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    Sunday, September 5, 2021

    Legal Advice My mom had $700 dollars in her account when she died...

    Legal Advice My mom had $700 dollars in her account when she died...


    My mom had $700 dollars in her account when she died...

    Posted: 05 Sep 2021 04:19 AM PDT

    As the title reads, my mom had $700 dollars in her bank account at the time of her death, but she owes thousands to at least 13 creditors including over $1000 to Chase after they repossessed her car when she passed and sold it at auction.

    Her personal effects were of little to no value (most were donated to Goodwill) and she was on renters assistance when she had to go into hospice care.

    I have been contacted by one creditor offering to "help settle" her estate in terms of the money she owes them... but with only $700... and the thousands she owes, it seems ridiculous to send all of that remaining money to one of them - or even to break it up and send $53.84 to all 13 of the creditors leaving me with nothing to help cover the after-death expenses (cremation and whatnot).

    So... can I just blow these people (companies) off and not respond? Will they be able to find out about the $700 bucks and come after me?

    I am not a co-signer on any of her accounts, there was no Will and as her estate is so meager, there won't be any sort of probate. I am the sole surviving heir.

    Thanks in advance for your guidance.

    submitted by /u/IndyO1975
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    Someone’s payoff was wired to my mortgage (TX)

    Posted: 05 Sep 2021 05:48 AM PDT

    I woke up on Monday to my mortgage payment made plus an additional 150k in principal reduction, but neither came from me. I've read there's not a lot of recourse for a posted wire transfer, as nice as it would be I'm not getting my hopes up on keeping it..where does the liability fall here? Does the mortgage company reverse the transfer? Or are they on the hook for the misplaced money? Did I get crazy lucky?

    Edit for clarity: I notified the mortgage company first thing Monday morning. The lady on the phone didn't provide much info beyond they'll look into it and as of today it is still posted on my account which is why I ask.

    submitted by /u/forshamex2
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    I gave my partner 12 weeks of my parental leave, and now we've broken up and he says he won't pay me back

    Posted: 05 Sep 2021 06:03 AM PDT

    This is my first time posting, I live in Canada. I was with my partner for almost 2 years, we have an almost 5 month old together. After he was born my partner stopped working, because he wanted to move to PEI. It took us longer to move there due to our baby having some health issues. He asked if he could have some of my parental for bills and then he would pay for everything once we got to pei for those 3 months. Fast forward to last week, he took a trip there to take our stuff there, ended up seeing his ex which his relationship has caused a lot of issues for us. He came back we went to PEI together. I end up finding out he slept with his ex while he was there. I told him I need that money back because now I'm going to have to go to work 3 months earlier. He said he couldn't do that. He said to sell whatever I can to get the money back.

    Is there anything I can do to get those 12 weeks back from him?

    Sorry for the rambling, I still just can't believe all of this is happening and I'm now a single mother.

    submitted by /u/Alive_Top_5213
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    When I die, will my wife be left with my student loan debt? TN

    Posted: 05 Sep 2021 11:16 AM PDT

    Just found out I very likely have an incurable cancer. We have credit card debt if like 18k together. But I also have like 50k in student loans. Will my family be responsible for that too? Because I don't think my wife would ever be able to recover from that on top of every else and I'm worried about her mental health after I'm gone. Is there anything I can do now to prevent her from inheriting that debt?? It's a federal loan, if that matters.

    I'm young. Never thought I'd need life insurance at this age. I see now that was probably a stupid notion.

    submitted by /u/Maleficent-Drama5973
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    Sons father says I gave up rights to my son

    Posted: 05 Sep 2021 07:16 AM PDT

    So a little back story. We are from California. When my son was little my ex and I went to court to fight for custody of him. I got full custody with my ex getting visitation rights. When my son got older he asked of he could live with his grandparents, my exs parents. Which I allowed because that seemed like something he really wanted and they have way more money than me and they could give him a better life than I could. So he has been with them for 4 years now. We never went back to court or got any new order of custody. So last year my husband was able to find a really good paying job in Colorado that would allow us to really give the children a good life instead of the one we had in California where we were struggling having to chose between food or bills. They refused to let my son come and visit and sometimes would even take his phone so we couldn't communicate. Fast forward to today and I came back to California to stay with family for a bit to visit and they allowed my son to come see me. He told me last night that his father said because I moved from the state I gave up rights to my son and that he doesn't have to allow my son to come and see me out of state. The only thing that was court ordered in my paperwork says was that I wasn't allowed to move my son out of state. My son also said that his father already told the state I moved. Is he right? Did I pretty much give up rights to my oldest just because I moved? Oh my so is 14 if that makes any difference.

    submitted by /u/georgie873
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    My roommates boyfriend believes he is entitled for money for helping fix the house

    Posted: 05 Sep 2021 05:22 AM PDT

    My roommate (29F) owns her house (we're in North Carolina). She recently broke up with her boyfriend (39M) and has given him 2 months to leave. He hasn't paid rent in over 6 months due to losing his job. Their relationship became toxic, as she was covering all the expenses and he was sitting around.

    She bought the house a few years ago and they moved in together. His dad is a family lawyer. He paid for them to get a new AC unit and fence outside. He was under the impression from his son that his son also owned the house. My roommate who owns the house did not know this but is completely willing to pay his dad back for everything.

    The ex helped remodel the house with her. They added new flooring, put in a new deck, along with a couple bathroom remodeling. Etc.

    The ex pays $450 a month everything included and the mortgage alone is over $1000. She also rented him a photography studio and spent tons of money on him.

    Now that she's actually giving the ex a notice to vacate, his dad (lawyer) had mentioned that she OWES HIM MONEY for "sweat equity" for the work he put in on the house. But they both did the work, and he didn't pay for materials. Even though he hasn't paid rent in months, is he actually entitled to be paid for helping fix stuff while he lived here?

    submitted by /u/Zealousideal-Trip435
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    Will my employer be able to sue me if I resign immediately?

    Posted: 05 Sep 2021 11:48 AM PDT

    I'm planning on resigning from my current position immediately without providing my employer with 2-weeks notice, but I'm also worried about the potential of being sued for breach of contract.

    My contract states "Either party may terminate this Agreement for any reason or no reason upon giving fourteen (14) days' prior written notice to the other party." Clearly I'd be breaching this clause if I were to resign immediately without notice.

    However, the offer letter (signed & returned by me and my employer) states "Your employment with... will be on at-will basis, which means you and the company are free to terminate the employment relationship at any time for any reason."

    I was hoping these can be viewed as conflicting statements and would provide me with a defense in court. But does my contract override the terms of my offer letter? Is the offer letter even legally binding? It's not implicitly stated within the document.

    [I am located in NY but working remote - company is based in GA]

    Relevant terms of contract: https://imgur.com/a/4WQiDO0

    Any and all help would be appreciated, thanks!

    submitted by /u/Flysosceles
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    [OR] Is it legal for me to transfer or withdraw all available money from a joint bank account that was made with my parents before I was 18?

    Posted: 05 Sep 2021 01:43 PM PDT

    I am over 18.

    It is filled with my savings from my work. If I am able to remove it all with a cashiers check or transfer it all, would they have any legal claim on it as they technically hold joint ownership over the account? All money was earned through work or given as gifts, it is my personal account. Would they be able to take me to small claims court? the amount is over 5k.

    submitted by /u/openqueer
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    Is this perjury? Petition of divorce

    Posted: 05 Sep 2021 01:32 PM PDT

    My wife lied in her petition of divorce stating we were separate and apart for over 6 months. When the divorce was filed in January but she left in December.

    Is there anything I can do with this information? I do have over whelming evidence to show otherwise from her statement .

    It doesn't matter the six months have passed now. I am asking about the fact that she lied in the paperwork that started our divorce. I don't know if this is correct but I believe it's under oath Or sec 1-109 I believe is also under oath.

    I've read she could be in contempt of court or I could either delay or have the entire divorce restarted.

    Chicago Illinois.

    submitted by /u/SloshedJapan
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    Tenant here. Landlord passed away. Now two parties of his relatives claim they have succession rights. Don't who to pay rent to. What should I do?

    Posted: 04 Sep 2021 02:16 PM PDT

    Recently he has passed away and now there are two parties from his family both

    Here's a bit of a backstory from what I know about the landlord that's been the owner of the property that I am living in. He's been divorced and living by himself for years until death.

    Now both his divorced family and his brother are fighting for claims for the property. They both came at different times asking for rent and giving us a lawyer letter. We have asked them to have a talk with each other but both refuse and call each other fakes. We have also asked if they have documents for proof of ownership or succession rights, but they refuse and threaten to evict us.

    Edit: I live in California, US

    submitted by /u/freefruittree
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    Bought a house in Michigan with a dumpster on it. The dumpster belongs to waste management, but we have called them many times and after almost a month they still haven't taken it, and we need it gone. What are our options, at what point can we have another company take it because they won't?

    Posted: 05 Sep 2021 09:27 AM PDT

    Just for clarification this is a big ol 40 yard dumpster, it also was originally another trash company's, but they got bought by waste management.

    submitted by /u/Farmer_evil
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    Stalker selling his house before trial. I believe he is intending to flee. (VA)

    Posted: 05 Sep 2021 01:31 PM PDT

    I have a stalker whom I am taking to court this week on charges of stalking and harassment, as well as seeking a permanent protective order against. He pretty much incriminated himself HEAVILY via social media, email, and text, all instances of which I have printed out copies to present as evidence to the court. One of the instances even involved a death threat towards me. He has since deleted his social media (as well as the fake account that he used to send me a friend request after I blocked him).

    Here's the thing: so I receive notifications from Zillow regularly about houses for sale/rent in the area. 3 days after the arraignment hearing, I got a notification that the stalker's house was up for sale. 4 days later, the house was listed as under contract (in the process of a sale). I also heard through the grapevine that he's been having yard sales almost every day in an attempt to sell everything in his home. He has also evicted all of his room mates that lived there.

    At this point, I can only assume he's doing this because he's had prior charges of stalking/protective orders put out against him by 3 other women in the past and is now afraid that he could be facing jail time so he's planning to flee. The guy's a heavy alcoholic and amphetamine addict, so I reckon he also doesn't want to go without them in case he is sentenced.

    Here are my questions:

    1. If he's absent at the trial, should I notify the court that I know of him selling his house?

    2. If he's absent at the trial, can the judge still grant me a permanent protective order, especially considering all the evidence I have?

    Any help or advice on this matter would be immensely appreciated.

    Edit: One other thing, the house has only been under contract for about 2 weeks and the trial is set for Thursday the 9th, so I believe it's safe to assume that he doesn't have the time to finalize the sale before trial. Hence, it wouldn't make sense for him to appear in court when he knows there's a high probability that he'll go to jail.

    submitted by /u/ThrowawayBPDStalkee
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    Lived in NY for 4.5 years as an int’l student several years ago but never filed taxes. What to do now?

    Posted: 05 Sep 2021 11:53 AM PDT

    I lived and studied in NY as an international student and returned to my home country in 2019.

    I had no idea, until recently, that I had tax filing obligations. Apparently every international student (F1 visa) has to file a form 8843, even if they earned no income.

    In my final year living in NY, I did earn income (minimum wage + overtime) for several months. It wasn't much so I assumed I was below the threshold to have to file federal or state taxes.

    But, I've read that everyone on an F1 visa has to file tax returns, irrespective of the amount of income.

    I've been back home for several years so I have no idea what to do about not having filed any taxes.

    How do I go about making it right? If there is anything to make right?

    I'm fairly certain I don't owe any money (didn't earn enough), but I'm entering the legal profession in my home country and they do pretty extensive background checks. Just don't want any black marks anywhere.

    submitted by /u/Objective_Grape
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    Religious discrimination in from an interview

    Posted: 05 Sep 2021 01:12 AM PDT

    So I had an interview a couple of days ago in Utah that I thought went great. The manager and I were chatting and things felt easy. A little bit into the interview I got asked about a post ony Instagram about a hashtag that said #outofthecult. It was from 5 years ago. I did not even remember it. I thought about it, but could not really talk about it and I thought it was weird since it's pretty irrelavent to the job. I finished the interview and shook everyone's hand, but the one guy was obviously not very happy towards me.I was relieved to be done with the interview, and didn't think much about it.

    A little background, I grew up Mormon and left about that time 5 years ago. The rest of the area I live and interviewed at is predominantly Mormon though. This interviewer apparently did not like this post I had made a while ago. I received an email after the interview 3 days later that they were moving on. My feedback was that this post was received in a negative light from their hiring committee.

    Is this blatant religious discrimination? I have an email telling me this is why they moved on essentially. I can't be going crazy, but this seems extremely stupid on their part.

    submitted by /u/Dismal-Title9996
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    How to help intellectually disabled cousin currently in prison into a more appropriate place?

    Posted: 04 Sep 2021 07:22 PM PDT

    My cousin (23M) has been in jail since January for saying he had a gun and "trying to rob a store". He didn't have a real gun, just an air soft gun. The real issue is that he is severely intellectually disabled (mentally he is probably 4-5 years old, he was in special Ed his whole childhood). His immediate family is very poor and have hired a lawyer but he hasn't been able to get him out. I feel like if anything he should be in a home or psych hospital because he is so disabled. I feel so bad for him in prison because I know he doesn't know what is going on and I worry he isn't being treated properly. I feel like it should be against the law to have someone that disabled locked away in an adult prison. Is there anything I can do or any laws I can use to get him out of there and into a more appropriate place? Are there any national organizations that fight for disabled people like him that we should contact? I have also thought about going to a news organization with this story. Do you think public outrage would help him? We are in Georgia, USA.

    submitted by /u/ComfortableClothes28
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    employer making me take pto before using fmla, but not paying me? (pa)

    Posted: 05 Sep 2021 11:28 AM PDT

    my partner and i unfortunately both tested positive for covid this week. my employer is telling me that i'll have to use up my pto before they'll put me on fmla. on top of that, we're currently in black out dates, where no one in the company is supposed to take off for fairness purposes. we were told during orientation this year that if we absolutely have to take off during blackout dates that's fine, but "it will count against your pto and you will not be paid." is that legal? i have to quarantine for at least 10 days, more if i start having symptoms, and i genuinely can't afford to miss that much pay. if anyone knows anything about law surrounding pto and fmla please help!

    submitted by /u/oliviiaaaa
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    Can a suicide attempt lead to prosecution/CPS?

    Posted: 05 Sep 2021 11:20 AM PDT

    In this situation, a parent/guardian tells their child that they should commit in the midst of an argument, a week or so after, the child attempts but doesn't succeed. Materialistic evidence is found, videos and witnesses, of the argument occurring. Can the parent be prosecuted for verbal/mental abuse and CPS will be brought into it, or will they get a slap on the wrist? Laws pertaining to California, because I am quite curious.

    submitted by /u/IllustriousLeg8339
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    I think my former employer is trying to screw me out of a lot of money

    Posted: 05 Sep 2021 11:39 AM PDT

    I am a nurse, and was working for the 3 letter infamous corporation for what was supposed to be a period of two years. I signed a promissary note for 7500.00, which had an interest rate of "3% per annum, on a basis of 360 day year composed of 12 months of 30 days each." If I stayed for 2 years the loan got cancelled.

    Well Covid happened, and my employer made absolute shit efforts to not have all of us burned out, so yes I ended up breaking my contract. Thing is, I broke it 2 weeks before my 2 years was up. They sent me a collections notice for almost 6900 dollars. Reading my contract, there is a clause that says "Maker and holder agree that for each month maker remains employed by a facility as an RN, following completion of the program", (12 weeks internship), "holder will forgive 1/24th of the total value of the loan."

    Now I am smelling serious bullshit on this collections notice, but my question is, am I calculating a flat 21 months e.g. 7500-(7500(21/24)), or am I calculating each individual month at 7500-(7500(1/24)) and then calculating subsequent months from the remaining balance?

    Sorry for the long write up, I am just tired of people constantly trying to take what little money I have. This is in Texas, but I recently talked with another nurse in another state in the same situation that seems to have the same clause in her contract.

    submitted by /u/ChoiceBeneficial4358
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    How to ask court fo apply out-of-state law? Connecticut

    Posted: 05 Sep 2021 11:22 AM PDT

    Small claims suit in CT. I am in NY, defendant is in CT. Case was filed in CT since defendant (a business) is located in CT. I was hired in NY, my business is in NY, and there is no choice of law clause in the contract.

    Section 188 of the Restatement (Second), with respect to my situation, says that applicable law shall be the law of the place where the "most significant relationship" between the transaction and the parties is located:
    "In the absence of an effective choice of law by the parties (see § 187), the contacts to be taken into account in applying the principles of § 6 to determine the law applicable to an issue include: (a) the place of contracting, (b) the place of negotiation of the contract, (c) the place of performance, (d) the location of the subject matter of the contract, and (e) the domicil[e], residence, nationality, place of incorporation and place of business of the parties."

    My question: What is the proper procedure for this - do I file a motion to ask the court to apply NY law? If so, what would the motion be called? Motion in limine? NY has a specific law regarding freelancers that CT does not, which is why applying NY law would be beneficial to me.

    submitted by /u/mcafeeuninstallled
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    Getting sued by scammer

    Posted: 04 Sep 2021 08:20 PM PDT

    A couple of months ago, a delivery driver from an app (i.e. ubereats, grubhub) came to my husband's restaurant (in Rhode Island) to pick-up an order (his fiancé was in the car) and caused a scene claiming my husband rear ended his car. The driver called the police stating that my husband caused an accident to which the fiancé agreed. The police seemed to take the drivers side of the story and did not investigate further; stating that this was "an insurance problem and not a police problem."

    We have videos of the cars during said accident from security cameras that shows no accident ever happened, so our insurance company refused to pay him. We got a summons to superior court a few days ago that both me and my husband are being sued for pain and suffering, medical and legal fees for both the driver and fiancé.

    Everything in his complaint was a lie and conflicts with the police report and videos. I feel victimized and would like to press criminal charges so he will be less apt to do this again to someone in the future but I don't know what this qualifies as. Thanks.

    Edit for more info:

    The insurance company has known about this since the "accident". Our insurance company was shocked that these people were pressing charges and already have a lawyer for us. However, when my husband asked if we can countersue to our insurance company, they said we can hire a lawyer and both lawyers can work together. I have to get more clarification on that.

    submitted by /u/yunatifa
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    Calif location. Sold a car to a guy in NYC. $2400 in tickets now

    Posted: 05 Sep 2021 06:12 AM PDT

    In April of 21 I sold a car to a dude in the Bronx. He kept the Cal plates and has been chalking up tickets and fines. NY Port Authority alone is close to grand. Red Light cameras, bus lanes, parking.

    I did a RELEASE OF LIABILITY in Cal. I have contacted him via email twice. He is well aware of what he is doing. I cannot report the car stolen since the RoL was filed. I have written NY giving the address, email, cell phone and name of the new buyer.

    The tickets keep rolling in. California Highway Patrol tells me NYC has no arm to seek redress from me personally. I expect to be hearing from their collection office soon.

    New buyer as of 8-30 has been routinely running the tolls on the bridges, I get the bills on it.

    1. Report the car absconded?

    2. Pay a REPO company to go to the Bronx and rip the plates off the back of the car?

    3. Contact NYPD?

    ideas? Attorney time? Considering he 4 days a week at about 4:30am and 3:30pm on the bridge runs the toll, he is easy to track down.

    Any ideas guys? My error was to leave the plates on the back of the car.

    submitted by /u/Friendly_Punisher
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    I'm being blackmailed, already reported it to no avail. What do I do?

    Posted: 05 Sep 2021 12:39 AM PDT

    When I was 14, I would always play games with this "girl". She claimed to be like 16 and at the time I was still bi-curious and I thought I was into her. After about a few months "she" asked for pictures and I uh yknow sent them. And she kept asking for more but I got uncomfortable and told her no. That's when "she" revealed that it really was a 23 year old guy, and he's been blackmailing me ever since. I took some friends advice and ive reported him to the FBI twice, I even told my mom after I blocked him once. But recently he's messaged me with a bunch of information he's found out about me, my friends social media's, my mom's phone number, my town, the place I work, etc. And he's still blackmailing me. Idk what to do, I have no information about him other than his first name and social media's. He said he will leave me alone once he gets a night in real life with me, and told me even if I block him he will come to where I live. I just don't know what to do. I'm almost 18 and I know people will care even less about it once I am. Should I go to the local police? I just can't imagine it would be any different than the FBI, and even then when I told my mom she took me to a support group and they said girls like me have gotten in trouble for sending pics, just does anyone know what to do?

    It told me to include my location so uh I live in the USA, Washington State to be specific.

    submitted by /u/Awdumw
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    14 year old Cousin wants to forge signature for COVID vaccine

    Posted: 05 Sep 2021 07:55 AM PDT

    I have a 14 year old cousin who is a Sophomore in High School. The High School is offering the vaccine to all students provided the student returns a signed permission slip of sorts. My cousin's parents don't really believe in the vaccine and have refused to let her have it. She really wants to get the vaccine and is considering forging the signature of one of her parents to get it. I strongly doubt she would get caught, but what sort of liability does she face if she does get caught. What are the legal risks (and other risks)? Aside from denying COVID her parents are surprisingly reasonable, she does not live in anything close to abusive house and she is otherwise not neglected.

    She lives in Ohio.

    submitted by /u/Tempest_Rider
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