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If you can set up guaranteed like 10k a month income through investments then yeah 10k a month of current money. So it would need to go up 5% a year probably on top of that
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Jul 9, 2021 17:29
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A lot of them have you drop some lump sum to get in the door (say, 500k) but in theory, it will go back to you/your estate when you "leave"
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Jul 9, 2021 17:34
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spacetoaster posted:Just out of curiosity, there's no way this would ever happen in a real court? I actually kind of did this once. A couple years ago a guy walks in who is a former client of the firm, and says the sheriff is calling him about a judgment. He doesn't know anything about a judgment, so I have him come in and sit down and we go over it and it turned out that a couple weeks earlier someone had taken a default judgment against him. He swore up and down that he'd never gotten served and he had no idea there was a lawsuit. So we file a motion for new trial, and we have to show at the hearing that he wasn't served. I start digging through the details and his calendar, and talking to his employees at their location in one city, and checking on their records at their location in a different city about 30 minutes away. Come the day of the hearing, I call the plaintiff's process server as my first witness which confuses the plaintiff and the court. I start off by asking him what he does and what he was given, and what he was doing on the day of the service. Then I asked him, "and where were you at 2:00 on X day" "I was at the defendant's business, where I served him papers." "Okay, and what did you find when you arrived at the business?" "Well, they were having some sort of prayer group and so I looked in through the glass door and kind of knocked real lightly, and Mr client answered the door and in a low voice asked what I needed, and I asked are you Mr client? He said yes, so I handed in the papers and said you've been served, and he went back inside to their little prayer meeting." So I said, "okay, do you recognize Mr client here in the courtroom today? The man that answered the door and took your papers?" "Yes I do." "And can you point him out for the court?" "He's that guy right there in the first row right behind you." So then I said, "Will the court reporter please let the record reflect that the witness has pointed to the grandson of my client, the defendant, whose last name sounds very similar to, but is not the same as the defendant. Furthermore Mr client, sitting far in the back will you please stand up and identify yourself as the defendant?" what had happened is that my client had been at the one location, and the process server had driven to the other location, and when I realized that the grandson who runs the other location has the same first name, and a very similar sounding, but not exactly the same last name, would likely have been the one to answer the door and if it was in the middle of a prayer meeting according to their calendars, then everybody would have been kind of like quiet and hush hush That's what it all clicked. So I made sure to sit the grandson in the first row of the seating area, but not up at the table with me like he did in the video. I also buried my actual client way back in the back, for dramatic effect. Motion Granted. So you're not really allowed to bring a non-party up to the table with you which is why specifically what happened in the video wouldn't happen, but yeah, it's possible to pull that bullshit.
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Jul 9, 2021 18:09
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spacetoaster posted:Just out of curiosity, there's no way this would ever happen in a real court? A friend of mine took over for another friend to handle a preliminary hearing for him at the last minute. The jailer brought in the client, who sat with my friend, and the robbery victim testified that the client was the one who robbed him. The DA asked that the record reflect that the witness correctly identified the defendant, Mr. Jones, as the person who robbed him. The client then jumped up and loudly informed the Judge that he was Mr. Smith, and not Mr. Jones. As it turned out, the jail brought over the wrong defendant, and my friend, who'd never seen the defendant before, didn't realize it was the wrong guy. If any of that had been intentional, my friend would have been in deep poo poo. The legalese of the deep poo poo is not showing candor to the tribunal.
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Jul 9, 2021 21:39
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euphronius posted:I thought the buyin included end of life hospital / hospice etc. my bad General consensus among folks I work with: Long term care insurance is a scam CCRCs (continuing care retirement communities) can be good, but usually have scaling monthly fees based on services (low in independent living, high in skilled nursing) on top of the large upfront purchase.
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Jul 9, 2021 22:36
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Zauper posted:General consensus among folks I work with: No I’m talking about facilities that have the resources on site for 65 year olds to death including hospice
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Jul 9, 2021 22:45
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evilweasel posted:
That one confused me too. I signed a quit claim deed when the LLC bought the one piece of property. I don't recall(i made copies of everything) signing anything else that would be transferring ownership of anything else, but then a property tax bill for 2020 showed in my mail box, addressed directly to me. Now, all public records show that I own the place now.
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Jul 9, 2021 22:54
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Bad Munki posted:A lot of them have you drop some lump sum to get in the door (say, 500k) but in theory, it will go back to you/your estate when you "leave" And many of them require you to buy in, but you only get a life estate.
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Jul 9, 2021 23:40
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Zauper posted:General consensus among folks I work with: Just curious if you could elaborate on this
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Jul 10, 2021 00:14
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In the USA you can “easily” have 6k a month or so through Social security and a pension (boomers only)(no divorcees need apply “) So you need a little more to be able to afford memory care / late life care for infinity
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Jul 10, 2021 00:22
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Nonexistence posted:Just curious if you could elaborate on this There are an infinite number of scams targeted at the elderly, and a huge proportion of them are clothed in the garb of "insurance product." It would be accurate to say "most insurance targeted at the elderly is a scam" or even "most financial products marketed to the elderly are scams." There are of course legitimate financial products including insurance products beneficial to the elderly, but it's a goddamn minefield, and alas many of the people who market themselves as helpers through those mindfields are, themselves, grifters. Often totally-legal grifters who are non-fiduciary "financial planners" whose jobs are actually to sell those loving scam products to old people.
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Jul 10, 2021 00:27
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Leperflesh posted:There are an infinite number of scams targeted at the elderly, and a huge proportion of them are clothed in the garb of "insurance product." It would be accurate to say "most insurance targeted at the elderly is a scam" or even "most financial products marketed to the elderly are scams." Ok but what about just LTC insurance you start paying premiums on mid life that just pays for LTC at a contractually negotiated rate until the policy runs out as an alternative to the no-plan default of "your life time of savings just goes to a LTC provider"
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Jul 10, 2021 00:38
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Nonexistence posted:Ok but what about just LTC insurance you start paying premiums on mid life that just pays for LTC at a contractually negotiated rate until the policy runs out as an alternative to the no-plan default of "your life time of savings just goes to a LTC provider" Increases in the cost of end-of-life care over the last several decades caught the insurance industry by surprise and they lost fucktons of money on policies written for the Silent generation. Consequently, they hacked away at the language of the policies you can buy today to the point where they either don't cover anything substantial or nobody ends up actually qualifying for the payout. You're better off investing the money and paying for your own LTC or relying on medicaid as a provider of last resort.
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Jul 10, 2021 02:19
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Biden signed an executive order that, among other things, is being reported to limit the use of non compete clauses. Allegedly by having the FTC involved in limiting their use somehow. Any comments from legal goons on how practical this is? Would this effect someone who's signed a contract currently with a non compete clause? Or is this kind of the more typical unenforceable mainly for show executive action that is done a lot? Here is a link to a ny times article about the executive order https://www.nytimes.com/2021/07/07/us/politics/biden-noncompete-clauses-workers.html
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Jul 10, 2021 18:35
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euphronius posted:No I’m talking about facilities that have the resources on site for 65 year olds to death including hospice Right, these are referred to as CCRCs ("continuing care retirement communities"), where you start out in independent living and can scale up from there as needed.
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Jul 10, 2021 19:06
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Nonexistence posted:Just curious if you could elaborate on this LTC insurance is garbage and doesn't cover costs. They don't have (appropriate) cost escalators written in so the $50/day in nursing home coverage is now 10% of the price by the time you need it. Maybe there are a (very very very) small number of policies that are appropriate these days? There wasn't when we worked on it about 7 years ago. Also those companies will probably be out of business by the time you need them. My boss at the time is one of the experts in long term care (been called to Congress several times to testify about financing/delivery of long term care, committees on aging etc etc) and still recommends not buying a policy and either managing money to allow for a spend down onto Medicaid or just paying out of pocket. The CLASS act (creating a federal LTC insurance program) was written into Obamacare because it was structured to be a saver. It was later determined not to proceed because lol it was obviously going to be a huge cost and there was no reasonable way to balance it. But you shouldn't buy LTC insurance. It is bad. The actuarial models for it are really, really rough and they haven't figured it out. AARP's policy is available for a 50 year old female for $89/month. This has a $3k monthly limit on what they will pay for (they note that average fulltime (40h) homecare is $50k/year, ALF is 57 and SNF is 100+. It also has a 9k deductible, 20% coinsurance, and the most it will cover is $100k as the lifetime max...so their monthly limit won't cover fulltime homecare today). And if you want protection against inflation, it's higher. It doesn't say how long until you're eligible for the benefit; usually 5+ years. Zauper fucked around with this message at 19:24 on Jul 10, 2021 |
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Jul 10, 2021 19:13
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Doctor Party posted:Biden signed an executive order that, among other things, is being reported to limit the use of non compete clauses. Allegedly by having the FTC involved in limiting their use somehow. As of right now it will have no effect; what it does is direct the FTC to consider rulemaking on non-compete clauses (presumably to rule them a method of unfair competition). The FTC will almost certainly do this, given who’s on it, but it’ll take at least 6 months, more likely a year or so, to go into effect. If it does it’d depend on specific wording but it could retroactively apply.
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Jul 10, 2021 19:46
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Zauper posted:Right, these are referred to as CCRCs ("continuing care retirement communities"), where you start out in independent living and can scale up from there as needed. How much do they cost usually now ?
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Jul 10, 2021 20:11
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Social security does a lot of work when you are old . Make sure you work a lot to qualify for the max benefit. Especially if you have divorces in your past as that can screw with survivor benefits
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Jul 10, 2021 20:16
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euphronius posted:How much do they cost usually now ? Depends on location. You buy a unit and then there are monthly fees on top. You're pretty much looking at a six figure buy-in, potentially scaling high 6 figures+. Then the monthly fees will vary based on contract type (level of service you're looking to have covered; in some cases they essentially use the buy in as a reverse mortgage)
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Jul 10, 2021 20:18
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euphronius posted:Social security does a lot of work when you are old . Make sure you work a lot to qualify for the max benefit. Especially if you have divorces in your past as that can screw with survivor benefits Can you elaborate on that? I do have a divorce in my past and every year for like the last 12 years earn the max credits for SS and am track to get max payout. Have two kids it’d ideally go to if anything were to happen.
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Jul 10, 2021 21:01
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Louisgod posted:Can you elaborate on that? I do have a divorce in my past and every year for like the last 12 years earn the max credits for SS and am track to get max payout. Have two kids it’d ideally go to if anything were to happen. A spouse with no earnings record can get survivors benefits when their earning partner dies. These are widow/widower benefits. This is good for example for women who never have a job with a paycheck (raising kids is a job) and thus have no social security on their own but they can get their husbands if he dies before her . (As an aside this is incredibly sexist and wrong but that’s how we do things ) Anyway you have to be married for a certain amount of time (10 years I think) to qualify for widow / widower benefits and if there are divorces and remarriages it goes sideways fast. I had a client who never earned anything and was screwed out of survivors benefits due to these shenanigans
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Jul 10, 2021 22:23
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Doctor Party posted:Biden signed an executive order that, among other things, is being reported to limit the use of non compete clauses. Allegedly by having the FTC involved in limiting their use somehow. I need this explained using a shopping cart analogy.
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Jul 10, 2021 22:57
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FrozenVent posted:I need this explained using a shopping cart analogy. The store has both Coca-cola and Pepsi, but if you buy Coke they won't let you get any Pepsi, and vice versa, for a year after your last soda purchase. Even if they've run out of Coke or Pepsi. This is a mandate from Corporate, sorry. The manager is trying to figure if there's a way to do this anyway, so they ask the vendor who handles the soda aisle if this is something Corporate will actually care about, or if this is something like "Credit card purchase prices and cash purchase prices must be the same" where yeah I guess but gas stations will still give you a markup to pay the CC fees. The last vendor has said that it's a mandate, but they were replaced so the new one might say "nah" instead. The soda goes into your shopping cart, and if you get sick of one brand and want another you're kind of stuck, but the soda companies really like this idea so lol gently caress us right.
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Jul 11, 2021 00:08
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euphronius posted:A spouse with no earnings record can get survivors benefits when their earning partner dies. These are widow/widower benefits. This is good for example for women who never have a job with a paycheck (raising kids is a job) and thus have no social security on their own but they can get their husbands if he dies before her . (As an aside this is incredibly sexist and wrong but that’s how we do things ) Ah got it, does common-law marriage come into play in these situations? I'm guessing the answer is "depends on the state" (Oregon doesn't have common-law marriage, for example) or if the clock begins day of marriage/civil union.
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Jul 11, 2021 01:09
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I don't think any states still have common law marriage. I believe sc was the last and it got abolished there about ten years back. You still.see some legacy cases.
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Jul 11, 2021 01:14
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Hieronymous Alloy posted:I don't think any states still have common law marriage. I believe sc was the last and it got abolished there about ten years back. You still.see some legacy cases. 5 or 6 still do, And Texas is for sure one of them
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Jul 11, 2021 01:24
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Louisgod posted:Ah got it, does common-law marriage come into play in these situations? I'm guessing the answer is "depends on the state" (Oregon doesn't have common-law marriage, for example) or if the clock begins day of marriage/civil union. Common law marriage never matters because it doesn’t mean what people think it means. You have to be holding yourself out as married - like, telling people you are married even though you are not. That does not come up a lot anymore.
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Jul 11, 2021 02:16
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evilweasel posted:Common law marriage never matters because it doesn’t mean what people think it means. You have to be holding yourself out as married - like, telling people you are married even though you are not. That does not come up a lot anymore. Oh it does just never among people who have money.
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Jul 11, 2021 02:24
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I actually litigated a common law marriage case and won . In 2008 I had good facts though
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Jul 11, 2021 02:44
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euphronius posted:I actually litigated a common law marriage case and won . In 2008 How much of that case rested on a Facebook status?
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Jul 11, 2021 03:26
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Atticus_1354 posted:How much of that case rested on a Facebook status? I've seen 2 common law marriage claims in the past 5 years that relied heavily on Facebook posts
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Jul 11, 2021 05:45
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Sounds like It's Complicated.
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Jul 11, 2021 17:01
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Volmarias posted:Sounds like It's Complicated. If "Complicated" is code for "White Trash AS gently caress" then yes.
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Jul 11, 2021 19:02
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blarzgh posted:I've seen 2 common law marriage claims in the past 5 years that relied heavily on Facebook posts I've seen local welfare agencies use Facebook as evidence for this kind of stuff. One of the most annoying admin law topics I dealt with regularly was household composition. Whether two roommates purchase and prepare together, whether a woman was homeless or living with her husband when they "separated after a big fight when we found out that our marriage would make us lose 20% of our income from ssdi". Also I'm pretty sure one couple rented an apartment to be eligible for childcare, but the agency couldn't prove it with "look at this mom posting about her kids."
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Jul 11, 2021 21:13
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Yes, I need to talk to a real lawyer. So, my mom is in a rehab center for back and neck surgery. (Back story, when she was in outpatient before going in for complications she was given opiates for pain, IDK the amount or what). On Friday she almost died and had to be given Narcan to revive her because of an overdose of opiates. She told me it was a build up in her brain and they just realized it that day and she had a CAT scan to finally found out what was wrong. I just got off the phone with her and am furious, more than yesterday when my brother told me about this. She is mentally scarred and was almost crying talking about how scared and bad it was. I told her we need to sue the gently caress out of them and was explaining why, she was crying then she had to go because they needed to 'check her blood pressure'. We got a case right, at least enough to call someone? They would be able to look into and get all medical records, presuming they didn't shred them, just depends what my mom wants to do, I'm am pissed at the rehab place, but also, more worried about the other poo poo going on there like a catheter incident, if she had a bunch of money she wouldn't be in this shithole, and she is retired from a government job, so I really don't know how it could be this bad for what I imagine it costs. Sorry for the rant, thanks for reading.
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Jul 12, 2021 01:06
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blarzgh posted:If "Complicated" is code for "White Trash AS gently caress" then yes. The joke is that it's a Facebook relationship status, or was once upon a time.  
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Jul 12, 2021 01:27
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Yeeeeeehawwwww https://www.rawstory.com/capitol-riot-2653744510/ quote:"But in what experts describe as an inadvisable legal strategy, Bauer has demanded to represent herself in court, appeared to threaten a court clerk with prison time, and declared herself a 'self-governed individual' with special legal privileges." I’m sure it’ll work great! for those of us watching from home
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Jul 12, 2021 01:54
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Bad Munki posted:Yeeeeeehawwwww Minor lede bury: quote:Capitol rioter who demanded Pelosi be turned over to be lynched cites Bible in court defense
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Jul 12, 2021 03:12
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In movies, or sometimes in real life in jest, people will say "no jury would convict me!" But I don't think I've ever heard of that actually happening. Say, you murdered someone who molested your child. Could you actually stand up in court and say "Yeah, I did it, he had it coming, please find me not guilty"? Or does the judge just say "That's a mistrial, also your confession (sans context) gets entered into evidence at the next trial"?
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Jul 12, 2021 03:34
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