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ThingOne
Jul 30, 2011



Would you like some tofu?


If I needed it, would a traffic attorney be able to resend a letter of recommendation? I put my original in the mail last night and didn't notice that there was police tape wrapped around the drop box. Now I'm not sure if or when it'll be delivered.

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B33rChiller
Aug 18, 2011




Not a lawyer, but I think it's inadvisable to send mail from active crime scenes.
hope everything works out for you.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Don't worry the post office is federal so they'll ignore tape from mere local jurisdictions.

Edit : wait i thought you were joking

Hieronymous Alloy fucked around with this message at 00:05 on Oct 11, 2023

ThingOne
Jul 30, 2011



Would you like some tofu?


Thanks, I still plan on calling the post office when they're open tomorrow; I just wanted to get an idea of my options instead of sitting here panicking all night.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Mrs. _pointer's aunt died a few weeks ago (thank you for your condolences, etc, etc). Got an email from the executrix stating the following:

quote:

The deceased leaves instructions naming Mrs. _pointer as the Trustee of an Educational Fund. The Fund will benefit Mrs. _pointer's children, [and other family members]. Mrs. _pointer, feel free to initiate a discussion regarding the Education Fund with a legal professional in your area. We need to ensure compliance with the laws of your home state. The Educational Fund will be put in place specifically to assist with tuition, books, fees, etc., for a period of 4 years while each beneficiary is enrolled full-time in an accredited University, College, Vocational School, or other post high school learning environment. There are other specifics regarding the Fund, and I invite you to review the language in the deceased's Will as stated.
I assume I need a probate attorney? Maybe? Does the missus need to work with a lawyer to set up a trust? Would the money be able to go to our existing college investment fund? Just general guidance on what the above even means so I can tell an attorney what the hell I need.

SlapActionJackson
Jul 27, 2006

If it was done correctly, the trust is already formed from the aunt's estate and you need a trusts lawyer to explain the responsibilities of being a trustee.

Was this a surprise to the Mrs? Aunt should have discussed this with her before just dropping this in the will.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

ThingOne posted:

If I needed it, would a traffic attorney be able to resend a letter of recommendation? I put my original in the mail last night and didn't notice that there was police tape wrapped around the drop box. Now I'm not sure if or when it'll be delivered.

Do you mean, "If I ask my attorney to mail something for me, would they?" because probably, yes. Or, "would they be willing to send me another copy of something they already did." then also yes. Just try to make it as easy as possible for them; drive to their office or whatever to pick it up, etc.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

null_pointer posted:

Mrs. _pointer's aunt died a few weeks ago (thank you for your condolences, etc, etc). Got an email from the executrix stating the following:

I assume I need a probate attorney? Maybe? Does the missus need to work with a lawyer to set up a trust? Would the money be able to go to our existing college investment fund? Just general guidance on what the above even means so I can tell an attorney what the hell I need.

There should already be a trust document; get it, and get the probate paperwork that set up the trust (there should be a dollar amount apportioned to the trust in whatever your state's version is of the final order distributing the estate). Pay the $500 or whatever to spend an hour with a probate attorney near you; they'll explain everything, and educate you to the degree that you're comfortable to take on the responsibility.

Its not that big a deal, really. You dump the cash into whatever financial vehicle, or hire a bank trustee or whatever and when the kids come of age, you write checks for tuition and whatever else. Thats pretty much it.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

SlapActionJackson posted:

Was this a surprise to the Mrs? Aunt should have discussed this with her before just dropping this in the will.

The Aunt passing was not a surprise, but she did have a very long period in hospice and the end could have come at any minute, for pretty much years. The executrix had mentioned something in previous communications about a trust, but details were scant and really didn't emerge until after she passed.

Still, thanks to everyone who answered. I'll pass it on to the missus and we'll see if we can find a trust lawyer, near us. Do trust lawyers often overlap with other specialties? If I can't find a trust lawyer near us, is there a next best bet? (Edit: already answered by blarzgh, above!)

Edit 2: Is the cost of the lawyer something that the estate will reimburse us for? Or is it just the cost of being the custodian of the trust?

null_pointer fucked around with this message at 14:52 on Oct 11, 2023

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

null_pointer posted:


Edit 2: Is the cost of the lawyer something that the estate will reimburse us for? Or is it just the cost of being the custodian of the trust?

No, probably not. You're paying out of pocket for legal guidance to make sure that you do the job correctly.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Also, I want to make it clear that I'm more strongly in favor of you retaining your own council just for guidance at first, in particular, because the trust has more beneficiaries than just your children.

Trustee is getting in trouble when they gently caress around with the trust fund; The more beneficiaries there are, the more likely someone is to be annoyed with how you handle the trust fund, and I expect your kids are less likely to ever be annoyed about it than someone else's kids or their parents.

ThingOne
Jul 30, 2011



Would you like some tofu?


So it turns out I'm an idiot and the drop-off box was actually closed but the Post Office will send someone to get my mail anyway because I asked nicely and admitted I'm an idiot. :downs: At least I don't have to get the lawyer involved again.

smackfu
Jun 7, 2004

Feel like their responsibility to stop the box from taking mail if it’s closed but what do I know.

spacetoaster
Feb 10, 2014

I figured I would ask the professional arguers about this.

9 years ago I bought a new heat pump for my home. I shelled out the money for the 10 year warranty on parts and compressor (not labor). A little over a week ago it died and I called the company to come out and fix it.

The guy checked it and said "Yep, the *expensive part* is broken. That'll be *large number* to fix"

I said no problem, I bought the 10 year warranty from you guys so I just pay labor. The guy was surprised and got on the phone. While still on the phone with whoever he tells me they have no record of me buying anything from them, much less having a warranty. I then produce my copy of the paperwork that shows that I bought it from them with the warranty. He then tells the guy on the phone: "Yeah, he has it....ok". He then says that they just found the paperwork on their end and that they'll be back out to fix the unit when the part comes in.

That was over a week ago. I called today and a very cheerful young woman told me that the part is on backorder with no ETA on when one will come in. And that they will contact me as soon as one comes in.

How much longer should I give them before I get irate about "shucks we just can't get that very common part"?
What is reasonable for me to demand?
What do I do if they just ignore me and don't honor their warranty?

Sub Rosa
Jun 9, 2010




Seems like this situation reads very differently depending on whether it is actually a very common part or actually backordered? Have you researched the part availability?

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
What I'd suggest doing is document, in writing, that you've made the claim within the warranty period. A good way to do that.might be to.email thr company a polite followup and politely recount "hey we spoke last week on [date] and again by phone on [date], and it sounds like we are waiting on [x]. I just wanted to confirm that and ask if you could give me an eta on the expected repair timeframe. Thanks!

No suggestions past that, not this kinda lawyer.

spacetoaster
Feb 10, 2014

Sub Rosa posted:

Seems like this situation reads very differently depending on whether it is actually a very common part or actually backordered? Have you researched the part availability?

Right, it's why I'm not escalating. I'm wondering how long do I let them go with that before I get irate about my family not having any heat or a/c.


Hieronymous Alloy posted:

What I'd suggest doing is document, in writing, that you've made the claim within the warranty period. A good way to do that.might be to.email thr company a polite followup and politely recount "hey we spoke last week on [date] and again by phone on [date], and it sounds like we are waiting on [x]. I just wanted to confirm that and ask if you could give me an eta on the expected repair timeframe. Thanks!

No suggestions past that, not this kinda lawyer.

This is good. I will do that.

Atticus_1354
Dec 10, 2006

barkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbarkbark

spacetoaster posted:

Right, it's why I'm not escalating. I'm wondering how long do I let them go with that before I get irate about my family not having any heat or a/c.

I don't think the lawyer thread is the place to find out the parts availability for an unnamed A/C part.

Skunkduster
Jul 15, 2005




Atticus_1354 posted:

I don't think the lawyer thread is the place to find out the parts availability for an unnamed A/C part.

The "Home Zone" thread would be a good place to ask:
https://forums.somethingawful.com/showthread.php?threadid=3770037&pagenumber=536#lastpost

MadDogMike
Apr 9, 2008

Cute but fanged

blarzgh posted:

No, probably not. You're paying out of pocket for legal guidance to make sure that you do the job correctly.

Actually, going by what I know about taxes for estates anyway, taking legal expenses out of the estate/trust is perfectly common, it's not like you can't point to "getting legal advice to manage the entity correctly" as a legitimate expense of the entity. Though one other estate thing, if there are things in the estate earning income (stock dividends or the like), you'll need to file a Form 1041 to report the income (and if any of the income gets distributed before the estate dissolves, you report each beneficiary's share of said income for their tax return) if the total income is over $600. As for actual estate tax, normally unless you're in the millions you won't usually worry about it, but some states have their own rules (Pennsylvania has an "inheritance tax" that they apply to everyone).

Arsenic Lupin
Apr 12, 2012

This particularly rapid💨 unintelligible 😖patter💁 isn't generally heard🧏‍♂️, and if it is🤔, it doesn't matter💁.


I bought my house two years ago. A year ago I discovered that there is a serious defect in the house that may render it uninhabitable. I'm in the process of talking to a local contractor about how we can address the problem. There is reason to believe that the previous seller knew of the defect and did not disclose it.

I'm in the US. What kind of lawyer am I looking for? A contract lawyer? A real estate lawyer? Other?

e: For the record, I'm prepared to hear "You have a case, there's no point in pursuing it" or "You don't have a case". I just need to know.

Arsenic Lupin fucked around with this message at 04:39 on Oct 12, 2023

BigHead
Jul 25, 2003
Huh?


Nap Ghost
General type of lawyer. Google town + general lawyer and see what pops up. Or look for real estate lawyers and if whatever firm you call can't help you ask who they'd recommend.

A lot of states have a two year statute of limitations on stuff like that so it might be very important to talk to someone right away. Like, tomorrow.

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


Also if you used a realtor you were happy with, give them a thirty-second summary of the issue and ask who they’d go to.

Arsenic Lupin
Apr 12, 2012

This particularly rapid💨 unintelligible 😖patter💁 isn't generally heard🧏‍♂️, and if it is🤔, it doesn't matter💁.


Thank you both. Before I saw Jean-Paul Shartre's response, I had already contacted a general lawyer, who referred me to a specialist, and I have a meeting request out to him.

Ouch, this bandaid hurt.

Popete
Oct 6, 2009

This will make sure you don't suggest to the KDz
That he should grow greens instead of crushing on MCs

Grimey Drawer
Illinois Goon here.

I recently received a rather large medical bill (mental therapy) unexpectedly. I had submitted my insurance when I started mid-August and only received a statement last week (12 sessions in). When I called the billing department I was told my insurance plan was not accepted so I was switched over to a self-pay plan and billed. I am not disputing my insurance isn't accepted (it was never even sent to them) but I am curious what recourse I have. It seems this is a possible violation of the No Suprise Act as I never received any formal electronic/mail notification or statement (my therapist said he recieved a notification about invalid insurance early on and we briefly talked about it but I can't remember the details) saying I was not covered until I was billed.

Right now I am collecting the documents I need to submit the claim to my insurance myself but I am expecting they will not cover it. At that point I'm thinking if my provider still wants me to pay the full bill I'm thinking I should submit a complaint regarding the No Suprise Act?

Kalman
Jan 17, 2010

The No Surprises Act (mostly) only covers emergency surprise bills, not unexpected bills for non-emergency services.

https://www.consumerfinance.gov/ask-cfpb/what-is-a-surprise-medical-bill-and-what-should-i-know-about-the-no-surprises-act-en-2123/

Popete
Oct 6, 2009

This will make sure you don't suggest to the KDz
That he should grow greens instead of crushing on MCs

Grimey Drawer
That was something I wasn't sure about but when I called the No Surpise government hotline the person seemed to think it was worth submitting a claim.

My mental health provider also specifically talks about the No Surpise Act and that they say.

quote:

Under the law, health care providers need to give patients who either don’t have insurance or are not using insurance, an estimate of the bill for medical items and services.

Since my insurance was never billed I think that should mean I should have at least been given an estimate of coverage. They also say that bills for self play clients will be due at the time of service.

quote:

You are responsible for full payment on the date of your session (after the session is complete). You can then submit a claim to your insurance provider for direct reimbursement to you. You may receive no reimbursement or nearly full reimbursement depending on your plan.

I was never billed until 2.5 months after starting therapy when someone in their billing office noticed my appointments weren't being paid and the insurance they had on file was out of network.

If anyone can provide more info that would be great but also if you want to just direct to talk to an actual lawyer or file a complaint with either the federal No Suprises Act or the Illinois No Surpises Act that is fine too. I just don't know what kind of specialist lawyer I would talk to if it comes to that.

Withnail
Feb 11, 2004
1. My son was in a minor fender bender around 3 years ago. He rear ended someone at slow speed, there was negilibile damage to the other car. It was his fault obviously. We have full coverage insurance which paid for all everyone's auto damages.

2. Several months later we heard the 'victim' was pursuing a significant amount of money for personal injury. The insurance company told us they would handle it and we wouldn't have to do anything (except pay a lot more for insurance).

3. We just received (someone walked up to our door and handed to my other son) a District Court Summons saying (from what I can tell) that we were being sued for the car accident. The summons itself has no official signatures that I can tell but does list a local personal injury law firm along with the victim.

4. We called the inurance company and they said it was likely due to the statute of limitations coming up and that they hadn't settle the personal injury claim because the victim had not provided any medical documentation.

Does anyone have any relevant experience regarding our personal legal/financial exposure? I'm in colorado.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Withnail posted:

1. My son was in a minor fender bender around 3 years ago. He rear ended someone at slow speed, there was negilibile damage to the other car. It was his fault obviously. We have full coverage insurance which paid for all everyone's auto damages.

2. Several months later we heard the 'victim' was pursuing a significant amount of money for personal injury. The insurance company told us they would handle it and we wouldn't have to do anything (except pay a lot more for insurance).

3. We just received (someone walked up to our door and handed to my other son) a District Court Summons saying (from what I can tell) that we were being sued for the car accident. The summons itself has no official signatures that I can tell but does list a local personal injury law firm along with the victim.

4. We called the inurance company and they said it was likely due to the statute of limitations coming up and that they hadn't settle the personal injury claim because the victim had not provided any medical documentation.

Does anyone have any relevant experience regarding our personal legal/financial exposure? I'm in colorado.

The insurance company is legally obligated to provide you a defense and the attorney they've hired is defending you. They're going to be able to answer your specific questions.

It's not that I don't want to provide you info, but I just can't for your specific circumstances. Just get in contact with them, and they should be able to fill you in.

BigHead
Jul 25, 2003
Huh?


Nap Ghost
If you have been handed a summons you need an attorney right now. Call your insurance company today and ask if they are going to provide you one. If they aren't, get your own as soon as possible. There are very important deadlines that come into play once you have been served, and it could have serious consequences if you whiff those deadlines.

Withnail
Feb 11, 2004
Thanks, we will be in touch with insurance company more for sure to make sure we have a lawyer if there is an actual case. I've just never been sued before and it seemed odd being 'served' by handing some unsigned documents to a teenager not named in the suit. I'm guessing the whole thing is trying to compel the insurance company to settle a questionable claim.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Hypothetical: I go on to my local facebook buy-nothing group, and give away some beer that I don't want. I check the ID of the person who comes to get it, it looks legit, and we complete the deal.

What would my legal exposure be, if it turns out the ID was fake and/or the person gives it to an underage person, resulting in general badness and fuckery?

Tenebrous Tourist
Aug 28, 2008

I got divorced a while ago and part of the agreement was that I would keep our car and buy out their half of it. Do I need to pay tax on that during the title transfer? Thank you!

Arcturas
Mar 30, 2011

Withnail posted:

Thanks, we will be in touch with insurance company more for sure to make sure we have a lawyer if there is an actual case. I've just never been sued before and it seemed odd being 'served' by handing some unsigned documents to a teenager not named in the suit. I'm guessing the whole thing is trying to compel the insurance company to settle a questionable claim.

If you have been served a complaint, there is an actual case. You need to talk to the insurance company about getting a lawyer today, because the timer for getting an answer on file with the court has already started running and missing the deadline is really bad.

You're right that the whole thing is trying to compel the insurance company to settle, the insurance company is almost certainly right that it's a preserving-rights-in-the-face-of-the-statute-of-limitations thing, but at the same time you need to have them get you a lawyer asap to make sure an answer is filed in court. Once the answer is filed the time pressure is off and the lawyer and insurance company can do their thing, but the deadline is likely very real and very much approaching.

Withnail
Feb 11, 2004
Thanks. I just confirmed the insurance defense counsel will respond to the complaint on our behalf.

bird with big dick
Oct 21, 2015

I ANAL.

One of the tertiary people involved in my accident is essentially doing the same thing and it's because they want to settle within insurance limits for a relatively large amount of money (~100k) for what is probably a relatively small amount of injury. Like $1800 of car damage lead to tens of thousands in chiro visits. If you know anything about auto repair right now you know you can generate $1800 worth of body damage by accidentally hitting your car with a football.

If you never want to worry about stuff like this (and you have non exempt assets significant enough to warrant it) get whatever amount of car insurance it takes to then get a ~$2,000,000 umbrella policy.

Leperflesh
May 17, 2007

also chiropractic is pseudoscience bunk grift and it's infuriating that people are allowed to use it and demand payment for it as if it was legitimate medical treatment

bird with big dick
Oct 21, 2015

Leperflesh posted:

also chiropractic is pseudoscience bunk grift and it's infuriating that people are allowed to use it and demand payment for it as if it was legitimate medical treatment

Yeah it drives me nuts. You go on reddit in the car crash and legal advice subs and see people discussing car accidents and such a huge percentage of them immediately run to the chiropractor, it's practically automatic. I just want to say you know they're not doctors right did you see an actual doctor what did the doctor say

Leperflesh
May 17, 2007

it'd be like if the hospital pharmacy openly sold homeopathic treatments (like they do at walgreens and cvs, jesus christ)

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Leperflesh posted:

also chiropractic is pseudoscience bunk grift and it's infuriating that people are allowed to use it and demand payment for it as if it was legitimate medical treatment

Getting your back rubbed feels good omg wow medical breakthrough that'll be $500

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