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nm posted:That doesn't really change things. As I've said before, you can always look at the traffic engineering report for the intersection. That'd bolster any claim you want to make about what is a safe stopping time at a posted speed limit
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Jan 31, 2012 05:42
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Cowslips Warren posted:The only reason this has me so worried is that I don't want any points on my license. Generally fine so long as your front tires are in the intersection when the light turns red. Sounds like it didn't flash you at all.
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Jan 31, 2012 06:04
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euphronius posted:http://www.wisbar.org/AM/Template.cfm?Section=LRIS&Template=/CustomSource/LRIS/index.cfm&area=3 Thanks, I appreciate the help 
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Jan 31, 2012 06:16
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A friend of mine was terminated from a lovely job at a gas station last night because they accused her of stealing. They have no proof of her stealing because she wasn't stealing. She bought two packs of gum or something that were like 60 cents apiece, and is on video and they had a receipt of her purchase - and they initially told her she didn't pay for them until they proved she did - but they fired her anyway because they accused her of taking 3 packs of gum and only paying for 2 (despite there not being any evidence of a 3rd pack). They said "We've been watching you for a long time and we have to let you go" even though she's only been there for 2 months and hasn't taken anything. They basically accused her of stealing 3 packs of gum, then found the receipt and she is on video paying for 2 (which she bought 2) but they fire her anyway because of the phantom 3rd pack with a whopping value of 60 cents. She worked there < 90 days, so I'm not certain of the ability to file for unemployment, but what exactly should she do in this instance? My personal opinion was to tell her that it was a lovely minimum wage job and not worth worrying over, and she just needed to find something else. But not sure if they can gently caress her on unemployment. What should she do? State: Alabama
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Jan 31, 2012 17:12
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e:nm
Leopold N. Loeb fucked around with this message at 23:44 on Oct 27, 2013 |
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Jan 31, 2012 21:37
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Leopold N. Loeb posted:I live in Texas. My father, who also lived here, passed away late last summer. He let no will. He was married at the time of his death to his 2nd wife, my stepmother. Together they owned a small lot here in the town where I live. Am I entitled to any of his estate? The property was acquired during the marriage, if that helps. Hell yeah you are. You get his half of the community property, assuming you're an only child. Otherwise you and your siblings split it, so long as there's no language in the deed making them joint tenants with a right of survivorship (basically, if you put in the deed record that you're Joint tenants with right of survivorship, the entire interest goes to the survivor when the other joint tenant dies). You should own a joint undivided interest in that real property. But I'm not your lawyer and you should get a second opinion. If she's using it as a homestead you may be boned. G-Mawwwwwww fucked around with this message at 22:42 on Jan 31, 2012 |
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Jan 31, 2012 21:43
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Leopold N. Loeb posted:I live in Texas. My father, who also lived here, passed away late last summer. He let no will. He was married at the time of his death to his 2nd wife, my stepmother. Together they owned a small lot here in the town where I live. Am I entitled to any of his estate? The property was acquired during the marriage, if that helps. I agree with CaptainScraps. Find out who was appointed administrator/personal representative of your father's estate, if anyone. That person would be required to give you an inventory of your father's estate, and you should probably get a share of everything. Here's the relevant statutory provision, I think: quote:
So it looks like you get 2/3rds, not 1/2. This doesn't apply to a community estate though, so you need a lawyer to figure out what is the deal there. entris fucked around with this message at 22:21 on Jan 31, 2012 |
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Jan 31, 2012 22:18
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entris posted:I agree with CaptainScraps. Right. Two thirds of his sole property and his half of the community.
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Jan 31, 2012 22:49
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e:nm
Leopold N. Loeb fucked around with this message at 23:46 on Oct 27, 2013 |
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Feb 1, 2012 01:28
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When did he die?
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Feb 1, 2012 01:37
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e:nm
Leopold N. Loeb fucked around with this message at 23:47 on Oct 27, 2013 |
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Feb 1, 2012 01:56
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I have a quick question about employment. My mom works as an RN in a delivery room and I just sent in an application to be the Unit Secretary over there even though she's told me in the past that relatives can't be hired to work in the same Unit. Is this legal?
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Feb 1, 2012 02:01
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Can anyone tell me how to sufficiently serve someone for small claims court if you don't know their home or work address? This is for Washington state. This person is no longer employed at the place where she was last known to work, and she didn't leave a forwarding address at her last residence. The court clerk wasn't really willing to give a lot of info on this.
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Feb 1, 2012 04:57
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dvgrhl posted:Can anyone tell me how to sufficiently serve someone for small claims court if you don't know their home or work address? This is for Washington state. This person is no longer employed at the place where she was last known to work, and she didn't leave a forwarding address at her last residence. The court clerk wasn't really willing to give a lot of info on this. She may not have left a forwarding address with her former landlord, but that doesn't mean she didn't update her address with the Post Office. If so, you can find that address out by simply writing this on the notice of service you mail her: “Address Correction Requested---Do Not Forward.” The Post Office should return the letter to you with her current forwarding address on it.
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Feb 1, 2012 05:17
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You could also see if Washington has service by publication, where you just post the notice in the paper for a set period.
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Feb 1, 2012 05:32
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e:nm
Leopold N. Loeb fucked around with this message at 23:54 on Oct 27, 2013 |
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Feb 1, 2012 05:55
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My daughters mother currently lives in MD where we have a visitation order in place. A week ago she married a guy that she presumably met in the summer(she moved out of a fiances house and in with this guy over the summer). The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Now you dont just go marrying a guy for him to move across country without you going with him. I need to know what preliminary steps I should be taking to prevent her from moving my daughter cross country. How do I go about filing for an injunction without hiring a lawyer? She does not know I know about the Air Force. I would not put it past her for a minute to move across country without telling me and file for support in the new state. Joint legal, sole physical-her. I would gladly take physical custody if I had a shot at it.
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Feb 1, 2012 23:08
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kmcormick9 posted:My daughters mother currently lives in MD where we have a visitation order in place. A week ago she married a guy that she presumably met in the summer(she moved out of a fiances house and in with this guy over the summer). The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Now you dont just go marrying a guy for him to move across country without you going with him. Step 1: Talk to a lawyer
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Feb 1, 2012 23:27
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Agreeing with ^^^^^^ Don't gently caress around trying to do this one your own, get a family law attorney to help.
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Feb 1, 2012 23:54
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Incredulous Red posted:Step 1: Talk to a lawyer ASAP, like this week. My gut (which knows nada of family law) says that you want to deal with this before she moves, not after.
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Feb 2, 2012 00:09
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entris posted:Agreeing with ^^^^^^ Not sure about your state, but Alabama requires that you notify the other parent 30 days in advance of a move beyond 60 miles giving them time to object/etc. - and that moving is presumed against the "best interests of the child" which is a rebuttal presumption if she can prove that there is a support system in place across the country or whatever. If she's moving away to be alone - you may have a case for sole physical custody. IANAL - but I've been through 2 custody battles.
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Feb 2, 2012 00:13
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kmcormick9 posted:My daughters mother currently lives in MD where we have a visitation order in place. A week ago she married a guy that she presumably met in the summer(she moved out of a fiances house and in with this guy over the summer). The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Now you dont just go marrying a guy for him to move across country without you going with him. Do not gently caress around with injunctions. They're complicated. Get an attorney.
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Feb 2, 2012 00:18
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e:nm
Leopold N. Loeb fucked around with this message at 23:58 on Oct 27, 2013 |
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Feb 2, 2012 03:09
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Leopold N. Loeb posted:Lawyer here un town says after pulling up the deed and tax unfo that it is pretty cut and dried. It will.cost me a few bucks.for him to do the.necessary paperwork of course but whatevs. Anybidy know if we will all have to agree to.sell, or does she get a greater say as she owns a bigger piece? Sorrt for the periods, I am.fat fingering my smartphone.... As tenants in common you can request a partition by sale or a partition in kind. Basically they'll carve up you up a piece of the land according to your interest (likely) or sell the whole drat thing and give everyone a proportion of the sale (unlikely).
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Feb 2, 2012 03:46
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e:nm
Leopold N. Loeb fucked around with this message at 23:58 on Oct 27, 2013 |
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Feb 2, 2012 03:50
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CaptainScraps posted:As tenants in common you can request a partition by sale or a partition in kind. Basically they'll carve up you up a piece of the land according to your interest (likely) or sell the whole drat thing and give everyone a proportion of the sale (unlikely). I disagree, I think they'll sell the property and give everyone a slice of the proceeds - much easier. In probate work in my state, I rarely see judicial partitions where the property is divided up in kind. But it could be different in Texas, I admit. Although looking at his last post, I think the OP is going to get a portion of sale proceeds - impossible to partition a residential lot that is too small to be subdivided and subsequently built on.
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Feb 2, 2012 03:56
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LLJKSiLk posted:A friend of mine was terminated from a lovely job at a gas station last night because they accused her of stealing. They have no proof of her stealing because she wasn't stealing. She bought two packs of gum or something that were like 60 cents apiece, and is on video and they had a receipt of her purchase - and they initially told her she didn't pay for them until they proved she did - but they fired her anyway because they accused her of taking 3 packs of gum and only paying for 2 (despite there not being any evidence of a 3rd pack). Outside of contractual obligations and discrimination you can be fired for any reason in most cases in the US, a lot of lovely employers fabricate "cause" to avoid having their unemployment insurance rates go up. So yea, they not only screwed her out of a job, but also unemployment benefits too. Of course she should still file and go through the appeal process when she is denied. IANAL and all that. elisaaa posted:I have a quick question about employment. My mom works as an RN in a delivery room and I just sent in an application to be the Unit Secretary over there even though she's told me in the past that relatives can't be hired to work in the same Unit. Is this legal? The above goes for the hiring process too. As long as the hiring process is not discriminatory to protected classes it's all good. They can have a "no red car drivers" policy. ChubbyEmoBabe fucked around with this message at 03:59 on Feb 2, 2012 |
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Feb 2, 2012 03:57
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entris posted:I disagree, I think they'll sell the property and give everyone a slice of the proceeds - much easier. In probate work in my state, I rarely see judicial partitions where the property is divided up in kind. Actually if it's not homesteaded I'm going to go with your answer. And yeah I think it is mainly partition by sale. Both are an option.
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Feb 2, 2012 04:08
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kmcormick9 posted:The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Considering he's just going to basic for about a month, common sense tells me she wouldn't pack up and move for just a month. Then after basic he'll go to tech school, which could be somewhere else in the country and that could last a month or slightly longer at which point he'd be able to take a bunch of leave before going to his first base, which could be anywhere. That would make to most sense to start moving. In basic and tech school, you live in dorms and you don't do family housing or anything like that.
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Feb 2, 2012 17:53
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CaptainScraps posted:Actually if it's not homesteaded I'm going to go with your answer. And yeah I think it is mainly partition by sale. Both are an option. Good point about homesteading, I forgot about that.
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Feb 2, 2012 19:12
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e:nm
Leopold N. Loeb fucked around with this message at 00:43 on Oct 28, 2013 |
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Feb 2, 2012 19:37
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Leopold N. Loeb posted:They've owned the lot for about 16 years.....don't think it's a homestead. Does that matter? my family on my mom's side has a homestead in northern AZ, but I have only the vaguest idea of how one differs from the other. No no, I think homestead in this case refers to a surviving spouse's right to occupy the marital residence after the death of the other spouse. Or it's a right to a certain amount of value in the residence that the surviving spouse gets. "Homestead" in this case is a particular legal term of art, but CaptainScraps will be able to explain the Texas definition far better than I.
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Feb 2, 2012 19:59
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TExas Homestead rules http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.5.htm
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Feb 2, 2012 20:04
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e:nm
Leopold N. Loeb fucked around with this message at 00:43 on Oct 28, 2013 |
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Feb 2, 2012 21:00
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euphronius posted:TExas Homestead rules Actually I think Tex. Prob. Code § 283 is the proper rule here: quote:§ 283. Homestead Rights of Surviving Spouse I think maybe the homestead thing isn't going to be an issue here.
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Feb 2, 2012 21:16
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The general criteria for creating a homestead are (i) overt acts of usage, and (ii) an intent to claim the land as a permanent residence.(28). http://library.findlaw.com/1999/Oct/1/126857.html Looks good.
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Feb 2, 2012 22:30
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A friend recently moved into a lovely apartment in Virginia, and he's been having a roach problem. Talking to the other tenants, he's determined that the roaches were there before he moved in. Unfortunately, despite talking to the landlord numerous times, he hasn't been able to make any headway. I've read up on some Virginia landlord-tenant law, and from what I can tell it's clear that the landlord has a responsibility to keep common areas clean and pest-free, but I couldn't find anything clearly requiring them to take care of such problems in tenants' living spaces, only that tenants themselves have a responsibility to prevent infestations and to inform the landlord if they discover an infestation. To me, this all together would seem to imply that the landlord has an obligation to take care of pre-existing infestations in living spaces, but it doesn't outright say it as far as I can tell. Could anyone here clarify this?
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Feb 3, 2012 11:12
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I live in a duplex, and the dude who lives in the other half just got raided by the police and arrested for felony to distribute (marijuana). Will I be called as a witness at his trial?
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Feb 4, 2012 02:54
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Aquatic Giraffe posted:I live in a duplex, and the dude who lives in the other half just got raided by the police and arrested for felony to distribute (marijuana). Did you buy weed from him? Did you ever see him sell weed? Do the police know that you bought weed from him or saw him sell weed? If not, I don't see how you testifying could help the State's case against him. So, no. I am not a lawyer. This is not legal advice.
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Feb 4, 2012 03:05
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Aquatic Giraffe posted:I live in a duplex, and the dude who lives in the other half just got raided by the police and arrested for felony to distribute (marijuana). The only answer is maybe. Odds are there won't even be a trial as drat near everyone pleads out.
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Feb 4, 2012 03:10
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