Title: (Mex/Can) My father with dementia transferred ownership of his condo to his Mexican wife right before he died. It was always his plan to leave it to his children. What can we do?

Question:
I apologize in advance for the length and formatting(mobile)of this post. TL:DR at the bottom.

Not sure where to start with this one. It has been so many years in the making and it just gets more and more complicated. I have left out details to prevent this post from being even longer.

First off, I would like to say that my brother and I are not money grubbing children. **We love our dad and we're trying to look out for his future health and well-being as best as we know how. That being said, we didn't want him to be taken advantage of.**

My father (divorced) retired to Mexico after selling his business in Canada about 6 years ago. He made a decent amount of money off of it but is by no means Rich. He bought a condo in Mexico (technically a trust bought the condo as foreigners can not own property near beaches in this state.) Shortly after retirement my brother and I (as well as many concerned people who knew him) began becoming concerned about the potential onset of dementia. I won't bore you with the details but **he was eventually diagnosed with a type of dementia that affects long term planning and decision making.**

While he was in the process of getting tests (difficult as he was only in Canada half the year), **he met a lady in Mexico**. He was introduced to her because someone said he was looking for a wife. She seemed very nice but my brother and I had concerns about my fathers ability to understand what marrying a lady from Mexico meant for his condo and his assets. **She was also quite attractive and 20 years his junior.** My father was pushing 70 and a could be a difficult person to interact with when you both speak the same language fluently. It just raised a few question marks.

With his suspected dementia, he would likely need a high level of care for many years. **We urged them to wait to get married until after all of his tests have been completed for both of their sakes**. There was a wedding date set in Mexico that would allow for more testing. He needed to see very specific specialists and it was difficult to set up with him being away so often. **They ended up getting married in secret** before the wedding date and before his meeting with the specialist.

On his next visit to Canada he saw the specialist. **They confirmed our suspicions of dementia**. (I cannot remember the exact timing offhand but I believe the official results were after the wedding) The diagnosis has since been confirmed by other medical tests and a second opinion.

**My father did not understand the consequences of his marriage**. Apparently there are two types of marriages in Mexico. He believed that in the event of a divorce he would take his stuff and she would take hers. **But she had chosen to get married in such a way that they combined their assets**. With multiple conversations he still did not understand the type of marriage he got. His wife was a tale of two people. Every time we met her she seems very lovely, warm, and like a very nice person. But many actions (like this one) that I will not go into show very different side.

My father 100&#37; assured us that the condo was safe. It would always be passed to us upon his death. I pressed him on this issue but with the dementia it was hard to explain to him. At the time we were mostly concerned that he would be able to sell the condo to pay for his future medical care when it came time.

**My father recently passed away while in Mexico.** He was ill for a while and she took care of him. This was the first time in their 2 year relationship where we actually thought she cared about him. We developed a more positive relationship with her. We were able to go down and say goodbye, although he was still convinced that he had 10+ years. It took him very quickly.

In my dad's will, both most recent and previous, the condo was to be left to my brother and I. He had stated that he would not be leaving anything to her from the will because he was going to make her a beneficiary of part of his life insurance. He never got around to doing this.

**My brother and I wanted to ensure that she was not left without anything**, especially since she cared for him for the last few months. When we went to go and transfer ownership of the trust, **we discovered that the ownership had been transferred to her** one month ago. At this time my dad was **in and out of the hospital**. He was hardly able to hold a conversation due to the sickness, let alone understand what was going on.

We have some evidence through texts that show that **he did not understand what he was signing.**

My brother is in Mexico now. He is planning to get a lawyer and figure this out. I feel helpless up here and I was hoping that Reddit could provide a strategy to help us out.

What is our strongest case?

Contesting it on grounds of dementia? **What should we do?**

The testing was done in Canada, and she took him to a doctor friend of hers in Mexico who said that he was fine.

TL:DR

My father, who married a lady in Mexico while he had dementia, recently died. His $500k Mexican Condo was transferred to his wife a month before he died. He has multiple tests confirming the dementia, he was very ill when he signed, and did not fully understand what he was doing.

What can we do?

(I apologize for any confusing tense issues. He only passed away this week and it's still difficult to talk about)
Topic:
Wills Trusts and Estates

Answer:
 You need to speak to a lawyer and see if it is possible to reverse any or all of this.  That is your only option.Answer #2: I’m so sorry. I’d definitely talk with a lawyer ASAP. I would hope with the proof of his dementia the choice he made in the last month can be reversed. Answer #3: IANAAL. Get a Mexican Lawyer. The Canadian Embassy in Mexico or the Mexico-Canada Chamber of Commerce may have lists of lawyers specialized in civil matters.
The Código Civil Federal of Mexico states in Article 156(9) that incapable people are unable to contract marriage. An annulment action must be placed in Mexico to annul the marital society. Gather all evidence and send it to the Mexican lawyer to prove he was unable to consent due to his dementia (Article 450(2)).
Hope it helps.Answer #4: Speaking with a lawyer is going to be your best course of action. Since he was debilitatingly mentally ill when he signed, it could be a good point in your case. Good luck, friend.


Title: [IL/IN] Out of state speeding ticket going 100mph in a 70mph zone, leaving the country tomorrow.

Question: [deleted]

Answer:
 Pay the ticket when it's posted online, unless you want to go to court to dispute it (you don't), and then your legal troubles are over.

 You listed a lot of excuses, but going that fast is incredibly reckless, and there are often consequences for that, including increased insurance rates. You could have gotten in a wreck or attested instead of just the ticket. Learn from it and enjoy your trip out of the country.

Edit for clarity: you can almost always pay the ticket online or over the phone, depending on the county. If not, you can mail a check. No appearance necessary.


Title: My father molested me when I was a child and I want to sue for emotional damages–please help.

Question:
I will give as much information as I can but also I want to be as vague as possible primarily for my own safety, and because this is incredibly personal. I have a few specific questions listed after the background intro, but any advice would be helpful. I want to know what my blind spots are.

If you take the time to reply any or all of my questions, you are an angel and are going to change the course of my life for the better.

&nbsp;

**BACKGROUND**

This all happened in the state of Michigan, I’m in my 20s now.

Two years ago I began to suffer from acute symptoms of PTSD. It was debilitating, I couldn’t properly work for more than 4 months and I thought had a brain tumor because the symptoms were so intense. Many medical tests ruled out any physical cause and the neurologist told me to see a psychologist. I began seeing a therapist and it was soon very apparent I had chronic severe PTSD.

I told her I’ve always had the vague awareness that my dad abused me, but my coping mechanism was dissociation. Basically–trying to pretend it never happened and repress it. In therapy, we began pulling apart my childhood and sexual history. I faced those difficult feelings and memories. The pieces started falling into place. Literally the only thing that makes sense was that I was molested, repeatedly. But this man was a sophisticated predator and toys with my sense of reality, even to this day.

I kept using my coping mechanisms throughout my childhood and adolescent. I moved out of his house when my parents got divorced when I was a teenager. I’ve had very little contact with him since. He has reached out to me about half a dozen times for reconciliation, I have ignored his attempts to contact me.

It wasn’t until those intense symptoms started two years ago that finally broke me down and forced me to deal with the trauma. And now 2 years and a lot of therapy later, I feel confident and stable enough in my mental health to go after him and hold him accountable for his disgusting actions.

&nbsp;

**QUESTIONS**

&nbsp;

**Question #1:**
**Would it be a good idea to call in an anonymous tip?**

Do I know for a fact that he’s in possession or CP? No. But I have a hunch he does. My first therapist suggested I do this, saying that it would either be a huge win for evidence or just be right where we started with nothing lost. I’m not so sure about that just because if they do come up empty handed, I imagine he would go thermal-nuclear and I would fear for my life and the life of my family. So, would it be worth it?  Would it truly be anonymous, would the police take me seriously? How fast does this process usually take and what does it entail? Would it hurt or help my case if I took him to court? When should I do it?

&nbsp;

**Question #2:**
**If it goes to court, will I need to give my father and his lawyers all the contents of my medical records/therapy sessions?**

I spoke to a lawyer on consultation phone call and one thing that jumped out at me is that she told me that if I it goes to court, him and his lawyers have the right to all my medical records. I.e. all the things I have ever talked about in therapy. I could not believe this when I heard it. It took so much courage to open up in therapy, and now I have to basically hand over everything to the monster that did this to me? And wouldn't this information exist in some documents in a courthouse somewhere forever? If someone could explain to me the details of this part of the process, I would be so appreciative.

If I have to hand over all my therapy records that include everything I’ve ever talked about (or even ‘just' everything sexual in nature) I don’t think I can move forward with the case. I’ve already been violated so badly, to then have the shred of sexuality that I have that is mine and mine alone taken away from me too makes me want to cry.

&nbsp;

**Question #3:**
**Would it be a good thing if I teamed up with my brother who I also believe was abused?**

My brother (who I'm not very close to) had a really difficult time with his mental health. He had a psychotic break a few years ago. It’s clear most of his trauma stems from our father. However, I don’t know if the abuse was sexual in nature. Or if he saw/knows something I don’t, since he is a few years older than me.

Regardless, it would be difficult to reach out to him because he and his doctors basically pretend like our father doesn’t exist. I am extremely against this tactic because I can’t see how it possibly could be healthy or helpful, but that’s another story. As you can see, me trying to confront him about it, let alone get him to go to court with me if he can barely say our dads name, would be very hard. I feel like even asking him for any insight would unhinge his mental stability that he worked so hard for.

Something else worth mentioning-during one of his psychotic episodes, he had a delusion that he had a wife and a daughter who was very young, either a infant or a toddler. He wrote many letters to both his “wife” and his “daughter” detailing him raping his daughter, and sometimes he would rape her with his wife. He said he was doing it because he loved her so much, it was not written as a malicious attack. Is this just a psychotic episode and a coincidence? Maybe. But I hope you can see the parallels make me think that this is an expression of trauma, be it trauma he experienced first hand or witnessed. I have pictures of these letters.

&nbsp;

**Question #4:**
**How do I find a lawyer who can go up against him when he’s also a lawyer and very well connected in the community?**

He knows the law well I and don’t at all. This terrifies me. This is part of the reason I haven’t done anything up until this point, I feel as powerless as I did as a child. I feel like there is no way I can win. I feel like he will find a way to destroy what little of a happy life I made for myself. I truly am afraid he will harm me or my mom, or even have us killed. How do I find someone who is willing to help me and take him on when I’m a broke 20 something? I’ve reached out to my local bar association and the few lawyers who I got referred to have only handled a dozen or so cases like mine, and didn’t seem like they would be as vicious as his lawyers. How do I find the right lawyer?

&nbsp;

I have more questions, but these are the main ones. And I imagine this post will give me more and better questions to ask. Any information at all is helpful, I can do more research on my own I just need jumping off points. Thank you so much if you’ve read up until this point.

Answer:
 You are facing a couple of real hurdles. First is timing. There is a good chance that you are beyond the statute of limitations. Michigan passed a new law last year extending the statute of limitations for childhood sexual abuse, but it has limitations.

Next is proving that anything happened at all. You say that "Literally the only thing that makes sense was that I was molested, repeatedly." But that sounds exceptionally weak. Yes, it is extremely likely that if your claim moved forward, your father would have the right to your medical records. Those records would be subject to a protective order that keeps them from being made public record.

If you want to move forward, schedule a consultation with one of the lawyers you were referred to. But prepare yourself for the possibility that some of the hurdles may be insurmountable.


Title: [USA, Nebraska] I believe I was wrongfully committed to a psychiatric hospital in Nebraska back in 2012. I've spent the last few months trying to get legal help without any success and need advice.

Question:
I'll try to keep this first post short. I'm not to sure if this is the right place to talk about this, but I've contacted so many attorneys in my state that don't really handle this practice area, it appears to be an obscure one.

I believe I was wrongfully committed to a state hospital 3 years ago in the state of Nebraska. A week before all this happened, I was at a wedding out of state and believed a friend was trying to take advantage of a person too drunk to give consent. I said "I will kill this guy if he rapes a girl." The situation blew over and I went back home.

A week later, back in state, this statement was used against me in a tenant dispute, which did not involve anyone at the out of state wedding, and my local police department detained me.

 I think I can make a good case for myself by pointing out several mistakes that were made during my hearing. For instance, one of the mistakes made was a psychiatrist was allowed to testify against me over the phone without first proving it was absolutely necessary for him to be elsewhere, a violation of the confrontation clause of my constitutional rights. Also, I had dealt with this psychiatrist months before in a completely separate practice and setting on a voluntary basis which ended after I essentially fired him after he misled me over off label medications. It just so happened he also worked for the state on mental health boards. I asked him to be removed from my case because of our prior relationship, which was ignored. I refused to talk to him at all at during this period, but he used information he had heard and information from our prior relationship, which I did not sign off on, to make the case that I was a danger to others and myself, even though I had no history of mental illness, no criminal record, no history of violence or self harm. After only a few days in custody, and one brief evaluation which I refused to participate in, I was committed for being a "mentally ill dangerous person."

Later, after I was released from my commitment (the minimum stay of 90 days), I sought a second opinion (after being refused my request of a second opinion while committed). After a year of therapy and testing,  I was diagnosed with ADHD instead of the other doctor's diagnosis of bipolar disorder. I moved on with my life and I graduate college a few weeks ago, and now I want to focus on making this right.

I'm finding it very difficult to get legal help for my situation as it seems the system is geared toward upholding a commitment and there is no system in place to investigate whether I was given a fair hearing or not. Any advice is appreciated, if you’d like the long version, I could probably type that up too. Thank you for listening.

Answer:
 There is no conviction, as you were not convicted of a crime. It sounds like you were detained -- in a medical facility -- for your own protection, not on the basis of a criminal act. (Threatening to kill someone wasn't a smart move, but it's not necessarily against the law.)

What happened during the "tenant dispute"?Answer #2: Did you have a lawyer at this hearing?

Did you file a complaint with the state medical board?

What are your financial damages? Loss of wages, tuition?

I would start by investigating whether it's legal to hold someone for 90 days without having regular psychological evaluations. That seems, well, nuts.


Title: Entirely hypothetical question about 21st birthdays. If someone from the east coast turns 21 at midnight and wants to go out for a drink and is legally 21 on the east coast, but is in California and wants to get a drink at 9, can they leggy have a drink?

Question:
I'm 24 and have no idea where this thought came from.

Ninja edit: legally* autocorrect

Answer: They must be 21 in the state they are physically in. So no. They cannot get a drink until midnight in CaliAnswer #2: ... no? You need to be 21 where you are, not 21 somewhere.


Title: [MI] How do I stop my Appartement neighbor from Knocking on my door.

Question:
He knocked 4 times because his fat ass can't part straight and was having trouble getting into the car that was next to mine.

I didn't answer and it was 1130pm what would I have to put in a note outside my door that would make it legally binding to prohibit him from being able to knock on my door?

If he has a problem with my parking I prefer he call the police, his car is also obnoxiously loud, and he has a yappy dog and puts lights incents in the hallway.

What's the most amount of legal trouble I can get him in?  Eviction or jail would be ideal so I never have to be knock harrassed by this whale again.

Answer: What did he say when you approached him like an adult and asked him not to knock on your door?


Title: (IL) I have little to NO water pressure in my apt and my landlord doesn’t seem to be doing anything about it

Question:
I’ll give a bit of background. Back in June my friend and I signed the lease for our current apt. Both times we showed up to view the apt and meet the landlord/sign the lease the apartment was having repairs done. Such as they were replacing the windows, installing hardwood floors in the bedrooms, and something about the bathroom being fixed. My friend and I are young and naive and didn’t have the sense to check for important things such as water pressure in this case.

This wasn’t disclosed to us by ANYONE and wasn’t admitted until I brought it up. My friend moved in a month before I did and she notified me that the water pressure was little to none. She was upset that there were times during the day that she’d open every available faucet in the house and no water would come out. Also, someone downstairs flushed the toilet? You best believe we won’t have water for at least 5 minutes. We are 6 months into our lease. We have asked them to fix this time and time again. (Our landlords live in the unit below us) I have resorted to texting them every single time I turn on the faucet and no water comes out in hopes that they get a feeling for how aggravating this problem is. Still nothing is done. My friend and I want to break our lease because there’s days where we can’t even shower or wash our dishes because the pressure is literally little to none. Obviously I’m not sure how I can go about this. I’ve looked up laws and such but my brain gets scrambled trying to understand.

We have been patient when they claimed to be looking into having it fixed. We still pay them rent. We’re respectful tenants, but we HATE our living situation. I guess i want to leave with my security deposit in hand OR make them legally fix it somehow I just dunno how to go about that. There’s a few other things that are annoying that we were promised a solution for. We can’t go directly to our alley through the back of the house because they have literally every single door locked with padlocks and door locks that we were “gonna be given keys for” and we never were given keys for, which means we have to go AROUND the whole block thru the front of the house to throw our garbage out. They broke the back door to our apartment while they were prepping it for us to move in and that still hasn’t been fixed. The light in our living room doesn’t work, which I mean we have lamps but that’s also annoying and we’ve been told it’ll be fixed and nothing. I just wanna leave. I made a terrible choice when I chose to live here and i want out. Help please.

Answer: Having running water is a habitability issue in almost every state.  Send a certified, written letter to your landlord about this issue.  Someone more familiar with IL laws can tell you about withholding rent or leaving under a breach of contract.  Good luck!


Title: Cops / Fake ID

Question: [deleted]

Answer:
 You should get an attorney.

You should keep silent. Do not lie, just don't say anything. Answer #2: Don't lie. Just don't answer any questions. Lying got you into this, but it won't get you out.  There are cameras and cops aren't dumb.Answer #3: Sure, cops love it when you insult their intelligence.Answer #4: You screwed up, but I very seriously doubt you will ever hear anything from the police about this.


Title: [TX] Divorced mom with 50/50 custody trying desperately to make it work with co-parent that won't budge despite inability to meet custodial obligations. Wondering about if problem is even legally viable before seeking counsel...

Question:
Long story/ kinda a rant because I'm frustrated. Sorry...

Here's the sordid tale that warrants legal suggestions:

My son's dad walked out in September 2015 after what could only be described as a quarter life crisis.

He eventually came back around with consistency after a few weeks. In spite of several poor decisions on my ex's part while he "finds himself", my son and him love each other very much which is why I agreed with no contest for 50/50 custody in April of 2016 when our divorce was finalized. While I was upset with him as a husband, I didn't want to be the reason my son and him spent anymore time apart than divorce would already require.
I fucked up and agreed to mediation (instead of legal counsel) because I didn't want my ex to feel threatened during legal proceedings.

Oh boy... what a mistake. Since then here are some of the highlights:

-He made my life miserable because I would not "work with him" on the geographical restriction clause of our decree. He wanted to strap our son in a car seat for a minimum of 9 hours week so he could move an hour away all while maintaining 50/50 custody on a 2-2-3 schedule. (I later found out this was to be closer to a woman he was dating before we divorced). Speaking of...

-I found out he introduced a woman to my son who was practically living with him 75% of their time together in February 2016. Surprise surprise. It didn't work out. Son suffered another loss.

-He spent time in a mental hospital for suicidal thoughts and anxiety.

-After trying to reconcile for a few months, I found out he was sleeping with several other women while supposedly being monogamous to me... and was doing this on at least one occasion during custodial time with my son present.

-He was taking prescription xanax with alcohol on multiple occasions.

Fast forward to now...

We worked on our co-parenting relationship quite a bit. I have forgiven past transgressions although am hesitant to put myself in line to be taken advantage of again.

We just had another blow up...

He has a job in which he depends on his parents for much of his custodial obligations. Often times he has ignored first right of refusal) but I have tried to "pick my battles". My son's grandmother takes care of him in the mornings and takes him to daycare most mornings so my ex can leave for work early. My ex often also needs his parents to watch him overnight or pick our son up in the afternoons during his custody.

It is now summer... I am a teacher. I can watch our son most of the time. During the school year, my schedule is much more consistent and predictable. My ex refuses to adjust custody even though he can only see our son for maybe half of his custodial time (perhaps more if his work schedule allows). My son has commented on "[not liking] the three houses"...

His parents are great people but don't always align with my ex's and I's parenting goals. The lack of consistency concerns me...

The custody is currently more like 50% me 25% dad and 25% grandparents who don't really like to parent ('cause they're grandparents and want to do fun stuff of course!). I want our son when his dad can't have him. I would like my ex to have our son WHENEVER he is actually able to with respect to his work schedule. I do NOT want to take our son away from him... just adjust the schedule to where I have him more when my ex can't.

Guys, the guy is lost. He loves his kid. But he's lost. I have tried desperately working with him and, sometimes, he is WONDERFUL, but other times... it's impossible to get him to make the best choices for our son because he feels attacked. He told me today that if I try to adjust custody he will tell our son that I took him away from his daddy... :(

I'm dyin' here. When I have tried to pursue legal counsel last summer they said I needed to wait longer or a judge would see it as just being "difficult". I feel like no one thing I have mentioned really warrants heavy handed legal action... but together with his somewhat frequent refusal to communicate is making this really crappy for all involved. Especially our little one.

Would this even be viable in court to adjust custody?

For reference, he is about to start school and we'd likely need to adjust custody anyways from 2-2-3 schedule to a one week on one week off kinda thing.

Phew... if you finished this. Bless you, you kind, kind soul.

Answer:
 > He told me today that if I try to adjust custody he will tell our son that I took him away from his daddy... :(

When you retain a lawyer, make sure you share this tidbit with them. Threatening parental alienation for requesting adjustments to the custody agreement will not be viewed upon fondly by a judge.


Title: Should I get a lawyer or do it myself?

Question:
Tldr; cat breeder could not cash cashiers check and refused to hold a kitten any longer, therefore refused to refund the deposit (500)

Back in the summer I had seeked out to get a specific breed of kitten. (I won't go in to detail but I wanted a kitten and this specific breed)

I found a breeder in my area that seemed to have many people recommend her. I proceeded to contact said breeder, after putting a deposit on the kitten I had pick out of a litter (500 over Zelle) we proceeded to wait to pick up said kitten (roughly a month later when the kitten had reached 12 weeks and was neutered)

I had mailed a cashier's check to the breeder for the remaining amount. The breeder had recived the check a few days later and complained they could not cash it due to being in her "Catery Name" and because of this she did not want to wait for the process of her sending the check back and me canceling the check to write her a new one. Therefore she refused to "hold a cat any longer" and refused to give me a refund on the deposit.

She has stated on her website she does  not do refunds. But that was never stated or agreed upon nor did I sign any kind of contract.

Should I get a pro bono lawyer or go through small claims fee (if so how do I even do that)? What do I do next to get the deposit back?
Topic:
Other Civil Matters

Answer:
 >Should I get a pro bono lawyer

I highly doubt you're going to get a lawyer to represent you for free in a civil matter over something that's non essential.


Title: [CA] Supervisor Checking and Sending Emails from my Email Account

Question:
Hi everyone,

My wife recently started a new job here in CA. On her second day, her new supervisor requested that my wife provides her with her newly issued work email password. My wife did so as she was new and didn't want to create an issue.

Now as it turns out, a few weeks into this position, the supervisor rummages through my wife's trash, checks my wife's work email regularly, and even sends emails from my wife's email account.

What can be done, if anything?

This is a non union job, but the employees here are attempting to unionize.

Answer:
 > What can be done, if anything?

Nothing.  The email account is not your wife's property, and the employer is free to go through it as he sees fit.


Title: [Florida] Can I rent the house I shared with my ex-wife years ago?

Question:
I got divorced six years ago.  My divorce paperwork says I have "sole and exclusive use" of the home.  The divorce paperwork says that I have to split the profits from the sale of the home.  However, it says nothing about any rental income generated from the home.  I have been considering renting it but I was wondering if any of you thought my ex-wife could have any legal recourse in this situation.

I can't find a Florida statute that covers this situation.  Do any of you know of one or are familiar with any legal precedent with this situation anywhere?  I know this is specific to Florida but I'm curious how other states may handle it if it's not explicit in the divorce paperwork.

Thanks in advance.

Answer:
 I don't know any particular law on point, but I would expect that you're ok to rent it out and keep the profits. The divorce order gives you the right to receive the entire benefit of the sole and exclusive use of the home. With most benefits that you hold as of right, you can choose how to receive that benefit. Here, I would guess that you can choose to receive it in the form of enjoying occupancy of the home, or in the form of receiving the fair market value of the rental of the home.

Of course, the caveat here is that the court may have reasoned, at the time of the divorce order, that you'd be moving shortly and selling the house. If that was their reasoning, they might see your choice to rent it out as a choice to unreasonably delay the expected sale of the house and keep your ex from being able to realize her equity in the house.


Title: Filipino mistress engaged to father now. Mom died and had no clue. Will the mistress get everything?

Question:
My mother passed from pancreatic cancer  back in 2014, I was devistated. I had suspected my dad of cheating and even found evidence of it on his computer (he asked me to fix it because of viruses). He denied it of course, but it was happening while my mom was dying. He promised he would never remarry and that is quickly becoming a lie due to their Facebook engagement announcement. The woman is 40 and my dad is 66. She is here in US with a visa and recently divorced from another US husband. She is obviously pushing my dad and constantly posts and brags about spending his money. My 8 year old daughter was the daughter my mom never had and was promised my mom's jewelry etc. The mistress now wears and has all of it. My mother also made other promises to me about a property of theirs I lived at and had expected to inherit. There are also several other properties and our family business that I fear will be obtained by the gold digger. Is there anything I can do to ensure she gets nothing? Are their laws in place to protect against non-citizens and inheritance? Thank you in advance. I will respond on breaks and when I can.

Edit: I live in Florida and I'm 46 years old.

Also edit: I realize he can do what he wants. My question is, are there any laws regarding marriage to work visa holders and stipulations that would require a specific length of time the marriage would have to endure before the new wife is entitled to heirlooms or other things that would otherwise be rightfully inherited by myself and other siblings?

Also also edit: My father doesn't care about whether or not his children or grandchildren inherit anything. He is a narcissist and extremely selfish. It takes everything I have just to maintain a relationship with him at all. My objective is to prevent this succubus from obtaining what she desires regardless of whether I get anything.

Answer:
 This may sound cold and probably isn't what you want to hear - but your father is a consenting adult and is able to make up his own mind about what he does with **HIS** life and **HIS** assets.

You **may** be able to contest the will when he dies but as far as the law is concerned she will be his legally recognised wife and will have all the rights that come along with that. So if he decides to bequeath everything to her in his will, that is your fathers decision, not yours.

With the benefit of hindsight if your mother had wanted her jewellery to go to your daughter she should have put this in her will. All you can now is ask your father nicely and hope he respects your mother's wishes. Answer #2: Your father is free to spend his money as he pleases. Now, if your mother had a will, it's possible you should have been given the personal effects she left to you. You should read it if it exists.


Title: Possible double homicide - claimed self defense - walks free same afternoon.

Question:
 Family member is dead, his friend also.

 This just happened and we don't know all the details yet.

What is for sure: The shooter and 2 victims were in a physical fight at a bar. Both parties drove away from the bar, it's not clear who was chasing who yet. The shooter shot them both dead and turned himself in.

 The shooter was released the same afternoon. Policeman said "We don't have enough evidence and no grand jury would convict him", and they set him free.

 Small town. No effort was made to collect evidence. The shooters name was not released, he is walking the streets after killing 2 people hours later based on his story.

 We have heard the shooter may have chased them for beating him up. If the shooter did chase them isn't that intent?

We have connections in the town and hope to find witnesses and gain more information. What steps should we take and any tips to go about this if the police won't cooperate/press charges?

Right now we assume it was just a random bar fight with no history between anyone but until we find out who it was, we don't even know that. It's highly unlikely they intended to do any more harm after a brawl and we believe this was pre-meditated murder in response to being assaulted.

Answer:
 He may walk free *for now*, and be charged later. Answer #2: >We have connections in the town and hope to  find witnesses and gain more information. What steps should we take and  any tips to go about this if the police won't cooperate/press charges?

Consider not doing it right now, lest you look like you might be witness tampering. If you really think you need someone to light a fire under the police, contact a civil rights lawyer.


Title: Contacting an EX-girlfriend

Question:
I've stayed radio silent on this EX for about two years now, but still find myself tied to her.  Not in a depressing way, I've moved on easily but shes in town so it seems like a good time to try it again.

We dated for 4 years HS sweethearts, bad breakup "I hate you, never call me again"

The breakup happened on bad terms, and her family is sue happy, as both sides are constantly suing each-other over a bad divorce.

&#x200B;

My question is, when I contact her, (if I do), what are the liabilities, and risks I should avoid?   Shes told me not to contact her but she unblocked me about a month ago, and unblocked my Insta as well as my friends.

&#x200B;

I believe shes single now, and the "never call me again" was due to the fact she fell head over heals to her next relationship, which I believe has ended.

Answer:
 She told you to never contact her again.

Don’t contact her again.


Title: Possible discrimination over visual problems in fast food restaurant. (McDonald’s.) Is this illegal? (California)

Question:
There’s a girl I work with who I’ll call Jane. Jane is about 20 and visually impaired so she has difficulty reading things unless she’s super up close to what she has to read. Because of this,she works more as maintenance.

Recently,they’ve been dropping her hours and when she asked if she could get more hours,our boss responded “No” and when she asked why, they said “Because you can’t see.”
Now today,before she arrived at work,two managers were talking about her. One of them said something along the lines of “All she’s good for is sweeping and making fries. We don’t really need her.”

Another thing is,the managers will 9/10 times not give her a break,even after she asks for one when she’s supposed to get one. Because of this,she’ll work until her shift is over and then clock out.

Jane has decided that she wants to sue because she feels discriminated against.

My questions are:

Should she talk to a lawyer about it?
Would this be considered as discrimination?
How would she go about giving evidence to support her claim *if* she goes to see a Lawyer? (She’s quitting shortly because of how poorly she’s treated,so she wouldn’t be around to hear what they had to say about her/to her.)

Answer: She can talk to a lawyer.  She should now that employers only need to make **reasonable** accommodations for those with a disability.  On top of that, the accommodation needs to be requested by the person with the disability.Answer #2: What reasonable accommodations has she formally requested?


Title: Can I wear a shirt that reads "Kill Trump"?

Question: [deleted]

Answer:
 Yes. It's very unlikely such a shirt would constitute a threat.

You can also be excluded from private property, including most public accommodations such as shops and malls, for wearing it.


Title: I found a phone that may be evidence in a lawsuit. [OK, TX]

Question:
Throwaway for obvious reasons.

I’m a driver for a popular ridesharing service in Oklahoma. Last night, a passenger forgot his phone in my vehicle. I submitted a report to the ridesharing service and kept driving throughout the night.

When I had some downtime, I examined the phone. It didn’t take much effort to figure out the owner’s name. Out of curiosity, I googled him. I discovered that he’s a named defendant in a lawsuit against a fraternity. The lawsuit alleges that during a hazing ritual, the victim was attacked and left with permanent brain damage. My passenger is named as one of the defendants in the case. The victim currently lives in Texas with his family. There’s been some very small media coverage, but the general consensus seems to be that it’s a tough case to win.

I feel like the right thing to do may be to turn the phone over to the victim’s attorneys. However, the phone is locked, so I don’t even know if it would be accessible for evidence. Furthermore, I don’t know if this would be considered stolen property were I to give it to the victim’s attorneys and inadmissible in court. If I contacted the victim’s attorneys, would giving them the phone be something I could be held liable for?

I am in Oklahoma, and I believe the lawsuit is here as well. The victim lives in Texas. I’m not sure where his attorneys are located.

Answer:
 Don't turn the phone over to anyone other than a rep of the ridesharing service that handles lost property, or the owner of the phone.

If the attorneys of the hazing victim feel that there may be relevant material on the defendants' phone they can file a subpoena.

Inserting yourself into the middle of the situation will probably not go well for you.


Title: Abusive bio-dad and name change as a minor-- do I HAVE to put birth name and father on marriage license? (California)

Question:
Thanks in advance, all. I've been trying to google this one but there are endless websites related to marriage licenses and name changes. Kind of a two-parter here.

Background: My mother divorced my abusive POS biological father and remarried (let's call him Mr. Upgrade) when I was very young. She had my name legally changed before I can really remember. I have NEVER had to use my birth name for anything and you would only find it on my birth certificate and court records from the name change. My mother and I have both made an effort to basically wipe POS and his name from our lives.

Filling out the forms online, a California marriage license asks for other names used at birth. Do I really have to put this down? Are they gonna cross-check my birth certificate instead of drivers license, social security number, etc? I'm going to have to show dozens of people (including my workplace) my marriage license in order to change my name and it will raise all kinds of questions that I really don't want to answer. I also don't want it showing up all over the place once I submit it to all my licensing organizations, etc.

Second part, I should say that Mr. Upgrade never legally adopted me. My mom was too afraid of POS to go through with it. Sadly, he died when I was younger and it's too late now. I really, really do not want to put POS on my marriage license. He has never been my father in anything but biology. Mr. Upgrade was able to put me down for his military benefits and all kinds of other stuff. Can I just put his name on there? I'd even leave it blank over putting POS down, although that's not my preference.

Thank you again.

Answer: The marriage certificate which people will ask for  typically just has your current name and your soon to be spouses current name.


Title: Drug screening without reasonable suspicion

Question: [deleted]

Answer:
 >  Is there anything I can do?

You can provide your damn location.


Title: Legality of Disputing Credit Card Charge for Wrong Item Delivered (Florida)

Question:
*Update 1: Retailer sent me a prepaid label pretty quickly after mentioning the possibility of needing to perform a chargeback.  Now let's see if they refund me promptly.  Thanks for the support.

I ordered an electronics device from an online retailer (a presumably small site that I had never heard of before), and they shipped me the wrong model.  The receipt they emailed me clearly identifies what I purchased, and what they sent me doesn't match the receipt.

I have contacted the retailer, and they have offered to refund my money if I send the device back **at my expense.**  I have asked them twice to send me a pre-paid shipping label or to suggest another way of paying for the return shipping, and so far this request has been ignored.

I wouldn't mind paying return shipping if I simply decided I didn't want it any more during the 14 day return window, but since this is clearly their error, I feel they should be paying for my shipping.

So my question is, what are my options?  Is disputing the credit card charge likely to work, given they are willing to refund the device itself?

I'm located in Florida. They appear to be located in New York.

Thanks in advance.
Topic:
Business Law

Answer:
 If you paid with a credit card, and it's been less than two billing cycles since the charge appeared on your credit card bill, then you can dispute the charge with your credit card issuer because they delivered the wrong item.  It will likely end with you not having to pay for the item and you keeping the item - although if they ask for it back at their expense, then you should send it to them.Answer #2: > Is disputing the credit card charge likely to work, given they are willing to refund the device itself?

I would explicitly tell them that you're going to dispute the charge if they don't pay for the return shipping. You'll definitely win and "chargebacks" are quite bad for them. If they're even remotely competent, they will realize that they're much better off paying for your return shipping and refunding your money than dealing with a chargeback.


Title: Help getting a minor emancipated in VA

Question:
One of my best friends has a nephew (16 y/o) who is absolutely brilliant at computer science and programming stuff. I don't really know enough about that world to quantify it exactly, but he's already found the backdoor into Google and so has been in contact with their recruiters, has been in contact with MIT, has helped people develop apps, all that stuff.

Problem is, his parents (his mom specifically) are - and this is just my impression here - insane. They refuse to let him take opportunities that he's earned, won't sign the things that would allow him to travel to the amazing summer internships he's being offered, and I get the impression anyway that even if he could start capitalizing on his potential, they would be horrible at managing his income, etc.

My friend (his aunt) seems like the only person he can really confide in about this stuff. We've talked a lot about the situation and it seems pretty obvious to me that it's in his best legal interest to get emancipated ASAP so that he can start doing his work and not be beholden to the whims of his mother.

His aunt has done some research about this on his behalf, but they live in Virginia and, according to her, "in VA you essentially have to be pregnant, married, or abandoned to get emancipated."

This is not my family and I'm not here to make moral judgements about anyone (other than, yeah, it sounds like his mom is crazy) or start a witch hunt. Nor do I have any financial stake in this kid's career. I just want the cold hard legal facts and access to any kind of information that could help him.

Answer:
 Aunt is correct. He cannot get emancipated because he doesn't agree with his parents.

Emancipation requires that he already be self supporting. He already lives on his own and works. Before he can even file.


Title: Someone cracked my phone screen

Question:
Ok so some dumbass saw my note8 in my hand, and she didn't like Samsung phones so she knocked it out of my hand and cracked it. Now she doesn't want to pay but it costs 200$ to have it repaired by a certified Samsung associate. (I still want my phone to be water resistant and supposedly only certified associates will do it correctly) I was at school and I'm not 18. What do I do?

Edit: also I'm in Florida.

Answer:
 You will need your guardians to contact the responsible party's guardians and ask for reimbursement.

If no reimbursement is offered, your guardian might have to file a small claims court case.Answer #2: ~~You could start by providing a location~~

Tell your parents. They could sue this person of their parents.Answer #3: If they refuse to pay, then you (or a parent on your behalf) could go after them in small claims court, assuming you're in the US.IANAL


Title: Is there ANYTHING we can do in regards to custody?

Question:
We are desperate.

I live in Florida.

My aunt is mentally unstable, ended up having sex with a guy in Kentucky, faked her disappearance, etc.

She moved in with my Memaw and went through her pregnancy at that location.

Well, she had her baby and then maybe a month into having her child, she was arrested for assault with a knife while her child was in the hotel with her.

We assumed custody over him until everything got sorted out.

My family went through a lot of legal stuff and court hearings and my Aunt was given goals to reach by specific times before she could obtain custody of the child again.

So basically, we've been raising him this whole time.

Well, DCF or the courts or whatever, understand that my Aunt is incapable of caring for a child. But my Aunt spoke out and claimed she knew the father. He got paternity tested and he is the father.

He wants custody. Simple as that. The legal mother isn't capable of caring for him, but we've seriously raised him this whole time, and this guy lives super far away from our side of the family and has a wife and a family already.

This whole situation fucking sucks. I feel like I'm losing a brother. There has to be something we can do? I get that it's his biological dad, but having grown up in a fucked up family it's not as simple as that.

My mother said we're going to lose him, it's just a matter of when. I refuse to believe there is nothing we can do.

Answer: An attorney might be able to help, or at least explain what options you do and do not have and why. The reality of it is though, generally speaking, a biological parent will always have first dibs on custody of a child unless the courts say they cannot have custody. And they don't do that lightly, there has to be some very damn good reasons as to why he shouldn't have custody.


Title: I'm using an app to gain money by creating hundreds of accounts

Question:
To not give any specific information away, I basically found an application in which you do certain tasks to acquire money. Upon signing up, you get a bonus, and with referrals you get another bonus. You can then cash out or continue to do tasks to acquire more mula.

&#x200B;

You can only sign up for one account per a device, however, I found a way to circumvent that and create hundreds of accounts, netting myself about $100-$200 a day just from repeating this process over and over. I am curious to the legality of this as I'm not falsifying any personal information (they do not ask for any such as name or phone number) so I am not hiding my identity in any way, nor pretending to be another person.

&#x200B;

In this event, I'm wondering of the legal repercussions of this (if there are any). My deduction would be some kind of fraud, specifically internet fraud, however I was unable to find any information that was applicable to this process. Thank you.

Answer: It would probably be useful to read the terms of service on the app more closely; you may be in violation and possibly even obligated to repay the money if your actions are discovered.


Title: [Illinois] Pay date is on the 2nd, received my check via mail today (2/6); envelope is postmarked 2/3.

Question:
Pay date is on the 2nd, received my check via mail today (2/6); envelope is postmarked 2/3.

I expect my check on the 2nd and have financials lined up to expect it come in on the 2nd as well. Is this legal or Illegal?

Answer: Is the 3rd more than 13 days from the pay period? Answer #2: If payday is the 2nd, and the check has to go out via USPS, why would you expect to receive it on the same day? The mail actually takes a few days. Maybe you should set up direct deposit


Title: About an hour ago, I was driving on the freeway when a rock flew off the back of the landscaping company truck in front of me and cracked my windshield. Is the company obligated to help cover the cost of repair?

Question:
I didn't get the license plate but I did note the time and location on the highway as well as the company the truck belonged to. I know it's probably a long shot but I can't afford to fix it myself.

Edit: I live in Minnesota, US

Answer: Its not a long shot. Call the company. Thats why they have numbers on back of the truck. This is a cost of doing business.


Title: My dog was nearly killed by an unleashed dog in Florida. Looking to sue the owner. Help!

Question: I'm looking for legal advice. My dog was viciously attacked by an unleashed dog while he was in an enclosed dog park that is in my apartment complex. The attacker dog was unleashed, outside of the dog park, and was able to grab my dog's throat through the bars of the enclosure and essentially, rip his throat out. The vet bill alone was $1500 to save my dog's life. No humans were severely injured, though I did sustain a non serious bite from the attacking dog in an attempt to save my dog. This is the second time this dog has attacked mine, though the first time no injuries were sustained so I didn't report it. I am in Florida. I have placed Dangerous Dog complaints with animal control, for which the owner will be fined. I have a lot of costs I would like to sue the owner for. I had to carry my dog's almost lifeless body into the animal hospital where he received emergency surgery. My clothes were destroyed by dog blood, as well as the interior of my car. Can anyone help me?

Answer:
 You can sue in small claims court; in Florida, the limit for small claims is $5000.  You can probably sue for everything on your list and it would be under that limit.

You should start by making a demand of the owner that they pay this money for your damages, perhaps in a letter.  Then if they don't pay you can add court costs to your list and sue for that.

IMO you should be able to win the $1500 for the vet bills.  Maybe for cleaning / replacement clothes and cleaning your car interior, too, given how egregious the owner's complete lack of any care was here.  And you will win the court costs if you ask for payment and the owner refuses.  Answer #2: I am a lawyer but not in Florida.

You can sue the dog’s owner. Did the owner know about the previous violent incident? If so, you will have an excellent case.

Under the common-law principle of “scienter,” a dog owner is strictly liable for injuries caused by his dog if (1), the dog has a dangerous propensity and (2), the owner knows of this propensity.

The dog obviously has a dangerous propensity based on the previous incident. But unless the dog owner knew of the dog’s propensity, he may not be strictly liable.

If he did know, under strict liability you should be able to recover all damages.

If he didn’t know, you can still sue under a traditional claim of negligence. You’ll just have to prove that the owner was negligent in letting the dog escape the house or whatever led to him being unleashed.


Title: Falsely accused of rape.

Question:
Night out, hanging with friends, you have a few drinks. You meet a girl at the club, the two of you hit it off, makeout and you two(+1) head back to your place. She begs for it and does things you hadn't even known about. She's a freak in bed. You two talk for a bit, she tells you that she loves sex and that she has sex daily with different men. You offer to buy her some food and you take her home. A few days later you try contacting her, she doesn't respond. A week goes by and she messages you accusing you of drugging and raping her - threatening to take legal action if contacted again. How do you respond? What do you do?

I'm not the victim, but I was there for the majority of it. Sober guy looking out for friends. It's a studio apartment, it's cold outside, so might as well stay inside of course. Walked in on them having sex after taking a massive dump. She sees me and goes "is this a competition?" then asks if the both of us can nail her at the same time. I politely decline, I find it disgusting and also because I'm in a faithful relationship. Heard it all, seen some of it, sadly.
This happened in New York, by the way.

Throwaway account.

Tl;Dr Consensual sex is supposedly abuse.

Also, which flair does this fall under? If this is the wrong thread, I was redirected here by a mod from the r/rape thread. Also, r/mensrights is useless.

Answer:
 > threatening to take legal action if contacted again. How do you respond? What do you do?

Start by not contacting her again?Answer #2: You stop contact whatsoever, and if approached by the police get a criminal defense attorney.


Title: [CO] My mom helped pay for a TV for my birthday, kicked me out of the house and told the cops its not my TV.

Question:
My mom gave me $600 for my birthday to help pay for a TV (it was $900 total) back in March. She kicked me out last week and as I was unplugging the TV and trying to take it off the wall she says that it's not my TV and it wasn't a gift. The cops were called and they ended up not letting  me take the TV because "its my word against hers" and that it would need to be taken to court. I found my receipt with my name on it from Best Buy. She transferred the money to my bank account and the only text message I have from her about the TV is "want the TV?" Do I stand a chance in court with this?

Edited some phrasing

Answer:
 Legally speaking, your case is great. It's definitely yours; even if you were a minor at the time, your parents have no control over gifts given to you or property purchased with gifts.

But there's a reason they say "possession is nine-tenths of the law." Can you prove it's yours? What exactly is the receipt that you have--is it for the purchase of the TV? If so, that will be very helpful.


Title: Landlord is threatening to put my rent on the other tenants..need advise please!

Question:
So I moved into a house about seven months ago with four friends. They all signed the lease but for some odd reason I never signed it (the landlord is very lazy). My family and I have come into money issues and I'm moving out. Luckily I'm not on the lease so I'm off the hook but when I talked to the landlord he said he would distribute my rent between the other tenants.
Can he legally do this? We live in the state of Arizona if that is of any concern.

Also, every month he asks for the rents all together emphasizing that he doesn't care who pays what as long as the total rent due is met. Could there be something in the lease agreement that ensures he gets the full amount, allowing him to make the other tenants pay my share??

any info is greatly appreciated

Answer: This sounds blatantly obvious... Yes he has a set amount for the property. If you are just leaving your roomies with an empty room and expect them to not have to pay the difference you are a bit naive.


Title: Repossession, Why can some companies repossess their items when not paid for but others can't?

Question:
Hey Folks,

State of Rhode Island if it helps.

I had a question regarding Repossession. Why are some companies allowed to repossess their items if they aren't paid for (Car and house are two that come to mind) but other companies aren't? Is it as simple as having some sort of repossession clause in the contract? Or are there other laws governing what can and can not be repossessed?

In my case, I run a small business doing IT support and consulting. As an example, We'll sell and install a computer system. We usually take 50% down before the install, and the reminder is due upon delivery, typically with 30 day terms. If the client refuses to pay, we have little recourse, as in our state a business can't use small claims court without an attorney. (in most cases, the cost of an attorney would outweigh what is owed). Lucky for us, its very rare when this happens.

Is it possible to repossess items installed due to non payment? Assuming there is a clause in the contract we have signed, whats the typical process for doing this? Is it similar to an eviction in which you must give X days notice before doing so?

Whats tricky in our case, if we install a computer, we typically migrate the data from the old computer to the new. So if we were to repossess an item, we'd also be taking their data. (I certainly wouldn't spend more time to copy the data back to the old computer, or to some other media, unless I was paid to do so, which is clearly the problem in the first place).

Thanks in advance for any clarification or suggestions you can give.

Answer:
 contract and state laws, but you could have a freeze option most likely for software. however you need an attorney to do it right. Answer #2: > in most cases, the cost of an attorney would outweigh what is owed

Throw a clause in your contract that states that in the case of non-payment, the customer will be responsible for all legal fees associated with acquiring the payment.

It won't necessarily get you the money, but it'll at least mean that if/when you collect on it, you aren't at a loss.


Title: My father is being investigated after his CCW instructor was found guilty of misconduct.

Question: [deleted]

Answer: Either (1) your father illegally obtained a permit via this instructor (and is thus likely going to face felony charges), or (2) the instructor is just an idiot, and the worse case is that your father will have to get requalified.  Regardless, he shouldn't talk to the police.


Title: Transportation of Alcohol by a minor

Question: In October of 2016, I was pulled over with my friend who was 21 years old and was charged with transportation of alcohol by a minor. In this state, whoever is driving assumes possession of the alcohol. I went to court for this and was given an option to make a $150 donation and my violation would be expunged. On January 28th I was pulled over again and was charged with the same violation of transportation of alcohol by a minor. My question is: since I was expunged for this crime the first time, would this be considered my first or second offense?

Answer:
 How do you keep managing to get pulled over for this?

This would still be considered a second offense because the court would see that your first was expunged.


Title: Easy way to find case law related to a statute

Question: I'm trying to find some case law related to [Minnesota 504B.211 subd 2](https://www.revisor.mn.gov/statutes/?id=504b.211).  Specifically, I want to know what the courts have held to constitute a "good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter" and what has not constituted that good faith effort.  Answers to the more specific question are appreciated, but I'm really looking for a database or something where I could input a statute and find court cases that have used that statute.

Answer: Ooh, an easy one!  One's called Lexis and the other, Westlaw.


Title: Homophobic manager afraid to lose my job.

Question:
Massachusetts here.

I've been at a company for 9 years now recently I got a new manager about a year ago. We have had a really good professional relationship until recently he has become very unfriendly to me. The manager has become so hard on me it's almost abusive. I have known for sometime that he's openly homophobic and have heard him say that he "wouldn't want a fag working for him".

Many of my coworkers are aware of my sexuality but it's not something that I discuss at work.

I don't know what my options are. I am afraid that he is going to fire me. How can I prove he is discriminating against me. I have heard him say derogatory things about homosexuals but I have no proof.


Title: Bamboo pranksters confessed! (PA)

Question:
Update from [yesterday](https://www.reddit.com/r/legaladvice/comments/9cvaqi/being_blamed_for_bamboo_prank_pa/)

After finding out that five people were being blamed for bambooing the school grounds, my two friends who actually did it confessed. They have to split the landscaping bill, they have in-school suspension for three days, and our AP Bio teacher is giving them an extra assignment about invasive plants. Also, both guys were going to ask our band teacher for college recommendations, but he is really mad that the marching band can’t practice in the field, so now he might not.

I went back to school today. The principal even called me personally to apologize, but apparently someone told him it was all five of us.

So thanks everyone here for the advice.

Answer:
 Thank you for posting an update!  All update posts are automatically locked due to a historical lack of on-topic discussion.  This is a forum for legal advice and if none is sought, none will be offered.   If, however, your post also contains a new question, please message the moderators for a review.

Feel free to start or join in the conversation about this update in either r/bestoflegaladvice or r/legaladviceofftopic.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.


Title: [MI] father died landlord threatning to sue for back rent that is owed

Question: Hello all I live in the metro Detroit area of Michigan my father passed away recently and the land lord called today and is now threatning to sue us for his back rent. My dad did not have a lease or contract with the land lord it was month to month so I'm curious if that's something she could actually do?

Answer: The LL here would likely need to sue the estate. Then any of your father's assets, which now belong to the estate, would be used to pay off those debts. If the estate is unable to cover his debts, then the creditors are SOL. They cannot come after his children (you) directly for those debts.Answer #2: All the landlord has is a potential claim against your father's probate estate. If an estate is opened, your father's personal representative (what the executor is called in MI) may have an obligation to send the landlord a notice to known creditors, and the landlord may file a claim. The PR can deny the claim if it's not legitimate, after which the landlord would have 63 days to sue the estate.  If there's no open probate estate, you're off the hook.  The landlord, as a creditor, can open an estate himself.  Only assets that are titled in your father's name alone are subject to probate (simplified explanation).


Title: New car (2014) had a series of unexplained engine failures, was stripped of its factory warranty, and is undrivable. The dealership won't touch it, the company won't fix it, and $20k is still owed on it. Phone calls with corporate have gotten no where, what can I do?

Question:
I'm in FL, USA and was told the lemon law isn't applicable to my situation but I'm not sure why.

I really don't care about the car anymore, I just don't think it's fair or right to have to keep paying for a car that apparently cannot be fixed. I bought a car, not a driveway decoration! My boyfriend insists the problem is the transmission, but the car only has check engine codes for the engine block so the dealership won't look at it and just kept replacing the engine block (it was replaced 4 times at $10k a pop). After the third one failed/died/blew up they flew down an engineer from corporate to investigate and reprogram the car's computers. Now it revs and redlines much higher than it used to and the motor still died less than 100 miles after being "fixed". At first they tried to offer me $3k for customer satisfaction or some shit but I said no because that doesn't even put a dent in what is still owed on the car.

I just want to be rid of this thing, what can I do?

Answer:
 You haven't really offered many details.

When did you buy the car?  Did you buy it new?  How many miles does the car have on it now?  When did the problem develop?  How was it "stripped of the factory warranty"?


Title: The lawnmower company next to my apartment keeps parking their huge truck in a no parking zone immediately to the left of my driveway. I've almost been into dozens of accidents.

Question: My neighbor is a lawnmower company that has a Ford F-350 with a trailer that they park directly to the left of my driveway on a main road. I cannot see any oncoming traffic due to the truck being in a designated and signed no parking anytime zone. I've almost been t boned a dozen times leaving my driveway. If I get into an accident, what happens? Are they somehow held liable for parking in a no parking zone obstructing my view? It's a matter of time, and I have called my local police department. However they are lazy and arrive after 10+ minutes and hardly do anything. I've asked them several times please do not Park your giant fucking truck in this 15 foot area. You have ANYWHERE else to park on this road, BUT this 15 foot space.  Advice? Am I wrong? I'm in new Jersey.

Answer:
 Ask them to move it and not Park there anymore please.

If they don't move it, call parking authority.

If that doesn't work,  call a tow truck.


Title: Bought a car with my ex. She has the car and won't make payments.

Question:
My ex and I bought a car in our names (I realize this was a mistake). The car was for her but I was making the payments. When we broke up, she continued to live with me briefly. One day she grabbed all her shit and left in the car. This was months ago. She refuses to contact me.

I have called the loan people and they said they could not take the car back because she is still an owner of the car. Additionally they could not take the car back unless I stopped making payments. I am trying to buy a house so I'm not trying to do anything that will negatively effect my credit. Once the house is bought I will then be able to do something.

They suggested that I refinance the car in my name only. This would give me ownership of the car. But after that I'm not sure what to do. I was thinking of reporting it stolen but I don't know if that is the right move. After I get the car back I was planning on selling it to get some money back.

TLDR: Ex and I bought a car together. I am making payments. She will not contact me or take over the payments. I want to get the car back then sell it.

In Florida. I believe she has moved away to another state.

Id like to get the car back so that I can sell it. Thoughts on the best way to approach this?

Answer:
 > They suggested that I refinance the car in my name only. This would give me ownership of the car.

No, it wouldn't.

The loan and the title are two different things.  You might be able to assume the loan, but that does not change the *ownership* of the car.  You cannot unilaterally take away her ownership.

If she promised to pay and did not, you can sue her for whatever you paid that she promised to.  As part of that, the court could give you the car outright.


Title: I signed an offer letter with x amount/hr but later received a "revised" offer letter with a lower wage.

Question:
Tucson, Arizona.

My old employer was bought out so we signed offer letters with the new company. My offer letter stated $16/hr  signed 03/28 but then I was sent a "revised offer letter" at $14/hr on 04/06 backdated to be effective as of 04/01.  Is there anything I can do?

Answer: Your employer can change your pay rate at any time.  They cannot change your pay rate retroactively though.   So... if you worked between the time you accepted the original offer and the time they actually notified you of the new rate, they should pay that at the $16.00 rate.   From the time they notified you of the change onward...  it's up to you to accept the new rate or quit that job.   If this is an example of their management style...  I'd recommend starting the job hunt.  If they don't nod and agree that they owe you that interim time at the higher rate...  that's a 'call the department of labor' sort of problem. Answer #2: They can't retroactively change your wage. They can change it going forward, but only after you've been notified.


Title: [WI] Apartment took $150 application fee, didn't actually have an available apartment and will not return the fee.

Question:
I applied for an apartment with a $150 fee. The stipulation is if my application is approved the fee goes toward my security deposit, if it was denied I would get it back.

I haven't heard back for a few weeks so today I called. The manager said she isn't sure if the current tenant will actually move out of the apartment I applied for or not. She also said that I won't get my application fee back.

I'm scrambling to find a place to live now, and I really want that fee back, how do I get it back?

Answer:
 How did you apply for the fee?

Check, charge, cash?

If you did a charge you could nicely do a charge-back. If a check and a lucky they have not cashed it yet you could try a stop on it. Otherwise your only recourse if they are refusing to play any ball is to sue them in small claims.

https://www.wicourts.gov/publications/guides/smallclaimsguide.htm

Though they don't post how much it costs to file small claims on their page and the link to look it up is broken right now.

http://wicourts.gov/about/filing/docs/fees.pdf

Answer #2: Wisconsin has an upper limit of "the actual cost of the credit report" OR $20, whichever is higher.  Sounds like they overcharged you by $130.  Also, the fee must be returned in your specific scenario.  Did they have do a consumer background check?Answer #3: It says right here I get my deposit back if I'm denied.

You weren't denied, your application was accepted.

Great!!! When can I pick up my keys!! Otherwise, you're denying me the opportunity of living in this complex, and must return my deposit.


Title: Neighbors have an old RV and a trailer RV parked behind their backyard, is it legal for people to live or sleep in those things? And how long can they legally stay parked there?

Question:
[deleted]
Topic:
Real Estate law

Answer: Contact your city zoning or code enforcement office to ask them if it is allowed.


Title: (California) Under California law, who legally has the right to name a child?

Question:
A friend of mine and his wife are seriously discussing children and this subject came up.  His wife is arguing that the father has no rights when it comes to naming a child (and has picked out a few rather unique video game characters that she'd like to name her children after).

He and I were discussing this and he's interested to know what his legal rights would actually be but we were having some trouble finding anything pertaining to this.  Is anyone familiar with child naming laws/birth certificate procedures that can point us in the right direction?  I was just highly doubting that there's anything that says the mother is the only with a legal right to name the child.

edit:  Thanks for the responses so far.  Really appreciate it.  Does anyone know if there's a specific section of the state law where this would be covered?

Answer:
 Absent a court order, either of them can fill out the birth certificate. As the mother is generally the one who can be counted on to be present at the time, often the mother gets to decide initially. In the event of a dispute, it's generally possible for either parent to seek to change the child's given names.

If they can't find a way to see eye-to-eye on names, they may not be ready to have kids just yet.Answer #2: The mother can ban the father from the room and fill out the birth certificate on her own.  That is legal.

Later, the father could petition the courts for a name change of the child.  Will the court grant it?  Possibly.  Depends on the judge and the strength of the argument.  When possible, the courts prefer to combine names rather than side with one parent over the other.  So he would be able to add his last name and possibly an additional first name.

It's not common that the court would agree to COMPLETELY change the name of the child against the wishes of one parent, but if the name is truly ridiculous so as to be injurious to the child, a judge may be prevailed upon to make it a middle name.

That ALL being said, if they cannot agree on how to name the child themselves, they REALLY should not be looking to have a child together.  At the end of the day, you can call a kid whatever you want (no matter what their legal name is), so it's a much smaller deal than many parenting decisions for which there is no easy compromise.


Title: Aspiring subletter gave me security deposit + first month's rent (no contract), then later changed mind and wants money back. Is he entitled to the security deposit, and can I claim the money as a gift?

Question:
I'm currently a tenant on the lease of an apartment in NYC. Since my roommate (also a tenant) is moving out, we decided to sublet his room. The aspiring subletter gave me checks for the security deposit (equivalent to one month's rent) and first month's rent ($2.5k combined), and then backed out after I deposited them, demanding all his money back. (He never ended up moving in or anything)

It seems that he is entitled to the first month's rent back, but what about the security deposit? My understanding was that this was a nonrefundable holding fee (this is normally how NYC renting goes). Unfortunately, neither of us signed a contract. Am I fucked since I didn't make him sign anything?

~~On another note, someone was telling me that I could potentially claim the $2.5k as a gift. Is that really possible?~~

If there's no definitive answer as to who would win in court, what's the worst I have to lose if he takes me to court? Could I be liable for his legal fees and an additional penalty?

Answer:
 a gift? get real.

whether you can hold the deposit depends on whether it was a security deposit against damages or a holding deposit. since you didn't come to an agreement about which it was, and you started out saying it was a security deposit not a holding deposit, I'm thinking that's what it was. and I think that's the presumption that the small claims judge would apply if this issue came before him.

i.e. a security deposit against damage is standard. happens in almost every lease. a holding deposit, though common in NYC, isn't standard in every case. isn't presumed.

but is this guy really entitled to a full return?  depends on whether his tenancy began. if he paid rent and had access, his tenancy may have started and thus his first months rent was gone. it was paid. in fact he will continue to owe you rent until he or you properly terminates.

how does that happen? since you guys don't have an agreement, it defaults to state law. which idk from Tenants POV off the top of my head. but probably requires notice. Answer #2: >On another note, someone was telling me that I could potentially claim the $2.5k as a gift. Is that really possible?

Not unless you're willing to commit perjury. Even then I think any judge would see through a claim that a random stranger, with whom you had ongoing business negotiations, did not just "gift" you more than a thousand dollars.

Not sure about your other question, but check the landlord/tenant regs to see if there has to be a contract in writing prior to the security deposit.


Title: Mom Lied To Father Saying I Wasn't His, But I Am.

Question:
Hello Reddit, this is my first time posting anything, so I apologize if I do anything wrong, please correct me.

My situation is a little weird.

This is in Texas. 20 years ago, my mom found out she was pregnant with me. When my dad found out, he asked her if I was his and she had told him no. That was that. As far as I know, he has never contacted my mother again for either a relationship with me or to get DNA tested.

I recently found him (and a half brother) and wish to contact him but before doing so, I would like to know if there is anything he could do to my mom.

Basically, what legal actions could he take against my mother for lying to him and saying I wasn't his, when I am?

Answer: None. He had the choice to pursue a DNA test and request custody. He chose not to. Answer #2: NAL....You're 20 years old now? Legally nobody can do anything. Answer #3: There's nothing he can do now. He could have pursued the matter at the time. Answer #4: The reality of this is that your mother may have had reason to believe that he was not your father. Have you had a DNA test done? It was up to your father to seek out a paternity test if he thought he was the father. Since he did not do that your mother is not legally responsible for him not knowing. He can sue for anything but I really doubt it would go anywhere. Answer #5: How are you so certain that you are his biological child?


Title: Foo Fighters poster plagiarism

Question:
I don't think this is quite the right place but hopefully someone can point me in the right direction

My friend (A) has just discovered that someone has stolen/copied a photo of her work and sold it to the Foo Fighters who are using it as one of their poster designs. Not only is it her work, but it is actually of herself. She does not want her likeness to be used in this way - she never gave her permission.

She contacted the artist directly who has replied something along the lines of 'oh I can't remember where I saw it maybe I accidentally adapted a photo of yours I found through Tinder last year. Please don't get angry I normally ask permission of an artist when I draw them. Can I send you some posters'. With a side by side comparison they are identical. The original image was created by her 4 years ago and all that proof is available timestamped etc.

It's ridiculous that he has offered free posters as some kind of apology. Who do we contact/how? He's deleting all our comments on his own Instagram. I've tried tweeting the Foo Fighters but it's obviously the holiday time of year so unlikely to get a response through that.

She isn't looking to sue for compensation. But her face is literally out there on a Foo Fighters poster without her permission. Who do we contact & how to get acknowledgment of this, an apology, and all the images removed as far as they can be from use/the public domain?

Any advice would be appreciated - as well as where else to post this.

Edit as this seems to be relevant:

She currently lives in Asia.

The plagiarist appears to live in Europe.

Foo Fighters are presumably based in the US?

Nb. She isn't mad at the Foos. Just doesn't want her face on their posters

Edit again: Woah! Woke up to this having taken off! We will go through all the comments later  today but thank you so much everyone for taking the time to offer your help! And just to clarify - this isn't directed at the Foo Fighters. It's about the other artist and how to get him to acknowledge/understand that ripping other people off for his own profit isn't something he can do. Us speaking to him directly hasn't worked and we wanted to know how else to contact him to get this message through - and it seems like through the band's marketing team is the best bet. I'm going to check with her about linking the side-by-side comparison but it's 8am here and I have to dash to work. Thanks again!

Edit again again: http://imgur.com/g3YEhBB here is the side by side. She is on the left, poster in the right. I'm in a meeting now but she's going to make her own account to reply to comments etc. Thanks again everybody :)

February edit: the Foo Fighters must have picked up on this as they contacted him February 1st

Answer:
 bbs.foofighters.com

Post something there. You'll get rude fans, but the moderators know the band, and will help get something done.

If that fails, C&D letter.

Answer #2: Gonna need to see the posters, mate.Answer #3: Can we see the poster?

edit: OP shared the link: http://imgur.com/g3YEhBB Answer #4: This is the REAL poster the original message is referring too, not the one others keep posting!

http://www.gigposters.com/poster/174767_Foo_Fighters.htmlAnswer #5: > Nb. She isn't mad at the Foos. Just doesn't want her face on their posters

Assuming its the poster someone linked below, what she wants doesn't make sense.  It was a limited run (380 posters printed) for a particular gig that has already occurred (11/9 Cologne), so it's too late to prevent it.  The posters are already long gone.Answer #6: Doing a google image search [revealed this](http://www.leviathan13.com/foo-fighters-official-merchandise-by-leviathan/) which comically has a 'sketch' like they made it up as an original. No advice to OP other than I hope your friend has a good outcome from all this.


Title: Asking for a friend: she’s stuck in a lease with a mentally abusive ex boyfriend.

Question:
My friend has lived with this guy since about June 2018 and have the lease until June 2019.

They recently were in a bad fight and ended things (finally) He was mentally abusive and with most abusive relationships it’s hard for the person to see that so she’s having a really hard time living with him. He has a new girlfriend after a week.

He refuses to move out and refuses to let her move out. Her name is attached to everything for bills and the lease and his name is only on the lease. He rarely makes rent so she has to cover for him.

Is there anything she can do without hurting her credit score?

Iowa, USA

Answer:
 People keep reading this wrong.  It's not "only his name on the lease."  It's "his name is only on the lease."  As in both their names are on the lease, and she's also got utilities in her name but he doesn't.Answer #2: If there's a lease, there's a landlord. She can contact the landlord directly and see if they would be willing to let her out of the lease. She should also look up Legal Aid or similar services and they can tell her if Iowa law allows a tenant to break a lease due to DV (though there might need to be a police report in that case).

Is it financially feasible for her to find a short-term rental or sublet? Just because her name is on the lease doesn't mean she has to be living there, if she can afford to stay elsewhere.


Title: Who generally is named as custodian of minors money from deceased parents estate

Question:
Edit: we are in Iowa, United States

My ex-husband died in a car accident. We have 5 children. His mother was the executor of the estate and she is trying to have 20k from an insurance settlement placed into bank accounts with their aunt (MIL daughter/ex-husband sister) as the custodian of the accounts.

First, one of our children is 19 so shouldn't have his money controlled by anyone.

Second, I've always had custody of my children with no issues other than MIL not liking me because I don't attend church.

I'm confused as to why the law firm she's working with for probate didn't automatically name me, as the mother of the minor children, as the custodian of their estate. I'm 100% certain she will not allow them access to the money without her approval on the use and without them attending church to get it.

Is this normal?

Answer:
 It sounds weird but it could be a fuzzy area. I would consult with a probate/estate attorney.

Some relevant questions:

- Did he leave behind a will? Were there any other heirs?

- Was he paying any child support/alimony?


Title: Unfair treatment from police officer

Question:
Spring City, Tennessee USA

Happened today. I was driving, going 5 over 30 (posted limit). I knew there were cops out. Lady was tailgating me, i tapped my brakes to get her to stop, didnt work. So i stopped and asked her why was she tailgating me and if she is aware of the speed limit and that she needs to go around me.

Little later i get pulled over for not using my turn signal at a fourway (i did) and the lady's husband (who was a cop and off duty) comes up and starts yelling at me and threatens to issue a warrant and to throw me in jail.

So my question is, if he does issue my warrant what can i do to counter it, and can i sue his wife for reckless endangerment of a child?

Answer:
 >  can i sue his wife for reckless endangerment of a child

no.  there is no civil action for that.  You could report her tailgaiting to the police.  But of course they wouldn't act on that after the fact.

If a police officer used his authority improperly you can report it to the head of his department and also file a formal complaint.


Title: Was hired as a nanny off the books, fractured my ankle on the job, and was let go because I couldn't work due to ankle-- anything I can do?

Question:
About three weeks ago, I started a new job as a nanny. I was stupid and didn't negotiate a proper contract beforehand, and on my fourth day on the job I was playing tag with my charge on the playground and fractured my ankle (also sprained my left knee, but not as bad.) I was treated in the hospital ER and got a cam boot for my ankle, but there was no way I'd be able to work as a nanny for at least the first couple weeks while it healed. The mom (my boss) seemed really nice and understanding, and I was under the impression that once I was better and had the all clear from an orthopedic surgeon at a follow-up, I would be able to come back to working for the family and caring for the six year old.

However, a few days ago I got a text from the mom saying she would "be glad to connect me with another NYC family or provide a reference," which is great but means I'm out of a job again. I know it's probably technically illegal for her to let me go while I'm out with an injury, especially one that I got on the job, but what I'm wondering is if there is anything I can do about it because everything was off the books (mom paid me cash for the four days I worked for them) and I was "employed" for such a short amount of time.

I have submitted a Worker's Comp claim, so I think I might at the very least be able to get the family to cover my medical expenses for my ankle, but what about wages lost while not working? And do I have any kind of case for wrongful termination?

Thank you for any advice you can give. I feel like I'm stuck between a rock and a hard place.

Answer:
 > I know it's probably technically illegal for her to let me go while I'm out with an injury,

No. You were a babysitter for 4 days. Get better and find a new job.Answer #2: >  but what about wages lost while not working?

Without a contract, why would you get wages for not working? Answer #3: Where?  Depending on state, workers compensation laws vary.  The answers that you have no remedy are most likely wrong.  Nanny/babysitters are generally employees, not independent contractors.

Depending on state, you could be entitled to Temporary Disability benefits (wage replacement) and there coyuld be a wrongful termination aspect to your work comp claim (LC 132(a) in CA)

Source: CA Work Comp Attorney


Title: Unable to pay rent due to hurricane florence and apartment is refusing extentions

Question: So as in the title we are going to be unable to pay our rent for this month because both my wife and I were out of work for awhile because of hurricane florence we live right on the east coast so we got hit really hard and were one of the counties put in the state of emergency and mandatory evacuations. We live in an apartment complex and they just opened the main office today, I explained to them the whole situation and that we would need a two week extension on our rent without occurring additional late fees to which they said no and recommended we apply for disaster unemployment. We have been calling to complete our unemployment application for 4 days now being on hold from 8am to 5pm and still haven't reached any live person to assist so it does not seem like that is going to happen anytime soon. Is there any kind of legal recourse for this considering we were in a state of emergency or are we really just out of luck? Any advice would be helpful we really are just at a loss of what we should do next.

Answer: Unfortunately for you, the fact that you were out of work due to the hurricane is not your landlords problem.  I am unaware of any state that requires a landlord to suspend your obligation to pay rent because there was a natural disaster.


Title: Stalker admitted behavior to the police on arrest.

Question:
Based in AZ. Short story: My stalker was arrested with a charge of violating a court order (my restraining order). He plead guilty then got ordered into a diversion program. He retaliated later on two seperate days the next month and admitted it to the police where he got 3 more charges. He was ordered by the court to move out of where he lived (lived next to me).

I chose not to attend the pre-trial out of fear that he would come find me again. The court told me he had a lawyer this time and plead not guilty at the pre-trial.  And the motioned to file another date. They said that I am not needed unless this goes to jury trial? What is their new court date for?
He admitted to the police what he did and after he was released he texted my room mate admitting he did it.

What happens next? Do I need to worry about my room mate and I as witnesses in the future?

He has another case against him and the pre-trial for that one is later this month too. And they will also have to re-examine his diversion program case now too. So a total of 3 cases on this guy are open.

Can a lawyer realistically get him a not-guilty plea if he admitted to police he did these things? (And then sent text proof to my room mate? Prosecutor doesn't have this as they have not asked me as a witness since it is only a pre-trial).

I am just concerned because this guy is crazy. I moved away, but we go to the same university and they haven't suspended or expelled him from what I can tell. It's terrifying. He is so manipulative, he cried everytime the police arrested him and claims that his depression is the reason he did it. Then he makes up stories about me to anyone he can talk to, my room mate, the university, the leasing office, people I know. I have so much documentation of this whole ongoing situation, it's been a nightmare to live.

Answer:
 He has an absolute right to _plead_ "not guilty." The state cannot deny him the opportunity to present a defence, which means the state cannot bar him from entering the plea that leads to a trial. It is also more or less always possible for the charges not to lead to a conviction, for both legal and policy reasons.

It's possible that your stalker will negotiate a probation deal. We're not privy to the facts of the case or to the prosecutor and judge involved. Given the facts, I'm skeptical that he'd be able to negotiate further leniency from either the prosecutor or the courts, but it's always a possibility. Certainly, the pattern of violating court orders and escalating harassment every time he gets caught isn't going to do him any favours.

The court dates between the pleading and the trial are to sort out this kind of pre-trial matter, and do not need to involve you. You might ask the prosecutor to let you know of any major events in the case, such as his release on bail, though.Answer #2: >I moved away, but we go to the same university and they haven't suspended or expelled him from what I can tell.

You should escalate with the university.  This could be a Title 9 issue.