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Question: what sort of lawyer would I look for, to set up a trust for a family member who is in the middle of the (long and stupid) Disability appeal process? Also hoping to get State specific legal advice on how I can help her out without it counting as income, and possibly counting her as a dependent. I'd only do that if it didn't screw her (I am not worried about my taxes). Is this a 'family law' thing, or should I look for a disability law one?  Backstory - sister broke her neck in late 2020, and had not worked since March due to covid, and the restaurant industry. I want to make sure if she does get money (she's my beneficiary) it won't screw up her case, but also she's terrible with money, so longer term, it could be helpful. She has some mental health issues, and when stressed, just refuses to think about/address bills. I have no kids and a partner that makes 2x what I do, so trying to estate plan with her in mind. Also thinking about buying a house and renting it to her if/when the stupid disability process concludes. We have been told 9-15 months more for the admin judge review - got her a lawyer already for that process.
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Jul 20, 2023 16:43
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Any estate planning firm that also lists among its practice areas Medicaid planning, special needs trusts, guardianship, ABLE accounts, or elder law
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Jul 20, 2023 16:57
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SlapActionJackson posted:This is a given. The more interesting question is which other states C, D, E ... AW, AX can you also never step foot in because LE there will extradite you to B? The general extradition principle requires dual criminality, meaning the act has to be criminal in both countries, to trigger extradition treaties. By analogy, it would be all the states of C, D, E ... AW, AX that criminalize the act that is also criminal in State B and that you are worried about.
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Jul 20, 2023 18:25
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Arsenic Lupin posted:This is a hypothetical. I am not a doctor, not qualified to prescribe, not planning to mail abortion pills or anything else illegal in the receiving state. I don't think it's federally legal to mail abortifacients interstate under the Comstock Act, it's just not enforced. There's cases going through right now about that. ulmont posted:The general extradition principle requires dual criminality, meaning the act has to be criminal in both countries, to trigger extradition treaties. I wrote a short thing in D&D about how extradition between states work. As far as I know it was accurate then and still is (but keep in mind I don't have a lot of experience with it from interning and I also don't take the bar until Tuesday, so maybe I shouldn't be so confident). "Does extradition between states require double-criminality? I feel that's pretty standard in international extradition agreements, but I have no idea how it applies to state-level crimes between different states." ETA: original context was about prosecuting a woman who leaves the state to get an abortion Technically no, but generally yes. The state requesting rendition has to inform the receiving state of the charges and provide documentation that's a legit rendition request (usually in the form of an arrest warrant) and the person being rendered needs to be a fugitive. While the fugitive doesn't have a right to hearing, I don't know of any states that don't have a hearing on it and governors will deny the rendition request if they feel it's necessary. They can do it on Constitutional grounds-- assuming the paperwork's in order, there would be a couple of different things here, but the key ones would be the need to be a fugitive from the first state and there needs to be a substantive criminal charge. If you weren't in state A when the crime was committed, you're not a fugitive for that purpose. I'm not sure how this would interact with a law that says it's illegal to leave the state to get an abortion, would the crime be committed while you're still in the first state or does not happen until you cross over into the next state. Governors also can and do deny rendition on equitable grounds as well, particularly for due process violations. In the past it was things like illness of the fugitive, that the fugitive has been rehabilitated, justice wouldn't be served by rendering them, etc. During the hearing, the fugitive can also point out defenses they would use in the upcoming criminal case and governors can and do deny on the merits of the case. Finally, governors can deny without giving a reason. Hopefully governors in pro-choice states would deny rendition requests for abortion "crimes" from regressive states as a matter of course. When it's denied under equitable grounds, states rarely protest unless they think the governor's reasoning is inadequate, but even they can't really do anything about it. The requesting state might as the feds for help under the Fugitive Felon Act; the state would just need probable cause that the fugitive committed the crime in question and then fled the state to avoid prosecution. That particular act has a list of crimes that it can be used for and abortion isn't on it. Murder is, so a state might argue if they define abortion as murder that it should kick in, but the crimes have always been construed extremely narrowly and the feds have been super reluctant to go after people for committing a state crime only (though this might change in the next Trump admin). Dopilsya fucked around with this message at 15:20 on Jul 21, 2023 |
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Jul 21, 2023 14:58
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If a company had an employee sign a PiP with a stated length of one calendar year and then fired them 3 weeks later during downsizing is that technically a breech of contract in any meaningful sense? Obviously they're not going to be legally required to rehire him but could it be leveraged into more severance? I'm actually interested in how the whole implied signature on the company's part when signing these works. edit: He hasn't signed the separation agreement yet Guildenstern Mother fucked around with this message at 01:08 on Jul 22, 2023 |
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Jul 22, 2023 01:06
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I don't think a PIP is a contract, just an internal plan to outline how they need to improve.
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Jul 22, 2023 01:17
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DMCA anti-circumvention: A few months ago, the Dolphin Emulator (a Nintendo GameCube/Wii emulator for PC) project announced Dolphin was coming to Steam, but then walked that back after Valve reached out to Nintendo to determine if they were OK with this, and Nintendo responded with concern that Dolphin violates the DMCA's anti-circumvention clause. The crux of the issue is that the Dolphin emulator includes the well-known Wii common key required to decrypt the contents of a Wii game disc, a prerequisite to playing a Wii game with the emulator. Yesterday the Dolphin project responded to the claims and concern and while they will no longer pursue listing the emulator on Steam (not that Valve would allow it without cooperation from Nintendo) they defended their position that Dolphin does not violate the DMCA anti-circumvention provision as the primary purpose of the emulation is not to circumvent copy protection, but rather to provide interoperability with Wii software. Mind you, this isn't actually being litigated at this point, but it strikes me that Dolphin's position is something of a bold claim as past litigation has not been favorable with regard to anti-circumvention defenses at least as applied to DVD encryption. So, my question, is there any DMCA-related case that actually might support Dolphin's position? This seems untested at best.
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Jul 22, 2023 01:40
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Muir posted:I don't think a PIP is a contract, just an internal plan to outline how they need to improve. That's what I figured but I promised I'd ask some random people on the internet.
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Jul 22, 2023 03:18
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FL question for you lovely nerds. I'm going to be out of state for about a month and was planning on having a friend on mine stay at my place and keep it up wile I'm gone. Possible problem is that I have guns and he's a felon. I've been looking up this stuff and can't come to a conclusion so here we go. If I take the keys to my safe will this be an issue? If I thought the guy was gonna saw it open when I'm gone and kill people/sell them I wouldn't even bother, but my thought's don't mean poo poo. He can't have them in his care, but if he can't access them either is that 'care'? Should I just try to find less felonious friends or hope someone doesn't break into my place? I'm thinking it's a bad idea, but I literally have no one else in the state who will take them for me.
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Jul 22, 2023 03:33
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sleepy.eyes posted:I'm thinking it's a bad idea, but I literally have no one else in the state who will take them for me.
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Jul 22, 2023 04:07
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Dopilsya posted:I don't think it's federally legal to mail abortifacients interstate under the Comstock Act, it's just not enforced. There's cases going through right now about that. Ohhhh. God, I hate this timeline.
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Jul 22, 2023 04:09
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Trapick posted:No idea on the legal parts, but do gun stores or shooting ranges offer this kind of service in your area? Like "we'll store your guns for $x/month". I know this is a thing some places at least. I never thought to see, thanks.for the tip.
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Jul 22, 2023 04:23
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sleepy.eyes posted:FL question for you lovely nerds. I'm going to be out of state for about a month and was planning on having a friend on mine stay at my place and keep it up wile I'm gone. Possible problem is that I have guns and he's a felon. I've been looking up this stuff and can't come to a conclusion so here we go. If I take the keys to my safe will this be an issue? If I thought the guy was gonna saw it open when I'm gone and kill people/sell them I wouldn't even bother, but my thought's don't mean poo poo. Whether it’s legal or not, and even if you trust him implicitly, imagine cops get called for some reason or another and they show up and there’s a gun safe. And Officer McChuckelfuck thinks it’s illegal for him to be staying there with the gun safe. Your frown’s life could be really hosed up by the time it gets sorted out.
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Jul 22, 2023 04:36
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Maybe just have someone check in on your place from time to time rather than stay there continuously?
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Jul 22, 2023 04:44
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as your lawyer I legally advise you to have a different friend, who is not a felon, watch your house instead
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Jul 22, 2023 04:45
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Uugh, I hate this. I'll figure something out, thanks for helping me decide not to.
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Jul 22, 2023 04:57
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Javid posted:as your lawyer I legally advise you to have a different friend, who is not a felon, watch your house instead You seem to greatly overestimate then number of people who will willing interact with me.
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Jul 22, 2023 05:08
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sleepy.eyes posted:You seem to greatly overestimate then number of people who will willing interact with me. Well you are from Florida.
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Jul 22, 2023 06:05
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BigHead posted:Well you are from Florida. Fair enough.
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Jul 22, 2023 06:39
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As *a* lawyer, I'd advise you to just do it, we got law school debts to pay. But yeah, don't actually try to loophole this one.
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Jul 22, 2023 09:13
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I am absolutely not trying to loophole this, just want to make sure I don't gently caress over my buddy or myself through ignorance. Unfortunately it seems like I just have to hope for the best.
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Jul 22, 2023 09:27
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sleepy.eyes posted:I am absolutely not trying to loophole this, just want to make sure I don't gently caress over my buddy or myself through ignorance. The chances of it being a problem are slim. But if it becomes an issue, he's going to end up back in prison. Is it worth that?
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Jul 22, 2023 12:56
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I will have to check FL caselaw when I get to a proper computer, but just having a gun in the house can be a problem even if it is in a safe. My recommendation is to see if you can store the weapons elsewhere while you’re out of town. Probably better that way anyways because you’re secured from them being stolen during a break in as well. Check with your local gun range/club and see if they have storage options.
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Jul 22, 2023 13:02
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sleepy.eyes posted:FL question for you lovely nerds. I'm going to be out of state for about a month and was planning on having a friend on mine stay at my place and keep it up wile I'm gone. Possible problem is that I have guns and he's a felon. I've been looking up this stuff and can't come to a conclusion so here we go. If I take the keys to my safe will this be an issue? If I thought the guy was gonna saw it open when I'm gone and kill people/sell them I wouldn't even bother, but my thought's don't mean poo poo. Not a lawyer. Iirc for NFA items (suppressors and machine guns) a big chunk of being legal is not allowing people not on the tax stamp have unsupervised access to those items. Locked in a safe that only the person on the tax stamp can access covers this. I'd ask in TFR.
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Jul 22, 2023 14:08
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sleepy.eyes posted:FL question for you lovely nerds. I'm going to be out of state for about a month and was planning on having a friend on mine stay at my place and keep it up wile I'm gone. Possible problem is that I have guns and he's a felon. I've been looking up this stuff and can't come to a conclusion so here we go. If I take the keys to my safe will this be an issue? If I thought the guy was gonna saw it open when I'm gone and kill people/sell them I wouldn't even bother, but my thought's don't mean poo poo. If you really have no other option you could explain this situation to a pawn shop and probably strike a deal where you pawn them now and buy them back when you get back. You’ll take a loss.
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Jul 22, 2023 15:10
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Even ignoring your friend’s future, say the cops show up for whatever and find the guns: cool, cops take ‘em as evidence or just call it a civil forfeiture and now your guns are gone forever. I dunno, maybe that doesn’t apply to guns. Let us know if you find out!
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Jul 22, 2023 15:17
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I've done a little followup research, and, yes, in Florida, someone can be charged for guns in a safe in a house they're staying in. I strongly recommend you have your weapons stored elsewhere while your friend is watching your home. The cases I've found generally involve someone finding a gun safe during an administrative search and then police seeking a warrant to search the safe after and the homes were the felon's residence. There is definitely an argument to dismiss the charges that he could not have actual possession because of lack of access to the safe, but these are all arguments made after arrest and charges are brought. I'll not that I have not done exhaustive research to find a completely matching fact pattern, but I have found enough to say that guns locked in a gun safe can and are still used to charge felons with unlawful possession. Now, the likelihood of the police being in your home, seeing the gun safe, and then charging your friend may be low, it is not zero. Please store your weapons elsewhere for both yours and their piece of mind.
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Jul 22, 2023 15:22
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Just melt the guns down, OP. You’ll be doing society a favor and won’t have to worry about your friend. Win-win.
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Jul 22, 2023 15:23
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I assume Florida is not one of these states, but in some states you can temporarily voluntarily surrender firearms to law enforcement for safekeeping, and they’ll give them back later. The statutes governing these are designed to reduce the risk of suicide for at-risk persons by giving them a place to take firearms if they anticipate a high-risk period of time. I don’t know that I’ve ever heard of them actually being used, but if Florida has such a regime (which I doubt) you could try that?
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Jul 22, 2023 15:44
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Bury the guns where no police will ever find them.
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Jul 22, 2023 15:57
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Phil Moscowitz posted:Bury the guns where no police will ever find them. Like in a school?
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Jul 22, 2023 17:58
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With the beans.
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Jul 22, 2023 18:07
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Bad Munki posted:Like in a school? Cops are regularly at schools to clean up once the shooters are done with out of guild cop-work.
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Jul 22, 2023 18:08
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Hire a lawyer and then give him the guns for safekeeping.
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Jul 22, 2023 18:25
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I’ll buy your guns.
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Jul 22, 2023 20:17
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Is there a way in small claims or anywhere else to be able to stipulate to a large online retailer, "give the refund like you promised multiple times in writing, and no retaliatory/adverse actions or flags on the account because of this incident, since it was your fuckup"? From googling around, there's a lot of instances where the prevailing customer gets algorithmically banned after they win. Some of these companies are so omnipresent that getting banned is seriously life-disrupting.
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Jul 22, 2023 20:59
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Feature, not a bug. No constitutional right to Amazon Prime
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Jul 22, 2023 21:20
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Zero VGS posted:Is there a way in small claims or anywhere else to be able to stipulate to a large online retailer, "give the refund like you promised multiple times in writing, and no retaliatory/adverse actions or flags on the account because of this incident, since it was your fuckup"? There's probably somebody better informed than me, but... I don't know how likely you'd be to get it, but I also don't see why you couldn't shoot your shot. You'd be suing for an injunction and for those the general rule is you have to prove irreparable harm and that money damages isn't good enough, then the court does a balancing test. My understanding is courts aren't too thrilled with it and my gut feeling is making it part of a settlement offer is the better way to go.
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Jul 23, 2023 02:52
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Phil Moscowitz posted:Bury the guns where no police will ever find them. The scientology compound with Shelley Miscavige, who is definitely alive?
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Jul 24, 2023 18:26
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Any advice for getting through a deposition, other than answer questions exactly as they are asked? I'm a witness, not a party to this lawsuit.
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Jul 24, 2023 19:20
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