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ulmont posted:Ewww. Per capita with representation or gtfo. That's bullshit! Just because Uncle Frank was a quiverfull weirdo we all now get 1/16th of grandpa's money instead of the 1/4 of it we should have received.
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Sep 30, 2023 15:13
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Hi
bird with big dick fucked around with this message at 14:27 on Oct 3, 2023 |
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Oct 1, 2023 16:52
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Mr. Nice! posted:That's bullshit! Just because Uncle Frank was a quiverfull weirdo we all now get 1/16th of grandpa's money instead of the 1/4 of it we should have received. Per stirpes is bullshit! Mama's dead and Aunt Peggy's dead and we get only half of what Aunt Peggy's kids got! Almost like fair is in the eyes of the beneficiary
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Oct 1, 2023 17:00
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Javid posted:Once I hit a cat with my car and took it to the vet, and they charged me up front but then canceled it and billed the actual owners when they came in for the cat, no lawsuit required This feels a bit more interesting because in my experience those kind of vet visits tend to have questions like, “we can do X and it will cost $1000 but it has a low chance of success, do you want to do it?” So you are basically deciding how to spend someone else’s money.
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Oct 1, 2023 17:44
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smackfu posted:This feels a bit more interesting because in my experience those kind of vet visits tend to have questions like, “we can do X and it will cost $1000 but it has a low chance of success, do you want to do it?” So you are basically deciding how to spend someone else’s money. Doing vet work on a third party's cat without cash on the barrelhead is like taking a case on contingency :itisalawyeranalogy:
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Oct 1, 2023 21:59
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Bird with a big dock that past part is potentially too specific and googleable.
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Oct 3, 2023 14:26
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Hi legal thread, I have hypothetical California landlord-tenant questions. It is my understanding that in California when a residential lease term expires, if the tenant pays and the landlord accepts rent for subsequent months, a month-to-month tenancy continues, and all other provisions of the lease other than the term remain in effect. It is also my understanding that a month-to-month tenancy can be terminated by the tenant with 30 days notice. My questions are: If a lease has a term that stated both parties should notify the other to extend or terminate the lease 60 days prior to its termination date, and neither party does so, wouldn’t the lease still convert to a month-to-month lease after its termination date if rent was paid? If so, would a landlord be able to use the above term to require 60 days notice from the tenant to terminate the ongoing month-to-month tenancy?
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Oct 5, 2023 00:41
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Reztes posted:Hi legal thread, I have hypothetical California landlord-tenant questions. This may very well depend on the county or even the city you live in. You should consult your local tenants' union.
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Oct 5, 2023 01:24
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Reztes posted:My questions are: If a lease has a term that stated both parties should notify the other to extend or terminate the lease 60 days prior to its termination date, and neither party does so, wouldn’t the lease still convert to a month-to-month lease after its termination date if rent was paid? depends on the exact language of the 60 day notice provision, and then depends on whether/how California Courts have interpreted it. If its a 60 option to extend or renew, then probably not, but Maybe! Whereas its a base provision that any notice to terminate or extend requires 60 days, then probably! but Maybe Not!
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Oct 5, 2023 15:46
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Also the "notice provision" only details the minimum amount of time necessary for one party to terminate the tenancy. "at least 30 days notice" means I can terminate by giving 30, 42, or as many as180 days notice, and at the end of the specified month, the tenancy will terminate. But if I only give 29 days notice, then I failed to terminate, and the tenancy continues for at least one more month. Some leases say something like, "At least X days, but no more than Y days" so there's a range, but it would be weird to find a lease that requires that a party give exactly, and only, X days notice. Edt: The purpose of the notice to terminate, both contractual, and statutory, is to give the parties sufficient time to plan around the end of the tenancy, to give them expectations about the permanency of living situations, and conversely, to enable parties to end the contract with reasonable haste, when necessary. blarzgh fucked around with this message at 15:52 on Oct 5, 2023 |
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Oct 5, 2023 15:50
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Alright well the actual landlord stepped in and was fine with a 30 day notice so it’s moot. Their agent was trying to claim the lease required 60 days notice based on this very wonderfully written line inserted as an addendum “Both party should notify other party to extend or terminate lease at 60 days prior to termination date on [first page].” Neither party communicated anything at 60 days, that day came and went, on previous extensions when the tenant had questioned what would happen if the extension hadn’t been signed before the end date of the lease, the landlord’s agent had said that the lease would simply convert to month-to-month, and turns out the lease document itself says that if the term expires, and rent is then paid and accepted, the lease converts to month-to-month where 30 days notice by the tenant is sufficient to terminate, so property managers just gonna property manage I guess 
Reztes fucked around with this message at 16:08 on Oct 5, 2023 |
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Oct 5, 2023 16:06
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I guess this is the thread to ask pedantic questions about definitions. Does the word "should" carry legal obligation in a contract? "Must, shall, will" are certain and definite, "should, may, might" seem like words that allow or advise, rather than require something. I know the answer is always "it depends", but any more insight or thought on top would be appreciated, thanks.
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Oct 5, 2023 17:22
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B33rChiller posted:I guess this is the thread to ask pedantic questions about definitions. Rules of Construction say you have to read the clause in context of the agreement, try to give terms their plain meaning, try to read each provision as if the parties meant for it to be binding, and don't insert meaning or intent where none is present. Now, ask a judge to do all that and be surprised if he comes to a different conclusion than you did.
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Oct 5, 2023 18:30
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If you were a lawyer and a client sent you a Worlds Greatest Lover coffee mug along with a note that said they were sold out of Worlds Greatest Lawyer coffee mugs would you think it was funny or sexual harassment
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Oct 5, 2023 20:34
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blarzgh posted:Rules of Construction say you have to read the clause in context of the agreement, try to give terms their plain meaning, try to read each provision as if the parties meant for it to be binding, and don't insert meaning or intent where none is present.
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Oct 5, 2023 21:29
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bird with big dick posted:If you were a lawyer and a client sent you a Worlds Greatest Lover coffee mug along with a note that said they were sold out of Worlds Greatest Lawyer coffee mugs would you think it was funny or sexual harassment I’d laugh especially if it was a guy.
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Oct 5, 2023 21:55
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bird with big dick posted:If you were a lawyer and a client sent you a Worlds Greatest Lover coffee mug along with a note that said they were sold out of Worlds Greatest Lawyer coffee mugs would you think it was funny or sexual harassment
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Oct 5, 2023 21:59
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bird with big dick posted:If you were a lawyer and a client sent you a Worlds Greatest Lover coffee mug along with a note that said they were sold out of Worlds Greatest Lawyer coffee mugs would you think it was funny or sexual harassment I thought you hated your lawyer?
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Oct 5, 2023 23:05
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They still refuse to answer any questions I have but they won so I’m okay with it now.
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Oct 5, 2023 23:35
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bird with big dick posted:If you were a lawyer and a client sent you a Worlds Greatest Lover coffee mug along with a note that said they were sold out of Worlds Greatest Lawyer coffee mugs would you think it was funny or sexual harassment Depends on the client whether I would think it was funny or Really Funny
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Oct 6, 2023 00:47
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B33rChiller posted:So, a fight and a dice roll to be had then, eh? Holy poo poo this guy just passed law school with one sentence
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Oct 6, 2023 00:48
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Guess what mom? I got a JD from somethingawful niteschool!
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Oct 6, 2023 03:48
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If a contract expresses implied surprise if something does not happen, a fair reading is that both parties intend that thing to happen.
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Oct 6, 2023 08:01
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Alchenar posted:If a contract expresses implied surprise if something does not happen, a fair reading is that both parties intend that thing to happen. A “fair” reading? That’s not what my client pays me for…
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Oct 6, 2023 08:55
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How do I go about starting the probate process for my deceased father? I'm almost certain he never had a will or trust, but all of this is new to me and overwhelming.
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Oct 8, 2023 16:01
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VplDyln posted:How do I go about starting the probate process for my deceased father? I'm almost certain he never had a will or trust, but all of this is new to me and overwhelming. First, sorry for your loss. This going to depend on state and size of the estate. If there is nothing but a house, call your local county clerk for guidance. If they have any assets at all that have actual monetary value, call a local probate attorney.
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Oct 8, 2023 16:24
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Mr. Nice! posted:First, sorry for your loss. This going to depend on state and size of the estate. If there is nothing but a house, call your local county clerk for guidance. If they have any assets at all that have actual monetary value, call a local probate attorney. If the father is living in a different county, would you call the county he is in or the one you are in? I'm curious about this as well. My dad is alive and well at 80, but all he has for a will is a piece of paper saying that when he goes, everything gets split evenly between my sister and me. He gave a copy to each of us, but I don't think it is even signed or dated. There are no other immediate family members. Other than his house and car, he doesn't really have any high value assets.
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Oct 9, 2023 18:23
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Usually it is done in the decedent’s county. If your father is still alive it is possible to set up assets to bypass probate entirely, but you’ll need to check with a local attorney to confirm the setup needed.
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Oct 9, 2023 18:56
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Skunkduster posted:If the father is living in a different county, would you call the county he is in or the one you are in? I'm curious about this as well. My dad is alive and well at 80, but all he has for a will is a piece of paper saying that when he goes, everything gets split evenly between my sister and me. He gave a copy to each of us, but I don't think it is even signed or dated. There are no other immediate family members. Other than his house and car, he doesn't really have any high value assets. That’s almost certainly not considered a valid will so it would follow the intestate statutes which would probably split the assets evenly among his kids anyway, assuming no spouse. State dependent of course.
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Oct 10, 2023 13:10
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smackfu posted:That’s almost certainly not considered a valid will so it would follow the intestate statutes which would probably split the assets evenly among his kids anyway, assuming no spouse. State dependent of course. Whether or not that document is valid also depends on the state. Reminder that a will etched onto the bumper of a tractor that crushed a farmer was upheld as a valid will. It helps that it was just giving everything to his wife, but it was still executed all the same.
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Oct 10, 2023 14:02
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Most states that allow holographic wills require them to be handwritten, dated, and signed at a minimum.
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Oct 10, 2023 14:25
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Phil Moscowitz posted:Most states that allow holographic wills require them to be handwritten, dated, and signed at a minimum. ALL tO wIFe 10/10/23 /s Devor
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Oct 10, 2023 14:27
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Third bankruptcy creditor meeting coming up. This one ought to be interesting since it's chapter 7 and we now have a judgment.
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Oct 10, 2023 14:36
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Get his rear end, bird.
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Oct 10, 2023 14:39
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smackfu posted:That’s almost certainly not considered a valid will so it would follow the intestate statutes which would probably split the assets evenly among his kids anyway, assuming no spouse. State dependent of course. I can't force him to see a lawyer, but I'm hoping things will go smoothly. It is only my sister and me, no spouses, and our mother died years ago, so no ex-wife and he never got remarried. My sister and I are on good terms, but I'm not sure how amicable she will be when it comes to half the value of the house and half of whatever he has in his bank account.
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Oct 10, 2023 15:17
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This may not be exactly the right thread, but I have the option to pick up metlife legal insurance through benefits election; all the googling I've done says that the in network coverage is effectively non-existent because metlife's rates are terrible and no one wants to be paid at those rates unless they're literally starving. Metlife doesn't let you see plan specifics without creating an account, does anyone have experience with the out of network coverage? If I end up using an out of network attorney and end up getting reimbursed anything it seems like it's still worthwhile.
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Oct 10, 2023 16:47
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Once in a blue moon our firm gets called and asked if we will take on a legal insurance case. The insurance company says, " our insured has issue x, Will you perform x hours of work on their issue for $[1/3rd my hourly rate]" I generally Tell them that I don't know how many hours the issue is going to take so I can't commit to a certain amount, that the hourly rate is too low for me to accept. Obviously there are attorneys out there who will accept this kind of work, But that probably means they really need it. Conversely, If the issue is so complicated that a not-very-expensive lawyer is unqualified to handle it then It's probably not covered by the plan anyway. From what I can tell, the generally pay for the first few hours of legal service that you might need on something that's covered by the plan, leaving you to pay the rest of the bill if more work is needed. Maybe it saves you a few hundred dollars sometime? Google around and find someone who's giving some concrete perspective from the other side of the table.
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Oct 10, 2023 16:59
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I don't know for Metlife specifically, but more generally the legal coverage I have via work is useful for things like putting together a simple will, contesting a traffic ticket, or handling some basic legal questions, and then referring you to a specialist for anything heavy duty and expensive like divorce, immigration, lawsuits, etc.
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Oct 10, 2023 17:11
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If metlife's actual coverage is what it says it is on the brochure (I have not read the actual plan document), it does all of that, but the deluge of 1-star reviews tells me it doesn't cover those in practice. The flip side is that several of the one star reviews complain that out of network coverage only covered several times what would be my annual rate for the plan, instead of the full amount; if the plan ends up covering legal costs of anything more than $200 in a year that puts me ahead, but I hope to avoid legal costs in the first place and they obviously aren't making money by paying out more than they take in.
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Oct 10, 2023 18:30
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Rocketlaw gets the easy ones answered and the even-slightly-hard ones ignored.
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Oct 10, 2023 18:31
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