with the skull until they paint it and unlock the skull-weight-locked door.

Leviathan Song posted:

If you want to seriously talk to someone about having your skull defleshed and preserved, Skullsunlimited.com definitely does it for a price. They could probably advise you on whether it's really feasible with where you live. Also, if you're ever driving through Oklahoma their museum is legitimately cool.

Oh, that's pretty cool!

a mysterious cloak fucked around with this message at 22:32 on Nov 4, 2020

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
The correct answer is 'skull encased in bowling ball'

Volmarias
Dec 31, 2002

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

Alchenar posted:

What you do is get a builder to construct an elaborate locking mechanism for your house so that the reinforced front door will only open if an object the exact weight of your embalmed skull is placed on a pressure pad next to it.

Strong indiana jones vibes here

PRADA SLUT
Mar 14, 2006

Inexperienced,
heartless,
but even so
I live in Washington state, and have a lease for an apartment I've been living at for the past six months (lease term is 15 months). I signed the lease digitally through their online system.

Recently, my apartment emailed me saying that all leases over one year need notarization, and they want me to sign my lease again with their notary present, citing RCW 59.18.210 and RCW 59.04.101

quote:

RCW 59.04.010

Tenancies from year to year abolished except under written contract.

Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals.

quote:

RCW 59.18.210

Tenancies from year to year except under written contract.

Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals.
[ 1973 1st ex.s. c 207 § 21.]

According to some website:

quote:

Does a Lease Need to be Notarized?
by Travis Eller|Published March 8, 2009
Generally, no.

But, both residential and non-residential leases must be notarized and contain a legal description if the term exceeds a year.[1]

In general an unacknowledged lease for a term exceeding one year is effective only as an oral lease and results in a tenancy from month to month.[2] Courts may under the doctrine of part performance enforce a lease that does not satisfy the statute of frauds if equity and justice so require.[3]

It should be noted that the statute of frauds (a legal rule requiring certain contract to be written) affects only the validity of the lease term. It does not “void” the lease, or prevent a tenant from being evicted for non-payment of rent or failure to comply with other lease provisions.

First, am I forced to sign this somehow? What is the implication of signing or not signing it? Does the fact I've been living here for the past six months have any bearing on this? Or is this just a bureaucratic gently caress-up on their part and I have no real say in the matter?

e: there's no issues (financial, or otherwise) with me or the apartment

BonerGhost
Mar 9, 2007

Not a lawyer and not legal advice but is it in your interests to have a 15 month lease (i.e. can you actually terminate it early if you need to relocate vs being on the hook if they can't find another tenant, etc)? Because if not it sounds like the perfect opportunity to convert to a one year term to me.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

blarzgh posted:

Hey, looks like I was right: the Mortician says, I ain't doin that poo poo!"

I think the royal theater Shakespeare company uses a legit skull of a former actor for their reproductions of Hamlet

pentyne
Nov 7, 2012

pseudanonymous posted:

I think the royal theater Shakespeare company uses a legit skull of a former actor for their reproductions of Hamlet

https://en.wikipedia.org/wiki/Andr%C3%A9_Tchaikowsky#Skull

They used it once without letting the public know it was real until after the play, then said they stopped using it but kept using it secretly for the whole production.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

a mysterious cloak posted:


Oh, that's pretty cool!

I advise you to go.



Platystemon
Feb 13, 2012

BREADS

Alchenar posted:

What you do is get a builder to construct an elaborate locking mechanism for your house so that the reinforced front door will only open if an object the exact weight of your embalmed skull is placed on a pressure pad next to it.

Suspend the top half of an hour glass over a plate and wait for it to hit the magic number.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

PRADA SLUT posted:

I live in Washington state...
First, am I forced to sign this somehow? What is the implication of signing or not signing it? Does the fact I've been living here for the past six months have any bearing on this? Or is this just a bureaucratic gently caress-up on their part and I have no real say in the matter?


sorry, too specific - we'd be giving you legal advice.

BonerGhost
Mar 9, 2007

joat mon posted:

I advise you to go.





Is the last one a muntjac?

How Wonderful!
Jul 18, 2006


I only have excellent ideas
This may be more of a general bureaucracy question but it's been keeping me up at night so I figured I may as well ask. I'm a trans woman living in Philadelphia and finally started the process of legally changing my name this summer. In PA this involves, under normal circumstances, submitting fingerprints, my birth certificate, publishing notices in two papers, obtaining two judgment searches, and attending a hearing. Several of these have a particular window in which you can do them-- the notices are supposed to be no earlier than a month before the scheduled hearing, and the judgment searches have a similar window.

My hearing was scheduled for October 30th and I had both hearings run in the first week of October, thinking that would be one less thing on my plate. Shortly after that I got in touch with the guy whose number was listed as the go-to contact on the petition paperwork, and he informed me that due to COVID and a desire to not have people cramming into the courts all day, most name-change hearings were waived, a judge would just look at the materials and either sign off on them or not, and one usually wasn't required to attend a hearing or even speak to the judge unless the judgment searches turned up something fishy. He also said that we could go ahead and waive one of the judgment searches and just pay for the other with a money-order to the court, which I took care of the same day.

My last contact with anyone involving this process was the 28th, when I just checked in to make sure that all of the required documents had gotten into the right hands safely. Philly's mail delivery has been kind of slow and tricky and I was worried that the parcel had been misplaced or delayed. I got confirmation that everything I'd sent was on hand and in order, and that the judgment search was in the process of being obtained, with the assurance that it would be picked up on the 29th. The whole suite of documents would then be on the judge's desk on the morning of the 30th and presumably put on the docket on the following Monday. I was told that from there they'd simply mail the new documents back to me and I could go ahead using those to update my driver's license, passport, etc..

I had done a bunch of independent looking around as well and got the impression that it truly is pretty hands off in the midst of COVID. However, I did read that in general the judge or some other court employee typically e-mails you when the paperwork is signed off on but before you receive your new documents just so, you know, you can be aware of what your name is. I have not received any such e-mail and it's now a week out from my original scheduled hearing. I'm beginning to get kind of paranoid that something is wrong and I'm wondering if I'm just getting into my own head too much.

My thoughts are basically:
1) Obviously the Philly courts have presumably had bigger things to worry about this week than this stuff and I should be patient.
2) The mail is slow and, again, Philly USPS workers surely have more important things to be worried about.
3) If the judgment search did turn up something amiss, or if the guy I'd spoken to was incorrect about only needing the one, would I have been contacted or would the petition have just been tossed?
4) I've read of judges in some jurisdictions simply dismissing name-change petitions when obviously trans-related. I don't expect that this is the case in Philly but I have had no luck trying to confirm one way or the other.

Am I just getting worked up over nothing? Should I just be patient? Should I call back and check in on Monday or am I just being a nuisance at that point?

Edit: I've searched my case number and my name (old and new) on the court's website and nothing turned up. However there's a big disclaimer right at the top of the page that says recent dockets might not be searchable. I imagine a week is still pretty recent.

How Wonderful! fucked around with this message at 09:29 on Nov 7, 2020

Organza Quiz
Nov 7, 2009


If it were me I'd 1000% call and check. I would have called the day after it was supposed to happen, you don't want your various checks to get too old. You're not being a pain checking up on something you were told would happen, you're only a pain if you start checking in every day or something even when you've been told to wait.

FWIW I'm in a different country but courts here have been doing the same thing with performing small administrative tasks that would normally have a hearing without one, that sounds like a very reasonable thing to be happening. I'd just be worried about them not getting around to it until your stuff's expired and you have to start all over again.

SerthVarnee
Mar 13, 2011

It has been two zero days since last incident.
Big Super Slapstick Hunk
If there is a place that updates the regular number of cases seen and processed it might be worth checking that out too.
Mainly to see whether you are one out of 60.000 delayed cases or if you are one out of 15 delayed cases.

I've no clue if such a database exists or if it would be publicly available, but it could help giving you a picture of the general state of things and help you gain an insight into the current stress levels of the person you would be calling for an update.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

BonerGhost posted:

Is the last one a muntjac?

Yep!

Arcturas
Mar 30, 2011

I’d recommend calling the clerk on Monday, about half an hour after business hours start. Be polite and understanding, have your points worked out beforehand so you can remember them, but your goal on the call is to get a status update and remind the clerk it’s on their/the judge’s desk. Something along the lines of: 1) I submitted a thing on X date, 2) I spoke to someone on Y date, they told me Z, 3) it’s been a week since I was expecting a thing, and 4) can you give me an update or any insight into possible timing? Because 5) I’m worried about Z (background check expiring, check not clearing, whatever).

To help reassure you, most of the time if you have to submit a document within a certain time of a motion, that is satisfied even if the hearing or judgment gets kicked down the road. Slightly different here if the statute talks specifically about the hearing rather than the name change petition, but it sounds like the judges are working around that.

Also, please try to put the delay into perspective. A name change, for you, is tremendously important and a big part of your life and journey, and scary because there are assholes out there and there’s uncertainty. But for a clerk/judge, it’s just one for two hundred things that come across their desk every day, not a terribly important item, and not one that feels like there is any particular urgency attached. That’s not to diminish it’s importance to you, only to say that there’s little in the name change request that makes it stand out to them, and they have lots of stuff going on.

Plus, in the ordinary legal field, a week delay is basically nothing. If a judge does something within a month of when I expect it, other than in a case involving a temporary restraining order, preliminary injunction, child custody, family law, or criminal proceedings, I’m thrilled. For comparison, I have some motions briefed from June that haven’t even had a hearing, let alone a ruling. I got a ruling last month about a year after we filed the motions. Name changes are different because they’re more administrative and supposed to be quick and there’s a timeline, but if the courts are busy and they’ve started waiving hearings, a week or two delay might be totally normal. Frustrating, but not anything targeted at you or the type of petition.

But you’ll get much more information by checking with the clerk and seeing. (I would also follow up every two or three days, politely, but just to remind them. Tone it down if they get pissed, obviously. You want the clerk to be your friend.)

How Wonderful!
Jul 18, 2006


I only have excellent ideas

Arcturas posted:

I’d recommend calling the clerk on Monday, about half an hour after business hours start. Be polite and understanding, have your points worked out beforehand so you can remember them, but your goal on the call is to get a status update and remind the clerk it’s on their/the judge’s desk. Something along the lines of: 1) I submitted a thing on X date, 2) I spoke to someone on Y date, they told me Z, 3) it’s been a week since I was expecting a thing, and 4) can you give me an update or any insight into possible timing? Because 5) I’m worried about Z (background check expiring, check not clearing, whatever).

To help reassure you, most of the time if you have to submit a document within a certain time of a motion, that is satisfied even if the hearing or judgment gets kicked down the road. Slightly different here if the statute talks specifically about the hearing rather than the name change petition, but it sounds like the judges are working around that.

Also, please try to put the delay into perspective. A name change, for you, is tremendously important and a big part of your life and journey, and scary because there are assholes out there and there’s uncertainty. But for a clerk/judge, it’s just one for two hundred things that come across their desk every day, not a terribly important item, and not one that feels like there is any particular urgency attached. That’s not to diminish it’s importance to you, only to say that there’s little in the name change request that makes it stand out to them, and they have lots of stuff going on.

Plus, in the ordinary legal field, a week delay is basically nothing. If a judge does something within a month of when I expect it, other than in a case involving a temporary restraining order, preliminary injunction, child custody, family law, or criminal proceedings, I’m thrilled. For comparison, I have some motions briefed from June that haven’t even had a hearing, let alone a ruling. I got a ruling last month about a year after we filed the motions. Name changes are different because they’re more administrative and supposed to be quick and there’s a timeline, but if the courts are busy and they’ve started waiving hearings, a week or two delay might be totally normal. Frustrating, but not anything targeted at you or the type of petition.

But you’ll get much more information by checking with the clerk and seeing. (I would also follow up every two or three days, politely, but just to remind them. Tone it down if they get pissed, obviously. You want the clerk to be your friend.)

This all makes a ton of sense, thank you. A lot of this was basically what I was thinking beneath the layer of anxiety, especially vis a vis the courts being busy and occupied with much more pressing and large scale business.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Every Court is slammed right now with the Rona loving up all their dockets, don't even worry about it.

How Wonderful!
Jul 18, 2006


I only have excellent ideas
I got the notification and digital copies of all the paperwork today, it just took them until yesterday to sign and send out everything. Everything went through ok and I just have to wait for the physical forms to arrive to start changing my driver's license and everything else, so I'm right where I want to be! Thank you for your very prudent advice.

Bad Munki
Nov 4, 2008

We're all mad here.


Nice.

Another success story for the free legal advice thread

Arcturas
Mar 30, 2011

I'm glad to hear it.

owlhawk911
Nov 8, 2019

come chill with me, in byob

Bad Munki posted:

Nice.

Another success story for the free legal advice thread

*not actually legal advice

Chainclaw
Feb 14, 2009

What kind of lawyer or legal service would I need for someone who's having a conflict with other owners of a startup? Ideally someone who can sit in with a meeting to make sure stakes are protected. The startup is exactly in the state you would expect, zero funds right now, so it's all theoretical money. Mostly looking for something to help narrow down the search results on yelp for legal services.

Arcturas
Mar 30, 2011

Chainclaw posted:

What kind of lawyer or legal service would I need for someone who's having a conflict with other owners of a startup? Ideally someone who can sit in with a meeting to make sure stakes are protected. The startup is exactly in the state you would expect, zero funds right now, so it's all theoretical money. Mostly looking for something to help narrow down the search results on yelp for legal services.

Depends how far into conflict you are, but most any business & transactions lawyer would be able to help if things are still salvageable. If it's a complete fight and the only way out is suing, you probably want a litigator. Again, any litigator who does commercial disputes can help. The real problem is there's no money, so no lawyers' going to want to touch this mess.

Chainclaw
Feb 14, 2009

Arcturas posted:

Depends how far into conflict you are, but most any business & transactions lawyer would be able to help if things are still salvageable. If it's a complete fight and the only way out is suing, you probably want a litigator. Again, any litigator who does commercial disputes can help. The real problem is there's no money, so no lawyers' going to want to touch this mess.

In this case the person was fired from the startup, but has a big percentage stake. They don't particularly expect it to be successful now, but they want to make sure they protect that stake in the small chance the business takes off. I doubt they would want to stay employed, I imagine the relationships aren't salvageable at this point. The goal is just to protect that stake.

So we want to look up business and transaction lawyers, and not employment lawyers?

Money side they are probably willing to pay to protect themselves, but we have no idea what that would actually cost. Hundreds of dollars are probably affordable. Thousands probably not.

Arcturas
Mar 30, 2011

Chainclaw posted:

In this case the person was fired from the startup, but has a big percentage stake. They don't particularly expect it to be successful now, but they want to make sure they protect that stake in the small chance the business takes off. I doubt they would want to stay employed, I imagine the relationships aren't salvageable at this point. The goal is just to protect that stake.

So we want to look up business and transaction lawyers, and not employment lawyers?

Money side they are probably willing to pay to protect themselves, but we have no idea what that would actually cost. Hundreds of dollars are probably affordable. Thousands probably not.

Any employment lawyer would be fine too, I'd look for a 10-30 person firm that has one employment lawyer.

Lawyer charge by the hour and, in California, I'd expect rates of between $200/hr at $400/hr depending on experience and region. So if you want someone to help you negotiate an exit or ensure your interests are protected, you'd be looking at a few thousand as a minimum. You can probably get a free consult of half an hour to an hour to explain general principles. You might be able to get someone to sit in on a single meeting for five hundred. (emphasis on probably not)

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.

Chainclaw posted:

In this case the person was fired from the startup, but has a big percentage stake. They don't particularly expect it to be successful now, but they want to make sure they protect that stake in the small chance the business takes off. I doubt they would want to stay employed, I imagine the relationships aren't salvageable at this point. The goal is just to protect that stake.

So we want to look up business and transaction lawyers, and not employment lawyers?

Money side they are probably willing to pay to protect themselves, but we have no idea what that would actually cost. Hundreds of dollars are probably affordable. Thousands probably not.

$10k retainer, maybe $5k if I was sure you had money

mercenarynuker
Sep 10, 2008

Question regarding DEAD PEOPLE VOTING, jurisdiction whatever

If someone submitted an absentee ballot in, say, mid October, and then died before election day, is that ballot still valid? Does that determination change if they early voted in-person? What, generally, is the cut off for "nope, you been dead too long." I assume it would be if you died before absentee ballots get sent out, but maybe I'm wrong

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


mercenarynuker posted:

Question regarding DEAD PEOPLE VOTING, jurisdiction whatever

If someone submitted an absentee ballot in, say, mid October, and then died before election day, is that ballot still valid? Does that determination change if they early voted in-person? What, generally, is the cut off for "nope, you been dead too long." I assume it would be if you died before absentee ballots get sent out, but maybe I'm wrong

The general rule is that no, if you die before the election day your vote doesn't count. That said, I'm unaware of any jurisdiction that has their electoral board actively cross-reference the obituaries or call the local morgue as a step in verifying absentee ballots.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

JohnCompany posted:

The general rule is that no, if you die before the election day your vote doesn't count. That said, I'm unaware of any jurisdiction that has their electoral board actively cross-reference the obituaries or call the local morgue as a step in verifying absentee ballots.

Please do not give the GOP this idea.

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Arcturas
Mar 30, 2011

EwokEntourage posted:

$10k retainer, maybe $5k if I was sure you had money

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