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Converting ok. I assumed it was in addition.
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Feb 21, 2024 09:30
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E; the post I replied to made no sense until I made a smartass comment and then it cleared up. Win some, lose some.
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Feb 21, 2024 14:20
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Legal Questions thread: I made a smartass comment and then it cleared up. Win some, lose some.
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Feb 21, 2024 19:55
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blarzgh posted:You generally always have to sue civilly for damages, whether the individual or the estate. Restitution can and is often ordered even in a prison sentence in California. It is very useful because it is non-dischargeable. While the court can punish you for not paying, if able to pay, on probation or parole, once the court loses jurisdiction over you, it converts into a non-dischargeable civil debt. It is quite common in CA.
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Feb 21, 2024 20:11
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In the Trump case I believe the companies in question are already under a court-appointed administrator so avenues to prevent collection are further limited.
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Feb 22, 2024 00:50
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Cross-posting this from BFC because I forgot about this thread:Kaiser Schnitzel posted:I don't see a small business thread anywhere so I guess I'll ask here. I'm a tiny business owner looking to hire my first very part-time W-2 employee. I've had a buddy help me for years but he was always happy with a 1099 so I've never had to navigate all this stuff. I've got a local payroll company handling all the payroll, I-9/E-Verify/state new hire reporting stuff and have gotten worker's comp coverage (not actually required for me in my state at my small scale, but I definitely need it). I'm in an at-will, very employer-friendly red state. Do I need a written contract with this employee? Or is saying 'I'm paying you $20/hr, fill out this W-4' sufficient? It's been forever since I had a W-2 kind of job and can't remember what's normal. If contract, is any randomly googled 'free employee contract form' fine? It's like 10 hrs a week maybe, no paid benefits/vacation/sick/personal time. It seems like even if no contract is technically required, both of us signing a piece of paper where we agree that he's getting paid x/hr, no benefits, either of us can terminate the employment at any time seems good just to make sure our expectations match.
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Feb 22, 2024 02:17
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I’ll take the job, when can I start? Thank you Kaiser Schnitzel God bless you I’ve had a run of bad luck lately but I really think this job could be key in helping me get back on my feet.
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Feb 22, 2024 03:55
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Offer…acceptance…meeting of the minds…ladies and gentlemen, we have joinder
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Feb 22, 2024 12:48
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A friend mentioned he’s “pretty much the executor” of his friend and former roommate. Is just assuming the role of executor of an estate a possibility for non family member? It sounded like the kids and survivors were all good with it, but I feel like this is opening yourself to incredible liability both criminal and civil. Won’t there come a point in time when he have to commit fraud signing something or is it possible to just skate through it if no one complains or notices?
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Feb 24, 2024 00:35
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some_admin posted:A friend mentioned he’s “pretty much the executor” of his friend and former roommate. Is just assuming the role of executor of an estate a possibility for non family member? It sounded like the kids and survivors were all good with it, but I feel like this is opening yourself to incredible liability both criminal and civil. Won’t there come a point in time when he have to commit fraud signing something or is it possible to just skate through it if no one complains or notices? If you die with no family, no one can be executor of your will, and you get to take it all with you. Pharaoh discovers this one weird trick. Descendants hate him!
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Feb 24, 2024 00:44
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some_admin posted:A friend mentioned he’s “pretty much the executor” of his friend and former roommate. Is just assuming the role of executor of an estate a possibility for non family member? It sounded like the kids and survivors were all good with it, but I feel like this is opening yourself to incredible liability both criminal and civil. Won’t there come a point in time when he have to commit fraud signing something or is it possible to just skate through it if no one complains or notices? This only works if he has a gold-fringed US flag in his bedroom and agrees to be subject to the law of admiralty.
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Feb 24, 2024 01:02
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some_admin posted:A friend mentioned he’s “pretty much the executor” of his friend and former roommate. Is just assuming the role of executor of an estate a possibility for non family member? It sounded like the kids and survivors were all good with it, but I feel like this is opening yourself to incredible liability both criminal and civil. Won’t there come a point in time when he have to commit fraud signing something or is it possible to just skate through it if no one complains or notices? So what are the possibilities? The will names a executor(the friend), or it doesn't/there is no will? The only thing that matters is that point is what the state courts will decide. Unless you are saying the deceased family all collectively agreed to let your friend divide the estate in which case lol get that in writing.
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Feb 24, 2024 01:08
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Only the court can appoint an executor, if that hasn't happened it's fraud/identity theft all the way down. Financial institutions, title companies, the dmv, etc. won't provide anything without proof of court appointment. Anything he can accomplish absent that through login credentials or untitled documents like cash or personal property is fraud and can be undone.
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Feb 24, 2024 02:14
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some_admin posted:A friend mentioned he’s “pretty much the executor” of his friend and former roommate. Is just assuming the role of executor of an estate a possibility for non family member? It sounded like the kids and survivors were all good with it, but I feel like this is opening yourself to incredible liability both criminal and civil. Won’t there come a point in time when he have to commit fraud signing something or is it possible to just skate through it if no one complains or notices? I'm not a lawyer but probate attorneys typically (if not always) take their fees from the state, and in most states they're capped at a few percent of the estate value. At minimum, they can assist with your friend being properly appointed executor, which makes much of this work a lot easier. If it's a small estate, some states have a streamlined process that a probate lawyer can probably advise on too. Having been an actual executor of an intestate estate, I wouldn't touch this situation with a ten foot pole without a lawyer.
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Feb 24, 2024 07:36
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Yeah, I think I need to figure out how to mention this to him and get it sorted legally. He may have had POA, but I know there was no will. I don’t think there was much of an estate, no real property, but no matter. I’ll how to let him know he really needs to have this done correctly or he could be on the hook. Sucks, he’s still grieving; they were friends since high school 1969 , roommates for last 17 years. Ugh. I’ll also get him an admiralty flag, got to have a plan B! No seriously though, I think he is seeing this like he is “helping” by getting it done quickly and “staying out of court”. He feels like he needs to help his deceased friend with his affairs and doesn’t realize the implications. Argh. I knew it was an issue as soon as the words left his mouth. My SO (attorney) was executor for mom, and I don’t remember anything about it being casual.
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Feb 24, 2024 14:55
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POAs expire at death and this suggests he simply hasn't reported the death to financial institutions, so yeah fraud. Bonus points since most state's POA statutes will make him reimburse attorneys fees to an opposing party if he gets sued for this.
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Feb 24, 2024 15:29
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some_admin posted:Yeah, I think I need to figure out how to mention this to him and get it sorted legally. He may have had POA, but I know there was no will. There aren't too many times it is more urgent you get a lawyer then when someone is insisting you don't need a lawyer or trying to keep the courts out of it.
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Feb 25, 2024 21:46
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I don’t know anything, but is there any chance “they were roommates” and may have had arrangements they didn’t want to share with you?
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Feb 26, 2024 01:03
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i like nice words
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Anne Whateley posted:I don’t know anything, but is there any chance “they were roommates” and may have had arrangements they didn’t want to share with you? I doubt it, also long term girlfriend… but who knows. But really though it feels like the mythical “shortcut to save everyone trouble/stay out of probate”. Not a big estate either so hopefully no one gets mad later. Well. I made it known I was concerned, and he should think twice again before doing anything else talk to an attorney. Sheesh. 🙄
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Feb 26, 2024 17:14
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Total hypothetical, as my father is still alive to my knowledge, but would I be able to decline part of an inheritance? If I got willed both money and a bunch of dumb crap like useless furniture, can I say yes to the money and no to the furniture, or is it all or nothing? Does it matter if my siblings are willing to take the furniture? Second question, probate happens in the state where the deceased died, correct, even if they have multiple residences? If so this hypothetical takes place in Montana, USA. Or is one residence subject to State A's laws while other residences/property are subject to State B's laws?
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Feb 26, 2024 17:20
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some_admin posted:But really though it feels like the mythical “shortcut to save everyone trouble/stay out of probate”. The choice of who is the executor will have no bearing on whether an estate has to be probated. That will depend on how large the estate is, whether it has any real property, etc. sephiRoth IRA posted:Total hypothetical, as my father is still alive to my knowledge, but would I be able to decline part of an inheritance? 26 CFR § 25.2518-3 goes over the IRS rules for disclaimer of less than an entire interest. Severable property is one such category. So yes, if local laws allow. sephiRoth IRA posted:Second question, probate happens in the state where the deceased died, correct, even if they have multiple residences? If so this hypothetical takes place in Montana, USA. Or is one residence subject to State A's laws while other residences/property are subject to State B's laws? No, where somebody physically dies is irrelevant. You're going to probate the bulk of the estate where the deceased was residing when they died. You can own multiple homes but you cannot have multiple residences. Like, you can only be registered to vote in one place. Real estate in other states may have to be probated separately in those states. Ideally, an estate that large and complex would have a trust set up to avoid probate entirely, though. Muir fucked around with this message at 17:54 on Feb 26, 2024 |
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Feb 26, 2024 17:46
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sephiRoth IRA posted:Total hypothetical, as my father is still alive to my knowledge, but would I be able to decline part of an inheritance? Maybe.
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Feb 26, 2024 17:52
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Nice piece of fish posted:Maybe. Classic lawyer answer. See also: "It depends"
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Feb 26, 2024 17:59
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B33rChiller posted:Classic lawyer answer. The real skill in lawyering is knowing when to use the one or the other. And that’s a fact-specific inquiry.
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Feb 28, 2024 08:28
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It’s res nova. There are valid arguments on both sides and the caselaw is all over the place.
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Feb 28, 2024 13:51
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for those at home, "res nova" means "generates attorney's fees"
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Feb 28, 2024 17:52
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My mom was executor of Dad's will. It took months just tracking down and notifying TIAA, social security, and random other stuff. You're also required to pay all the dead person's debts out of the estate, and if they haven't kept records, have fun. E: elapsed time, not constant effort. Arsenic Lupin fucked around with this message at 18:08 on Feb 28, 2024 |
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Feb 28, 2024 18:06
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Arsenic Lupin posted:My mom was executor Did you say "en taro adun"? It's traditional.
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Feb 28, 2024 18:09
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some_admin posted:I doubt it, also long term girlfriend… but who knows. But really though it feels like the mythical “shortcut to save everyone trouble/stay out of probate”. Not a big estate either so hopefully no one gets mad later. Well. I made it known I was concerned, and he should think twice again before doing anything else talk to an attorney. Sheesh. 🙄 If your friend wants to help, he can totally help whoever the actual executor is (if not an attorney) by doing a lot of the legwork and getting things put together for the executor to sign or make a list of ‘call this bank, here’s the account number, here’s a copy of the death certificate’ etc. My mom was the executor for her father’s complicated estate and the executor for a cousin and has been through the process a few times. She’s currently helping her aunt (who is her deceased husband’s executor) with her uncles estate by tracking stuff down and getting things organized, but not signing documents. It’s a lot of work.
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Mar 2, 2024 15:24
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E: wrong thread, was supposed to post in the secret law thread.
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Mar 2, 2024 15:55
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sephiRoth IRA posted:Total hypothetical, as my father is still alive to my knowledge, but would I be able to decline part of an inheritance? Unless this is going to be a hugely contested and formal situation this is likely way more of a family politics question than a legal question. If you don't want the thing and nobody else does, just see if people are cool with disposing of it with the other stuff that inevitably needs to be disposed of. If it's worth money there are companies that will deal with it for you and take a cut. If it's not, then paying a junk company is a small cost but you can potentially share that cost if there's other stuff or you may be able to donate. Like, the thought process here is: 1) if I say I don't want it will everyone just roll with it? If so, cool 2) can I work with these people to negotiate if they don't roll with it 3) if negotiating about it doesn't work is it worth the effort of arguing about it and any ongoing family drama even if I'm right The only time the legality will matter is if you get to question three and think "yes this is worth the drama" Then you get to 4) is this worth the time to argue about the legality knowing that if I'm having to argue about the legality it's likely already a drama bomb That being said, I understand that some families have people where this may not be avoidable, but in that case it's likely better to just take the stuff and dispose of it yourself and not engage with those people, unless there are significant money concerns on your side.
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Mar 2, 2024 22:06
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I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go.
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Mar 2, 2024 23:37
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Javid posted:I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go. Edit: they're pretty heavy and low$ value, high sentimental "somebody not me should save this in the family" value. See also: upright pianos. B33rChiller fucked around with this message at 00:29 on Mar 3, 2024 |
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Mar 3, 2024 00:12
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Stuff like that is squarely in the realm that an auction house will happily turn into money for you, though.
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Mar 3, 2024 00:17
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Javid posted:I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go. From experience: an aging and unruly parrot. It had lived with my grandmother for 40 years or more, all the uncles and aunts couldn’t bear the idea of ditching it or selling it (if anyone would buy it) but no one actually wanted to make space for a screaming parrot that required daily care. The youngest uncle finally took it, mostly from pressure from the older siblings and because he has lived with it most recently so it shouted his name. It took ten more years to die.
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Mar 3, 2024 00:30
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Javid posted:I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go. Corpses.
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Mar 3, 2024 06:26
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Javid posted:I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go.
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Mar 3, 2024 06:57
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Arsenic Lupin posted:Mahogany china cabinet. And the boxes of "fine china" that goes with it.
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Mar 3, 2024 08:33
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Boat
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Mar 3, 2024 19:36
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Javid posted:I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go. boxes of used novelty Christmas ornaments. Extremely "nostalgic", but largely impossible to use because there are so many, and utterly worthless in terms of cash. No one wants to be the rear end in a top hat to say "trash em", but no one wants them either.
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Mar 4, 2024 06:11
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