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spacetoaster posted:UCIS folks are some stone cold sons of bitches. Get an immigration lawyer. The system for immigration is hosed up beyond belief and you are going to need one to get you through the system and understand it's bullshit.
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Apr 18, 2023 03:24
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The humor on this will be lost for people who aren't familiar with pool (billiards). Joe Rogan did an impression of Earl Strickland (pro pool player) and said "pool is a beautiful game played by ugly people" in Earl's voice during the impression. Earl never actually said that. Dr. Dave Alcatore is a guy with a doctorate in physics or something that puts out videos about the physics of playing pool and has a merchandise line. One of the things he has is t-shirts with a picture of Earl Strickland with the quote "pool is a beautiful game played by ugly people". Earl asked him to stop selling the shirts with his picture on it and Dr. Dave removed it from his site. All amicable and friendly. No hard feelings between any of the three parties. Legally speaking - can you put out merchandise with a photo of a celebrity if you own the rights to the photo with a quote that they never said? If I took a picture of William Shatner, could I put that picture on a t-shirt with the quote, "May the force be with you"? Not relevant to my question, but here is the video I mentioned. https://www.youtube.com/watch?v=4G0Gx8suAQs Skunkduster fucked around with this message at 03:44 on Apr 18, 2023 |
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Apr 18, 2023 03:39
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The words you’re looking for are “right of publicity” and the answer is jurisdiction dependent but basically always no.
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Apr 18, 2023 04:34
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Outkast got sued over their Rosa parks song
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Apr 18, 2023 07:14
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My mother who was a resident of Texas died during the summer of 2022. My brother and I, are her only biological children. My mother also has three step-children, from her late Husband. I do not live in Texas. Long story short the entire family has been in turmoil for many years. This person doesn't talk with this one, that person won't deal with that one. My mother was kind of the crux of the family turmoil. She was also extremely meticulous, she had an accountant and a lawyer that she worked with who were also her best friends. She was not wealthy by any means, but she liked to think that she was and handled her affairs as such. I know she had a will in her safety deposit box. She always said all her important papers were in her safety deposit box. I know nothing of the legal world, and quite frankly it scares the hell out of me. With the family turmoil, and not wanting to deal with the legal issues and not really caring about the money, I just kind of shelved it. Last week I spoke with two different family members. They both told me that they had some concerns that my brother hasn't been handling my mother's affairs correctly. It was a bit odd, as they were from two different branches of the family, and while they know of each other, they aren't exactly close family. This kinda got my spidey senses tingling. My brother has a felony on his record for financial crimes. He also served time for felony assault against me. So I did a modest amount of research, and learned that a probate court is the venue to handle such affairs. Doing a record search did not turn up a will, as my mother had never registered it with the court. However, earlier this year (2023) my brother put in a request to the court to get access to her safety deposit box, which was granted. That's where the paper trail ended, at least with my limited knowledge of knowing where to look. I don't really care about the money. I don't even know if she included me in it, but I know she had a will. I'm sure that there are people in the will (my kids) that I care about that should get what my mother wanted them to have. Taking everything into consideration, I've decided that I should make a stand. I know my next course of action is to hire a probate attorney to dig into everything. What are some of the things I need to be on the lookout for, or need to be doing to prepare for this potential fight? What are some realistic goals that I should have?
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Apr 18, 2023 09:04
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You specifically want a lawyer who does estate/fiduciary litigation. A couple of good questions: 1. Does TX have a statute that allows heirs of a decedent to demand an accounting from the agent of a POA the decedent signed? 2. Can we use a recent past tax return to see all of her assets that issued a 1099 then see if any of them had beneficiaries or joint owners added after she was under brother's undue influence? 3. What's the statute of limitations for breach of fiduciary duty and fraud claims mom's estate has against brother, and is it tolled before an executor is appointed? 4. What's the statute of limitations for beneficiaries bringing breach of fiduciary duty claims against the executor? 5. Can you confirm no executor or administrator has been appointed yet? 6. Can you confirm no real estate has been retitled yet? 7. Can you investigate if brother's convictions were for fraud or a "crime of moral turpitude"? 8. Can we report to her financial institutions that she has passed? 9. Do undue influence cases permit shifting of attorney's fees in TX? 10. If there is an executor or administrator already, is there a surety on their bond? You'll have a much healthier understanding after these are addressed. Feel free to report back how it resolves itt, and good luck! Nonexistence fucked around with this message at 17:29 on Apr 18, 2023 |
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Apr 18, 2023 11:47
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don't post anything your lawyer tells you here
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Apr 18, 2023 17:11
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EwokEntourage posted:don't post
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Apr 18, 2023 17:16
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EwokEntourage posted:
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Apr 18, 2023 17:18
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EwokEntourage posted:don't
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Apr 18, 2023 18:44
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post anything your lawyer don't tells you here
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Apr 18, 2023 19:07
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EwokEntourage posted:
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Apr 18, 2023 19:31
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Oh heck, they got this all wrong again.EwokEntourage posted:don't post? anything your lawyer tells you, here!
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Apr 18, 2023 19:32
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To add to what Nonexistence said, you want a lawyer in or near the place she lived, not wherever you are. And those are all questions you can ask your lawyer, not questions you need to research the answer to before finding the lawyer. This type of situation is specifically what layers are for.
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Apr 18, 2023 20:22
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Lawyers are like onions
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Apr 18, 2023 20:56
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BigHead posted:To add to what Nonexistence said, you want a lawyer in or near the place she lived, not wherever you are. And those are all questions you can ask your lawyer, not questions you need to research the answer to before finding the lawyer. oh, if we're talking layers, I'll go fetch toona
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Apr 18, 2023 20:58
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Nice piece of fish posted:Lawyers are like onions They taste better fried?
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Apr 18, 2023 21:18
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EwokEntourage posted:oh, if we're talking layers, I'll go fetch toona Lol
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Apr 18, 2023 21:29
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Nice piece of fish posted:Lawyers are like onions Responsible for a serious Hep A outbreak? That’s a pretty rude thing to say about Toona.
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Apr 18, 2023 23:33
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Nice piece of fish posted:Lawyers are like onions Cutting them in half results in tears?
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Apr 19, 2023 00:54
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Kalman posted:Responsible for a serious Hep A outbreak? That’s a pretty rude thing to say about Toona. Someone hasn’t learned their HepA, HepB, HepCs.
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Apr 19, 2023 01:25
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Nice piece of fish posted:Lawyers are like onions Part of the trinity
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Apr 19, 2023 01:57
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Crossposting a question here on the very friendly advice of the above poster. Partner is considering bankruptcy on the advice of a lawyer due to her criminal ex husband wracking up huge amounts of debt in their name, potentially lots more she doesn’t know about. Partner has no debt and pretty standard assets (savings, 401k, vehicles) for a middle aged person. Lawyer makes it seem like it’s not a huge deal, but feels like something that means we’ll never be able to buy a house in the future?
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Apr 19, 2023 02:26
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by "partner" do you mean actual partner in a legal marriage or business or just a person you hang out with a lot (legally speaking)
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Apr 19, 2023 02:36
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Yorkshire Pudding posted:Crossposting a question here on the very friendly advice of the above poster. If any of that is debt he signed her up for without her participation or knowledge, such as credit cards or loans he signed up for without her knowledge using her info, then she would not be liable for them but would need to file a police report for identity theft in order Tom get out of it.
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Apr 19, 2023 02:41
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Hieronymous Alloy posted:by "partner" do you mean actual partner in a legal marriage or business or just a person you hang out with a lot (legally speaking) Romantic partner, not married. therobit posted:If any of that is debt he signed her up for without her participation or knowledge, such as credit cards or loans he signed up for without her knowledge using her info, then she would not be liable for them but would need to file a police report for identity theft in order Tom get out of it. It was an incredibly abusive relationship and she was forced into some “hey sign this real quick, now” type stuff. There was also some forgery. It will be very hard to prove which was which 7 years after the fact. The latest incident was her discovering she’s getting her wages garnished for an apartment lease he signed in a different state. They never contacted her about it, she found out when she looked at a recent paycheck. She and her lawyer’s reasoning is “there’s no way of knowing how much of this stuff is out there. This will get rid of it”. My concern is that it will basically make her, and by extension us, intelligible to do any sort of loans or financing for 5-10 years. Yorkshire Pudding fucked around with this message at 02:53 on Apr 19, 2023 |
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Apr 19, 2023 02:49
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Nice piece of fish posted:Lawyers are like onions When you find them in bars, they are pickled and soaked in booze? So I have an Alex Jones question. Would the level of scrutiny his fiances are under by the bankruptcy court possibly spot tax fraud? And if it does, is that something the court would pass on to the IRS?
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Apr 19, 2023 02:51
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Yorkshire Pudding posted:Romantic partner, not married. The lawyer might not be wrong retrospectively, but what about going forward? If this guy's still out there signing her name to poo poo that's not gonna stop unless he's behind bars.
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Apr 19, 2023 02:54
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Hieronymous Alloy posted:The lawyer might not be wrong retrospectively, but what about going forward? If this guy's still out there signing her name to poo poo that's not gonna stop unless he's behind bars. He is, and will be for a very long time.
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Apr 19, 2023 03:03
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Yorkshire Pudding posted:My concern is that it will basically make her, and by extension us, intelligible to do any sort of loans or financing for 5-10 years. I bet I know who can answer this question for you - and he's already on retainer!
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Apr 19, 2023 04:16
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If you hired a bankruptcy lawyer though they basically have one tool, a hammer, and they see every problem as one that can be solved with a good hammering. e: also if she's filing a chapter 13 bankruptcy it means she's on the hook for potentially 60 months worth of payments. So she's not going to be able to get a loan for at least that timeframe. sullat fucked around with this message at 05:36 on Apr 19, 2023 |
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Apr 19, 2023 05:31
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When did she divorce him and/or last sign anything for him? Is he in jail for fraud/identity theft? As for “there’s no way of knowing how much of this stuff is out there. This will get rid of it”. - have you gone through credit reports and made sure they're accurate?
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Apr 19, 2023 07:38
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I have the TikTok credit fraud trend but there is a time and place to just dispute every and request they validate the debt and it sounds like that is where she is and right now. If she’s getting garnished there had to be a law suit. Was she properly served? Did she have a chance to dispute the facts? I would echo the poster above me who is saying she needs to get copies of her consumer reports and figure out what she owes and what isn’t her. Anything she signed for should have paperwork they can provide to back it up. If they can’t produce it or it’s not her signature then they can’t collect. Also, if it’s been seven years most of those debts are uncollectible anyway unless she’s been sued and had a judgement against her that they have been renewing. Which again, did she get proper service? She is also t the first or then only person this has happened to. I’d wait and see which creditors can come up with a valid signature before deciding I was bankrupt.
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Apr 19, 2023 09:12
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What state is she in? If he's committed or been convicted of identity theft she might have rights as a crime victim. Washington, for example, has a statute that lays out what she can potentially do, WA RCW 9.35.040. That type of statute might give her some other options to discuss with the lawyer. Also here's a capitalist answer but maybe if the two of you want a house you could not marry her and buy the house in your name, thus avoiding her credit score (and income) entirely from the equation. That's pretty brutal but worth talking to the lawyer about.
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Apr 19, 2023 15:11
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I feel like half of my posts in this thread are just wtf America but here's another one: I'm always amazed/confused by how little American law seems to care about de facto relationships compared to marriage. Does the law really not give romantic partners who are sharing their lives together many rights unless they sign the piece of paper? Over here if you're in a long-term living together partnership it really doesn't make much difference at all if you did the ceremony or not.
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Apr 19, 2023 15:17
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There's a lot of stuff anti-welfare type stuff behind it.
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Apr 19, 2023 15:19
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As people have pointed out, her credit report is totally clear, but she got hit with a $10,000~ wage garnishment for a place she go-signed on like 7 years ago. So now she’s panicking because she doesn’t know what else is out there. On one hand she has now had 2 lawyers tell her to declare bankruptcy, on the other hand it’s been 5 years since divorce, so I feel like if he had debts or whatever they would have popped up by now. With this lease, it’s clear that she co-signed, and even if it was under duress (which the law doesn’t care about) it’s totally fair for her to be on the hook since the primary signer didn’t pay up. BigHead posted:What state is she in? If he's committed or been convicted of identity theft she might have rights as a crime victim. Washington, for example, has a statute that lays out what she can potentially do, WA RCW 9.35.040. That type of statute might give her some other options to discuss with the lawyer. Yeah we’ve talked about that. But I’d rather just…not have that happen. Trapick posted:When did she divorce him and/or last sign anything for him? Is he in jail for fraud/identity theft? As for “there’s no way of knowing how much of this stuff is out there. This will get rid of it”. - have you gone through credit reports and made sure they're accurate? Divorce was 4~ years ago, which would be well after she last signed anything. The big thing is this judgement against her for breaking a lease. That was in 2017~, and she had that judgement against her without ever being served. No notice, no court date, just a sudden deduction for her paycheck with a document by the judge with the ruling. And we’ve gone through credit stuff, and there’s nothing there. She even had a judgement when he was arrested and taken to jail because she had to leave their rental because the cops were like “he could get bailed out and we can’t protect you”, so she cut the lease short, with landlord’s approval, but had a “reclamation of property” charge or something. We disputed that and got it removed, but before last year she didn’t even know it existed.
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Apr 19, 2023 15:34
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why don't you get your lawyer to challenge the garnishment?
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Apr 19, 2023 15:46
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Organza Quiz posted:I feel like half of my posts in this thread are just wtf America but here's another one: I'm always amazed/confused by how little American law seems to care about de facto relationships compared to marriage. Does the law really not give romantic partners who are sharing their lives together many rights unless they sign the piece of paper? Over here if you're in a long-term living together partnership it really doesn't make much difference at all if you did the ceremony or not. American law is state-by-state. Many states have “common law marriage” or other concubinage/cohabitation laws that create a legal quasi-marriage after a certain amount of time together. It’s complicated.
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Apr 19, 2023 15:48
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Yorkshire Pudding posted:As people have pointed out, her credit report is totally clear, but she got hit with a $10,000~ wage garnishment for a place she go-signed on like 7 years ago. So now she’s panicking because she doesn’t know what else is out there. Look I don’t want to second guess her lawyer but $10k is not worth filing bankruptcy over. Did she actually co-sign on this one or not? If she wasn’t served and didn’t sign it or did not get notified of the debt then it can be unwound. I bet some amount of that is late fees even if it is a valid debt and if she gets the judgment unwound then they may be willing to negotiate once the judgment is vacated. Yes, it’s possible thee is other stuff out there but at this point if it’s not on her credit and she’s not aware of it it isn’t likely to pop up again.
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Apr 19, 2023 15:53
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