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baquerd posted:How much process and cost is involved in giving a baby up for adoption? Just curious, how would you phrase this argument to a judge? Not trying to sound callous, but I can't imagine any judge being persuaded by "your honor, why should I have to pay child support when instead she could just quit being a mom?"
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# ¿ Feb 16, 2018 21:59 |
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# ¿ Apr 25, 2024 06:43 |
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Continental philosophy
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# ¿ Apr 7, 2018 03:13 |
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Does/did your mother's estate have someone qualify as executor/some other kind of fiduciary? They can probably show their certificate of qualification to the dmv to get the car titled to whoever it was supposed to go to.
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# ¿ May 22, 2018 19:14 |
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Call probate court and ask if a will was ever probated and if so who the executor is
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# ¿ May 22, 2018 23:29 |
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Doesn't hurt to call and ask, different states keep probate records for different periods of time. If something sits in unclaimed property long enough it escheats to the state.
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# ¿ Jun 25, 2018 20:50 |
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Phil Moscowitz posted:Is it unethical for a lawyer who knows his client is innocent to allow the client to plead guilty and, in doing so, be placed under oath and participate in a plea colloquy wherein he professes guilt? Isn’t that perjury? I think the Alford plea exists to avoid this situation
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# ¿ Jul 14, 2018 15:41 |
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My understanding is Alford pleas are allowed on a state by state basis but I have no idea how prevalent it is or if you can do it in federal court.
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# ¿ Jul 14, 2018 16:23 |
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euphronius posted:Also no doubt Cicero and JC had dozens of Greek slaves to help them with the motion work and business side of being s Roman lawyer. New from the minds who brought you Better Call Saul...
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# ¿ Aug 13, 2018 17:08 |
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Javid posted:I'm on mobile right now but somebody post the "University of American Samoa?!?" rant from Better Call Saul Go land crabs
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# ¿ Sep 21, 2018 02:27 |
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baquerd posted:Suppose a lawyer with their own practice as a sole owner prepared a document such as a will, and then died. Later, the document turns out to be improperly prepared with substantial damages to the estate. Is there recourse, assuming the practice is now defunct and inoperative? euphronius posted:One in this situation could sue his or her estate as liability can arguably be personal. What Euph said but in every state for which I've encountered this even if the estate is closed you can just reopen it, though you might need to qualify yourself if the original fiduciary won't or is unavailable. In VA at least creditors can and do qualify as administrators to collect their debts against the estate. You still have statute of limitations issues to worry about though, some new ones of which may have started running at the lawyer's death.
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# ¿ Sep 21, 2018 20:44 |
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blarzgh posted:I bill my life one quarter hour at a time. On the surface it looks like they made a movie about billing, but they actually made a movie about family. Or The real friends were the billings we made along the way.
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# ¿ Oct 11, 2018 21:20 |
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blarzgh posted:There's only like a handful of those states left so you're fine unless you live in (rolls 6-sided dice of lovely states) Louisiana or Alabama?? Virginia
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# ¿ Oct 19, 2018 02:01 |
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EugeneJ posted:Hi! You want an attorney that practices in estate litigation - it may be easier to find a general probate attorney who can then point you in the right direction. And do this like, today - I've seen this scenario a hundred times and if you don't act fast your uncle will get appointed, spend down the estate, and the best you're going to get at the end is a paper judgment. Act now and your attorney can freeze the estate account. Your uncle has already nuked this and there's no putting the genie back in the bottle. Be the rear end in a top hat your dad won't and insist on things being done right.
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# ¿ Mar 11, 2019 14:17 |
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Bloodfart McCoy posted:Trust question. This will be a state specific answer. Go to avvo and look for estate attorneys in her area with a free consultation.
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# ¿ May 5, 2019 20:26 |
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Many personal injury clients are uninsured and would have no recourse or access to treatment without the contingent fee agreement. Remember our healthcare is super expensive and inaccessible for many.
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# ¿ Jun 5, 2019 12:53 |
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If guy is still looking at thread, most probate attorneys will give you a free consult, yes it will evaluate the quality of your case, yes they may expect an advance fee to bill against but many probate attorneys accept the majority of their billing coming out of your share of the estate. The worst and most frequent mistake people in your position make is saying "well I can't afford $100 to explore my options or $2k to start this attorney rolling so I guess I'll just roll over and kiss my 100k+ inheritance goodbye with no resistance." The second worst and most frequent is waiting to do the math and figuring $2k for $100k+ is a pretty ok investment and acting on it when it's too late for your attorney to prevent deadbeat executor from blowing the estate on meth and beanie babies.
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# ¿ Aug 4, 2019 00:39 |
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Probably not - I don't know why they propagate the rumor that if you just show up the judge will be lenient/dismiss the ticket. I've never seen it happen. I expect the result you are going to get is you show up in traffic court, say all that, and the judge, not even feigning to have listened or cared, will say "guilty" and the fine will be lower than the cost of appealing the decision.
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# ¿ Aug 6, 2019 17:33 |
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Kimsemus posted:dress like you can pay Thread title?
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# ¿ Aug 7, 2019 21:00 |
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dads friend steve posted:Dumb question but here goes: Criminal lawyers here can give you better advice on the magic words, as the "get me a lawyer, dog" case shows it is increasingly an issue of saying "the magic words," but saying "I clearly and unequivocally invoke my 5th and 6th amendment right to counsel. Allow me to arrange for my own legal representation or provide me a court-appointed attorney" should get them to allow you to hire a criminal lawyer or get you a court-appointed attorney. If they don't, just don't speak to them and they can hold you a maximum of 24 hours without cause or suspicion before they must release you.
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# ¿ Aug 13, 2019 22:20 |
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Modus Pwnens posted:Why use legal shield when you can get real Legal Advice from Real Lawyers for free in this very thread You have a good username
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# ¿ Aug 17, 2019 04:10 |
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Fund the federal bureau of making people not slip on pee pee at the costco
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# ¿ Aug 18, 2019 12:29 |
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Devor posted:
I've always been a fan of the dead hand poison pill.
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# ¿ Aug 22, 2019 18:47 |
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VanSandman posted:What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed? Most was a woman whose plastic surgeon gave her butt implants with used implants. Infection. Sepsis. Necrosis. Use your imagination. That and any estate for a cat lady. She dies. Nobody knows because she's a lonely cat lady. Nobody feeds the cats, so they eat her. Then they eat each other. Then they starve. Then the power bill doesn't get paid. Then the fridge turns off and the freezer melts over the carnage. Then things get moldy. Then the landlord pays a visit because rent hasn't been paid or the neighbors notice a smell or water damage. Then I get a phone call.
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# ¿ Sep 2, 2019 01:08 |
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Small claims them assuming the ring is inside that jurisdictional amount. Good chance they just pay up after getting served.
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# ¿ Oct 2, 2019 03:24 |
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VA does this as well
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# ¿ Oct 7, 2019 18:31 |
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I feel like the classic immigration law honeypot I always see is they get charged with some minor crime and a criminal lawyer convinces them to plea to a minor suspended sentence but in the process has them enter a guilty plea and whoops now they've admitted to committing a crime have fun wherever you came from.
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# ¿ Oct 20, 2019 03:38 |
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Also you can negotiate a flat rate lower than that for your prospective real estate issues and oh my god do not use a prepaid service to set up a trust, the trust will pay that expense and you will save orders of magnitude getting that set up right by someone with expertise than litigating it to death against your relatives in the future
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# ¿ Nov 6, 2019 23:22 |
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toplitzin posted:What's the point of an Alford Plea? Avoiding the guilty admission can be a big deal for parallel civil litigation or like immigration consequences and whatnot but maybe you don't want to also have to go through a trial you know you will lose to get there
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# ¿ Nov 23, 2019 04:35 |
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Please post the results
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# ¿ Dec 6, 2019 15:17 |
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To piggyback, many people incorrectly assume lack of visible enforcement of internet speech directly calling for violence and then resulting in actual violence = you have some amorphous 1st amendment protection to do the same. You don't, it's no different than calling for violence and then getting it in any other context, and hiding behind usernames and anime avatars won't do anything for you when Twitch or Discord or whomever gets a subpoena.
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# ¿ Dec 11, 2019 22:42 |
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What if you're a lawyer who can't afford a lawyer
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# ¿ Dec 18, 2019 23:20 |
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You are supposed to cut them off and tell the court they are lying
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# ¿ Dec 22, 2019 20:45 |
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You can and I've seen wills impose much more silly and petty conditions, always derivative of spite over family conflict
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# ¿ Dec 23, 2019 04:29 |
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SkunkDuster posted:Go on.... The most extreme was a guy who was very unhappy that his son made him stop sending money to this very nice man in central america who was totally helping him invest in telecoms in developing countries and not, uh, just taking the money. Son was even able to claw back $200k of it. Dad's condition was for son to get his inheritance, he had to take dad's ashes in a john boat on a specific lake at midnight under a full moon and scatter them while thinking about what a lovely son he was. Dementia is one hell of a drug.
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# ¿ Dec 25, 2019 06:22 |
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SkunkDuster posted:How would you even enforce such a thing? Would you have to go with the son on a john boat midnight ride, or would you just take his word for it that he spread the ashes as his dad wished? In our state the county oversees the actions of fiduciaries in charge of estates, so they would require son to demonstrate he complied by some measure of competent evidence before distribution. If he did not do so and received his share anyway, fiduciary would be liable to the other beneficiaries in the amount they would have gotten but for his mistake. Fiduciary can petition the court for a hearing if there is a question about whether son has provided sufficient evidence he satisfied the condition.
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# ¿ Dec 26, 2019 04:52 |
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RazNation posted:Somebody should be able to correct me if I am wrong but here goes. Oh my god OP if you see this please do not follow it. In my state the answer is that your mom made a ton of transfers of property outside of both estates before even becoming executor because she assumed the will giving her the right to attempt to become the executor was the same as automatically becoming the executor on death and 1) the estate has a cause of action against her for the fuckery she did before becoming executor and 2) the fuckery she did before becoming executor confuses everything about what is in whose estate because even if she distributed everything correctly, she did it without the legal authority to do so and could have also failed to satisfy outstanding debts, file taxes, file required paperwork with probate, and a ton of other stuff that may absolutely financially ruin her. Nobody but an Indiana probate lawyer can tell you how this is supposed to go or diagnose the problems that have already occurred and do damage control on them. There is nothing in OP's post that suggests grandfather's will left everything to his wife. There is nothing in OP's post suggesting in Indiana grandfather's right to the vehicle goes to his estate or transfers by operation of law to the other joint title holder. There is no such thing as a "two party estate." Whether OP sold the car at mother's direction or without her knowledge, that means either OP stole from the estate, because nobody had legal authority to authorize that transfer, or OP's mother allowed a misappropriation of estate assets under her supervision for which she is personally liable because it is not at all clear which estate even owned that property, if there are any other beneficiaries of either estate who would have to consent to the transfer, or if and when mother got authority superior to the consent of beneficiaries to liquidate estate assets. Nonexistence fucked around with this message at 21:34 on Jan 4, 2020 |
# ¿ Jan 4, 2020 21:21 |
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Why would texas probate law apply for an indiana estate?
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# ¿ Jan 5, 2020 15:42 |
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Mr. Nice! posted:It won't. Indiana law will and may have significant differences. Estates are extremely state specific and if there are questions you should consult with an attorney in your jurisdiction. I know, I'm trying to point that out to OP
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# ¿ Jan 5, 2020 18:57 |
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Call on the phone > send the email > send the letter > take them to small claims court if not resolved Post a bad review at any point for additional leverage You've got nothing to lose and this could absolutely be decided in your favor on testimony alone Nonexistence fucked around with this message at 18:59 on Jan 13, 2020 |
# ¿ Jan 13, 2020 18:57 |
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# ¿ Apr 25, 2024 06:43 |
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Also drop that attorney if he doesn't know what he's doing, just explain to the beneficiaries he's unhelpful, the estate is paying for him, and you're out 55k if this gets fumbled. Wouldn't hurt to ask a probate clerk at the courthouse to point you in the right direction, though they won't be able to give you legal advice.
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# ¿ Jan 15, 2020 23:14 |