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    Tuesday, January 4, 2022

    Legal Advice Dad died and his baby mama wants a bigger piece of his estate/trust

    Legal Advice Dad died and his baby mama wants a bigger piece of his estate/trust


    Dad died and his baby mama wants a bigger piece of his estate/trust

    Posted: 04 Jan 2022 05:23 AM PST

    Dad passed away this year with the bulk of his estate in a trust. I am the successor trustee and the beneficiaries are myself and my half-brother. My bro's mom was never married to my dad, by her own choice, but was living in one of my father's homes (both owned by the trust). He paid many of her expenses for over 20 years. They've been broken up for 15 years and he was living in his other home with his new girlfriend at the time of his death. Bro's mom was left a portion of his 401k and his life insurance (around $200K in total) and is in her mid 60's with no assets of her own and minimal income.

    I never knew the details of the trust/estate (should have asked), but my dad was always very clear he set things up the way he wanted them. His pension (worked with the same company for 40+ years) is extremely generous and will pay out a bulk settlement to his estate. His will is clear that any funds paid to the estate be rolled into the trust. My bro's mom, the day after his passing, listed herself with his employer as a "domestic partner." This was never the case and, regardless, his employer does not recognize that distinction. They recognize a legal spouse, otherwise it pays to the estate. She is, somewhat understandably, not happy.

    I am trying to work out an arrangement whereby my bro's portion of the trust owns a house and she can live in it. It is not the most responsible way to manage my bro's $$ but he is 25+ (though very restricted for years from accessing his money) and has OK'd this.

    Now, she wants the trust to split the pension between herself, my bro, and I. 1) I don't think legally the trust can "split" funds with a non-beneficiary? 2) I believe a "gift" of that size would be subject to taxes? 3) Does she have any actual legal standing here, should she chose that route?

    Any thoughts on navigating this and what the legal ramifications are, if any? I want to honor my father's wishes and safeguard the trust while trying not to be a greedy a$$hole.

    submitted by /u/Unlucky-Chemical
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    Surgery rescheduled due to surgeon’s office error - now I have to pay my full deductible again

    Posted: 04 Jan 2022 06:52 AM PST

    I had a surgery scheduled for December 27th. I have been injured since May, and that was the earliest they could get me in. During my pre-op testing, they went over all of my current medications. I take a monthly injection called "Emgality" for migraine prevention. My injection date was supposed to be my surgery date, so I specifically asked if that was ok, should I take it before, bring it with me, etc? The intake nurse told me to take it the day before so I did not have to worry about it while recovering from surgery. I took it the day before as directed. I go in for surgery, am prepped, IVs in (spinal fusion surgery so kind of a big one), antibiotics pumping, ready to go back. The surgeon comes in last minute and says we have to cancel the surgery, I have to be off that specific medication for an entire month before any sort of surgery. So now due to his office's error, I have to wait another two months for surgery (causing further nerve damage) and also have to pay my full deductible again. Do I have any legal options here? What if they try to charge me for the couple hours I spent in the hospital before they canceled?

    submitted by /u/cupcakesandvoodoo
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    Sister got a ticket and used our youngest sister’s name and information because she had warrants.

    Posted: 03 Jan 2022 09:02 PM PST

    Ticket was for no proof of insurance and came with a summons to court. The car was insured and when I asked if I could bring down the proof they said only my youngest sister could. What's the smart move here?

    Youngest sister doesn't want to lie to the courts about it and pretend it was her. This would be perjury right? Is it best to just rat out the lying sister? Would this be considered a felony, lying to the police about your identity?

    *Edit- We live in Colorado

    submitted by /u/wildflowersummer
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    My dad passed a few months ago and his brothers are fighting for a chunk of his estate and belongings are they entitled to anything?

    Posted: 04 Jan 2022 07:12 AM PST

    My dad passed a few months ago and had left no will. He has been married to my mom for over 20 years. My dad's brother is enraged that he didn't receive anything after his death. It has come to our attention that he is going to try and fight to get any belongings and my dad's estate. Is there any way that he would be able to manage to do this successfully?

    submitted by /u/One-Leopard-1701
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    Tattoo artist gave me a horrible tattoo, turns out everything that he represented as his own work on Instagram was actually work from other artists. The only reason why I chose him was because of his seemingly impressive portfolio. Is there any legal action to be taken here?

    Posted: 04 Jan 2022 11:31 AM PST

    As the title says, I found what seemed to be a very impressive tattoo artist on Instagram and paid him to do a tattoo on my arm. The tattoo came out horribly, noticeably much less quality than what he had put on Instagram. I expressed my dissatisfaction with the tattoo and he said give it a few days to heal and it will look better because it'll be less swollen.

    As this is my first tattoo, I didn't really know any better and after it started healing it looked even worse than before. I start thinking that I'm just going to have to get a cover up and I'm looking at other tattoo artists and just so happened to stumble across one tattoo that was also on the artist that I hireds page. I checked the dates and sure enough the tattoo was uploaded on this other person's page about a week before the artist I hired put it on his page. I do some more digging and reverse image searches and find a few more tattoos on this person's page that had actually been done by other artists.

    I'm furious and upset at the situation but I haven't reached out to the tattoo shop yet to let them know what I had found. Is there any legal action to be taken here and if so, what kind of lawyer do I actually speak to about this? I just want the cost of the tattoo, my travel expenses, and a few thousand dollars extra to get a cover-up done, I'm not looking to bankrupt the guy or anything.

    submitted by /u/_FIDEL_CASHFLOW33
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    Landlord claimed my entire security deposit. I sued and they filed a motion to dismiss and failed to appear for it.

    Posted: 04 Jan 2022 07:22 AM PST

    This is a follow-up to a previous post I made here.

    I am 23 and this happened in FL.

    I just got off a virtual court session via zoom. The session was addressing the defendant's motion to dismiss for failure to join indispensable parties.

    The defendant did not even show up to their own dismissal case, therefore the judge removed the motion. I believe this means a trial will be set in 60 days, although I am not sure. (A trial had been set previously but maybe changed due to the motion to dismiss.

    Previously the defendant had also failed to show up to a mediation set by the court. The defendant claimed they didn't get the info then requested a new date for mediation, however, before that date arrived they filed a motion to dismiss. Then when the mediation happened their attorney claimed they could not negotiate with a pending motion to dismiss.

    The mediator requested I still send the attorney an email with a proposal, which I did. The attorney responded saying no with no counter offer.

    I think it may be in my best interest to file a summary judgement because the defendant has been acting in bad faith from the start and has wasted the court's (and my own) time.

    submitted by /u/Iclipkripp
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    Can a business confiscate an item (prohibited by company policy but not illegal) from a customer and not return it?

    Posted: 04 Jan 2022 05:53 AM PST

    This is in New Mexico.

    The company I work for doesn't allow customers to carry certain items in our building. Most common examples are knives and vape pens. Fine, totally within our rights, and customers are told (sometimes multiple times, including signs) what items are prohibited.

    However, we've recently instituted a new policy for prohibited items being carried by customers: rather than asking customers to return these items to their vehicles or offering to hold the items until the customer leaves, we're now supposed to confiscate the items and not return them. I asked if we were supposed to give such guests the option to just leave, and was told that no, if someone brings a prohibited item onto our property we can just confiscate it and not return it.

    This strikes me as . . . Well, theft. Obviously we can prohibit almost any items we want, but the extent of our authority (in my mind) is that we can ask people to leave if they aren't abiding by our policies, or call the cops if they have something illegal (or if they refuse to leave), and that's basically it.

    It seems like we'd have to do one of four things in order to confiscate someone's property:

    1. Take it by force (seems super illegal).
    2. Pretend we have the authority (strikes me as illegal, although we'd probably get away with it a few times until someone pursued legal action).
    3. Say we're confiscating the item, not mentioning that they won't get it back until it's in our possession (same as #2).
    4. Have them willingly give it to us knowing they won't give it back, giving them the option to just leave instead.

    This last one is the only option that strikes me as kosher, but again, I was basically told "no we can just confiscate it."

    I'm just looking for some affirmation that my concerns are justified before I push back more than I already have.

    Thanks!

    submitted by /u/Matamosca
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    Landlord changed lease term after signing contract

    Posted: 04 Jan 2022 10:12 AM PST

    Hi all,

    This is in WI. We signed a lease for an apartment in Milwaukee for 7 months. Or what we thought was 7 months. Long story short, on our lease contract, they wrote that we had a lease for 7 months (the number seven is present for how many months our lease is), but listed the start and end date as 12 months on this contract. (5/20/21 - 5/19/22)

    We initially only saw the "7 months" on our contract and signed, but it was later revealed it has start and end dates on it making a full year. The landlord does not use a secure signing service, so when we asked for copies of the lease to make sure, the "7 months" was changed to "12 months" to cover their mistake.

    However, we have email threads showing that the property management company sent over the lease with those terms, and that is was sent back with those 7 month terms.

    Do we have a fighting chance to leave our apartment in 7 months? We have all the proof that they changed the 7 month term to reflect what they probably originally intended.

    submitted by /u/SadeBeat
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    Accidentally did not pay for groceries. Entered wrong PIN and didn't notice.

    Posted: 03 Jan 2022 09:22 PM PST

    I recently went to a major grocery chain in California and intended to buy a little over $100 dollars of food. Only when I got home and checked my phone did I see a notification that my card was declined due to an incorrect pin. My first instinct was to email the store and explain, but then I considered that I should probably consult someone first. I know that I typed in phone number to activate my member benefits and inserted my card, and I likely left the kiosk with my unpaid balance showing, so it's possible they'll notice and be able to identify my pretty easily if they bother to. Should I reach out to the store and offer to pay or should I keep my mouth shut until/unless I hear from them?

    Thank you for any input.

    Edit: I go the same store at the same time and buy the same things. I also took my sweet time checking out and bagging things. Plus I entered my phone and card. So I think any investigation would make it pretty clear I didn't intend to get away with shoplifting.

    Follow up: Thanks everyone for the lively discussions and input! I'm not really worried about legal trouble at this point but the store could still ban me and that would be a big inconvenience. I called early this morning and explained my situation to a manager. They sounded understanding and surprised that I even called and said they'd see what they could do and get back to me. Maybe this will come back to bite me, as some have speculated, but I highly doubt it. If they don't force me to pay, I'll donate the amount to a local food bank. If they end up giving me a hassle about it, I'll lawyer up just out of spite. I don't feel especially guilty about scamming a major grocery chain I patronize every week but I do feel bad that there are people in my community who could benefit from $100 worth of food far more than me.

    submitted by /u/la_ta_50
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    My job docked my pay after i put in hours for getting fit tested for an N95. Is this legal?

    Posted: 04 Jan 2022 10:53 AM PST

    They made me come in on an off day to get fit tested for an N95. I plugged 30 minutes in since thats how long it took and they took it off and said they wouldnt approve it.

    I honestly wouldnt even normally care but they pulled some BS greedy thing the other day and i'm still mad about it and hoping to squeeze every penny out of them bc of it

    Im in California, is this not illegal?

    submitted by /u/nightdrivess
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    A drunk woman crashed a car into our house and caused a significant amount of damage. The car insurance won’t fully cover the expenses.

    Posted: 04 Jan 2022 09:59 AM PST

    The car she was driving was not hers. It was a friend of hers. That policy owner's coverages are not enough to fill cover the cost of the damages. What are our next steps?

    -Do we have to sue the driver, the policy owner, or the insurance for the rest of the damages to our property?

    -What kind of lawyer would we need?

    -Do we have to pay out of pocket for said lawyer until the costs are recovered later?

    -How long does it usually take if we have file a lawsuit?

    Thank you so much for your help, y'all. This has been a very weird time.

    submitted by /u/captlickalottapuss
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    Husband being pushed to accept VOM by prosecutor in DUI with bodily injury case [California]

    Posted: 04 Jan 2022 10:33 AM PST

    In October of this year, my husband was hit by a car while riding his bicycle. The driver fled and was later apprehended by CHP several miles away. My husband was taken from our town and then to a major medical center where they were forced to perform a below-the-knee amputation on his left leg. In addition to his leg injury, he sustained broken ribs and a broken finger.

    The man charged is a two-strike felon in the State of California with additional felonies out of Texas and Louisiana. Beyond that, we know his age, and have some very basic biographical details.

    My husband was released from the hospital after two weeks and in terms of any cost, we're very fortunate. My husband is a tenured professor and between his insurance and disability benefits, we're not out of pocket too much and he was able to return to teaching/research/consulting this Jan. Like I said, lucky.

    We were interviewed by detectives twice (once while my husband was in the hospital). We were then interviewed by an "investigator" with the DA office. After speaking with the DA office my husband received a call from a court officer who asked if he would partake in a program to help offenders by creating an opportunity to meet the offender "and start a dialogue". My husband declined but they called again. We're getting odd messaging and we're feeling boxed in. We're kind of being made to feel like the culpable party (and like we're racists) for not participating in this program. The more we read and were told, the more it appears as a method for reducing the charges against him while giving the accused a platform to say why he hit and nearly killed my husband.

    I'm really uneasy about all of this and when we called one of the detectives with whom we spoke, he became very quiet and later said that he felt we were being taken advantage of but wouldn't say anything further. Do any lawyers have any experience with this? I have a few more questions below:

    1. Will it impact our ability to sue to claim any damages?
    2. Can they reduce charges against the accused if he partakes in this program?
    3. Is there anyone we can "complain" about the intrusiveness about this short of hiring an attorney?

    Thank you!

    Edit: Fixed a paragraph.

    submitted by /u/ThrowRaBBtlk
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    School wants to ban all negative social media posts

    Posted: 04 Jan 2022 11:28 AM PST

    High School in Texas.

    Students at the school had made various social media accounts on Instagram criticizing the school, whether it is over dress code, the poor infrastructure, or the amount people are suspended for dubious reasons.

    The school made an announcement today for every grade that they will ban and confiscate all phones at school unless those accounts get deleted. They said they do not want accounts which will negatively impact the school's image and instead want to promote positive social media posts of the school.

    Earlier I heard that there was some supreme court case with a cheerleader saying that this should be illegal right? It seems pretty illegal to ban accounts which criticize the school on social media.

    Edit: This is a Public High School.

    submitted by /u/crockett22
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    Covid Shots for Kids of Divorce

    Posted: 04 Jan 2022 11:19 AM PST

    Hello, I live in NY and I'm looking for legal advice on getting my kids the covid vaccine/booster shots. My ex-husband is antivax and was less than happy with me for getting the kids vaccinated (I didn't tell him I was doing it b/c I new the conversation would go nowhere). Our separation agreement states that we have joint custody but I have primary physical custody and the last say on things concerning the kids. The time is now coming for their booster shots which I would like to get them. He asked me if I would be giving them the booster months ago and I told him I wasn't sure at the time but now that the time is approaching I would like to. He said "if" I change my mind, to please give him a heads up as, "He may have more information that I'm not privy to about the vaccine." ***Cue me rolling my eyes*** Any advice from NY attorneys would be helpful. I can't imagine a court finding me at fault for vaccinating my children. Do I have to tell him? If I do tell him, can he stop me? TIA

    submitted by /u/BettyMcAl
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    Landlord is trying to make me pay to paint the exterior of the house

    Posted: 04 Jan 2022 01:17 PM PST

    As above, my landlord is trying to make me pay to repaint the outside of the house. He claims that we painted the house (we did not). The house is visibly two different colors but it has been that way since we moved in. I have a crappy picture from Zillow proving this and I am looking for more photos.

    I need to know what else I can do to combat this. I'm concerned he is going to just go into the house and start taking things. He isn't suing me or anything, but I am panicked about this. My landlord sent me an email saying they might try to bill me for it. How can I dispute a bill? I'm not authorizing anything.

    Any help would be greatly appreciated.

    submitted by /u/arghhharghhh
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    Divorce in Wisconsin

    Posted: 04 Jan 2022 01:04 PM PST

    Hi everyone - My current wife and I are going through a divorce right now. We've been separated about 10 months, and I've been supporting her financially until she is on her feet. It has been amiable, but her parents have retained a lawyer on her behalf.

    The lawyer reached out to me asking to fill and submit the Financial Disclosure Statement so we can proceed. I'm on the fence about getting a lawyer. At the end of the day, I want to give her whatever she needs so she is satisfied. That being said, I do make considerably more money than her and have a reasonable amount of assets (company stock, 401k, etc). My question is - Is it important that I have legal review before submitting this paperwork, or should I submit it and obtain a lawyer if I'm not happy with the offer they present? Is there any advice on finding a good divorce lawyer in my area beyond just googling it?

    Thanks.

    submitted by /u/Redditjesus1992
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    Buying a used car, seller is out of state?

    Posted: 04 Jan 2022 01:03 PM PST

    Hi I am in Texas,

    I am looking to buy a car but seller isn't home for a few weeks but is allowing a family member to be there so I can check the car out. But there is 2 things I am unsure about:

    Can the car be sold to me with out the owner being present? If so what would I need from the owner for the transaction to be permitted? Should I get a written consent from the owner? How do I know its the actual owner if I don't have his ID present?

    Another concern is that the car has a "lien reported" every year at registration renewal on car fax even on this past month. I checked AutoCheck to see if the same showed up there but that status stopped being shown a few years back. I also checked VINsmart and no active lien was found. There are also title corrections.

    I called my dmv and they said the car is a different color from what it is. The engine bay is also fully painted so I don't think it was color swapped. Could they be using a different car to try to sell this other one?

    submitted by /u/g-n-roses
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    Former Employer Not Abiding separation agreement

    Posted: 04 Jan 2022 12:58 PM PST

    Hope the new year is treating everybody well. I left a Commercial real estate firm about a year and a half ago. Before I left, my former boss/the CEO told me he would pay me on the deals that were still on market and pending sale. I got this agreement in writing and notarized. Shortly after I left, one of the smaller deals closed and I received a check in the mail. Now that the larger deal has closed, I emailed my previous boss several times but have not heard anything back. He's clearly trying to avoid paying me.

    I do not know what next steps to take as I do not necessarily have the money to hire a lawyer. In addition, I wouldn't know what kind of lawyer to hire. Anybody have experience with something like this? Any help would he highly appreciated.

    submitted by /u/_bo_vice
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    Wife's work changed policy at last minute to not pay vacation time. Utah

    Posted: 04 Jan 2022 10:50 AM PST

    My wife works for a large chain of pet stores, today her coworker asked when they would be receiving the pay outs for their excess vacation time. The manager told them that the policy was changed last minute and no one would be paid out for their hours. They have been heavily understaffed and haven't had much chance to take vacation time so I am sure it's a substantial amount when you combine the employees. They also weren't informed until after they lost the hours and the money. Does this count as wage theft?

    submitted by /u/the-best-gven
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