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Lowly
Aug 13, 2009

Genewiz posted:

My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

I would recommend that you consult with an estate planning attorney. They will be well equipped to handle this type of transaction, and it shouldn't be hugely expensive as far as legal things go. Your parents might be able to put the house in a living trust with you as the Trustee. This would give you control over the house since it would be owned by the trust without them having to make a gift of it to you or sell it to you, and then it would pass to you upon their death. They could also just keep the house and serve as your landlords, charging you a nominal rent. An estate lawyer will be able to lay out all your options and their tax implications for you.

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Subjunctivitis
Oct 12, 2007
Causation or Correlation?

Thanatosian posted:

IANAL, but I wouldn't speak with him over the phone. All communication should be via email, so you've got a written record of everything said from here on out. If you've got a way to do it, I would save that voicemail, too.

What city/state are you located in?

I am located in XXXXXXX, CA.

And yes, I informed him, both via e-mail and via text that I would only have this conversation via e-mail only.

And I have that voicemail saved, as well.

Subjunctivitis fucked around with this message at 07:20 on Feb 9, 2014

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
New update to my thread: Unpaid invoices! Freelance FTW and breaking working relationships

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Genewiz posted:

My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

This is absolutely something you want to speak to a wills and trusts attorney. There are probably trust mechanisms to do this.
You can definitely avoid the property tax hike if you structure it correctly.

Genewiz
Nov 21, 2005
oh darling...

Genewiz posted:

My parents are moving out of the country to enjoy a more affordable retirement and would like me to take over their current home. Since I currently live in it and fore see doing so for the next 15 years, I fully support this idea. Living in this Californian city is extremely expensive and having no rent to pay is a huge advantage. Currently, as we understand it, we have 2 options:

Option 1: Gift. We are aware that my parents are allowed to gift $26k to me a year and the rest of the property value will be taxed. How much, I'm not sure. My mum is throwing out 35% but I cannot find that number in my searches.
Option 2: Sell to me. Apparently this has to be made at market price or "it'll look suspicious to the IRS." Their current strategy for this option is to become my private mortgage providers and I'll make "mortgage" payments to them. Of course, I cannot afford a standard mortgage but they plan to forgive late payments. I have no idea how this will affect my credit score and how is this not suspicious to the IRS.

My Dad and I are trying to find reputable legal advice. In the meantime, how do people usually transfer a property from parent to child without having to pay massive amounts of taxes or resorting to overly complicated schemes?

A trust aye. Thank you. We'll definitely ask the lawyer when we meet up. As for will and renting, they want the house off their names a.s.a.p. They'll have no more assets here. Get inputs and my mother feels slightly better about things.

euphronius
Feb 18, 2009

You arent meeting a lawyer, your parents are.

Angry Hippo
May 12, 2004

by Nyc_Tattoo
I wanted to thank NM for his wonderful advice to contact my county's bar association. I was put in touch with a lawyer in my town for 40 dollars which also covered the initial consultation (which normally ran 120 at the office I visited).

I was somewhat aghast at the $2500 they asked in order for me to retain their services for what ended up being an extremely simple civil harassment hearing. I ended up representing myself pro se, successfully I might add.

If you flip back to pg 268 you can get a better idea of my situation. TLDR: lovely former co-worker/subordinate gets window smashed in, blames it on me with no evidence or proof. Files harassment suit.

In any case, the plaintiff ended up doing almost all the work for me. They admitted (even before questioning) that all of the statements made against me were hearsay and not able to be substantiated by either written declaration or witness testimony. The police report presented did not implicate me in any way and I was not even contacted by the police. They spent less than a minute detailing their claims. I asked a few questions to really hammer home that she was full of poo poo and even got an admission by her that she made no claims of harassment to any supervisor about my conduct in the workplace and that I had never contacted her in any way (especially harassing) outside the workplace, severely weakening her story.

I then presented a double digit amount of statements from current and former co-workers that were brutally consistent in claiming that I was an angel and the best thing since sliced bread and that she was a hateful and vindictive she-devil and possibly even the anti-christ incarnate. I rambled on for about 10 minutes about a brief history of our work relationship and why she was Not A Good Person and that I was actually the woeful victim in all of this.

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

A big hearty 'gently caress you' to all of you smarmy assholes who attempted to discredit my E-character and thought they'd get their rocks off talking poo poo. The truth and common sense prevailed today and as much as you may have enjoyed kicking a man while he was down I am back on my feet and standing tall above you.

Angry Hippo fucked around with this message at 09:42 on Jun 13, 2013

Devor
Nov 30, 2004
Lurking more.

Angry Hippo posted:

I wanted to thank NM for his wonderful advice to contact my county's bar association. I was put in touch with a lawyer in my town for 40 dollars which also covered the initial consultation (which normally ran 120 at the office I visited).

I was somewhat aghast at the $2500 they asked in order for me to retain their services for what ended up being an extremely simple civil harassment hearing. I ended up representing myself pro se, successfully I might add.

If you flip back to pg 268 you can get a better idea of my situation. TLDR: lovely former co-worker/subordinate gets window smashed in, blames it on me with no evidence or proof. Files harassment suit.

In any case, the plaintiff ended up doing almost all the work for me. They admitted (even before questioning) that all of the statements made against me were hearsay and not able to be substantiated by either written declaration or witness testimony. The police report presented did not implicate me in any way and I was not even contacted by the police. They spent less than a minute detailing their claims. I asked a few questions to really hammer home that she was full of poo poo and even got an admission by her that she made no claims of harassment to any supervisor about my conduct in the workplace and that I had never contacted her in any way (especially harassing) outside the workplace, severely weakening her story.

I then presented a double digit amount of statements from current and former co-workers that were brutally consistent in claiming that I was an angel and the best thing since sliced bread and that she was a hateful and vindictive she-devil and possibly even the anti-christ incarnate. I rambled on for about 10 minutes about a brief history of our work relationship and why she was Not A Good Person and that I was actually the woeful victim in all of this.

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

A big hearty 'gently caress you' to all of you smarmy assholes who attempted to discredit my E-character and thought they'd get their rocks off talking poo poo. The truth and common sense prevailed today and as much as you may have enjoyed kicking a man while he was down I am back on my feet and standing tall above you.

I want a temporary restraining order from your posting.

SubjectVerbObject
Jul 27, 2009
[quote="Angry Hippo" post="416455811"
I was actually the woeful victim in all of this.


[/quote]

Not a lawyer, but psychology background. I am not attacking you. Let me say that again. I am not attacking you. Even more, people who give you advice that you don't like are not attacking you. Can you go back in the thread and see that you came in, asked for help, didn't like what you heard, and played the woeful Victim in this thread?

Congrats on being successful in court. On the heels of your success you may want to look at your interactions with other people. If your mode of dealing with other people is to cause drama and then play the Victim, which certainly happened in this thread, you may have future problems. It is human nature for hateful and vindictive he- or she-devils to find Victims.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

Angry Hippo posted:

If you flip back to pg 268 you can get a better idea of my situation.

I recommend y'all do this if you're bored and have a couple minutes to spare, there are some good chuckles in there.

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

Windfall posted:

[*] The rental arrangement was illegal to begin with (being technically a hotel on a single-family zoned property, complete with missing building permits and unregistered additions), and again, I've received a flyer from the city claiming 100% rent reimbursement from him is possible

I know it's late but the flyer said it may be possible. It's usually a good idea to look out for words like this when looking at ads and flyers and whatnot.

Angry Hippo posted:

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

Sounds like she didn't print out your posts from the thread.

euphronius
Feb 18, 2009

I can't wait for the appeal.

patentmagus
May 19, 2013

euphronius posted:

I can't wait for the appeal.

There won't be an appeal. It's just going to turn into one of those 'It rubs the lotion on its skin or else it gets the hose again' type scenes.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Angry Hippo posted:

I wanted to thank NM for his wonderful advice to contact my county's bar association. I was put in touch with a lawyer in my town for 40 dollars which also covered the initial consultation (which normally ran 120 at the office I visited).

I was somewhat aghast at the $2500 they asked in order for me to retain their services for what ended up being an extremely simple civil harassment hearing. I ended up representing myself pro se, successfully I might add.

If you flip back to pg 268 you can get a better idea of my situation. TLDR: lovely former co-worker/subordinate gets window smashed in, blames it on me with no evidence or proof. Files harassment suit.

In any case, the plaintiff ended up doing almost all the work for me. They admitted (even before questioning) that all of the statements made against me were hearsay and not able to be substantiated by either written declaration or witness testimony. The police report presented did not implicate me in any way and I was not even contacted by the police. They spent less than a minute detailing their claims. I asked a few questions to really hammer home that she was full of poo poo and even got an admission by her that she made no claims of harassment to any supervisor about my conduct in the workplace and that I had never contacted her in any way (especially harassing) outside the workplace, severely weakening her story.

I then presented a double digit amount of statements from current and former co-workers that were brutally consistent in claiming that I was an angel and the best thing since sliced bread and that she was a hateful and vindictive she-devil and possibly even the anti-christ incarnate. I rambled on for about 10 minutes about a brief history of our work relationship and why she was Not A Good Person and that I was actually the woeful victim in all of this.

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

A big hearty 'gently caress you' to all of you smarmy assholes who attempted to discredit my E-character and thought they'd get their rocks off talking poo poo. The truth and common sense prevailed today and as much as you may have enjoyed kicking a man while he was down I am back on my feet and standing tall above you.

You got lucky, son. She was full of poo poo but a good lawyer would have subpoenaed every document and witness. It's a question of money.

Soylent Pudding
Jun 22, 2007

We've got people!


Is his life really that sad he needs to come back in here trying to seek validation? :allears:

Javid
Oct 21, 2004

:jpmf:
Some people straight up live on being Right on the Internet.

Arcturas
Mar 30, 2011

He's not even Right on the Internet. We didn't tell him that he'd lose as the case went on. We told him he should get an attorney (which he should have, and he admitted at the time), and we told him that the TRO was properly granted because a woman's uncorroborated testimony is more than adequate for a TRO.

Javid
Oct 21, 2004

:jpmf:
OK, I meant *Feeling* Right on the Internet.

oh god now I'm doing it

Arcturas
Mar 30, 2011

It's okay, I started it.

(Well, he started it but I only feel bad about doing it to you)

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

Angry Hippo posted:

I wanted to thank NM for his wonderful advice to contact my county's bar association. I was put in touch with a lawyer in my town for 40 dollars which also covered the initial consultation (which normally ran 120 at the office I visited).

I was somewhat aghast at the $2500 they asked in order for me to retain their services for what ended up being an extremely simple civil harassment hearing. I ended up representing myself pro se, successfully I might add.

If you flip back to pg 268 you can get a better idea of my situation. TLDR: lovely former co-worker/subordinate gets window smashed in, blames it on me with no evidence or proof. Files harassment suit.

In any case, the plaintiff ended up doing almost all the work for me. They admitted (even before questioning) that all of the statements made against me were hearsay and not able to be substantiated by either written declaration or witness testimony. The police report presented did not implicate me in any way and I was not even contacted by the police. They spent less than a minute detailing their claims. I asked a few questions to really hammer home that she was full of poo poo and even got an admission by her that she made no claims of harassment to any supervisor about my conduct in the workplace and that I had never contacted her in any way (especially harassing) outside the workplace, severely weakening her story.

I then presented a double digit amount of statements from current and former co-workers that were brutally consistent in claiming that I was an angel and the best thing since sliced bread and that she was a hateful and vindictive she-devil and possibly even the anti-christ incarnate. I rambled on for about 10 minutes about a brief history of our work relationship and why she was Not A Good Person and that I was actually the woeful victim in all of this.

The judge found the plaintiff did not reach their burden of proof and my TRO order was lifted and the case dismissed.

A big hearty 'gently caress you' to all of you smarmy assholes who attempted to discredit my E-character and thought they'd get their rocks off talking poo poo. The truth and common sense prevailed today and as much as you may have enjoyed kicking a man while he was down I am back on my feet and standing tall above you.

:allears: This thread has been a little stagnant lately, thank you for bringing the insanity.

The All New Legal Questions Mega-O-Wamma: All your hearsay must be substantiated by hearsay
The All New Legal Questions Mega-O-Wamma: DIY lawyering, just hammer home how others are pieces of poo poo
The All New Legal Questions Mega-O-Wamma: Smarmy assholes who get their rocks off discrediting your e-character
The All New Legal Questions Mega-O-Wamma: Who knew sliced bread was smug as poo poo
The All New Legal Questions Mega-O-Wamma: Back on my feet and standing tall above you.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

euphronius posted:

Or a trust.

Also combined gift tax exclusion is now 28K.

Trust: the idea would be to put the house into a trust with the three of you as bennys, and each year you would get $28,000 more of the house. If his parents aren't particularly wealthy, though, isn't the Lifetime exclusion up to 5 mil?


An acceptable estate planning Attorney will be able to draft the docs up for you and walk you through the process. Its worth the grand or two you should spend on it to have it done right.

euphronius
Feb 18, 2009

I am having a hard time figuring out how the plaintiffs statements were hearsay.

euphronius
Feb 18, 2009

It's complicated but basically your lifetime REPORTED gifts over the annual limit are added to your taxable estate and everyhting over ~5.1 mill is federally taxable at death assuming no unused spousal exemption carried over.

The trust contemplated by the poster would indeed cost 1-3K to set up.

Cormack
Apr 29, 2009
It was a statement made about things happening outside a courtroom. That's totally hearsay, right?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Angry Hippo posted:

I am back on my feet and standing tall above you.

euphronius
Feb 18, 2009

Not if the plaintiff is in the courtroom.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

euphronius posted:

It's complicated but basically your lifetime REPORTED gifts over the annual limit are added to your taxable estate and everyhting over ~5.1 mill is federally taxable at death assuming no unused spousal exemption carried over.

The trust contemplated by the poster would indeed cost 1-3K to set up.

I wonder how much the house is worth. I hate math, but if its going to take 20 years for him to take title outright, then paying a little income tax on an amount over the per donor/per donee exclusion might be worth it. Something for him to talk about with his attorney.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Cormack posted:

It was a statement made about things happening outside a courtroom. That's totally hearsay, right?

A statement, made outside the courtroom, offered in court, to prove the truth of the matter asserted.

unless it falls under one of the bajillion exceptions, or the evidence is offered without objection.

euphronius
Feb 18, 2009

A statement made outside if court is not hearsay if the declarant is testifying.

Soylent Pudding
Jun 22, 2007

We've got people!


blarzgh posted:

unless it falls under one of the bajillion exceptions

My trial practice professor told me how he once got the statement "...and then [Defendant] told [other witness] to put the drugs in the car" admitted because the purpose of the statement was to show that other witness was under the influence and likely to carry out the wishes of Defendant not to establish that Defendant had been in possession of drugs at that time.

Arcturas
Mar 30, 2011

Soylent Pudding posted:

My trial practice professor told me how he once got the statement "...and then [Defendant] told [other witness] to put the drugs in the car" admitted because the purpose of the statement was to show that other witness was under the influence and likely to carry out the wishes of Defendant not to establish that Defendant had been in possession of drugs at that time.

Not offered for the truth is the best exception. Second-best is party opponent.

euphronius
Feb 18, 2009

Oops I misread never mind

euphronius fucked around with this message at 01:20 on Jun 14, 2013

Appachai
Jul 6, 2011

So I live in Seattle WA, and I learned that my employer didn't pay the health insurance premium for the company policy covering all the employees. The plan ended on 5/31 and HR didn't tell anyone. I saw a doctor yesterday (an orthopedic surgeon), and today they called to say my insurance is expired.

The company I work for has around 60 employees that don't know they no longer have health insurance. What should I do besides buy my own insurance? Is there some law covering notification of changes like this? I can tell from my pay stub that the premium was still deducted from my wages for the first pay-period of the month.

Anathema Device
Dec 22, 2009

by Ion Helmet
I have an idea for an Augmented and Alternative Communication Device (http://en.wikipedia.org/wiki/Augmentative_and_alternative_communication) I work with people with disabilities; I know very little about computer software and hardware, or law. I really want to see my idea widely available to those who could benefit from it, if it's a decent and workable idea. I don't want a big company to pick it up, inflate the price, and make a bunch of money off of it. (You'd be amazed how much I've seen clients pay for a device that other clients replace with a cheap iPad app.) If I were able to develop the idea, I would want to make as much of it open-source and easily customize able as possible.

How do I:

1.) Prevent anyone from claiming it as their own idea and patenting it for themselves while
2.) Still being able to seek help in developing the idea and
3.) Not putting myself too far in debt?

edit: 4.) See if anyone else is doing the same thing already

Anathema Device fucked around with this message at 01:48 on Jun 14, 2013

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Appachai posted:

So I live in Seattle WA, and I learned that my employer didn't pay the health insurance premium for the company policy covering all the employees. The plan ended on 5/31 and HR didn't tell anyone. I saw a doctor yesterday (an orthopedic surgeon), and today they called to say my insurance is expired.

The company I work for has around 60 employees that don't know they no longer have health insurance. What should I do besides buy my own insurance? Is there some law covering notification of changes like this? I can tell from my pay stub that the premium was still deducted from my wages for the first pay-period of the month.

I'd go to whoever handles your benefits immediately and discuss this with them, as there is one of two things going on here. It could be a major administrative oversight, in which case they will be extremely apologetic and get it sorted out as fast as humanly possible. However, the other possibility is that it is intentional, your company is in dire financial straits, and they simply do not have the money to pay your health insurance premium. If that is happening, then you need to get out as fast as possible. You should be looking for another job right away, and either quitting right now or giving your two weeks notice, because it is highly likely that the company is going to miss payroll and you'll end up working for free. Many employees in that situation resort to theft, even though it is illegal, because it is the only way to get the wages they are owed.

Cormack
Apr 29, 2009

euphronius posted:

Not if the plaintiff is in the courtroom.

Man, I am terrible at making funnies in this thread.

EAT THE EGGS RICOLA
May 29, 2008

Anathema Device posted:

I have an idea for an Augmented and Alternative Communication Device (http://en.wikipedia.org/wiki/Augmentative_and_alternative_communication) I work with people with disabilities; I know very little about computer software and hardware, or law. I really want to see my idea widely available to those who could benefit from it, if it's a decent and workable idea. I don't want a big company to pick it up, inflate the price, and make a bunch of money off of it. (You'd be amazed how much I've seen clients pay for a device that other clients replace with a cheap iPad app.) If I were able to develop the idea, I would want to make as much of it open-source and easily customize able as possible.

How do I:

1.) Prevent anyone from claiming it as their own idea and patenting it for themselves while
2.) Still being able to seek help in developing the idea and
3.) Not putting myself too far in debt?

edit: 4.) See if anyone else is doing the same thing already

Nobody but the inventor can patent the invention. If you make your invention available to the public (by publishing a description of it), then nobody else that has learned about the invention from you can ever patent it.

The US changed to a first-to-file patent system (before it was first to invent). If you publish a full, enabling description of your invention before anyone else has filed for a patent, then nobody will be able to patent it.

Google Patents is a slightly delayed patent database that will let you search for other patents, you'll be able to see if anyone has patented it there. Bear in mind that there is an 18 month delay on publication.

Anathema Device
Dec 22, 2009

by Ion Helmet

EAT THE EGGS RICOLA posted:

The US changed to a first-to-file patent system (before it was first to invent). If you publish a full, enabling description of your invention before anyone else has filed for a patent, then nobody will be able to patent it.

Thank you!

More questions: What constitutes a "full, enabling description"? If I need to get a tech person involved, how do I prevent them for taking my idea entirely? Would some sort of contract do that, splitting the credit or whatever?

Arcturas
Mar 30, 2011

Anathema Device posted:

Thank you!

More questions: What constitutes a "full, enabling description"? If I need to get a tech person involved, how do I prevent them for taking my idea entirely? Would some sort of contract do that, splitting the credit or whatever?

You need a patent attorney. Patents are one of the areas that you absolutely do not want to go pro se on.

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EAT THE EGGS RICOLA
May 29, 2008

Get a patent agent. They don't need to file a patent for you if you're just trying to make sure nobody else can patent it, but a proper disclosure has specific requirements.

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