Title: [AZ] Mid 20s, Named as beneficiary trustee in my fathers estate, how do I enforce my father's written will and trust against a hostile executor of the trust?

Question:
My father passed on fathers day this year after an incredible battle with brain cancer. Shortly after he recovered from his original resection, (late 2010) he created a trust document wherein myself and my brother are named sole and equal beneficiaries of his estate. Within this document, my father named his brother as executor of his will and trust. As expected, my father's health and mental competence faded over time until it became readily apparent that my father would need intensive long term care.

In late November of 2014, my uncle notified me that he had begun making preparations to bring my father back to his home state of Michigan, where his extended family resides, to live his remaining few months in their care. My uncle made plans to fly to Arizona to oversee my father's travel, but before he could arrive my father was hospitalized for temporary paralysis, which was attributed to a seizure. Never fully recovering from the trauma of that seizure, my father exhibited even greater confusion and mental and physical handicap upon return to his estate.

Around this time, my uncle went onto my dad's computer and produced an excel spreadsheet (created by my father, he claims) containing the names of my father's extended family, along with flat dollar values for disbursement to them. He mentioned that my dad wanted to leave a portion of the estate to the named people on the list, and I commented, at that time, that it was my dad's estate to do with as he pleases.
Subsequently, a meeting was scheduled with at my father's estate with my dad's financial manager. My father's divorced wife attended (briefly), my brother attended (my uncle sent him away toward the end of it to pack my father's belongings), and while my uncle and my dad were present for the majority of the meeting, I was at work.

When I returned to my dads estate that night (I had been staying with my dad for several months to oversee his general care) I was handed a document to sign, which I was told named my brother and myself 50-50 beneficiaries to one of my dad's many life insurance policies. I reviewed this document and found this was, likely, to be the case, and I signed it that night along with my brother in the presence of my dad, his financial adviser, and my uncle. At this time, I paid little mind to any other matters there, because I suspected the majority of the meeting was regarding my father's adjustments to his disbursement of his estate, and I didn't want to add any undue influence to my father's wishes.
Hours before my father's final flight to Michigan, my dad, myself, my brother, and my uncle drive to visit the attorney who originally wrote my father's trust and will. Durable Power of Attorney is assigned to my uncle, and then my dad is on his way to the airport.

January comes around, and I get a call from my father's financial adviser wherein I am warned that my uncle is attempting to divert a sizable portion of my father's estate to my father's extended family and relatives, my uncle included. I receive a phone call from one of my father's co-workers wherein I'm warned that my uncle has made inquiries regarding changing life insurance beneficiaries and inquiries regarding my father's savings and retirement distribution.

I look deeper into the spreadsheet, and find that it has been changed and saved on the computer after it was originally printed. Looking further into it, I notice that my father (a professional CPA for his entire career which culminated in a high ranking position with the IRS) has neglected to carry over a digit, and the entire spreadsheet is off by 100,000, in addition to containing misspelled names of cousins.  After digging into the spreadsheet, it is readily apparent that this is definitely [not] the work of a professional CPA.

I contact my uncle and express my desire to maintain my father's written will and trust, and that I feel that nobody other than the author of that trust has any business making changes to it, especially when the author is in late stages of brain cancer.  He initially responds by saying that my dad had verbal conversations with every person listed, wherein he promised money. My brother and I still have our doubts, and we express those. He then responds by threatening to squander hundreds of thousands of dollars in trust funds on overpriced contractors and accountants, appraisers and other support personnel as he oversees the consolidation of my father's estate. My brother and I hold fast in our belief that our dad left the estate to us, that we have no business promising disbursements to any members of the family without a final total of the net worth of the estate, and that without clear written instructions form our father, this decision must fall on our shoulders once he passes. Our uncle then threatens to change our grandmother's wishes and remove us as per sterpes beneficiaries of our father's [one] third [share]. My uncle is named executor of the trust in that regard as well. My uncle has made every kind of financial and quality of life threat imaginable to us, and we no longer feel he is capable of acting in our best interest.

Finally, after my father has passed, my uncle blocks our request for our father's death certificates, to enter our uncles house to collect our father's remaining belongings, and in a final phone conversation with him, he begins yelling, insulting, and berating me. Accusing me of some kind of conspiracy against him. I abruptly end the phone conversation because he has become so irate that he doesn't respond to my requests for him to calm down.
I'm at a total loss here.
I'm looking into obtaining death certificates from the Wayne County Office of Vital Records.
I have emailed the lawyer who wrote the trust asking for a copy of his financial planning documents and will.
My brother and I stand to lose 575,000 if my uncle has his way. There have got to be laws protecting the sanctity of the promise of a will, trust, and life insurance beneficiaries. I would prefer this doesn't make it to court, but my uncle seems pretty set on seeing his version of events through.

Answer: Please break this up so it can be easily read.  Paragraphs and spacing are your friends.  Answer #2: Get a probate lawyer yesterday.


Title: [AZ, USA] My father is a pedophile and has child pornography. I have no evidence except my testimony. Is there anything I can do to get him arrested?

Question: [deleted]

Answer: Did you tell they police about the rapes?  Or did you just lead with the "he said" stuff and then give up?


Title: Fired for having a resting bitch face, what are my rights?

Question:
(Nevada)
I worked at a fast food place for about a month before I was unexpectedly fired. My termination papers state that I did not display the attitude necessary to continue working there, although nobody had ever mentioned it. I had two other jobs at the time so I kinda just shrugged it off and didn’t think about it. Months later I find that my ex is now working at the same place. He told me that he asked why I got fired and the manager said “it’s because her resting bitch face”. People are telling me it’s discrimination. Is there anything I can do?

Answer:
 A sour facial expression doesn't trigger any protected class protections in your state. You're eligible for unemployment, or were, and that's about it.

It's legal to fire you for not smiling enough, in other words.


Title: I own an unknown % of a house in Tx, I was offered $10.000 which seems low. (The house sold)

Question: Would it be worth hiring an attorney at these amounts? I literally don't even know how much I own. Also problem is; I'm 1,000 miles away

Answer: Get a real estate lawyer recommendation from the state bar association, and ask for a consultation. You can ask if they'll take payment from the judgment. This sounds fishy, and $10k from a house is very low. Answer #2: No where near enough detail here. How did you wind up owning the house? How many other owners are there and how do they relate to you?


Title: Landlord charges us 525.00 for a broken window.

Question: I am a tenant in Portland Oregon. Over the weekend there was a party at our house. During the party someone slammed our front door which had a glass panel in it causing the glass to break. I called the landlord the next morning letting him know requesting that it is fixed a soon as possible. It was not fixed until Tuesday. Today I received an email saying that an emergency door glass costs 525.00. My question is can he charge us for an "emergency" repair if it took three days (thats three days we didn't have a security). What should we do?

Answer: Yes, it was broken by the negligence of your invited guest. You are responsible for the costs. 72 hours is certainly still within the emergency repair time frame.


Title: Adopting a Dog - how to go about asking landlord?

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer:
 > registered as an ESA shortly after adoption.

ESA "registries" are a scam. Don't bother. If you are legitimately in need of an ESA and your landlord is not exempt from FHA regulations, you can follow the proper procedure of informing your landlord that you are disabled and require an accommodation.Answer #2: >Additionally, it is likely that the dog will be registered as an ESA shortly after adoption.

Meaningless, unless you've been diagnosed as disabled by a doctor and the dog is a direct assistance with your disability.

Regardless, there's no legal jargon here. The landlord can say no and you'll have no recourse.Answer #3: Contact the property manager and say "I'd like to get a dog. How can we arrange that?"

There is no special legal magic here. You ask the landlord, and they either say yes, or they say no.


Title: Accused of check theft and forgery

Question:
I live in Wisconsin. My mother who lives in Florida recently came to visit me. After she went home, I came across a check of her's that was dated two weeks prior and was written to pay to the order of cash, $150.00 The memo on it said "loan" it was filled out completely and correctly and it was signed, her signature of course. It was sitting on my entertainment unit. She has helped me out with money in the past via Paypal. Sometimes she came forward with it all on her own, and there have also been times I have asked her for help.

She did not mention this check and I did not ask her about it. I went to the issuing bank, signed it, thumbprinted it, and was given the cash. The next day I hear from her. She is beyond pissed, has no recollection of ever writing said check, and accused me of going into her purse, taking the check, filling it out, and forging her signature by tracing it.

None of what she accused me of is true, but she said she launched an investigation of it.

What can I expect to happen? How does Wisconsin go about investigating this? How can I prove I didn't forge this check?

I have no criminal history involving counterfeiting or theft

Answer:
 You cashed a check that you didn't write, that wasn't made for you, and you didn't talk to your mother about it.

You may not have forged the check, but you definitely stole the money.

You can give her the money back in hopes she drops the case, or do nothing and speak to no police without an attorney present.

You should delete this post since this is on your main account and your post history has identifying information.


Title: NH My mother threatens to kill my younger brother, what steps can I take to get custody?

Question:
My mother obviously isn't sane to say the least. She has random outbursts and threatens to kill my 18month old brother.
Not sure if these additional details matter but anyways.
She has only worked 5months of my younger brother's entire life. I have been paying the bills, but I have no way of proving that since she would write the checks after I give her cash.
She does have assault charges, but from years ago.
She's an alcoholic, but again I can't prove that
She was using drugs and drinking at the beginning of the pregnancy for him and her DR does know that, but yet again I can't prove that and I'm not even sure if that's relevant.
Should I be trying to round up other people who have seen her act like this? Would it matter if I try to get my father involved(he's not my younger brother's father) because he knows what she's like and witnessed her craziness? I have literally no idea what to do, but I want to get away with her and have my brother.
Any help would be appreciated. I want full custody over him btw, but I'm sure that's implied.

Answer:
 [Call CPS](http://www.dhhs.nh.gov/dcyf/cps/). Tell them what you told us, and, additionally, that you can no longer afford to support your mother and you are concerned that without your support she may not be able to afford to feed her kid. Tell them that if necessary you're willing to take your brother.

Then let CPS investigate. This is firmly in their field.Answer #2: You need to call CPS.  You can also check if there is a police/sheriff child abuse hotline and call that too.  This is a situation that professionals need to handle.

Then you need to talk to your school counselor.  I know they seem useless, but this is the kind of situation they are actually trained for.Answer #3: As everyone is saying, call CPS.  Just tell them exactly the kinds of things you are describing here.  You don't need to gather all kinds of hard evidence - if they want to speak to your dad, her doctor, etc, they will gather that information.  You certainly can give them contact info for such people, but all you need to do is call CPS and tell them your concerns.  You do not need to prepare a whole dossier of evidence for them.  They will take you seriously.  I'm glad your brother has you looking out for him.  Answer #4: As the others have said, call CPS first thing. If at any point she makes another threat or you feel your brother is in danger call 911 immediately.


Title: Is it possible to get guardianship over a child I've lost my rights to?

Question:
I'm in California and this is a throwaway for soon to be obvious reasons.

I had my daughter at 17 and remained home with my parents to raise her. When she was just 3 years old, CPS got involved and regardless of following their case plan to the t, they seemed to be playing games and didn't plan on giving her back. So my parents lawyered up and quickly moved to adopt her to get them out of our lives. She spent a couple months in foster care which totally mentally fucked her up, even now 9 years later.

When we got lawyers (one for my parents and one for my daughter) they moved really quickly and allowed the adoption to go through. Well, my parents are older and would like to spend their golden years not raising another kid.

So after everything was settled down and finalized, I moved back home as to help raise her. Legally of course, she is theirs but I've been here for everything including meetings with teachers, doctors, dentists, etc. Of course I wouldn't have it any other way. We all need each other.

I'm turning 30 tomorrow and my daughter is 12 and a half. I work full time and of course help my parents financially. But I would like to get my own place and not leave my daughter behind. We all realize I can't just take her with me and I'm not moving out unless that's somehow feasible.

I'm sure adopting her back is unheard of if not impossible, but what about guardianship? Can I become her legal guardian so I can do normal things like get her insurance and enroll her in school and whatnot?

There's almost no info online, I expect some major attorney fees and paperwork and time but I'm willing to do this. Thanks for any info!

TL;DR: Had parental rights terminated almost 10 years ago and wish to become my daughter's legal guardian so we can move out of my parents house.

Answer:
 If your parents legally adopted her, then they should be able to sign over guardianship to you so that you can enroll her in school, take her to the doctor, etc. You should discuss with a lawyer.

I'm assuming the other biological parent is not in the picture?


Title: [NY] customer refuses to pay bill and is now telling all our patients that walk in we are refusing to serve him 'for no reason'

Question:
This is happening currently, in queens, NY. I work in a dental office. We have a patient that owes us $1400 for services rendered to him. He has already paid $400 previously of a $1800 total bill. He paid $400 over three visits initially, then completely stopped responding to all our calls attempting to contact him for further payment and to make sure the dental work fit his mouth correctly for six months. We did send him over to a dental lab for a fitting fix, and received word from the lab that they had been able to get through to him and he was happy with the fit.

He showed up again today, demanding to speak with the dentist. We told him as per our policy, 50% of the payment must be made upfront, and then he would be able to speak to the dentist. He became incredibly irate after that, began to record us without permission (we told him several times we did not consent to this), and is now camped out at the waiting room despite us telling him repeatedly that without payment, we cannot see him. If a patient walks in, he begins to tell them the story of the dentist refusing to see him 'for no reason', that 'he really screwed me over and i would NOT recommend him for you'. Although we've explained out payment policy to him many times, he is now saying he will NOT pay anything and plans to sue us for the $400.

He refuses to leave, and has been here for about an hour now. How should we proceed?

EDIT: we have called the police to report a trespasser, they are on their way. thank you all for the advice

Answer:
 Dog Law specialist here.

Call the police and report a trespasser. Whatever this person says or does, and this is extremely important: do NOT bite him.


Title: Is it legal to hire henchmen for yourself?

Question: [deleted]

Answer:
 Yes, you can hire personal assistants and call them henchmen.

But you have to register them with the Guild of Calamitous Intent, Mr. Monarch.


Title: Do I have to pay a mechanic who did a poor job?

Question:
I had a mobile mechanic come to my house to fix my Honda. The car now runs but he did not do the job properly; (did not torque bolts, left parts unfastened, etc) overall did a poor quality job. The car seems to run fine despite this. The cost is $500 but I am in possession of the car. I want another mechanic to have a look at the car.  I have not given him any money yet.

If this went to small claims court (Santa Clara County, CA), would he have a case against me?

Answer: Pay discount price and get discount work.


Title: [CA] Parent demanding repayment of gift

Question:
Hello. I'm looking for some advice. My father and I had a serious falling out and he is demanding I repay him for money he gave me to buy a car.

Here are the details: My car died just after college graduation while I was starting a new job. Father gave me money to buy a new vehicle saying it was an early inheritance to get me on my feet. No written or signed contract was prepared only a cash wire transaction. Fast forward several years, had a serious falling out and he is demanding I repay the money. Additional fact, around 2007 when he was struggling financially, I loaned him an equivalent amount of cash which he never repaid, unbeknownst to me he had been deducting my living expenses as payment and claimed to have settled the loan.

I dont plan on repaying him since he stated it was a gift, there was no written agreement, and he dishonestly shirked the loan I gave him in 2007. Does he have recourse in California courts?

Answer: If it was a gift then that’s that. He can sue, but he most likely won’t be successful.


Title: raising money for charity in Louisiana, but keeping it instead. Surely fraudulent?

Question:
Hello, legal minds of Reddit. I recently attended a community theater performance that claimed all fees raised from that evenings performance from both admission and a silent auction would be going to the recent flood victims. Although I suspected so, I now have it on good authority they have no intention of donating any money at all. It's a nice windfall for the organizer.

They are not a legal or recognized charity in a way, just a community organization. Still, surely that's fraud? To whom would one report such fraudulent activity?

Answer:
 This is definitly some type of fraud, I would start by reporting your suspicions to the police.Answer #2: I'm curious as to what this "good authority" is?Answer #3: Where you report all crimes, to the police.Answer #4: What parish are you in?  Start with your city police, and take it to LSP fraud dept if they don't respond.  Answer #5: Link to complaint form with attorney general in LA
https://www.ag.state.la.us/Complaint.aspx[https://www.ag.state.la.us/Complaint.aspx](https://www.ag.state.la.us/Complaint.aspx)


Title: [Florida] I, my fiance, newborn baby and roommate have been homeless for a month. Now my landlady saying it will be at least 2 more months.

Question: September 15th I(then nine months pregnant) discovered a leak in the bathroom and immediately notified the landlady. She spent the next three weeks procrastinating and making excuses. I spend 4 days in the hospital after having the baby and get home to the leak still being active I notify her again of the mold that has now erupted and the extent of the water damage.  A few days later as I am awake in the wee hours of the morning breastfeeding my week old baby when I hear a really loud crash, it is now October 7th, the ceiling of the only bathroom in the unit collapses. Turns out leaving water running in a nearly century old house for the better part of a month is bad. There was extensive mold growth, water damage through multiple rooms and, surprise, it is also asbestos. The industrial hygienist  actually paid for the first week of the hotel stay because she said it was so essential that baby not stay there. After motel hopping and couch surfing for a month she sends me \[this.\]([https://imgur.com/a/kFSRTWU](https://imgur.com/a/kFSRTWU)) She has said that her insurance doesn't cover me and that we should be on our knees for the motel stay (13 days) that she did supply. When asked for her insurance information because we would be paying out of pocket for two months she denied ever giving that time frame and wouldn't give it. What is the next step? We sank all our money moving into this place from an apartment on the first of September just in time to have our kid.

Answer:
 Your recourse is to find a different place to live. If your landlady fails to return your security deposit, then you can take her to small claims. In addition, you may be able to recover additional expenses that you incurred while moving, depending on your lease and local laws.

&#x200B;

TBH, her offer seems reasonable.Answer #2: Do you have renter's insurance (should should; it's cheap)? If so, file a claim with them.Answer #3: Is there a local landlord-tenant association you can call? They sometimes can offer free or low-cost advice.

Also, if the place isn’t habitable, are you still paying rent? Do you have your security deposit back? The landlord might be responsible to pay for your temporary housing.

I’d suggest calling the social worker at the hospital where you had the baby, but I don’t know if they would separate you and the baby and put te baby somewhere safe.


Title: URGENT: Can my mom force me to come back to her house (Illinois)

Question:
I’m 17 years old, which is probably relevant.

Last night my mom essentially kicked me out of the house. My parents are divorced and have split custody, but I spend more time with my mom. I asked my dad to pick me up, and I’ve been staying there.

My mom is verbally and emotionally abusive. In the past, she has threatened to call the police if I leave, but she made me leave this time. However, I think she’s going to try to make me come back, and I don’t know what to do if she calls the police. I don’t want to go back.

Can the police make me go back? Is there anything we can do so that my mom doesn’t get custody anymore?
Topic:
CPS and Dependency Law

Answer:
 Your dad can go back to court for custody

The police are unlikely to force you to do anything. As long as you are calm and explain what is going on. And your dad's home isn't unsafe


Title: Found out long time friend is on the sex offender list.

Question: He plead guilty to one count of possession of CP.  I am a single parent, if I continue contact with him without my child ever being present can CPS take my child away? He lives in another state, will just emailing and texting him cause CPS to take my child away?   I'm in Washington state.

Answer: Unlikely. Assuming he has server out his sentence and/or isn't violating terms of release he can communicate with other adults.


Title: Fake drug websites--entrapment?

Question:
[deleted]
Topic:
Drug Possession

Answer:
 No.

A person not predisposed to purchase drugs from the internet would not purchase drugs from the internet just because they found a site on the internet to purchase drugs from.

Don't buy illegal drugs ~~from the internet.~~


Title: How long can a landlord wait to charge a tenant in South Carolina?

Question: A group of my friends and I rented a house for a bachelor party and some damage occurred. How long can the owner wait before contacting us for payment. It has been over a month and we are just now getting contacted.

Answer: Three years, he has up to three years to sue you. (He can contact you any time for payment.) If he sues you, the case doesn't have to be resolved within the three year time frame, but he has to file within three years.


Title: What can I do about this situation?

Question:
TLDR; New paranoid assistant manager unjustly accuses me of trying plotting to steal from the store. I lose all basically all of my hours.

[Background info.]
I work at a Dollar Tree in Minnesota. I'm 18, live at home, and have been working there to save money to get my own place when I graduate. Recently we hired a new assistant manager (we'll call her Marie). Marie is super paranoid about EVERYTHING, but her mom is the general manager of another Dollar Tree in the area. Marie worked at her mom's store, so she has a bit of trust built with the other managers in the store.

About 3 weeks ago, I had realized that nowhere in the employee manual did it say anything about what to do in the event of a robbery. I was working closing shift with Marie, and I decided to ask a few questions. I asked things like, "if someone walks in here with a gun what do I do?", "what if you aren't in the store?", "I don't know the safe, or office combinations. What if you aren't in the store when a robbery takes place?", and "do we have a silent alarm?"
My questions were answered, and I more or less forgot about it.

Fast forward to about 2 weeks ago. I'm working an opening shift. As we open up the store my manager (Not Marie) gets a call on the store phone. She tells me it's the head of asset protection from corporate. Apparently Marie had become super suspicious of me after I asked those questions. She had somehow gotten it in her head that me asking those questions was me really trying to find weaknesses in the store so I could rob it. She had gone directly over our General Managers head, and until that phone call I hadn't been spoken to at all. I spoke to Asset Protection on the phone for about half an hour, which concluded with him having me write a statement confirming my side as to why I asked the questions I did.

Previously I had been working 4 or 5 days a week, which was exactly what I had been hoping to get. Now my hours have been moved to times that are difficult for me to work at, and have been cut from 25 hours a week down to around 8.

I've spoken briefly with some people who say there may be some rights violations somewhere in there. Money has never been missing from my till. In my eyes there's no reason I should be getting treated the way I am. Is there anything I can do?

Answer:
 Theres nothing illegal in your postAnswer #2: Minnesota is an at-will employment state.  If they suspect you of committing a theft or conspiring to commit a theft, they can fire you on the spot, regardless of whether or not their belief is true.  They may still choose to fire you and are currently in the process of finding a suitable replacement.

If your employer is deliberately making your work schedule difficult, you may want to start looking for new employment.

Answer #3: If you qualify, You might  qualify for unemploynent due to constructive dismissal. But talk to your GM, maybe he doesn't know Ass. Manager did that


Title: I go to small claims court tomorrow. What should I know? [MO]

Question:
Tomorrow is my court date for trying to get my money back from my ex-roommate. Hoping to get a wage garnishment. I have a binder with everything I have against her: a photo of a note she wrote me admitting she was behind on rent, a photo of the whiteboard we used to keep track of how much she was behind, screenshots of a text conversation where she wouldn't cooperate with repaying me after the lease, and the past year of bank statements with rent withdrawals highlighted and insufficient repayment deposits from her highlighted.

Is there anything else I should know before I go in tomorrow? Anything else I need to get ready? Any last advice you can give me?

Answer:
 Judges in small claims court don’t enforce the rules of evidence rigidly against individuals representing themselves, so don’t be afraid to ask the judge the proper procedure. If you arrive early, the judge’s staff will be in the courtroom and you can ask them procedural questions as well in terms of how the judge likes to do things. Pay attention to the people that go before you and how the judge reacts to the things they do and say.

The most important last minute advice is to think about how to structure your presentation. You are bringing suit against your roommate for failure to pay rent. That’s a claim based on a breach of an agreement. Step one is to demonstrate that there was an agreement. Present that evidence first. Then, present your evidence that the agreement was breached. Then show what your damages were.

To prepare for your roommate’s defense, try and think about what you would say if you were in their shoes. There’s a tendency (lawyers do this too) to evaluate your evidence only from the standpoint of how it supports your claim. Think about your evidence skeptically. Does that text actually affirm that money was owed or are you reading meaning into the text because you already know the context?

It sounds like you’ve already done a lot of prep work, but hopefully this helps! Best of luck!


Title: Military single mom here (Washington state) trying to get physical custody back from ex-husband who has full custody, also military.

Question: Recently moved to Washington state to be closer to my child. I'm a single mom in the military, and I currently do not have legal custody of my child due to the military having me change it to full for her dad while I was going through boot camp and training. Now he refuses to sign over legal custody to me again and is set to move out of the state by the end of the year. I want joint custody over her and would prefer her to live with me. However, I would be happy with getting a modification on the paperwork saying he has to stay in the state. Is any of this even possible? Will the court prefer his living situation over mine since he is married to a civilian non-working woman while I am a single parent? I have a meeting with JAG but not until next week and even then I'm not certain how far they can help since this is a civilian matter.

Answer:
 Edit to add: Not a lot of legal advice but military warning here.

>I have a meeting with JAG but not until next week and even then I'm not certain how far they can help since this is a civilian matter.

If voluntarily gave custody so you could enlist you can have a mess  to deal with.

>due to the military having me change it to full for her dad while I was going through boot camp and training.

Um. Your recruiter told you this, right? *Sigh* This will be an investigation and your recruiter should have NEVER told you to do that. Your recruiter was wrong to do so. The military didn't tell you to give away custody of your child. Your recruiter did. Now? You're stuck in a situation where you will need to get approval (first enlistment I'm guessing) to be a single parent and regain custody of your child.

Let me guess - Army? You took duty station preference when you enlisted?

You can visit /r/army for some more advice.

You  need to talk to JAG and be honest with them. You will need to get a civilian lawyer about the custody issue. No promises on outcomes when it comes to your enlistment.

Your recruiter is about to get an investigation that will be interesting - to say the least.


Title: (FL) Our community clubhouse locks people in after closing time, then proceeds to block their access when they see them inevitably jump the fence to exit.

Question: This is infuriating. Just as the title says, our HOA has a timer on the clubhouse locks which automatically lock the minute the clock strikes 9, disallowing exits. I was locked in, and was forced to exit by jumping the 7 foot tall fence. (which my friend rolled his ankle doing). To pour salt on the wound, I was later informed that my card key access would be suspended for doing so. The HOA is fully aware of this negligent policy. I want to file a complaint but would like help in expressing what laws they may be breaking. I am in Orlando, FL.

Answer:
 Didn't something like this get posted not too long ago about a pool area? I think people recommended either the fire marshal or code enforcement didn't they?

Edit: Found it

Can my HOA lock me into my pool?

https://np.reddit.com/r/legaladvice/comments/4j6583/can_my_hoa_lock_me_into_my_pool/Answer #2: Did they present you with an alternate option that they would have preferred you do in that case?


Title: Can you fire an employee for being fat and unattractive.

Question:
So a post came up earlier today in relationships ( that has since been removed) where a manager. Fired a woman who had a baby 8 weeks ago because she had gained weight.
He states that he had slept with her in the past, and hired her SO as well because she was hot.
He also explains that all of the people on his team have to be attractive, fit and keep themselves looking good ( make-up and clothing wise) he even used the term "fuckable" to describe how his team looks.
He was in asset management, and no clients complained about her looks, or job performance. As well as telling HR that she was messing up on the job and having them fire her. While he really fired her for being fat, and she only made minor errors. The guys main concern was getting the woman he just fired back into tip top shape.

 I am just wondering if firing a person who is heavy because they have just had a baby is illegal?
I know being fat isn't a protected class, but is there anything in this scenario that would get this jerk in serious trouble?

Answer:
 Both the pregnancy-related aspects and the issues with possible quid pro quo sexual harassment ("be my fuckbuddy and I'll give you a job/let you keep your job")  could get this employer into hot water if the employee decides to pursue it.

She should speak to an employment attorney immediately. I can't imagine circumstances where she should speak to her ex-boss other than through her attorney or in a courtroom, at this point.


Title: A developer wants to build a subdivision, but it will easily cost the city big to maintain.

Question:
This is just your everyday, run of the mill subdivision (though for the southwest Ohio area, it it's pretty pricey around 400k per home). I work for the municipality it would be located in and did some work to determine pretty conclusively that long term maintenance costs of the roads, water, sanitary sewer, and storm sewer will cost far more than the subdivision will provide us in any kind of taxes. The costs begin to outweigh the benefits just in the eighth year.

I showed this to my city manager and told him that we need to somehow postpone this development until we can get a professional cost/benefit analysis done and determine if this subdivision is worth it at all. He said this would constitute a "taking" and would get us sued.

My question is this: is there any sort of provision that would allow us as the city to protect ourselves and our residents' tax dollars from this money-suck? It's just hard for me to believe that we would be forced to take on a bad deal like this.

Answer:
 >I showed this to my city manager and told him that we need to somehow postpone this development until we can get a professional cost/benefit analysis done and determine if this subdivision is worth it at all.

You do not have the authority to stop that project because your cost/benefit projection shows you may be providing more services than the subdivision would pay in taxes.

The way a town runs is that everybody gets taxed  at the same rate and everybody gets similar services.

Some people end up paying more than they get in services, some people end up getting more services than the taxes they paid. It all evens out in the long run.

Your municipality has the choice of changing tax rates to cover the additional services they need to provide.

If this project gets halted, it would be by the zoning/planning boards (and on different considerations), not by your department.Answer #2: How is it any different from repairing roads, sidewalks, and sewer lines for run down parts of municipality that isn't generating tax revenue?


Title: [KY] Ex-wife had a judgement against her that I knew nothing about and now there is a lien against my house.

Question:
My ex-wife is in no way financially responsible which is one of the reasons I got divorced from her but that's another story.  Basically I'm in the middle of refinancing my house when I get a phone call from the mortgage company yesterday asking me about a lien that was against it.  I had absolutely no clue what he was talking about.  Come to find out my ex-wife had a medical bill for around $1300 that I was never informed off.  They were able to get a judgement against her in 2014 which is the same year we split up.  They filed a lien on the title to the property sometime around January of 2015.  She was served papers according what I've seen at this point but of course at the time I had no clue any of this was going on.  We divorced in August of 2015 and settled the equity of the house.  I filed a Quitclaim Deed and her name was taken off the title.  At no point did she tell me about the judgement and at no point was I or my parents who are also on the title ever notified about any lien.

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I've called my lawyer but she's in court all day and said she would call me back tomorrow.  I'm trying to figure out how screwed I'm going to be.  I'm guessing I can pay it and then take her to small claims court over it but she literally owns nothing of any value, she lives off of her parents.  Even if it was found in my favor I can never really expect to get paid back.  I'm also really upset that no one else on the title was ever notified of this happening, I would think that's illegal in some way.

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What are the chances of me getting it removed considering it's not my bill and she never disclosed this during the divorce?  What options do I have other than paying it?  If  I do pay it what options do I have for recuperating the cost?

Answer:
 > I'm guessing I can pay it and then take her to small claims court over it but she literally owns nothing of any value

And that's all there is to it.

>What are the chances of me getting it removed considering it's not my bill and she never disclosed this during the divorce?

Zero - the lien was correctly attached to the title since your wife was on it.

>What options do I have other than paying it?

None that will help you.

>If I do pay it what options do I have for recuperating the cost?

See the first quote.

Sorry, but all you can do is chase her in small claims court, then try to collect.


Title: Medical issue after being overworked by manipulative, verbally abusive supervisor. Now dropping out of school and pursuing another, much less attractive career/lifestyle.

Question:
I worked for a scientist who has basically worked me to death. I've spent almost a year working 12-14 hours a day, 7 days a week, and I've finally been hit with a serious health issue from the stress. I am still trying to determine the exact diagnosis with doctors, however it is likely a chronic problem that will prevent me from pursuing science, medicine, or any other intellectually challenging career.

My supervisor does this to most of the people that work for him. He yells at people and ridicules us in public, and he gives us more work than is possible for anyone to handle. His boss has known that he is a problem, all of my supervisor's previous students have gone to his boss, and some were placed in better environments.

Now I am in my late 20's, and I have to give up on my dream that I have worked hard for my whole life, and I need to figure something else out. I will probably end up doing something that involves manual labor, as I mentioned my medical condition prevents me from doing anything intellectual. A huge disappointment for me, and seems like such a waste considering that my education so far has cost a small fortune, and I am very well trained (top universities). I was on a leave of absence from medical school to pursue a PhD in biology when this happened.

What are my rights? Considering that this has very negatively impacted my life - I can no longer do most of the things I enjoy, and instead of a respectable career earning $250,000+ annually, I am going to start out as a dishwasher or something. My place of employment knew that this individual was a liability but did not take measures to protect me or warn me.

Please let me know what other information you need.

Answer:
 > I am still trying to determine the exact diagnosis with doctors, however it is likely a chronic problem that will prevent me from pursuing science, medicine, or any other intellectually challenging career.

It is very, very unlikely that your supervisor's actions have caused you to have a crippling disease that bars you from any intellectual pursuits whatsoever.

As is, it's not illegal to be mean to you.  None of what you've posted sounds like anything more than "He's a bad boss", which is unfortunately common.

You should take your specific concerns to a local attorney - your story is so bizarre that you might do well to get a specific read on your situation.


Title: Marriage License clarification

Question:
Hi, I am trying to fill out the application for a marriage license and one of the fields asks for "legal name at birth." I was adopted internationally and my parents changed my name. When they ask for this, do they mean the one that's on my birth certificate (which is my current name)? Or are they meaning literally the name I was born with but am not legally called that anymore?

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Thanks!

Answer: They want the name on your birth certificate - if your parents legally changed your name when you were adopted, they already did the legal work to officially document that with the vital records office.


Title: My 11 yr old cousin has never been to school. What will happen if it’s reported?

Question:
Like the title says, my second cousin has never been to school. She was born and raised in New York but her parents have now moved to Allentown, Pennsylvania.They have another daughter as well who HAS attended school.
My grandmother just found out the 11 yr old has never attended any kind of school and wants to report it. She’s giving them until the end of this year to get her enrolled or at least start the process.
If she does report it, what can happen to my cousin and his wife and what are their options?
My mom has offered to take the kids in if anything does happen but we’d like to be a little more prepared.

Answer: So they are not homeschooling her, or claiming to? They are just not registering her anywhere for school ?


Title: Idiot cop injured himself while searching me, charged with assaulting a police officer.

Question:
Illinois.

I was driving a friend home, when I got pulled over for speeding. I don't disagree with this. I was speeding. The cop said the car smelled like weed (it didn't, there was no weed) and decided to search us.

My "friend" tried to make a run for it, turned out he had a bit of cocaine on him. Idiot. So they had me detained in cuffs, they'd patted me down for weapons, and the cop said he had to search me and the car. He asked me if there was anything sharp in my pockets that could stick him. I told him yes, my front pocket had a box cutter in it from work, and it may possibly be slid open somewhat, as the damn things have a tendency to do. I've cut myself on them more than once.

So this cop, real genius he was, jams his hand into my front jacket pocket and- surprise- cuts himself on the box cutter. He called me several names and shoved me to the ground, and claimed he thought I meant my front pants pocket.

Next thing I know I'm being arrested for "resisting" and "assaulting a police officer."

Luckily because I'm a PoC and I know how cops are, I have a dash cam that picked up all of the conversation and most of the visuals.

This is a bullshit charge, right? I can't afford a lawyer, will I get a public defender? Dash cam footage is already backed up.

Also this is minor but they never wrote me a speeding ticket, am I likely to get one later?

Answer:
 Criminal defense attorney, pronto. Ask family for help if need be. Answer #2: Be *very* careful with that dashcam recording.  If it could be deemed a surreptitious recording, it could be consider an illegal recording.

You absolutely need a criminal defense attorney for this.  Tell them about the recording and let them decide how to use it.Answer #3: Illinois is a 2 party consent state with regard to audio recordings. You'll need to discuss this with your lawyer and see if your dashcam evidence can be admitted.Answer #4: The money you spend on a lawyer is a greater investment then anything else you could ever buy. How much would you pay for years of happiness and livelihood? As a PoC you are sadly familiar with the profiling that can impair your life, however you need to amplify that prejudice greatly once you have assaulting a police officer on your background. You will never find gainful employment and something as simple as renting an apartment might be impossible. Generally, public defenders are pretty great for most criminal charges. But your situation isn't like most charges. That video may be a very fragile golden ticket to securing the entire rest of your life, and you definitely want a private attorney who has the time to review and utilize it because evidence like that has a lot of potential constraints.

I guess you probably won't see a speeding ticket, but that should be the least of your worries right now. Beg mom, shake down cocaine idiot, or work your ass off because holy shit do you need to hire a lawyer and get him that video today.


Title: I think my landlord stole my drone & camera, what can I do?

Question:
Gonna try and just keep this simple. I have an apartment in LA. I rent month to month, I'm not on a lease, I travel a lot. Looking for a new place. I share it w my girlfriend. I was out of town, left a drone and some camera gear in a cardboard box. My apartment is like a big house. There's 4 others that live in my unit. Landlord has keys to all rooms. His assistant was "fired for stealing."

One day my GF called me and told me the box was gone. It was stolen when she was at work. My landlord told her not to call the cops and was sketchy about it. Cops were eventually called and could do nothing but write a report. I don't have renters insurance, my bedroom door is so shitty and can easily be accessed with just slipping a credit card in.

The weirdest thing was that there were hard drives, MacBook pros, lenses, etc all throughout the room. None of this was taken except for the box with the drone which my landlord knew I had and saw me with the box and flying the drone. No signs of forced entry. He was one of the few people who knew I was gone.

Sorry for a mess of details, I'm just pissed and hate thinking about it.
Is there anything I can do? Does the landlord have insurance that I could use to replace the gear? I cannot prove it was him. I'm lost.
Topic:
Landlord Tenant Housing

Answer: This is why people have homeowners/renters insurance.


Title: Shopping at Wallgreens under 18

Question:
 I have been shopping at the Wallgreens next to my house for about 6 years now. About two years ago they made a rule where only people over the age of 18 can shop there. This is even for snacks and goods. They made this rule because they are located by a middle school where stealing is reported a lot. At the door they will stop me and not let me shop because I'm under 18. I know no other wallgreens is like this, so i am just wondering if this is legal. Please i just want snacks.

Edit. This is in Oklahoma City. They ask for my ID.

Answer:
 Youth is not a protected class. They are free to refuse service to you. Answer #2: Not legal advice, so sorry if this is not allowed. But have you tried contacting their corporate office and explaining your situation? Seems like they're losing business.Answer #3: That's a store-specific policy due to an actual problem they have. They are perfectly within their rights.

Go in with your parents and ask if you can be excepted since you've been a good customer for so long. Answer #4: Have you considered contacting management directly to explain your situation? Perhaps they'd be comfortable if they knew you on a personal basis. Answer #5: Yes, it's legal. I've seen gas stations near high schools do the same thing.


Title: A friend of mine got in a fight with their SO in public and got arrested. Looking for advice.

Question:
Nothing super crazy, but (lets call him Bob) had an argument at a supermarket with his SO (Jenny), and ended up in him hitting her on the shoulder. A stranger saw it and pushed Bob out of the supermarket out of the store and another stranger checked if Jenny was alright, and then called the cops. The cops reviewed security footage and questioned the two strangers that got involved, but not Jenny. Bob's now sitting in jail with a court hearing on Monday.

I'm hearing this from Jenny's perspective and nobody wants Bob to get in anymore trouble. They're from China and have a solid 3+ year relationship, but their English isn't great so I'm concerned for them. Both over 18 btw.

Any general advice? Because I'm a clueless high schooler looking to help em out. Also of this is the wrong place to post then lemme know.

Answer:
 Bob needs a lawyer. Bob should not speak to the police without a lawyer.

This is a criminal case, which means that it's the state of Washington vs Bob, not Jenny vs Bob. The state has a vested interest in seeing that people do not assault one another in grocery stores, and absolutely can continue to prosecute even if Jenny would prefer to drop the matter. Bob's attorney may be able to work this out - with a plea deal to a lesser offence, or with a diversion and probation in lieu of prosecution.

The Washington Bar association can help Bob get an attorney. If Bob's broke, he can request a public defender at his arraignment, provided he pleads "not guilty." (He should not, under any circumstances, enter a "guilty" plea except on the advice of his attorney.)

Hitting people is assault, even if you don't hurt them.


Title: Falsely accused of felony charges, order of protection will result in termination with no chance of being hired again

Question: [deleted]

Answer: In situations where you are being falsely being accused of a felony generally there are two methods of recorse.  A civil suit for defamation after you have been acquitted or the case dropped or convince the DA to file charges for perjury and ask for restitution.  Both of these have to wait until after the case is over.  You should concentrate on not being convicted of a felony.  You can forget about the job for now.  That's not the important part.  You probably have some duty to mitigate damages by finding another job but that still isn't very important.  Just try not to get convicted.  Deal with everything else later.


Title: IRS declared me an employee instead of an independent contractor for ~2 years of work at a former employer, what benefits (if any) am I allowed to claim retroactively? [Wyoming]

Question: I recently received a Worker Determination letter from the IRS and they've decided in my favor as an employee, rather than an independent contractor. I have very detailed hourly records of all of the work that I performed and believe that I should be entitled to at least overtime over the 2 years I worked for the employer. Can I also get reimbursed for benefits that the other employees were receiving, such as holidays, vacation, and health insurance? Thanks for any help!

Answer: At the very least you can amend the prior year returns, and get the self employed part of fica off.


Title: Is this considered harassment?

Question:
One of the people who makes the schedule where I work (Jerk A) made a rule saying that only one of us could take vacation at a time due to lack of qualified people. This man (Jerk A) has constantly belittled and aggressively tried to rule our shop with an iron fist, and he had a special hatred for the second most senior person in the shop (Person B). Upon making this rule the second most senior person in the shop (Person B) could no longer take Christmas week. So that was the last straw and he quit. Seven months later, we still have the same amount of qualified people in the shop, but the jerk (A) in charge of scheduling has taken a week of vacation while another qualified member is also taking vacation. To me this sounds like he made that change just to get rid of the second most senior guy (Person B) and to secure Christmas for himself since he is the third most senior guy (Jerk A).

Is this a form of harassment? Please help, as this guy (Jerk A) is a poison in this workplace and multiple people have quit because of his attitude and how he thinks he's better than everyone else.

Edit- PA

Answer:
 > Is this a form of harassment?

No. Being a shitty boss isn't illegal.


Title: Handyman likes to answer his door naked. (Ohio)

Question:
I recently moved into a new apartment. It's an old house converted into 3 apartments, I'm in the middle with my boyfriend and roommate and beneath us is our handyman who is an employee of the landlord.

He hasn't done anything to us yet, but last night we ordered a pizza and the pizza guy accidentally knocked on the handyman's private front door. He answered fully nude, with loud porn on in the background, and acted like it was no big deal. Our upstairs neighbor says that he has done this forever, will come out to the shared hallway naked every time one of the door bells ring or someone knocks, even when it's a tenent's guest. He will also answer his door naked when you knock for matiance issues. And sometimes he will even keep his door open when it's warm and walk around naked. We have to pass his door to get into our apartment.

I have absolutely no problem with him being naked in his own home, but I'm concerned that he's going to expose himself to me, or answer the door naked should I have to knock for maintenance issues. Would this be a crime? I am not looking to get him in trouble if he never does anything to me, but I DO NOT want to see anything he has. Is it indecent exposure if it's in our private property? I'm worried about guests, I do have 3 little niece's who frequently spend time with me when I have free days.

Thanks in advance!

Answer:
 Step 1. Ask him to stop?

Step 2. Call the non emergency line at the PD and file a complaint.

Step 3. If nothing above works, and especially if he does it around the children, call the emergency line and report him for exposing himself to children.

If it get's to step 3, he'll stop.Answer #2: It's indecent exposure if you can see him from a public space (so, you're in the driveway, look over, he's Buck Rogers in his picture window with the blinds open, it's indecent.) If and when you or someone you know experiences that, call the non-emergency police line.

In the meantime, you can talk to your landlord and relay any maintenance requests you have through your landlord; or use the phone. For the kids and guests, put something cute on your door and tell them to only knock on the door with the cute thing.

Preemptively, based on a neighbor's commentary, you can't and shouldn't attempt to do anything. Make sure that when you do complain about the public nudity, you're 100% in the right and not relying on anticipation or a third party's statements. Answer #3: Public indecency.  [Link.](http://codes.ohio.gov/orc/2907.09)


Title: Is a Syllabus a Legally Binding, Good Faith Agreement or Contact?

Question:
Hi r/legaladvice,

I took a graduate class this past semester and it was moved from on campus to online and the transition was horrible. The TA was in charge of grading and did not provide feedback or grading on any assignment until after the course final grade was submitted to the university, which was incorrect the first time and was amended. When we asked the TA how we were doing on assignments he always said we were doing very well and not to worry. But at the end of the course we did not get passing grades for the programs we are in (needed at least a B and the prof. Assigned us C’s then B-).

The Professor was not available for meetings or questions during the semester and guidance on assignments was not present. The TA and Professor also stated that they would be grading assignments very leniently in light of the move to an online format.

Here is where it gets legal. The school admin is saying that the only thing they can do, if the professor does not want to change the grades he submitted, is to apply to withdraw and have the grade expunged from our transcripts, with no refund. I did not get the class experence I paid for and neither did my classmates so I am wondering if there is a legal opinion to recoup my $2300 class fee if they do not regrade the assignments in a fair manner. The course staff did not follow the syllabus in terms of what was promised in the class and they did not follow the syllabus when  they amended it and revised guidelines. Is there anything I can do if disputing the course grade doesn’t work out?
Topic:
Consumer Law

Answer:
 This is going to be an extremely fact specific question, but maybe not in the respects you want it to be.

First off; no court is going to touch your course grade. That's simply just not going to happen. They're also not going to adjudicate what a "fair" regrading is. Ever.

Second, alleging that course standards aren't met is an issue that goes to specific objectives and accreditation standards. In the majority of situations it's more of a discussion with the department/student services than actual consumer rights issues.

That appears to be what you're doing, and the school offering you an option to remove the course from your transcripts is an olive branch here.

End of the day you need to consider whether that $2300 is worth putting your entire academic career on hold for literal years, and that's even if you have an actionable claim. Again, the grade not being what you believe it should be is not that.


Title: The executor of the will (my Dad) never gave me the inheritance from his mother's will

Question:
We live in Australia. My Grandmother died in 2012. I didn't know at the time, but she had stipulated in her will that all her grandchildren were to receive around $8000 from the sale of her house at the time of her death. I didn't find out until my Mum told me that my brother was given his.

My Dad was the executor of the will and his handling of it caused a major rift in the family. I've become pretty distant from him in the last couple of years for other reasons but we were in regular contact at the time of her death.

I feel like he's probably decided to keep my inheritance in trust or something and he'll give it to me if I decide to buy a house, but that's not how it should work, right? He doesn't get to decide when I get it, just because he's the executor. I don't need to give him a valid reason, it's just mine. All two dozen other grandchildren received this amount.

He did gift me $4000 in 2011 so I could stay in Europe so I'm unsure if he views keeping this money from me as me 'paying him back' but he's never mentioned anything about it, and obviously the amounts are vastly different. I'm just wondering if I have a legal leg to stand on, and if I can tell him that it's legally mine and he isn't allowed to decide how I should be given this money. I don't really need it, but the principle of it is annoying me, and it feels like it's just one more thing he can hold over my head. I can't find any online resources about this for Australia.

Thank you

Answer:
 An executor must distribute the deceased estate as directed in the will. It is a legal duty and they have no wiggle room.

You can confront him and ask for your share. If he refuses you will need to escalate.

You could start by getting a copy of the will, take it to a lawyer and ask them to submit a letter of demand to your father.


Title: Employer is saying my friend is no longer entitled to his annual bonus (MA)

Question:
Hi. My friend works for a large healthcare system (Company A) based out of MA. This system had acquired another system (Company B) over a year ago, which my friend had worked for and remained an employee through the transition. At Company B, at the beginning of his employment, he had signed an offer letter stating his compensation plan, including a 25% bonus (a significant amount!). Company A took over, and virtually nothing changed - salary stayed the same, job duties stayed the same, etc. My friend does not have a new offer letter with Company A.

After a calendar year, he is now expecting his bonus. Company A is now saying that the position is not eligible for a bonus.

I do understand that bonuses are discretionary. However, to be told the position is not even eligible for bonus AFTER a year of striving for the relevant metrics doesn't seem right. Is there any legal recourse here?

Answer:
 > bonuses are discretionary

You said it yourself. Bonuses generally aren't a guaranteed form of compensation.

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Title: Landlord threatened to break my lease if I keep bothering him... can he do that?

Question:
Essentially we moved in and the house is disgusting.  We keep asking him for a mail key and he won't help us. Its been a month into our 12 month lease in VA.  He said he doesn't deal with small things like that and that if we keep bothering him he will break our lease.  I'm pretty sure there's no legal basis for this.  It's just a standard rental contract.

What are my options if he does this?

Answer:
 In my area the post office gives out mail keys (if it's a cluster box). Is there some reason you think the LL has it?

A lease is a legal contract and neither of you can break it for any reasons that are not stated in the lease. If you signed something that says he can break the lease if he thinks you are bothering him, that's on you. I think that's unlikely, and he's just trying to intimidate you into leaving him alone.

In most areas the city housing department or zoning department regulates property condition. You may also have landlord-tenant advocate groups in your area. If "disgusting" means dirty, you should not have moved in. Once you move in you pretty much have accepted the property in that condition. If "disgusting" means health hazards, non-functional sanitary or heating or cooling facilities, you may be able to file a complaint with the city. However if the place is so bad they condemn it then you need to find another place to live.

Some areas have laws that say you can withhold rent *under certain circumstances* and *in very specific ways* to make repairs or hire people to make *some* repairs. You should investigate this and see if that applies to your situation since you haven't really given many details here. But be very careful with this because if you do it wrong you can end up evicted and have a hard time getting a new place with that court record. Answer #2: He can't break your lease unless you actually violate the terms of it, FYI


Title: My aunt/uncle have taken everything from my grandfather's savings, and are threatening to call the police if any of us attempt to visit him

Question:
About ten years ago, my grandfather had about 500k in the bank. He's always been frugal, and didn't spend a penny he didn't have to, but by no means did he ever make "big money".

Well, when my grandfather's mind started to go, my aunt and uncle said they'd take care of him. They live about 5 minutes away, back when our family was about an hour. Well, I've always known that was bullshit, because my sister and I were the only ones who would go see him every couple of weeks, and he *NEVER* had groceries, we we'd always have to plan on going whenever we saw him. And back then, he was in good enough mind to know he was telling the truth, when he said he didn't "see much out of anyone" except up, even though they were literally just a few minutes away.

Well, fine, *whatever*, I always thought. My grandpa could be an asshole from time to time, but I love him, and I've never cared about getting anything from him. We eventually moved a bit further away -- about three hours away, but we'd still see him one a month -- but I eventually moved cross-country, so I've only gotten to see him a few times in the past two years.

So... my grandpa had three children; my mother, and my two uncles (one lived in Alaska until recently, so he's never really been in the picture). At some point, my aunt and uncle seemed to started spending a bunch of money; they started taking trips all over the place, my aunt's daycare moved from a small building to something the size of a small school, and it had my mom suspicious. So, she looked at his bank statements, and saw that of the 500k, about 100k I guess had gone "missing".

Well apparently, without telling anyone, my aunt and uncle had taken my grandfather in and made them executive of the estate, or something to that effect: essentially, he controls all of my grandfather's belongings.

Well, because there's always been bad blood between my mom and her siblings, she decided to ask my grandpa to get her inheritance early; after she and my dad split up, she didn't have a place to live, so my grandpa gave her I think 60k and she bought a house. Same area I used to live, about two hours away from my grandpa.

Well last week, she picked my grandpa up to come down to visit her and my sister, and he stayed the night. Apparently when she went back, my aunt and uncle confronted her, saying hey don't trust her, and that they've all block her and all of our phone numbers, and that if any of us try to visit him, they're going to call the police.

Now, keep in mind; they all live in a small town. They've always been trailer-trash, but they're the kind of people that know everyone in that town, and whatever the "law" might say, if they call the cops, then somebody is getting locked up...

So somehow, I guess it comes out that they've taken the rest of my grandfather's money, and if anything happens to my uncle, it goes straight to my aunt.

At this point, I was still very much in the "Sure, fine, *whatever*" mindset. I love my mom, but I just don't like getting involved in this stuff; I have enough to worry about in my own life.

Well, that was until they apparently implied that I was "sneaking around" and "taking" things from my grandpa.

Literally the only thing I've ever gotten from my grandfather was a revolver, that he gave me *years* ago, and my uncle was even the one to get it out and hand it to me. Implying that I would fucking *ever* steal from my own grandfather was enough that I wanted to cave someone's head in yesterday (fortunately, again, I'm on the other side of the country).

Anyways, while my mother was arguing with my aunt and uncle, apparently there was some comment made, like they might get a lawyer and take my mom's house, because it was paid for by my grandfather's money.

It's reached a point I can no longer ignore this, or pretend it's just going to "go away". I've never had any desire over my grandpa's money, but this whole situation is making me feel like a fight is coming either way -- and if it does, then I don't think they've earned any right to take everything for themselves.

My mother is going to try to find a lawyer to speak with, but neither of us has any understanding of the law, so we don't really know what to do. Should we just wait and see if they actually *do* following-through on their threat to sue my mom? Should we take *them* to court over tapping into my grandfather's savings for their own benefit? And, when all of our phone-numbers have been blocked, what are we supposed to do when we want to visit him?

Answer: If you get a lawyer, get one that is experienced in Elder Law. You can also call Adult Protective Services because it sounds like your grandpa needs them.


Title: CA: locked out on a second story hotel balcony at 3am, there's no one on staff to get through the deadbolt to let us back in the room, security had us dangerously climb to the neighboring balcony instead of calling the fire department.

Question:
This is happening right now.

About 3am my girlfriend and I step out on to the second story balcony of our hotel room. Apparently, the door self locks and we were stuck. Luckily we had our phones so we called the front desk. However, we had locked the dead bolt on the hotel door so it wasn't so simple as just unlocking it. The employee of course couldn't reach the one guy who has the tool that unlocks dead bolts.

So, our options end up being:

A) Stay on the freezing balcony until the chief engineer who has the only tool that can unlatch the deadbolt shows up in 4  hours

B) Call the fire department and have them climb through the balcony and break the sliding glass door to open it

Or

C) Climb to the neighboring second story balcony.

Security and a receptionist meet us at the neighboring balcony. They help us climb over. Security thanked us for not calling the fire department. Had the audacity to say it smelled like weed and that we seemed "blazed out" (not true, we smoked a normal cigarette). Regardless, we were not locked out of our hotel room and put into an extremely inconvenient situation because we were stoned. It was because their second story balcony sliding door locked itself behind us.

 Receptionist offered complementary breakfast (which is included with my loyalty program status), put us in an empty room we have no key for until someone can let us into our room where all of our belongings are.

So, do we have any legal recourse?

Answer: You should have just called the fire department if you didn't want to risk your safety. Answer #2: Not likely given you accepted their solution. Next time call the fire department.


Title: S/O gets a letter from child support services.

Question:
Oh man, where to start. Many years ago, a woman assumed that my S/O knock her up. I blocked the living crap outta her on Facebook, now I am currently questioning if he actually did.

How it starts out. I took photos of the paperwork that was sent from the services to my S/O. S/O calls me up saying it is fake, I laughed it said maybe it is. I decided to Google the number and then the realization it isnt a fake number. Straight up told him this isn't fake at all. Trying to keep a decent mood on the phone with him while he is away from the place for a little while. S/O says he will ignore it and move on with his life. I said, how can you ignore it when theres a bloody case number on it? Still wants me to rip it up and throw it away. Blah, I feel like I'm in a lying relationship right now.

So, will anything happen if he ignores this letter that was sent by the case worker?

Answer:
 He will be assigned child support and it will likely start being deducted from his paycheck.  What he needs to do is respond and dispute paternity which should lead to a DNA test and a resolution of the issue.

Tell your S/O that ripping up and throwing away legal mail is always the dumbest option of all possible options.


Title: [IL] Mechanic playing games

Question:
This is for my grandparents.

5 months ago, the head gasket in my grandparents jeep blew. They call up a mechanic and the jeep was taken into the shop. They were quoted a price that they paid ahead of time and the mechanic went to fix it.

It has now been 5 months and they still don't have their jeep back. The mechanic loaned them a car for a few weeks, but they are back to not having a car.

About a week ago, the mechanic came and told them their jeep was done, but they had to pay $600 to get it back. He locked it in his garage because they don't have the ability to pay it right this moment. The next day, my grandparents offered to pay $300 cash and the rest on the first of December. The mechanic said he couldn't do that.

He is now avoiding all calls and text messages. What can they do?

Answer:
 They prepaid for the repair -- did the mechanic itemize the increase in cost?

The mechanic isn't obligated to put them on a payment plan, but he is obligated to explain the charges.


Title: My Landlord wants me to pay my last month's rent twice.

Question:
Hi everyone. Let's say that I signed a month to month lease with my landlord. I told him that I will be staying until December, but I didn't like the place so I gave him a 30 days notice (more than 30 days as stated on the contract) that I'll be moving out by the end of November. I also already paid for the first and last months rent before I moved here. My landlord said because the apartment owner will takes monthly payment from him, I will have to pay him last month's rent again.

I told him that I'll pay but on a second thought I feel very suspicious about this. Should I draft a contract we both have to sign before I pay him last month that I'm getting both my last month's deposit and last month's rent back? Or should I don't even pay him last month's rent. I'm nervous that my landlord will take all the furnishers that come with the room away from me if I'm not paying. Please, any advice would be much appreciated. Even a slap in my face to make me stand up for myself would really help too.

Edit: I just want to thank everyone here again. I read all of your comments multiple times and you all give me confidence that I will be fine. It sucks to learn that I have a shaddy landlord, but on the flip side I also get to learn that there is such an awesome community to help someone like me out!

Answer:
 > because the apartment owner will takes monthly payment from him, I will have to pay him last month's rent again

I don't understand this part. Please explain it in detail.Answer #2: He likely already spent your last month's rent that you paid when you moved in, and now needs it again to make his rent.

Not cool, he's not entitled to that. His money problems are his problem, not yours.Answer #3: He already has the money. Don't pay him. You have your receipt?


Title: Detective wont tell me why he needs me to come in and see him?

Question:
Got a card on my door 2 weeks ago and me and a city detective have been playing email tag. I work on call going out of town so I'm not really available in normal hours.

I've asked multiple times what this was related to but was told he couldn't provide information via phone or email since he cant verify it's really me?

Detective works for economics crime unit. If it's related to a package that went missing from FedEx  wouldn't he just say so?

Think I should lawyer up. State is texas. Any advice?

Answer:
 Assert your right to remain silent no matter what, even if it means you get arrested.   They want you to come in for one of two reasons:

- Police have enough evidence to arrest you. Then NOTHING you say will help you. You cannot prove your innocence to the police they won't care.  THEREFORE IT'S BEST TO REMAIN SILENT, let them arrest you, and wait until you get to see a lawyer.

- Police don't have enough to arrest you.  Then NOTHING you say will help you, and it's OFTEN that what people say give police just enough information to arrest them. THEREFORE IT'S BEST TO REMAIN SILENT.

Don't talk to them.  Police can lie to you to get you to talk.  They can be VERY persuasive.

And of course, don't go.  That means you'll be interrogated, and they can hold you.


Title: Contract is invalid and I just want to go home-19yr old

Question: [deleted]

Answer:
 We can't even begin to help unless you post your location, except to tell you to contact your country's embassy in the country you're currently in.

That will probably be my advice no matter what countries are involved, unless one of them is North Korea.


Title: [MI] My neighbor's kid may have used my daughter's phone to search for, and find, pornography.

Question: We would like to let our neighbor know. Would we be opening ourselves up to a civil lawsuit if we do?

Answer: No. You have no civil liability for your neighbor's child using your daughter's cell phone to look for pornography.


Title: Petty pennies

Question:
So recently I’ve been involved in a car accident and the couple who were involved decided they wanted to get as much money out of me as possible by having me pay for their damages out of pocket. It was a very minor fender bender and there is almost little to no damage on their car. Would it be legal to give them the payment in pennies? Considering I get rolls from the bank that are indeed the exact amount needed to repay the debt could they legal refuse the money and take further action or with they have to take the pennies and cash them in? Anyways thanks in advance I’m in a bit of a predicament here...
Topic:
Other Civil Matters

Answer:
 You can offer payment in pennies.  They don't have to accept payment in pennies.  When they sue you for the damages you've caused, and the court finds you tried to pay in pennies, they'll likely take a far harsher look at your case.

Also, they can't "have you pay for damages out of pocket".  If you want to make a claim with your insurance company, you can.  You don't need their permission.  If you **agree** to go out of pocket, don't be an ass about it.Answer #2: >by having me pay for their damages out of pocket.

You could also get your own insurance involved with this and then they'll pay and you'll pay your deductable if you are at fault for the accident.


Title: Arrested for DUI, not for being drunk, but supposedly being "high".

Question: Was arrested and had my blood taken because the officer thought I was "high". The officer said even if I plea not guilty as long as any THC was in my blood I'm gonna be guilty. This is when I should add I have an expired medical card, and have continued to self medicate, so odds are there is and has been THC in my blood for years. What legal action can I take to fight this claim?

Answer: get a criminal defense attorney


Title: Car runs red light and hits me while I turn. I am being charged because there is no proof.

Question:
I live in Ontario, Canada and I was on a 2-lane intersection, making a left turn. The traffic light had turned yellow, and a car on the opposite lane had already stopped. I also saw another car approaching the car that had stopped (thinking that it would surely slow down because a car in front of it had already stopped and because the light was yellow). So I make my turn as the light turns red and the car doesn't stop and rams into me.

The guy that was driving told the police officer, investigating the crash, that the light was just turning yellow as he drove across the intersection. I know that is a blatant lie but the police officer believes him and I have no way to prove that there was another car that had already stopped at the time, nor can I prove that the traffic light was already yellow for some time, and red by the time the driver ran it.

I'm not sure if even hiring a good lawyer can get me out of this one. Should I plead guilty? I feel like all favours are against me. Thanks.

Edit: Okay, I acknowledge that I should've been absolutely sure the car would stop before making the turn.

Answer:
 You turned left in front of someone. You're at fault. While his running the red light may make him partially responsible, you are responsible for ensuring the intersection is clear before turning left.

In the motorcycle community, "Left Turners" are a very real thing.Answer #2: I was actually in this very accident in Illinois in 1998.

The police officer wrote us both tickets - me for turning in front of another car, the other car for running the light. I just paid it, because it seemed fair.

The insurance companies fought it out on their own, and I ultimately got my whole deductible refunded to me, so I guess they decided it was her fault.

And they totalled out my car, a 2-year-old Firebird. After I begged the auto body shop to look harder, because it was a fluid-leaking piece of shit.Answer #3: When making a left turn and you dont NOT have a green turn signal at the light, the driver must yield to ALL oncoming cars.

That is the law in NJ. I was in the same situation years ago, I lost.Answer #4: no matter the fault (reads like yours here - you have no right to enter the intersection and wait inthe middle, despite the fact that most people do), NEVER assume the opperator of a multi ton object will do anything. that ends in firey death.


Title: After getting scammed by an online small business, how do I shut them down ? [California]

Question:
***This not not my own situation, but a friend I attended high school with. Regardless, any advice would be extremely helpful and appreciated. Below is from her Facebook status***
&nbsp;

> Basically I ordered a product from this company, was charged, and did not receive my product. After some emails they claimed they would resend the product and so far no luck and it has been months since. Now, I want to SHUT DOWN this business because by just taking a quick glance on their Facebook, BBB, and Instagram, there are plenty of complaints of similar cases. In fact, there are maybe only a small handful of people receiving their product and even then some of them got it after a long period of time. I can gather evidence and such later, but I am just unsure of what procedures I should be taking or if I should contact a professional and such. Any help or advice appreciated!

Answer: Issue a chargeback. You can't choose to shut down a business.


Title: Twitch streamer leaked my friends name after he called her a derogatory name.

Question:
So my friend was watching a twitch.tv streamer and his first and only comment was "wow I'm surprised to see so many people watching this game since It has a low follower base" immediately after that comment he was banned from speaking in chat by the streamer. He then proceeded to donate 3$ to the stream so he could leave a public comment towards her since she banned his ability to talk. His comment was along the lines of "your a stupid cunt I was just saying I'm surprised so many people are watching a stream of a less populated game" moments later the streamer announced his full name on stream since she could see the information of any donor to the stream, she then proceeded to ask him for his IP and asked for his Facebook info and so on.

My friends main question is does he have any real legal standing since she outed his real name to a large crowd of viewers which can open him up to a slew of internet based attacks.

He is just interested in any legal standings he may or may not have not the morality of what he said as he understands he could have handled the situation differently.
Topic:
Computer and Internet

Answer: It *might* be against Twitch's Terms of Service to reveal this, but that's about it. There's nothing illegal about saying someone's name, and there's nothing illegal about calling out bad behavior.


Title: A clerical error by my power company cost me a fridge full of food. Any chance at reimbursement?

Question:
So I just moved into a new apartment at the beginning of March, and the HOA of the complex requires an inspection of the apartment whenever someone new moves in so that they can submit a permit to the power company to get the power turned on in the new tenant's name. When I moved in my realtor told me I was good to go on the inspection and she had taken care of everything. The power was on and I had no problems for the entire month. It's worth noting that I had already created an online account with the company and checked it at the end of the month expecting to have a bill to pay, but it said I owed nothing.

Well I come home from work yesterday and my power is out (which seems strange because my neighbors have power) so I call the outage department and finally get a hold of a person. He checks the address and apparently there is no account connected to the apartment. He claims that the work order never went through on their end to get it turned on in my name. It was supposed to happen the 23rd, but never did for some reason. Then he tells me that the earliest he can make that happen is tommorow, and because there isn't an account linked to the address, he can't issue an outage report to get the power back on tonight. Basically I'm just screwed for now, nothing they can do.

I was also texting my realtor/landlord while I was on the phone with the power company, and she seemed very surprised by the situation. According to her, the previous tenant had the power turned off when they moved out, so the fact that I even had power this past month means it had to be turned back on by the power company. But apparently they just turned it on without actually connecting it to an account and when that nonexistent account didn't pay at the end of the month, they shut off the power.

Needless to say I'm pretty annoyed about the whole thing, and most of my food in my fridge will need to be replaced. Is there anything I can do to try and get some reimbursement?

Edit: forgot to mention this is in central Mississippi.

Answer:
 IANAL, but I do work for a regulated public utility.  I don't know if you have legal recourse, but I would guess that you do have regulatory recourse.

First, escalate a complaint with the power company.  Demand an explanation and a refund of your costs associated with the event.  Focus on the fact that their mistake caused your loss.

If they refuse to work with you, file a complaint with the state agency that regulates your power company.  (Usually that's the State Corporation Commission or the State Utility Commission or something like that.)  Emphasize that you incurred a financial loss and were without power overnight because the power company seemingly failed to follow their own procedures.  Definitely include that you reported the problem immediately but were forced to wait overnight without power because the company didn't feel like turning the power back on immediately.

I expect you will be contacted and offered what you are asking for (or at least statement credit equal to your loss) after the regulator gets in touch with the power company.  Answer #2: How did most of your food go bad in less than 24 hours?  I lose power one a year due to storms and my food never goes bad.  Are you just assuming all the food is bad now?


Title: [BC, Canada] Police came to my door and threatened $2000 fine over noise complaint

Question: Last Friday I had people over and around 1am the police knocked on my door and to my surprise said that there was a complaint from a neighbor. This has never happened before and they said that next time they come it will be a $2000 fine and that it only gets worse from there. We had music on however I live in a concrete building and it really wasn’t that loud, only had 6 people over. We have a concierge at my building and were never given a warning from anyone. Regardless I got a knock on the door and there was 3 police officers at my apartment (which I own in case that makes a difference). Basically wondering what the laws are for this,  can they charge me $2000 just because one of my neighbors feels bothered?

Answer:
 If you were in violation of the noise law in your city, and the fine for being in violation of that noise law is $2,000, then yes, you can be fined $2,000 for unreasonably disturbing one of your neighbors.

Might depend on which municipality you're in.Answer #2: When the police show up they will also be witnesses to the noise violation. It isn't just the neighbors say so. If they show up and all is quiet they may inquire but are unlikely to issue a citation.


Title: [TX] Family member passed away, want to ask social media platform to close his account

Question:
[removed]
Topic:
Removed

Answer:
 Facebook "memorializes" accounts when the person dies. If you want it removed you have to have a death certificate. [More.](http://www.nbcwashington.com/news/local/How-to-Delete-a-Deceased-Loved-Ones-Facebook-Page-211885391.html)Answer #2: Similar case here...  FB instructions within...

Sorry for your loss :(

http://www.nbcwashington.com/news/local/How-to-Delete-a-Deceased-Loved-Ones-Facebook-Page-211885391.html


Title: I (20F) live with my dad (61) in NW Wisconsin, considering going for legal guardianship of niece (11). What can i expect to face here?

Question:
My niece has told me some upsetting things about her father, who has sole custody of her. First, he drinks everyday and gets drunk, although she says it's worse on the weekends. Second (and she only told me this), he has put his hand around her throat a few times when he was angry with her. She was terrified.

He's called her a psycho for having anger issues (gee, i wonder where she got that from). This little girl is 11 years old. Her mother (my sister) is a complete deadbeat, mentally unstable, and is not financially fit in any way to take her in. My niece told me today that she's sad all the time, and I make her happy so she wants to come live with me.

Questions.

If I apply for legal guardianship, which county would I have to go through? She lives in Barron County and I live in Polk County, so I'm not sure what would happen with that or how that would work out. I tried looking up some laws but all I found was that Polk County lets the state handle their custody cases.

Do I have any chance in hell of getting her away from her dad? My home is stable, we are comfortably middle class, we all love her dearly and are close to the public schools. I just want her safe. What are the steps I can take to ensure this?

Any advice would really help me out here, thank you all.

Answer:
 You generally can't just apply for legal guardianship.  Unless the parents are willing to give it to you, you would need to make a complaint to CPS.  If they find the conduct worthy of removal, you could make yourself available as a temporary foster parent.  You would have to be approved, which, at age 20, is not a slam-dunk.  Your father would also have to agree to this and go through the process.  The parents would still have the opportunity to get the kid returned if they clean up their act, do ordered services, and convince CPS it's safe for her to return.

Be aware that if you try the CPS route and fail, the father can legally cut you off completely from your niece.


Title: [WA] Stepdaughter in living situation that is making us uncomfortable.

Question:
This will be short because I just wrote a very long, detailed post that disappeared before I could post it.

I have a 6-year old stepdaughter who is currently living with her mother's ex-boyfriend. We just recently found out that they split up and that her mother has been living an hour away for a while (at least a month, most likely longer). Her mother is 23; her ex is 39, a felon, and cannot legally drive. They split up because he slept with her 16- or 17-year old sister (not sure of the exact timeline to pinpoint her age). My stepdaughter is currently living 2 hours away in a broken down RV with the ex.

On top of that, my stepdaughter has started to believe that the ex is her real dad. He calls her "my daughter" and she calls him "my dad." She calls my husband "Daddy Husband'sname." I asked her mother if we could have her here for Father's Day weekend, and she said that her ex wanted to spend time with her.

Until they moved 2 years ago, she and my husband split custody 50/50. Since they moved, we have her one weekend a month. There is no court order, as everyone has always been able to agree on things without outside help.

We were *horrified* to learn all of this and are trying to find out what we can do. There is so much more, but I had it all typed out and accidentally backed out of the post. We have considered calling CPS to do a wellness check, but I am unsure how all of that works and if they will even care as long as she's being fed, going to school, etc. We are scared for my stepdaughter and just want her to be in a place that is stable and safe, regardless of who can provide that for her.
Topic:
CPS and Dependency Law

Answer: If there is no court order detailing who has custody and when, she’s your husbands daughter and he can take her whenever he likes. Go get her and if this other asshole tries to say no, he has no legal ground to stand on. Call the police and explain the situation and see if they’ll standby with you when you pick her up.


Title: [North Carolina] I am salaried plus commission. My employer is adding "minimum wage subsidy" one check and removing it on the next?

Question:
My understanding was that commission is not treated as "base" salary and cannot be taken into account for minimum wage?

I have a base salary every week and monthly I received a commission check. If you take the hours I put in during a week and divide into my base salary, it comes out to being less than minimum wage per hour. So my company adds enough money to my salary to make that per hour rate equal minimum wage under a line that says "Minimum Wage Subsidy"

However, when I get my monthly commission check, there is a line that says "Minimum Wage Subsidy Payback" in which they take all the extra pay from the previous month's checks and then deduct it from my commission.

Check to check, its not a whole lot, but over the course of a year it adds up and I'm just now seeing it on my Year To Date column.

If I do the math, then yes, over the entire year, my total salary divided by my hours worked comes out to more than minimum wage overall.

It still rubs me the wrong way that they would go through the effort of doing that on my salary checks at all if they are just going to deduct it on my monthly commission? It seems like a total waste of time to do this unless there is a legal reason for doing this? If so, is it legal to then take that Subsidy back?

Answer: What you're describing is a "draw." Basically they're drawing on your future commissions to pay your (legally required) minimum wage during times your commission doesn't cover it.