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You have correctly identified the three red flags for why you don’t want to do this.
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Sep 24, 2023 17:54
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From a practical perspective I would not do it based on the information provided
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Sep 24, 2023 18:11
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Big Bowie Bonanza posted:From a practical perspective I would not do it based on the information provided Could you explain why in more detail? What issues might I have to deal with that can't be handled by hiring a professional that's paid for by the estate?
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Sep 24, 2023 18:27
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RapturesoftheDeep posted:Are there any potential nightmarish drawbacks to being the executor of a will? The worst part of being executor (besides grieving the person who died) is dealing with their family. Even if the will is up-to-date when he dies (reflecting his actual assets and heirs who are actually alive) do you want to deal with his relations feeling jilted and taking it out on you? Who will plan his funeral and run the obituary? Will this disorganized, borderline hoarder document all his financial institutions, services, and life insurance policies for you, or will you have to play detective after he dies? Usually the executor would get the deceased's house ready for sale/transfer. Does he own or rent his home? You can, of course, hire cleaners and charge reasonable expenses to the estate, but will they dig out all the little tchotchkes left to his heirs? Will the heirs fight you about the expense (that reduces their inheritance)? Will they fight you about the expense of a lawyer (that you'll need to make sure you disburse everything properly so you don't take on personal liability)?
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Sep 24, 2023 18:57
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RapturesoftheDeep posted:Are there any potential nightmarish drawbacks to being the executor of a will? The executor is basically responsible for going through all the property and making an inventory and using it to pay off debts then either selling it off or giving it away. You get in trouble if you don't account for everything correctly or you start giving yourself stuff. Even if he names you in the will, you don't actually have to do it. Like let's say he names you tomorrow, and dies on Friday and then the court calls you the next week it says "hey, you're the executor in this will" you can just say, " I don't want to do it." Unless for some reason Pennsylvania is different than anywhere else in the country
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Sep 24, 2023 19:13
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BonerGhost posted:The worst part of being executor (besides grieving the person who died) is dealing with their family. Even if the will is up-to-date when he dies (reflecting his actual assets and heirs who are actually alive) do you want to deal with his relations feeling jilted and taking it out on you? Who will plan his funeral and run the obituary? Thanks for a very helpful reply-- it gives me a lot of specific questions to ask him. If dealing with the family is the worst potential issue, I'm pretty comfortable with this. There's really only one family member who he butts heads with and I get along better with her than he does, but wouldn't care at all if she feels jilted. I wouldn't expect that anyway, since she has way more money than him. Having some assurance that he's going to have paperwork in order is going to be a must for me, but fortunately he's pretty good with stuff like that. He owns his home, but probably doesn't have a lot of equity in it. He does have a lot of money wrapped up in a fairly expensive collecting hobby, so that's another concern I'd want to address with him, since I know nothing about that hobby.
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Sep 24, 2023 19:21
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blarzgh posted:The executor is basically responsible for going through all the property and making an inventory and using it to pay off debts then either selling it off or giving it away. Thanks for a useful response! I'm glad to know that declining it is an option-- based on the (limited) information I have about PA, it's possible and in fact common. Are there services that you can hire to inventory property? My biggest concern is that he's got a lot of money wrapped up in a collecting hobby that I know nothing about. Fortunately, giving myself this stuff is not going to be a temptation.
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Sep 24, 2023 19:25
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blarzgh posted:Unless for some reason Pennsylvania is different than anywhere else in the country This is, in fact, something the Pennsylvania bureaucracy takes great pride in. If you’ve ever lived in PA and set foot in any government office, you’ll be very familiar with the words, “well, Pennsylvania is actually a commonwealth, so…”
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Sep 24, 2023 19:27
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I understand he’s making a will and needs to name an executor but what are the odds he actually going to die in the next twenty years and you have to do anything?
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Sep 24, 2023 19:50
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blarzgh posted:Unless for some reason Pennsylvania is different than anywhere else in the country I mean...
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Sep 24, 2023 19:56
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smackfu posted:I understand he’s making a will and needs to name an executor but what are the odds he actually going to die in the next twenty years and you have to do anything? We're in our fourties and he's had some health scares, so the odds are not zero. But I'm not expecting to deal with this soon, either.
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Sep 24, 2023 20:09
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Quote is not edit
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Sep 24, 2023 22:22
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Hey all, Traffic Violation question. The other week I had to go support another location for my job that I dont usually work in, so I was using my phones google maps gps to get to and from. On the way home, I had google maps up on my phone and my phone in its little holder on the dash board. I must have been leaning forward to clear off one of the suggested detour/faster route notifications just as I drove by a state trooper cause I got pulled over. The trooper was disarmingly pleasant to the point where I didnt argue anything because I thought surely I was getting a warning, but he came back from his vehicle and gave me a ticket that he explained was for "using a gps device" which in his words was "a lesser violation" and he was letting me off easy. Whatever, I was a little miffed but he'd already written it so its not like running my mouth was going to change anything for the better, I said thank you and drove home. When I got home though I was curious to see the difference between a gps device and an electronic device in the state on New York, the first thing I noticed upon looking at the ticket is that no where does it say gps, in fact it specifically says "Operating a motor vehicle while using portable electronic device". So now I was annoyed, but I went to google how much of a fine I was looking at because mad or not I didnt really want to have to drive back to some podunk town in New York. When I went to search it up though, I found that a phone, being used for GPS, while in a phone holder is exempt from operating a motor vehicle while using a portable electronic device because it is considered a gps and not a portable electronic device as per New York State Law. Not that I ever expect a minor traffic violation to proceed to the point of body cam footage but the officer even remarked that he saw me leaning forward to touch my phone on the dash, and asked if I was using GPS when he came to the window as google maps was up. Google says first offense is $50-150 dollar fine, doesnt mention anything about points on license. So basically I have two questions, should I plead not guilty and fight it , as my very, very brief google search would have me believe I was not breaking any laws, and if so can someone confirm that my search was accurate and a phone being used for gps in a phone holder is exempt in New York State ? Counter question, if I just plead guilty so I dont have to take the time out of my busy schedule to deal with this, is it just a fine or is there also points ? Thank you !
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Sep 24, 2023 22:58
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We don't know and won't tell you what to do. We can give legal information, not legal advice I do however recommend the comedy option of going Full Sovereign Citizen and showing up to your court date with a gold fringed flag and copy of the declaration of Independence
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Sep 25, 2023 05:18
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RapturesoftheDeep posted:Thanks for a useful response! LOL it just keeps getting better. This sounds like a loving nightmare.
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Sep 25, 2023 05:39
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therobit posted:LOL it just keeps getting better. This sounds like a loving nightmare. You just lost yourself an invite to the estate sale with the best collection of Funko Pops ever.
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Sep 25, 2023 07:20
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There are auction houses that specialize in liquidating grandpa's house full of hobby bullshit, if everyone is on board with turning the house's contents into a check they can all split without managing the task themselves. "everyone on board" is the actual hard part to accomplish if there is enough of an everyone to need to worry about individual boarding status though, good luck
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Sep 25, 2023 08:08
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The biggest pitfall I see is how big a haircut the collectibles take in terms of value and then making heirs realize that the only way they will ever see money is by closing that poo poo out all at once and it’s worth it.
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Sep 25, 2023 08:20
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Yeah, that would be my concern there. That you would be accused as executor of not getting the “full value” out of the collectibles, especially if the family thinks they are valuable. The defense would be a very hands-off auction I guess.
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Sep 25, 2023 13:06
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Hi posted:Hey all, Traffic Violation question. You should call a traffic ticket attorney in the county where you got the ticket and ask them. Even if your analysis is right, you still have to deal with the system, and the attorney can help you figure out what's the least painful way to proceed.
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Sep 25, 2023 15:12
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therobit posted:LOL it just keeps getting better. This sounds like a loving nightmare. Yeah some of my extended family had to deal with this situation recently (a collection of valuable musical instruments that the deceased was one of the few experts qualified to evaluate). The family ended up agreeing to just donate them to a museum I believe was the end result.
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Sep 25, 2023 15:17
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blarzgh posted:We don't know and won't tell you what to do. We can give legal information, not legal advice I guess thats all I was really looking for, I should have been clearer, I could decided if its worth fighting, I just wanted to know if it was points and a fine, or just a fine, and if the phone in a phone holder doesnt count thing was legitimate. SlapActionJackson posted:You should call a traffic ticket attorney in the county where you got the ticket and ask them. Even if your analysis is right, you still have to deal with the system, and the attorney can help you figure out what's the least painful way to proceed. Do attorneys give free advice? I clearly dont find myself needing legal advice often.. if the ticket is really 50-150 dollars first time offense as google suggests than I cant imagine no matter how in the clear I was it would be worth hiring an attorney
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Sep 25, 2023 21:26
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"Free legal advice" no. But sometimes the punchline is, I could knock down this $150 ticket in muni court but it will cost you $750 of my time. Are you about to lose your license? Are they going to fucktuple your insurance premiums over this? If both answers are "no" then $150 to tie it off and move on with your life is the best deal available. Or maybe "it was in a holder" is the defense you want it to be. The lawyer will know that, too!
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Sep 26, 2023 02:37
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Hi posted:I guess thats all I was really looking for, I should have been clearer, I could decided if its worth fighting, I just wanted to know if it was points and a fine, or just a fine, and if the phone in a phone holder doesnt count thing was legitimate. It’s a thread full of attorneys. The only free legal advice you’ll ever get is to go pay to talk to an attorney.
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Sep 26, 2023 09:41
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pseudanonymous posted:It’s a thread full of attorneys. The only free legal advice you’ll ever get is to go pay to talk to an attorney. That's because if it's complicated enough to ask a lawyer about it, you need to ask a lawyer about it. Either you can google the answer and that's fine because you've googled the answer, or you can't and you need to get an attorney. Nothing to do with money; I've never billed a client. Hieronymous Alloy fucked around with this message at 12:31 on Sep 26, 2023 |
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Sep 26, 2023 12:19
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Hi posted:I guess thats all I was really looking for, I should have been clearer, I could decided if its worth fighting, I just wanted to know if it was points and a fine, or just a fine, and if the phone in a phone holder doesnt count thing was legitimate. one of the ways traffic ticket attorneys work is they take your cash and get you a better offer, and pocket the excess, while keeping the conviction off your insurance and license. I fully expect whatever ticket attorney you call to let you know if its points on your license or not, for free - thats not a big deal - but it sounds like a moving violation and I would also wan tot know if that will affect your insurance, a question that the attorney may not be able to answer without seeing your policy.
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Sep 26, 2023 13:16
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pseudanonymous posted:It’s a thread full of attorneys. The only free legal advice you’ll ever get is to go pay to talk to an attorney. Because that's usually the right move, and also because if we're not careful we can end up in an attorney-client relationship with a random stranger on the internet just by giving too-detailed advice.
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Sep 26, 2023 17:11
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There has been some recent drama in a local facebook lost/found group over a dog. Someone found a dog, posted in a couple groups looking for the owner. Nobody claimed it within a week or so, so that person gave the dog away to someone else. Is there any legal requirement for a person to try to track down the owner of a dog that shows up on their property or can they just say, "gently caress it, not my dog".
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Sep 26, 2023 18:34
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I am currently searching for lawyer, and had a question regarding something that was brought up in a consultation this morning (hopefully will hear back soon). He mentioned filing an application for a declaratory judgement for my trust accounts. They haven't been contested yet, but I would not be surprised if they are later. I'm involved in a will contest that was signed at the same time as the trust documents. Would getting a judgement in my favor completely prevent someone from contesting the trust in the future? I ask because if so it avoids a very expensive and lengthy will contest for me. Everything in Texas of course.
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Sep 26, 2023 19:46
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Skunkduster posted:Is there any legal requirement for a person to try to track down the owner of a dog that shows up on their property or can they just say, "gently caress it, not my dog". Dog stuff is super local and variable by city and locality, so dunno. That said, generally speaking the law treats animals as plain property like books or rocks or vases, so no, you probably have no obligation to do anything. Unless there's a weird state statute about checking a chip database or similar, or the pound you donate the dog says something in it's contracts etc. Xinlum posted:Would getting a judgement in my favor completely prevent someone from contesting the trust in the future? Not your lawyer, trust your lawyer, don't know Texas. But generally the whole point of a declaratory judgment action is to involve everybody who might make a claim about an issue, drag them into court, and let the judge sort it out. So the judgment would prevent anyone who was a party to the declaratory judgment from contesting things related to the subject of the declaratory action. I.e. you file a dec action against Uncle Bob and Aunt Sue regarding Grandpa's Trust, but omit Brother Joe for inexplainable reasons, and omit Grandpa's Will because it's got to go to probate. The resulting judgment will stop Bob and Sue from challenging the validity of the Trust. But Joe still can challenge it, and all three can challenge the Will in the probate action. These things get more complicated rapidly and you really do need a good trust & probate litigator to handle will contests, trust contests, etc.
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Sep 26, 2023 20:16
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That's exactly what I wanted to know. Thank you!
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Sep 26, 2023 20:56
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Skunkduster posted:There has been some recent drama in a local facebook lost/found group over a dog. Someone found a dog, posted in a couple groups looking for the owner. Nobody claimed it within a week or so, so that person gave the dog away to someone else. I don't know that you have an affirmative duty to track down the owner, but I would also think that you're not allowed to just give something away that obviously belongs to someone else. Like obviously the dog didn't have a collar or a chip or whatever or they would have just called that number. I think you have to think about it from an enforcement perspective as far as the law is concerned. On the one hand, you have a cause of action for possession, where all you have to prove is that the property belongs to you and it's in the possession of another person. If you prove that, your remedy is just to get the property back. The other thing you can sue for in court is called conversion. That civil theft, you get money damages equal to the value of the property converted. In that case, the elements are of conversion are generally recited as, " The defendant knowingly wrongfully exercised dominion and control over the property of another." Also, I know it's true in Texas, but I don't know about common law, where you have to demand the return of the property and the possessor must refuse. In your hypothetical, the person who exercised dominion and control over the dog and then gave it away probably didn't do it. Knowingly, or wrongfully. If the dog has been abandoned such that it was allowed to roam free, not any supervision in such a state that any normal person might expect that the dog no longer had an owner, I wouldn't expect a jury to find that the taking possession of the dog and then subsequently giving it away was wrongful. So while I think that the true owner of the dog might have a lawsuit against the person in possession to get the dog back, if they could prove they own it, I wouldn't expect that they'd be able to sue the giver away for money damages. In any event, they cannot recover both the dog and money damages. They can only get one or the other, So they would in essence. Have to agree to let the new holder keep the dog, and instead try and get whatever the dog was worth from the giver away
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Sep 26, 2023 21:38
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Holy poo poo. I can't believe I wrote all that. What's wrong with me?
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Sep 26, 2023 21:39
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Javid posted:Are they going to fucktuple your insurance premiums over this? If both answers are "no" then $150 to tie it off and move on with your life is the best deal available. Thats really all im angling for , I make decent money id gladly pay the $150 to just not deal with it and move on with my life, as long as its just the $150 and its not points and a massive spike in my insurance. blarzgh posted:one of the ways traffic ticket attorneys work is they take your cash and get you a better offer, and pocket the excess, while keeping the conviction off your insurance and license. I fully expect whatever ticket attorney you call to let you know if its points on your license or not, for free - thats not a big deal - but it sounds like a moving violation and I would also wan tot know if that will affect your insurance, a question that the attorney may not be able to answer without seeing your policy. Good to know, sounds like either way the right route is to reach out to an attorney and then its just a question of whats cheaper pleading guilty or hiring an attorney to fight it. Thank you attorney goons, I understand your weariness in giving free legal advice on the internet for strangers and appreciate you guiding me in the right direction.
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Sep 26, 2023 21:44
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blarzgh posted:Holy poo poo. I can't believe I wrote all that. What's wrong with me? Not sure what is wrong with you, but I appreciate it. I foster dogs through a local rescue group, so I would have certainly gone a different route. The facebook lawyers were all saying it is illegal for the finder to give away a dog that didn't belong to them and it just got me wondering if it really is illegal. Like if somebody left a bike in my front yard and a week later someone came along and asked if they could have it and I replied, "I don't give a poo poo, it isn't mine", how could that be a criminal act on my part. I guess, as a majority of posters in this thread are in the legal business, it must make you grind your teeth to see all these dipshits on facebook giving their legal "facts". Back during the events of Jan 6 at the Capitol building, there were people saying that the guy that stole the podium was guilty of treason for stealing government property and he should get the death sentence. Like those sovcits that read one little piece of the law out of context and take it as an all encompassing truth. Every post on the subject people kept tossing out "treason" and I'm thinking there is no way in hell a guy is getting charged with treason for stealing a podium.
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Sep 27, 2023 00:59
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it's worth checking with your insurance for stuff like first ticket forgiveness. They'll just tell you. re dog "theft by finding" is a thing in some places, that may or may not be affected by the variety and quality of the dog for purposes such as legal value. There are dogs with a blue book value in excess of the small claims limit where other property laws start to actually care
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Sep 27, 2023 01:04
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Javid posted:it's worth checking with your insurance for stuff like first ticket forgiveness. They'll just tell you. I guess the bike was a bad example because in that scenario, I assume it would be viewed that I never took possession of it. The person with the dog did take possession and gave it to someone else. I get that they might not be aware that animal rescue groups are a thing, but I think everybody knows there is a division of the police department called Animal Control that they could have contacted, but they never did.
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Sep 27, 2023 01:08
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blarzgh posted:In any event, they cannot recover both the dog and money damages. They can only get one or the other, So they would in essence. Have to agree to let the new holder keep the dog, and instead try and get whatever the dog was worth from the giver away This is why it's best to steal cheap mutts who are worth less than the filing fee. It's the perfect crime E: and they're the best dogs 
BonerGhost fucked around with this message at 07:02 on Sep 27, 2023 |
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Sep 27, 2023 07:00
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Skunkduster posted:Every post on the subject people kept tossing out "treason" and I'm thinking there is no way in hell a guy is getting charged with treason for stealing a podium. It's because they were not legal professionals and probably still believed that the law should be consistent with the electorate's beliefs around ethics and justice
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Sep 27, 2023 18:52
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Everything I don’t like is treason. Or communism. Or both.
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Sep 27, 2023 21:26
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