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Nonexistence
Jan 6, 2014

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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Nonexistence
Jan 6, 2014
Continental philosophy

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014
Call probate court and ask if a will was ever probated and if so who the executor is

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014

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?

Lol

I think the Alford plea exists to avoid this situation

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014

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...

Nonexistence
Jan 6, 2014

Javid posted:

I'm on mobile right now but somebody post the "University of American Samoa?!?" rant from Better Call Saul

Go land crabs

Nonexistence
Jan 6, 2014

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.

However if the estate is closed good luck.

This is a good reason to always have your will updated by the way (say every five years)

And if the lawyer who wrote your will dies for the love of god get a new lawyer.

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.

Nonexistence
Jan 6, 2014

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.

Nonexistence
Jan 6, 2014

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

Nonexistence
Jan 6, 2014

EugeneJ posted:

Hi!

I'm in NY here - my dad and I are beneficiaries of my grandfather's estate who passed away recently. Per his will, my dad gets 30% of the estate, I get 10%, and my uncle gets 60%.

HERE'S WHERE THINGS GET FUN

My uncle gained power of attorney from my grandfather in 2016 and moved in to take care of him at that point. The current will was amended in 2011. The prior will saw my father and uncle share the estate 50/50, and I would inherit some valuable jewelry (this was all revealed to me today).

My father and grandfather had some differences, so the change is understandable.

In 2016 when my grandfather started to decline in health, my grandfather's house was changed to "Living Trust" on the city property records, with my uncle named to receive the house after my grandfather died. When my father mentioned noticing this after googling property assessments in late 2016, my uncle got very defensive and cited the change as "a mistake".

My father and uncle have had a testy relationship, but my father basically ceded "well your uncle should have the house because he took care of grandpa".

The will has been filed in probate and my father and uncle are meeting with a lawyer this week. My father is afraid to challenge my uncle on anything, but as far as he knows, my uncle is going to try and be appointed executor of the will. My uncle has also tried to say that the property inside my grandfather's house (where he now lives) will only be part of the estate "if he says so" (lol). That includes the expensive jewelry.

Now - here's the thing. As it stands, I stand to gain 10% of the estate, including the judgment from a pending negligence lawsuit against a nursing home where my grandfather was injured.

I was not invited to the meeting with the lawyer and have not seen the will, but my father has. My uncle has not yet told me about any of this.

Do I have a case by saying my uncle may have had my grandfather sign over the house into a Living Trust under duress in 2016 to shelter it from probate? For all I know, my uncle forged the paperwork.

Really don't want to nuke our family over this, but if I'm supposed to be getting 100k from this instead of 1k...gently caress it

Wondering what kind of attorney I would contact/where to begin

Thanks guys

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.

Nonexistence
Jan 6, 2014

Bloodfart McCoy posted:

Trust question.

My grandma is 93 years old and I just found out she doesn’t have a trust for her estate. She asked about creating one. How long after a trust is created would her assets be protected from situations like death, hospitalization, or nursing home costs?

She thinks she may be too old to establish trust now and it would just be a waste of time if she would have to wait two or three years for the trust to fully protect her estate.

She owns a house and has various CD’s and investments.

This will be a state specific answer. Go to avvo and look for estate attorneys in her area with a free consultation.

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014

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.

Nonexistence
Jan 6, 2014

Kimsemus posted:

dress like you can pay

Thread title?

Nonexistence
Jan 6, 2014

dads friend steve posted:

Dumb question but here goes:

You’re always told to never talk to cops. Invoke your right to silence and ask when you can talk to your lawyer. But if I’m just some regular person who doesn’t actually have any prior relationship with a lawyer, how does that work?

It always seems like”here’s why you should never talk to the police” spiels skip over that bit

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.

Nonexistence
Jan 6, 2014

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

Nonexistence
Jan 6, 2014
Fund the federal bureau of making people not slip on pee pee at the costco

Nonexistence
Jan 6, 2014

Devor posted:


And is there a more hardcore legal doctrine than that one


I've always been a fan of the dead hand poison pill.

Nonexistence
Jan 6, 2014

VanSandman posted:

What's the most ridiculous thing a client has ever wanted to bring a case over that you personally have witnessed?

Most :stonk: 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.

Nonexistence
Jan 6, 2014
Small claims them assuming the ring is inside that jurisdictional amount. Good chance they just pay up after getting served.

Nonexistence
Jan 6, 2014
VA does this as well

Nonexistence
Jan 6, 2014
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.

Nonexistence
Jan 6, 2014
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 if when it's set up wrong.

Nonexistence
Jan 6, 2014

toplitzin posted:

What's the point of an Alford Plea?

It looks really bad, all the evidence would convince just about anyone, so I'm going to plead guilty but dammit I'm innocent and I want the record to show it.

Is that about right?

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

Nonexistence
Jan 6, 2014
Please post the results

Nonexistence
Jan 6, 2014

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.

Nonexistence
Jan 6, 2014
What if you're a lawyer who can't afford a lawyer

Nonexistence
Jan 6, 2014
You are supposed to cut them off and tell the court they are lying

Nonexistence
Jan 6, 2014
You can and I've seen wills impose much more silly and petty conditions, always derivative of spite over family conflict

Nonexistence
Jan 6, 2014

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.

Nonexistence
Jan 6, 2014

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.

Nonexistence
Jan 6, 2014

RazNation posted:

Somebody should be able to correct me if I am wrong but here goes.

Your grandmother died first so all of her 'stuff' belongs to your grandfather..........if they were legally married. I don't know why they named your mother Exec if your grandfather was still alive unless he agreed to it. But he should be the person who receives all of her property (unless I am missing something here)

Then your grandfather passes away. In their will, they state that they want your mother to be Executor. Since there is two people listed here, it looks like they are treating it as two-party estate.

Since both of their names are on the title of the car, they both would have had to sign the title to the new owner. This means that the new owner would need to have a copy of both testamentary of your mom to show BMV.

However the bigger issue I see here is that your mom was in charge of your grandparents estate (property) so I don't see how you could sell the car that you do not own or have the right to sell in the first place....unless it was under the direction of your mom.

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

Nonexistence
Jan 6, 2014
Why would texas probate law apply for an indiana estate?

Nonexistence
Jan 6, 2014

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

Nonexistence
Jan 6, 2014
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

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Nonexistence
Jan 6, 2014
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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