Title: Reckless driving??

Question:
Hi all,

I’m in Va and just got pulled over going 21 over. Yes I’m aware that is considered reckless, so what should I do to mitigate the outcomes?

My background: I haven’t been pulled over for speeding in almost three years, and the one time before I was 18. I do have speed trap cameras on my record though within the past year. I am a young driver under the age of 25.

Any advice would be greatly appreciated!! Thanks!!

Answer: VA is very serious about its traffic infractions and has some of the most severe penalties in the country. Reckless driving in VA is a class 1 misdemeanor, a criminal offense. You need a traffic attorney pronto.


Question:
So my fiancé and his mom signed a notarized document allowing her to act his sons parent while he and his ex figured out how to work out custody arrangements and visitation. His ex has been in and out of their sons life and hasn’t been around for over 2 months now. So they came to an agreement that until she can provide for him, has a job and a stable living environment, she will not be coming around at all. He and I are about to move into our new 2 bedroom apartment and we want to take him with us. We have childcare while we work so we are prepared for him. His mother said we can’t legally take him because of the notarized document which has never been filed in court. What legal rights does my fiancé have because we don’t feel comfortable with him living under the same roof as my future brother in law and his new girlfriend who his parents allowed to move in when his brother has only been dating her for 3 weeks. They also allow him to keep guns when he isn’t mentally fit to be able to possess guns due to several mental deficits. He also smokes marijuana illegally as he doesn’t have a medical reason to smoke it and we don’t want the baby around it. We feel it would be safer for his son to live with us in our apartment. She has gone as far as saying if we try to take his son she will involve the law.

Is there any way to overthrow a notarized document?

Answer: The only thing notarizing a document does is prove that the people purported to have signed it, actually did. It creates no legal authority. A notary is just a witness. Answer #2: You don't need to "overthrow" it.  It's not binding.  A notary public does not have the authority to make custody decisions.  Only the courts do.


Title: Three vehicle accident, other two insurance companies are blaming each other, I get nothing. Should I sue?

Question:
[deleted]
Topic:
Traffic and Parking

Answer:
 For that amount I would sue. Get documentation of the value and sue them both and let the judge sort it out.

Note you sue the drivers, not the insurance companies, because they, not the insurance companies, injured you.


Title: [USA][CT] Can a parental DNA test be forced on a minor who doesn't consent?

Question:
A 17 year old friend of mine was adopted and a woman claiming to be his mother has appeared in his life and is attempting to force a DNA test. He does not want to  know his biological parents even if she really is his real mother. He is very happy as is and has been for many years.

Even though he is a minor do he or his parents have a right to deny the test if he does not concent. Or can he be compelled becausw he is still a minor?

Thanks!

Answer: His (current) legal parents almost certainly do, short of a court order. I don't think he could refuse the procedure if his parents wanted it, but that doesn't mean some random woman can force it (without a court order).Answer #2: The 17 y/o was adopted. Even if it were their biological parents they have no authority over themAnswer #3: A stranger can't compel a minor to do anything, and unless there were some really strange circumstances (like the baby was stolen) no court would order such a thing.


Title: Job Termination letter to employee (Gas Station)

Answer:
 >Dear [Employee],

>Through this letter I want to inform you about your termination from the position of assistant manager at [Store name]

You don't need anything after this.


Title: (NY) I quit my job, now they aren't honoring my final paycheck.

Question: Title says it. I waited tables at a pub in Brooklyn and (wholly beside the point, legally, I think) quietly endured a comical amount of abuse. After I secured more stable employment, I finished a shift and texted my manager informing her that the physical accoutrements of my profession had been returned to their proper places and I would not be returning to the restaurant. I never heard back from them; however, the restaurant neglected to fulfill my final paycheck. I emailed my manager, she told me to email the owner. I fulfilled that request, but as of yet am yet to hear back. I quit the job, but they owed me hourly and tips for about 20 hours of labor. In the state of New York, am I legally entitled to my wages, even if I quit without notice?

Answer:
 >In the state of New York, am I legally entitled to my wages, even if I quit without notice?

Of course.  You're entitled to wages (and tips) for all hours worked, no matter how the employment ended.  It is illegal to withhold or dock pay because the employer doesn't like the manner in which you quit.

This is the flip-side to at-will employment that people frequently overlook: you, the employee, can up and quit at any time, with any amount of notice (including zero notice), for any reason under the sun, and without any kind of penalty.

You can file a [wage claim](https://www.labor.ny.gov/workerprotection/laborstandards/workprot/collwage.shtm) if you don't get your final paycheck.


Title: Dad tried to kill himself, current wife is threatening to send him to jail for discharge of a firearm (Ca)

Question:
Long story short my dad had a huge nervous breakdown and attempted suicide. He did not harm himself but he fired a gun off in his bedroom when no one was home. When I found out later that day my sister and I took him to the ER where he spent the next 10 days in a mental hospital. During his visit I removed most of the guns and the police took the other ones.

My dad is worried his current wife is going to have him thrown in prison for negligent discharge of a firearm and endangering a minor. My 14 year old step brother was living in the house at the time but was at school. Nobody was home when the gun went off and she claims my dad has left the gun safe unlocked a few times in the past.

My dad is now on a few different medications used for treating mental disorders.

He wants to split from her but she is holding this against my dad so he does not.

Is she blackmailing my dad?
Did my dad commit any crime?
Since it was a suicide attempt does it carry a different punishment?

Answer:
 Threatening to go to the police unless somebody does something that you want can be extortion and certainly seems to apply here. About all she can do is file a police report. Your Dad should probably meet with a criminal defense attorney who can review all the facts to predict if there is any exposure.  Answer #2: Your dad was mentally ill when he tried to kill himself with the gun (I assume). No one was home. He received mental treatment following the incident. You and the police tool away his guns. Your father wants to leave his wife which would take your step-bro out of any potential unsafe situations.

Even if your step-monster were to make a complaint that your father negligently fired his gun, that no one was home, guns are gone etc. would make for a very good defense. Even a half decent criminal attorney could take care of that as an appetizer while serving the blackmail to the divorce attorney.

Your dad should leave if that is what he wants. I'm sure whatever divorce attorney he finds has the numbers of a few good criminal defense lawyers if it gets that far. In the meantime make sure your dad's mental health is taken care of.


Title: Did I commit mail fraud? How much trouble am I in? (Tennessee)

Question: [deleted]

Answer:
 Yes, that is mail fraud. Yes, it is criminal. If the police come calling, don't talk to them. Tell your parents exactly what you did, and stop doing it.Answer #2: Since you used a credit/debit card you can prove you paid for the item. However, just tell your parents you’re ordering things or just get a PO box.Answer #3: Is saving the money it would cost you to get a PO Box at the postal office worth the possibility of jail?

I think you did not understand the serious legal consequences of doing what you did.

Now that you do, stop doing it. Since you could be criminally charged, do not talk about this to anyone (other than your parents, but impress on them the importance of getting a lawyer before talking to anyone else) and if the police calls, DO NOT answer questions without legal counsel.

Even if you think you cannot afford a lawyer, find a way to pay for one. The costs of NOT being represented are huge and can follow you for the rest of your life - do you realize how many careers are closed to people with a criminal record?

And google "Don't talk to the police" - it is a very educational video.


Title: (MA) University Denied Payment for Past Due Balance, Has Been Holding Degree for 5 Years

Question:
Hello!

I finished a degree program in Liberal Arts from a large college in Missouri back in 2012.

This was a *huge* accomplishment because back in 2009, my dad cut off my support. I dropped out of school and started working waiting tables, took night classes, finished an Associates at the local community college, and re-enrolled at the large university in 2010. I worked nights and went to school during the day to finish.

When I walked across that stage, I had done it all on my own. Great feeling, right?

Well, in my last semester, I was almost kicked out for non-payment. A financial aid officer had Mercy on my soul, and removed the hold on my account so I could graduate. I completed all my coursework, but my degree was never actually awarded. This is important for the actual question, which I'm getting to I swear y'all.

Anyway, I did a year of AmeriCorps service, and came away with a Segal Award for $5730. The balance I owe my university was originally $7500, but due to finance charges is $11k. However, they're willing to accept $9k and release my degree.

I was accepted into a Master's program to continue my work in Youth Education, but they wouldn't let me begin without my official transcript. People in my community fundraised for me, and I was able to get the remaining amount. Then the university refused to accept my AmeriCorps award, stating that it can not be used on a previous balance.

I have contacted the National Service hotline twice, and both times supervisors have stated that since my degree was never actually awarded, and the university would require me to re-enroll before awarding my degree, the balance would count as current. Additionally, the balance stays current as it accrues the finance charge every month.

At this point, I know I need to retain an attorney and just have them reach an agreement this way. I'm planning to seek out low cost legal services here in the Greater Boston area, hopefully via Harvard Law when their clinics start back up.

I'm curious what sort of letter needs to be drafted. What's reasonable to ask them to do? I want them to accept the award, and allow me to go on a payment plan for the remainder, and *hopefully* reduce the finance charges a little closer to the original balance. (I spent the gifted money on living expenses; I have a new baby and didn't have much of a choice since I couldn't begin my Master's program and use loan money from that for living expenses. Not ideal, I know, but I'm desperate.)

It should be noted that, in a last ditch effort, I sent the Provost a letter about 3 months ago, but never got a response back. The Provost makes like $375k a year, I doubt she could even begin to understand what I'm dealing with or cared at all.

**tl:dr University won't accept payment via an AmeriCorps award, won't release transcript, how do I negotiate with them?**

Answer:
 From the AmeriCorps website:

> Current educational expenses are expenses that were incurred **after** you became an AmeriCorps member. Educational expenses that pre-date your AmeriCorps service are not considered “current”.  For example, **you cannot use the award to repay a school an old debt, such as an outstanding tuition bill**, that you incurred before you entered AmeriCorps.

Emphasis added.

>I have contacted the National Service hotline twice, and both times supervisors have stated that since my degree was never actually awarded, and the university would require me to re-enroll before awarding my degree, the balance would count as current

Most universities will not allow you re-enroll with a past due debt, even if this were true, which I am skeptical of.

> Additionally, the balance stays current as it accrues the finance charge every month.

This doesn't sound right. This sounds like you're trying to count the tuition debt as a student loan under the AmeriCorps terms, but it clearly is not (since it's not debt backed by the federal government under Title IV).

> The Provost makes like $375k a year, I doubt she could even begin to understand what I'm dealing with or cared at all.

People earn positions like this. Uncalled for personal attack. You have a valid debt that you've refused to pay, you should pay it.

You haven't been able to come up with $7-11k in over 5 years? This might be a post better suited for /r/personalfinance.


Title: Where can I ask questions about law whose scenarios would probably never arise but are nonetheless interesting to ponder the affects of?

Answer:
 If we agree that they're interesting, here is fine. If we think the question is stupid, you might get a better response at /r/law or /r/jurisprudence.

E: I checked your history. We'll think they're stupid.


Title: Landlord asking to move my motorcycle

Question:
I live in Illinois. I'm not very good at articulating my thoughts but here it goes. If you have questions please ask.

So, about 2 weeks ago my landlord asked me to move my motorcycle so he can plow snow which is reasonable. I told him that I will move it when I can. Well I haven't moved it and he called me today and he told me you need to move it, people can't see when they are backing out, so i asked him what if I have a crew cab truck with an 8 ft bed  and he said now your not being reasonable. He said well let me say this your not going to be riding in this damn cold weather (in a mad voice) and I said well I do ride it and that is one of my modes of transportation. well anyway it ended with well I'm the owner and I make the damn rules, so you need to move it fast. The rules/lease don't state that I cannot have a motorcycle and a compact car in one spot. I just want to know does this constitute as harassment? Would I would be able to move out legally or should I listen to his demands? What should I do?

Answer:
 You haven't found time in 2 weeks to move it? That's not "when I can" but rather "I'm lazy".  It's no wonder your ll is mad. He's trying to deal with the snow and you won't move your damn bike.

Are you in a parking spot?  If not then it's likely your landlord can tell you that you can't store it anywhere, since your lease doesn't give you the right to turn anywhere outside your apartment into storage.


Title: Neighbor trying to catch theif by boobytrapping yard

Question: [deleted]

Answer: He sounds like a Vietcong wannabe.  Call the cops, and let them deal with him.


Title: TX- Air Bnb host is insisting I broke the lease agreement by letting a dog inside the house when there never was a dog in the house

Question: [deleted]

Answer:
 You've got an uphill battle.  A dog showed up to the house.  They can likely prove that.  So now it's your word of "We swear he never came inside" against the neighbors or whoever saw the dog, and whatever testing is done.  You're probably paying for a cleaning.

Also, there's no such thing as a hypoallergenic dog.  I say that as both a dog owner and person with allergies.  Certain breeds secrete fewer or a lower volume of dander which makes them less likely to trigger someone's allergies, but someone with a severe allergy will have problems no matter what.


Title: NO choice on overtime? Non eexempt employee

Question:
Okay, been employed by same company for around 12 years. Last year after some promotion, have been told to expect constant overtime. I know there's usually ot during our busy season, but constanty working 45-55 hour weeks.

 I have been told in writing that this is because I am the only single childless person in my department, and "We have to respect the family rights of people." Also of note, due to some nasty circumstances, most of my immediate family has passed away, work is aware of this. Hence "Family rights" statement.

I am a non exempt employee in an at will state. (Might be wrong term, can be fired for any reason, except discrimination.) Do I have any choice or recourse or is it walk away? I have not had my job specifically threatened.

Answer: There is nothing that prevents your employer from giving you OT shifts.  As long as they're paying out at the correct OT rate, it's completely fine.  Your only real option is to quit.


Title: Mulling hiring an attorney

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer: An HOA having the right to enforce rules does not necessarily mean they have a *duty* to enforce them.  Unless your agreement and CCRs grant you a specific entitlement to demand enforcement, you may not have one.


Title: "Boyfriend" has whole other life including 7 week old baby. Leaving him. Custody advice.

Question:
We have a 2 year old daughter and four dogs. I am moving back to Florida from Texas. He knows and has told me to go back to Florida, knowing I am taking our daughter.  All the dogs stuff is in my name  so I'm not so worried about his claim to them, but definitely to my daughter and the possibility of parental kidnapping.

I, along with the other woman he was with, confronted him this evening. He flipped out. Left. He came back after I was using his computer. He turned the lights off at the main, then when we all went outside (me, other woman, his mom) he went in with us following, ripped the power cord/surge protector out of the back of his computer shoved it into my hands. The lights were still out, so I told all of us women (and babies-my 2 year old, and the other woman's 7 week old) to get out of the house and into light in case he tried to get handsy. He stormed into the back of the house, then came outside and held our small handgun in my face, though not pointing at me, and said "if you aren't out before I get back, I'm going to shoot your dogs." We called the cops, though his mom begged me not to. They took my statement and gave me a case number and left. The woman officer basically told me there wasn't much they'd do, even though I felt unsafe. (My ex is the child of a now retired, but heavily respected Gang Unit police officer of 40 years and once the officers heard that, that's where they stopped seeming to want to help.)

My mom is flying in tonight, and I am going to be staying in an undisclosed location. We are packing up and trying to be out tomorrow.

Other details, he has me on his insurance as his spouse, along with his at work spouse discount. The bills at our house are mostly in my name, only the internet and hulu is in his. We have a joint bank account, which I am dissolving tomorrow. (We are poor with no savings.) We claimed Texas common law marriage for the insurance, though he was married legally in Florida up until this January. So I think that's null?

Just looking for some legal advice on custody and the parental kidnapping bit. I don't want to keep her from him, but I also don't want her spending full summers with him as I have seen him treat his older children badly.
Topic:
Custody Divorce and Family

Answer:
 Follow up with the police in the morning and ask if they're taking any action. Your husband brandished a firearm at you in a domestic dispute. The police absolutely can do something about that, and speaking to another officer may help tip things. If you feel that the officers in your area are not handling this appropriately, try the state police, as well.

You will have to speak to a family law attorney, as you may be implicated in bigamy for carrying on a common-law marriage with him while he was married. It may or may not void your marriage, but as you have assets to sort out and kids together, that's also not your sole concern here.

I think it would be prudent to speak to a domestic violence counsellor to help reset your sense of normalcy. Someone just waved a gun at you and threatened to kill your dog because he was mad. You would be well within your rights and displaying completely reasonable judgement to seek to limit his visitation, _at least_ until he completes anger management counselling or gives up his guns.Answer #2: Without any custody order any parent can take their child anywhere. Now it’s possible he will file for some form of custody and that will be filed in Texas, but as of today you can move wherever you want.Answer #3: If you claimed to be married in Texas, you're married. It doesn't just go away when it's not convenient anymore.

You need to speak to a family law attorney before you move.


Title: [NC] What's the legality of open-carrying an unloaded 65-year-old non-working revolver as part of a Halloween costume?

Question: [deleted]

Answer: North Carolina doesn't require a permit to open carry, however, you can be barred entry to any place that doesn't want people carrying guns there whether the gun works or not. If you live in Chapel Hill you can't open carry a pistol with a barrel shorter than six inches. ~~And, personally, I'd recommend you put an orange tip on it to cover your ass, but that's up to you.~~ Edit: that part was wrong, don't do that.


Title: Maine- How will an inheritance of approximately $20k affect government/state health benefits?

Question:
My friend's mom is on regular social security because she aged out of disability benefits, although she is legally considered disabled. Her father passed away recently and she expects to inherit around $20k from the estate. She is concerned that the inheritance will affect her state health benefits. She has Medicare, Mainecare (medicaid) and prescription coverage as well as the regular social security.

She wants to know what to expect and if she might lose these benefits.

Answer:
 Well with the inheritance she'll be able to afford to pay for it herself and won't need welfare anymore. In the eyes of the law they see she has money to afford it. Answer #2: She will have to spend it down. There may be info on allowable expenditures. She can't just give it away.

My ex-mother-in-law lost her benefits  until it was spent. She was able to prepay for her funeral, bought a recliner with a lift and some large ticket items.  The details are fuzzy but googling spend down might help.Answer #3: $8000 will kick her over the asset limit for Medicaid in Maine. She needs to have a Special Needs Trust set up. Talk to a lawyer


Title: Laws on Handgun Ownership NH

Question: So, I'll start by saying I am from New Hampshire (USA), and I am 18 years old. I have been doing some research, and it seems like the only law regarding 21 years old and handguns in New Hampshire is that licensed dealers can not sell to 21, but besides that it seems like I can own a handgun gifted to me and obtain a concealed carry permit as well. If I were to be able to get a handgun, it would likely be one of my parents purchasing it for me with my money then giving it to me. What is the legality of this? Would there be a potential for punishment legally speaking for me or my parents? And if anyone is wondering why I could possibly want a handgun at 18, I want to start to collect guns and one of the next I want to get is a 1911. Thanks.

Answer:
 The restriction to 21 years is a federal law (The Gun Control act of 1968), but of course it applies to NH transactions.

You can own handguns under 21, but you cannot buy one. Since the proposed transaction violates federal laws on straw purchasing, I would recommend you stick to buying long guns until you are 21. Time flies fast, and until you get to 21 you can still borrow and use your family's handguns.

You do not need a license to carry concealed in NH (not anymore).

And seriously - the transaction you suggested can easily end with your parent going to federal jail. Do not try it at all, please. Just stick to owning long guns until 21.

Here is a case of a person going to jail for buying a handgun for a family member that was legally allowed to buy and own it.

https://www.johntfloyd.com/feds-prosecute-straw-purchasers-of-guns/

The conviction was upheld by the Supreme court:

http://www.roanoke.com/news/politics/supreme-court-rules-on-straw-purchaser-gun-law/article_ca46c6ba-f560-11e3-9746-001a4bcf6878.html


Title: CO- Renter trying to leave dangerous situation

Question:
I live in CO and in May signed a 6mo lease in a new town with someone already living in the apt, that I found on Craigslist.  It turns out the individual I am living with is a small time drug dealer.  I already found a new place to live and am trying (unsuccessfully as of yet) to rent my room.  The other day my roommate left several assault rifles laying around the living room.  I am not comfortable with the situation, sent a picture to the landlord and told her I am moving out ASAP regardless of having someone to take over my room.

Received no response to that but did get a text today from her reminding me that I still owe rent until I find someone else.

1- she does have a security deposit, 1.5x monthly rent.
2- I don't think she has a signed copy of the lease addendum adding my name for 6 months.

What are my rights here?  Do I have any?

I can't afford 2 rents but I am not spending another night in my current apt.  I've already moved most of my things out and am getting the rest tonight.  How in the world am I supposed to rent my room when he leaves guns like that laying around?

Help, please.

Answer:
 Your argument would be that by allowing the illegal behavior (including possession of illegal weapons and drug dealing), your landlord has engaged in constructive eviction.  I don't know how successful that argument would be, but I suspect a judge would be sympathetic given that the landlord knows of the illegal activities.

Another option is to file an order of protection for domestic violence, if you have been threatened by your roommate, and seek to terminate the lease that way.  I believe you have to pay 1 month rent to the landlord to terminate the lease this way.

Finally, you can call the police and report your roommate's illegal activities.  Given that he has weapons and illegal drugs in the apartment, I expect the police would be interested in ending your roommate's ability to live in the apartment for the next 10-20 years.


Title: I think someone recognized me stealing

Question:
I'm in Marseille, France. I stole a necklace from a shop a week ago. It was a rather cheap necklace that no one wanted. It was on sale and all. It wasn't like diamond. I've already sold it, so it's not like I have it anymore. I'm probably just being paranoid, but as I left the shop, I saw a guy talking to the shop owner and gesturing at me. I didn't really think anything of it.

I passed by the shop today, and the shop owner was outside. He looked at me and started yelling something in French and walking toward me but I didn't understand what he was saying, so I kept walking then ran.

Do you think he knows that I took the necklace? I highly doubt he even noticed the necklace missing. Im sure he didn't see me stealing, but the guy who was gesturing at me might have and might have told him. I'm not an EU citizen, so I don't think they could really do anything, right? I hear the French are pretty lenient anyway.

Answer:
 The bad news is that now the French police can use your statement you made here against you.Answer #2: What is the question?  Are you asking us how you can get away with the crime?

Here's step #1.  STOP STEALING.

You're not going to do any of the steps after that so I won't waste my time, so just stop stealing.

....and as someone whose wife owns a jewelry store,  I hope he recognized you and I hope he called the police and they followed you home and now they're just waiting to get a warrant to come arrest you.Answer #3: You are in France and subject to all French laws. I am going to guess stealing is illegal and punishable in France.

Stop justifying the fact that you are screwing other people over by stealing.


Title: Bike hit my dads car, now we're getting sued

Question: My dad was at an intersection behind a few cars at a red light. We live in NYC. So the light turns green and the cars in front start moving forward. As any driver would my dad goes as well. Well we're just about to pass the light. (keep in mind the light had just turned green) and a bicycler comes out of nowhere from across the street and hits my dads front bumper. she falls and broke her leg. She ended up going to the hospital and my dads insurance bill has never been higher. Now fast forward a  few months later and my parents said that we're getting sued. What should we do?

Answer:
 You leave it to your auto liability insurer.  Defending you in court against claims on the policy is one of the things you pay them for.

If there is liability to your dad, the insurer has an obligation to attempt to settle within the policy limits.

But a broken leg with a hospital visit is going to eat up the $25K minimum coverage required by the state of NY, pretty fast.

I live in California, and won't get behind the wheel with less than $250K in bodily injury coverage.Answer #2: Call the insurance company. They should provide an attorney. Assuming your dad chose a reasonably high coverage amount, y'all very likely won't pay any out of pocket even if he is at fault and she has substantial damages.

If he chose lower limits or her damages are extremely high, it is possible they will come after his assets/income in excess of what insurance will cover if she can demonstrate fault.Answer #3: Contact your insurance company. They will likely give you an attorney.


Title: Did my doctors office violate HIPAA?

Question: Back in April/May I had gone to a doctor for a shoulder injury. Filled out all the new paperwork since I hadnt been there in 10 years and the doctor who I had seen then (as a minor) no longer worked at this office. My paperwork did not have any of my parents as emergency contacts or anything, my husband was put down as my emergency contact. I'm now 25 years old and on my own insurance plan. Fast forward to almost 3 months after my visit and my father got something in the mail from the doctors office addressed to him, but inside of it was my medical bill for my visit to them. Now I could be wrong, but doesnt that violate HIPAA ? I never got anything from them addressed to me directly, and they told me they had sent 2 bill notices prior to the one I had finally recieved and both were also addressed to my father. I'm not looking to sue them, but I am upset about this seeing as my bill was almost sent to collections because of their own incompetence and their office seems to be blowing it off. Thanks in advance !

Answer:
 Because you are not on your parents' plan, the practice should not send anything to your parents' house. You should inform the practice that they should not send anything to that address.

This likely was a (very minor) HIPAA breach. However, you have no remedy against the practice. All you can do is inform the practice and report to HHS if you want to.


Title: Solar Panel Advice

Question:
First off I'm not really sure if this is the right place for this or not, so I apologize in advance. Please direct me to the correct sub if I  I am wrong.

We live in New York. Our neighbor is looking into getting solar panels and the company they are using is looking to cut down our tree, they want to uproot it completely. They want to get rid of our tree and their other neighbors tree. It won't cost us a thing... except the tree.

We don't want to be THOSE neighbors or get into tensions with our neighbors but the tree has been there since we moved in, well before they bought their house. The tree is the only one in our backyard and it's just a nice part of our property.

We called them back yesterday to let them know our decision of not cutting down the entire tree just what they think would be an issue, but the company insists that the entire tree MUST come down. If they do just part of the tree more than half of it would be gone and it won't look great, which makes us want to do it even less.

My question is what are the laws for this in NYS? Do we HAVE to allow them to take down our tree? I've tried to look into it but I mostly get laws for California and past incidents there. I've kept an eye of their roof and the sun to see if it's really true that our tree would be a problem. So far it doesn't seem like it would be. It's 6 AM and they have sunlight hitting their roof or as much as can shine on it given the time of day. I'll continue to keep an eye on where the sun is, I doubt the company looked into if it really was necessary to cut down our tree.

Thank you in advance for the advice. Sorry about my grammar and sorry if we sound like tree huggers but it's been here for years.

Edit: added things.

Answer: No, you do not have to let someone else destroy your property if you don't want to.  Only you can decide whether you want to be those neighbors or help them out at your own detriment.  This could be an opportunity to negotiate a payment from your neighbors.  I personally would tell your neighbors to pound sand.


Title: My husband drained our accounts and wants to kick the kids and I out of the house in a week.

Question:
HI- they told me in r/relationships that this is illegal, and that you guys would have advice. We're in Ohio. I need a divorce lawyer. On Wednesday, I bought him a fucking Christmas present. On Thursday, I found out he gave me a STI. On Friday, he admitted he's been cheating. Yesterday, he drained our accounts. He says I need to be out of the house by Christmas Eve.

We have four kids, 8, 6,5 and 2. I haven't worked since the oldest was born. Our relationship has been bad since before my youngest daughter was born- we hadn't meant to get pregnant. This week, I tested positive for an STI. I investigated, confronted him and he admitted it. We had a huge fight, he stormed out of the house.
Yesterday, my credit card was declined at the grocery store, and I couldn't get cash. He has EMPTIED all of our accounts. I was in charge of the bills and finances; I know exactly how much was in our checking, savings and money market account. He's changed his password for his 401(k). He didn't respond to my frantic texts all day, but just sent me an email saying I had a week to get myself and "my kids" out of "his house", and I had better get a job or go "back to my parents" if I expect to feed them.
We bought the house together, before the kids were born and I paid half of the down payment. I have no money or credit cards, so I can't even get a lawyer. I am sitting here staring at a Christmas tree, crying and wondering if I'll have to return my children's presents for food. I have no idea how this happened. I live two hours away from my family, so even if I got a job, I'd have to pay for day care. Should I sell my wedding and engagement rings? Do I make a resume and apply for a job in my old field (accounting) or just get a job at Starbucks or McDonald's? Can he do this?

tl;dr: I'm a SAHM and my husband has taken all of my money and is going to kick us out of the house. I am simply in shock.

Answer:
 This is a very unlikely scenario, but I'd like to toss in a message of caution regardless: it may be wise to limit his alone time with your children completely, or at least as much as possible. There have been a number of cases recently of parents killing their children to spite the other parent, and given the level of spite he's already demonstrated, I wouldn't rule anything out.

Given, it's thankfully an extremely rare outcome, and it's most likely just me being paranoid, but I urge preemptive caution all the same. There's no reason to let it be a possibility, and his mental health doesn't sound especially stable.Answer #2: Hey, I posted in the other thread that I will do your resume for free. I'm also located in Ohio (26 female) and if I can be of any additional assistance please let me know.Answer #3: There's a special circle of hell reserved for a man like that.Answer #4: Don't engage! If he calls and texts, don't reply and just document it. Screenshot everything. Save copies.

If he asks about the kids (which he most likely won't), keep your answers short, neutral and to the point. If he talks about anything else, ignore.

Also ask for a copy of your medical records stating you contracted an STI. Once you have a lawyer, give him all the documentation that you have.

So sorry you're going through this OP. He's a douche canoe and you and your kids are better off without him. Have you spoken to your kids? Do they ask about their dad?


Title: The DMV wants me to go back and give them more money

Question:
So this past weekend I went and registered my new vehicle.  I had to get plates, register it, and transfer the title to Missouri (bought the car out of state).  I just got a call saying I need to go back in because they recorded the title price as the price after the rebates on the car (~$5000 less than sticker price), rather than the sticker price.  The agent who assisted me at the DMV is the one who called and he admitted he made the mistake.  It's not like I tried to hide something.  I don't particularly want to go deal with the DMV again nor do I want to give them more money.  Will I have issues (and what might they be) if I don't go back and pay the difference?  Thanks for any help or advice

Edit: I already gave them about $2,500 in fees

The DMV does not sound like someone I want to fuck with. I think I'll just pay up before they find a way to ruin my life

Answer:
 > Will I have issues (and what might they be) if I don't go back and pay the difference?

Yes. Your car won't be registered/titled in your state. Because you didn't pay the fees.


Title: Basically want to become a different person?

Question:
I'm underage currently. I have awful parents, they're neglectful and intrusive and make my life hell. As soon as I graduate I'm searching for a college in another state (have possible plans with a close friend in new hampshire) and getting the fuck out of there for my own sake. I want to change my name (partially because i hate my name and also because its unique enough they could easily find me in a facebook search or something like that), I've already decided on a new one and everything, but i dont entirely understand the process of changing it and have a lot of questions.

Do the fees vary from state to state? Is changing your last name a different process from your first name? What are all of the documents I'll need to update once i change it? I plan on doing a lengthy amount more research but any and all info, tips, or advice, especially from anyone else who's done a big name change like this, is very much appreciated.

Answer:
 In general, you cannot change your name until you are 18, without the authorization of a parent or guardian.

Also, name changes are virtually always public record, so people cannot use the process for fraudulent purposes.   Sometimes they are done under seal for the protection of a person, but you would need a much higher degree of evidence than "my parents are awful".

The best resource for name changes that I've read comes from the [National Center for Transgender Equality](https://transequality.org/documents).   They have readable, detailed, practical guides for each state on how to get a court order to change your name.  While they are focused on the details that affect trans folks (like how some states require specific medical information to change a gender marker) their information is usable by anyone.

You'll probably find that in our big world having a new name isn't as important as having independent means of support and education, but if you really dream of finally not being Emil W. Ligonschaffter III anymore, the folks at NCTE have got your guidance.


Title: Hello legaladvice, I need your help.

Question:
[deleted]
Topic:
School Related Issues

Answer:
 Whoa whoa whoa. You need some backstory here.

State police officers aren't going to come to your house to tell you you're not allowed at school because of this, nor will you have been suspended and possibly looking at expulsion if there wasn't some credible threat or some key piece of information the authorities acted on. What was it *exactly* that you said or did that you think may have led to this? And don't say nothing, because obviously something had to have happened.

Getting a lawyer to be at that hearing is a good idea; just remember, it isn't a court of law, so typical ROEs and procedures aren't going to apply.Answer #2: You mean can you go to school you got kicked out because they think you're going be the cause of a school shooting. No, you'll likely be arrested on the spot.

Get a lawyer do what the lawyer says do.


Title: Friend backed into me going 3MPH, cause $1200+ worth of damage, is he still at fault?

Question: Excuse the poor wording in the title, so this all start last summer. I was parked behind my friend in his driveway and he didn't realize it, so he backed up going only about 3MPH and hit me. I got a body shop quote and it was $497 to fix my bumper, well the damage didn't look that bad at all, the grill pushed back and he cracked my bumper and that's all I thought. I told him not to worry about it because there's no point in paying $500 for slight visual damage. Fast forward to this past July, While traveling from Ohio to South Carolina my A/C stopped working, the compressor didn't turn on and I didn't know what was wrong. I also didn't have money to get it fixed so I went almost all summer without A/C. Now today I finally went and got my car looked at and this is where it gets interesting. The mechanic told me that it looks like when my friend backed into me last year the grill got pushed back and punctured the condenser which slowly leaked out over the past year, I didn't notice obviously because I didn't use my A/C at all during the fall/winter/spring until around May, the refrigerant lasted until this summer when I was using it constantly. If you don't know the oil in vehicle air compressors are mixed with the refrigerant to oil the compressor. Because all the refrigerant leaked out, my compressor locked up. The shop quoted me $1200 to fix the compressor but they said the condenser is going to need replaced as well which they did not give me a quote for, so the actual total will most likely be above $1500 in repairs. Is my friend still at fault because he hit me even though I told him not to worry about the front bumper damage?

Answer: OP- If you're very confident the additional/undetected damage is a result of the same accident, then yes, your friend is still responsible for it. That being said, enough time has passed that if he refuses to cover the cost for the repair, their may not be much you can do.


Title: Quit My Job For a Job That Disapeared

Question:
I live in Texas. The company in question is headquartered in Georgia.

I was working a job overseas, and a company I had worked with before contacted me. The position they wanted me for was much higher paying and had better benefits.

I accepted an offer that was contingent on the company being awarded the contract.

A couple of months later, I received an email that they got the contract and I was good to go to give notice to the company I was working for.

Something happened to the new contract and it looks like it may never happen. They haven't explained the problem to me, but they are paying me the base wage instead of the overseas wage. That means I'm losing about $4000/month, and it's less than I was making in the old job.

This has been going on for about 3 months.

Is the new company obligated to pay me the entire amount stated in the offer letter for the overseas position?

If I were working overseas, there are also tax benefits. Returning to the U.S. and not returning overseas, has also guaranteed I'll lose thousands in taxes. Are they responsible for that as well?

Answer:
 > Is the new company obligated to pay me the entire amount stated in the offer letter for the overseas position?

Did you sign a contract that outlines this salary? If not, then no, they don't need to honor a number listed in an offer letter.


Title: Need advice on friends divorce proceedings

Answer: OP of the year candidate.


Title: [CA] Law student. Uncle wants to pay me to look at a few contracts and get my opinion. Any possibly ethical/legal issues for me if I include a standard "this does not constitute legal advice, if you want legal advice, seek out a lawyer?"

Question:
Pretty much he wants to pay me to look at some of his business contracts to fix any language issues and any clauses that should be added. Possibly compliance with state and federal laws possibly?

The money is nice, but my summer internship is paying me as well, so I just want to make sure I'm protected from any liability or ethical issues with the bar if I give him a disclaimer that my opinions are only for informational purposes and do not constitute legal advice? Anything else I should include in that disclaimer?

Thanks.

Answer:
 Well isn't this a weird one. You are asking attorneys, if you a law student, may engage in the practice of law, without a license.

Lets just say no before the ABA raiders burn this sub to the ground. Answer #2: You should say, "I'm sorry, but I'm not a lawyer yet, and I'm not allowed to do this.  More importantly, I just don't know enough yet, and I'm afraid I'd lead you astray.  Can I help you find an attorney instead?"


Title: Served with subpoena for computer and phone.

Question: My friends father is involved in a civil case, and the plaintiffs lawyers subpoena'd her for her computer and phone. Mind you she has no involvement or knowledge of anything to do with this case. It's purely a dick move to fuck with her dad. Is she legally required to turn over her personal property? How can they force her to do this? Thanks! dallas Tx

Answer:
 >  Is she legally required to turn over her personal property?

Yes

> How can they force her to do this?

The subpoena

There may be some way to challenge or quash it.  Her father should ask his attorney.


Title: Bank error in my favor, what am I expected to do?

Question:
In Canada(NS). Sorry for the length I just don't want to miss any possible important details.

I had been struggling for a while to pay off a high interest credit card, so I decided to apply for either a personal line of credit or consolidation loan. The bank I had the card with that I was trying to pay off denied me(it's a subsidiary bank anyway). I knew my credit wasn't so bad I couldn't get something, so I went to a second bank which I already had my car loan through, but no other accounts. Due to previous credit card that to my knowledge, was paid off but apparently a fee went through I didn't know about and missed some payments, they couldn't offer me a loan or line of credit at the time, but they were able to get me a credit card through them with less than half the interest rate I was paying, so even with the cash advance fees it made sense to more or less just move my debt to them.

I had been dealing with one of the second banks financial advisors to go through this process so when my credit card came it went to them and got it set up there. I still had to activate the card over the phone and the woman on the phone assured me the card was activated and after repeatedly refusing the balance protection (she was being very unprofessional about it) she told me I was good to go, so the advisor I was with went ahead and put through the cash advance from my new card to my old one. Being that I was in the bank and assumed they knew what they were doing I didn't think much more of it and just had to wait the 4-5 business days for processing before canceling the old card (edit: they gave me a printout showing the confirmed payment, however I am a bit scatterbrained and lost it).

Seeing as I was trying to pay down debt, I wasn't planning on otherwise using the new card, however I went to send an application for school yesterday which required a fee paid online by credit, so I tried my new card and it came up declined. Worried because I definitely didn't use all of it to put on the other card, I called the bank customer service where they told me that the card had never been activated and that because of this the cash advance to the other card never went through and was declined. After activating the card over the phone I asked them to re submit the advance, as they told me it never went through. As soon as I got off the phone I checked the balance online for my old card only to find that they had processed (not just pending) a payment from the second bank 5 days prior, I even called them to verify this and they 100% assured me that the payment did go through on their end and almost sounded frustrated that I kept asking them to confirm this.

Now terrified that now 2 large payments were going to come from my new card I called the second bank again and they also 100% assured me that there is absolutely no way that a payment went through previously, it was definitely declined and the only thing pending was the cash advance I'd authorized when I called earlier. I was at this point completely bamboozled by this and ended the call. I then realized that just in case I should have cancelled the cash advance I'd just asked for so I called back and was transfered to customer service supervisor who cancelled that payment and again assured me there is no way any money from my account went through to the first bank.

So now somehow I have a payment that went through on my old card and been told there is no way it came from my new card. I assume this is some sort of bank error, and I feel I've done my due diligence by confirming repeatedly with both banks, but is there anything more I should do? Are they going to take that money back? Though I know highly unlikely, is this misplaced money they won't even notice? I obviously don't want to spend it, but is their a point where it's too late for them to correct it and just have to absorb the loss in my favor? This whole thing is just confusing the life out of me.

Answer:
 Tl;dr: OP pays off old card with cash advance from new card.  Is later told that new card is not activated.  Old card says the advance went through, new card says that it hasn't.Answer #2: There is no free money. Someone or something will notice the error. When that happens, be prepared to settle up properly. As in, don't spend money that isn't yours.Answer #3: They always come looking eventually.   Some excel file will have a red cell one day, and some bean counter will put on Mozart and track it down.

This will likely happen on the day before your wedding, a house closing, or loss of employment.

Sort it out.


Title: Ran a red light on a bike in NYC, got a ticket even though I just have a PA state ID (not a drivers license) - what should I do?

Question: [deleted]

Answer:
 Good for the NYPD. I'm so glad they ticketed your red-light-running ass. I cannot tell you how many times I've witnessed asshole bike-riders running red lights nearly causing serious accidents and they keep riding obliviously. I'd love it if the cops in my hometown would start ticketing them as well. Answer #2: > Cops were sitting in an unmarked car at a T-intersection, literally the safest red I could have ever run.

Um no.

> What should I do? Should I plead not guilty? Not respond at all?

Well, you certainly shouldn't ignore it.

> What are my chances of winning?

That depends. Did you not actually run the red light?


Title: Might be leaving my parents house rather quickly soon, do I have a right to my things? (Clothes, books, etc.) [Texas]

Question: Like the title says.

Answer: How old are you? Are they kicking you out?


Title: There is someone(i know who) that is constantly, almost weekly hacking into my private messages

Question:
i everyone
Kinda been lurking on Reddit without posting, but now i feel like i need your help. Sorry for any bad English.
So I'm gonna explain this as briefly and best that i can.

\[Short history\]
I have been friends with someone, this girl that has been a thorn in my sight for over 7 years, she is not the brightest(as you will see) and she is very self centered. If it were up to me I would have gotten rid of her years ago, the only reason i haven't is she is still my best friends gf. In the past i have been very verbal against her, even in front of her, hating her for emotionally hurting everyone around me(my friends/my gf who was her bff that she would use constantly). This later on stopped for a few years, but after last years summer a few people finally saw what sh\*t of a human being she really is. This kinda triggered me to make a few jokes with some of them and eventually it turned into an inside meme. All these friends and my gf kinda drifted away from her and so she though of a wonderful idea.

\[The Hacking\]

It turns out us not giving her any attention ''forced her hand'' to start hacking all of our private messages on messenger and Instagram with the help of her bf who somehow knows how to do these kind of things. Well we all were kinda at awe when we first heard this from one of our mutual friends. She apparently considered herself a brainiac for doing this and in her true fashion had to brag about it to someone. We thought nothing of it, thinking she doesn't have the brain capacity to do so until this moron fell into a argument with us and literally posted a video of screenshots she has made of us ''trash talking'' her. So yeah, we have literal proof of her hacking our FB and Insta messages. The b\*tch is currently away for work in the States this summer and is still hacking our messages(i can literally see notifications of her iPhone 8 logging in). The fact that she ''caught'' us (even thou i trash talked her irl) doesn't bother me one bit, the fact that she has been scrolling ALL THE WAY TO F\*CKING NOVEMBER of last year(as seen in the screenshots) in my personal messages with my gf and close friends is making my blood boil.
I want to bring her down, i want to deport her ass from the States back to Europe and give her the biggest shit eating grin in court when it all goes down.
Unfortunately i have no idea how courts work, what can and should be done, if there even is a case in all of this to begin with.
I would like to point out i live in N.Macedonia in Europe, but there must be somewhat similar laws in my country as in others.
What can I/We do? We have the proof, we have it all. I laugh my ass of to this degeneracy everyday, but right after it makes my blood boil.

Thanks to anyone willing to look into this and give any advice

Answer:
 You are speaking nonsense. There's 0 chance anyone is getting deported over logging into your IG account.

They didn't "hack" a billion dollar company. They phished or you told them your password.

You can change your password on social media and that's it.


Title: My sister’s husband has died and one of their children isn’t hers biologically. The biological mom is looking to take her back, who hasn’t been in her life for 8 years.

Question:
So my sister’s husband has always held the adoption of his eldest daughter over my sister’s head. They have 2 children together and 1 from his prior relationship. The children eldest (K, age 10, non biological) second child (biological age 9) youngest (biological age 3). The problem is since he died the biological mother of K is looking at taking her back. Now she had lost full custody of her daughter do to drugs and money issues, abusiveness and overall not being a good mother. My sister has been K’s mother for 8 years, she calls her mom, and told her bio mom that she wants to stay with my sister.

My sister is dealing with all the fallout of the death of her husband, and I’m just looking at what angle she can take to try and prove that K wants to live with my sister. I know legally the bio mom seems to have rights to her daughter, but she’s lost custody for a legit reason, and only recently was able to start seeing her daughter again. The last thing this family needs right now is to be broken up.

She is talking with a lawyer in a few days about this, just was curious if there was anything specific I can help with or give to my sister. Written statements, or photos of them all together. I know that K is old enough to make decisions and idk if the court/judge will take that into consideration.

Topic:
Juvenile and Youth Law

Answer:
 This is full on attorney territory.  There's nothing that we can say here that will be better advice than the advice your sister's attorney will give.  The best advice I can give YOU is to be there for your sister emotionally (it's about to get rough) and if possible/necessary financially (it's about to get expensive), and follow the advice of her attorney to a T.  Do not get involved in this battle in ANY way without consulting with her attorney first, and remember that this includes social media/internet posts.  You're going to want to vent about this, and that's natural, but you will want to vent only to very trusted individuals while this matter is ongoing.  You can let your sister know you would be willing to provide anything you can to help with the case, but there may or may not be anything you can do to help.  Again, listening to her attorney is your best bet on whether there is anything you can provide to help the case.

I am sorry for your family's loss.


Title: Can I sue McDonalds

Question: So recently the McDonalds Monopoly game was exposed as a scam. My family played it semi intensely for a few years back in the 90's. Do we have standing to sue them over this?

Answer:
 FYI that news article linked was from 2003, so it's been known for over a decade now.  The scam first occurred in 1989 and the scammer testified it went on from 1995-2001.

So onto the question.  This kind of thing is generally settled over a class action law suit, because your actual damages are damn small.  According to [this](http://www.insidecounsel.com/2005/06/01/canadian-courts-derail-mcdonalds-monopoly-settlement) article there was already a class action lawsuit that happened in 2003.  A settlement was reached where McDonalds would run $25 million of fair contests.

And in case you're curious [this](http://www.marketwired.com/press-release/class-action-settlement-approved-against-mcdonalds-restaurants-canada-limited-mcdonalds-777602.htm) is follow up of more that happened in Canada.

So yeah, sounds like you're about 14 years too late.


Title: About to get married -- need advice on potential prenup (New York)

Question:
My fiance and I are getting married within the next year. I'm seeking legal advice on the following situation. In the past four years, I earned a good salary and purchased a house and commercial space for my parents. The ownership and mortgages are in my name only. While I am very confident in my relationship with my fiance, I want to protect my parents in the unlikely case of a divorce. My question is should I get a prenup? If so, what is the most legally effective approach? What is the most cost effective approach? My fiance has already agreed to this request.

Any advice helps. Thanks :)

Answer: Yes you should get a prenup.  What you purchased before the marriage is considered separate property, but you can create issues later on if you pay the mortgage with funds that are marital property.  They beset way to avoid confusion is to have a lawyer draft a prenup.  Your fiance should also take it to her lawyer before signing it.


Title: Do I need to call my car insurance company if I already told the other insurance about the accident? It wasn't my fault

Question:
I live in California
I had a car accident that was not my fault. I didn't report it to my insurance, I just told the other insurance company. Do I need to call my insurance and tell them?

Answer:
 If you want your insurance to fight for you to get what you are owed, sure.

If you want to do all the leg work with the other insurance company then do it yourself.

What do you pay your insurance company for if not to deal with these things?

Assuming you have full coverage


Title: [Texas] Someone just ran a change trick on me. I've called to report it, but my cash drawer is now $20 short. As it was a scam, theft, can my employer require me to pay back that $20?

Question: I reported it right away, but the offender was already gone by that time. I've been here for years with no issue and I'm a trusted employee. Can they force me to pay it back?

Answer: I had a customer try this on me when I was a bank teller back in college. He asked for change for a $100 bill, then kept changing how he wanted to bills broken down, asking me to recount the change, recount the money he gave me, back and forth. When I tried to put the money he gave me into my till he would try and confuse me by telling me to keep it out. I just flat out told him, that's MY money now, this is your change here. My money goes in a stack on my till until you leave, yours goes on the counter. He tried it a couple more times before walking away giving me a shit eating grin "You're a fuckin' Rockafella. A mutherfuckin' Rockafella" I had to laugh because he knew he wasn't getting away with it with me. Answer #2: In Texas, [only with your prior written authorization](http://www.statutes.legis.state.tx.us/SOTWDocs/LA/htm/LA.61.htm) (see Sec. 61.018). You may have already agreed to this by signing something when you started working there.


Title: Can I sue my college for decades old curriculum?

Question: Might seem like a silly question, but figured I’d post and see what others thought. Found out from a teacher that the curriculum for my major at my college in North Carolina has not been touched in over 20 years. Is there any legal action I can take?

Answer:
 >Found out from a teacher that the curriculum for my major at my college in North Carolina has not been touched in over 20 years. Is there any legal action I can take?

What quantifiable damage will this cause you? Answer #2: Who provides your college's accreditation? It's different if it's a public or private school. They might come in and make your school administration's lives hell for a bit if they think that this is a problem. But, if it's in something like Medieval Poetry (like one of my cousins got) then it's probably not too big of an issue.


Title: Amazon trying to deny unemployement benefits

Question:
hello all first time posting here so if i do something wrong let me know.

i worked at the amazon fulfillment warehouse for two years and 3 months. on January 15 a butch lesbian with 50lb on me tried to get physical over a box. i got away from her told her if she touched me again i would knock her out. left early and used my paid time off. come back next day and my badge dosent work. i wait a few minutes and the loss prevention people come out and take me into another room. they tell me they heard i was making threats and want my side of the story. i tell them. they keep my badge and tell me to leave because im suspended and that they will call me the next day. the next, January 16, day they call me and tell me im terminated. that sucks ok. go home and drink. then i start getting text messages telling me my unpaid time is being taken after every shift. i go on the employee website and yeah im still on the schedule and everything. i call the loss prevention guy who fired me they say yeah you were terminated we'll have hr call you. that dosent happen. i call the hr or employee corporate hub and they have no record of me being termiated. so today, January 22, i get a letter telling me i've been fired for to many absences. the email specifically says my employment was terminated on January 22. (they also sent an email with some confidentiality agreement or something for me to sign. i deleted it) now heres the thing if your terminated for absences they can write it off as voluntary quit. so i guess the advice im looking for is anything really because as far as i know if you quit you cant get unemployment benefits so what do i do next?

P.S. before anyone starts flaming me i am an open and proud gay man so her orientation didnt matter at all to me only her deciding to get physical

Answer: Have you actually applied for unemployment yet?


Title: How do I legally travel across the country with my guns?

Question:
I have several rifles, shotguns, and a revolver that I want to bring in the back of my pickup from New Jersey to my new home in California. I've investigated shipping the guns via a dealer, but the fees are so high they advised me to drive them across myself. I'll be leaving in a couple weeks and passing through 11 states. The guns are legal to own in all 50 states, but each state I'll be traveling through has different laws concerning licensing and storage in a motor vehicle.

It's my understanding that the McClure-Volkmer Act of 1986 gives travelers a “safe passage” through restricted states if guns are unloaded and cased, or locked up, and kept inaccessible with the ammunition stored separately. But I know in some states, this literally means "passing through." If I stayed in a Pennsylvania hotel or even stopped to see a tourist attraction there, I'd need a PA issued "license" to keep the guns in my vehicle and would be breaking the law without it.

My brother says I can avoid all of this if I dismantle the guns to make them inoperable (e.g. if I remove the trigger mechanisms and keep them somewhere else in the car). Then I'd just be transporting gun "parts" for which I need no license. But I'm not sure he's right. I've heard some real horror stories (Augustine Kim in Washington D.C., for example), and I don't want that to happen to me.

I have a new job starting after I graduate this year, and my offer would be immediately rescinded if any gun related misdemeanor or felony turned up in my background check. I can't afford to take ANY risk at this point, so how do I make sure transporting the guns in my truck is 100% legal. There are so many laws in each state, and I can't make sense of them all.

Answer:
 ~~If you have absolutely zero tolerance for risk, how about mailing them all to a Federal FFL in CA?~~ (edit: Apparently I can't even read the second sentence of the OP).

And if you're heading to CA, make sure none of the magazines have more than 10 rounds too.

Realistically, unloaded in a locked case in the trunk; with you following all traffic laws make it extremely unlikely anything will come of it. Also, a FL CCP is one of the most widely reciprocated ones; and is available to non-residents. Answer #2: Can't you just mail them to yourself in California? The [ATF Faq](https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download) (question 6) seems to say you can. (This is NOT legal advice, just a question).

> 6 May I lawfully ship a firearm to myself in a different State?

>Any person may ship a firearm to himself or herself in the care of another person in the State where
he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out-of-
State resident. Upon reaching its destination, persons other than
the owner must not open the package or take possession of the firearm.


Title: Fired For Taking My Unpaid Lunch?

Question:
I was recently fired from a job because as my boss put it "I was playing video games" I worked as a receptionist, and on my unpaid lunch I would go to the upstairs break-room for my 30 minutes and play my Nintendo Switch sometimes. I used to sit at my desk at lunch, but I wouldn't end up getting a lunch because people would come in and my boss would make me help them. Most of the week I maybe got a 10-15 minute lunch daily and I worked full time.  I was never able to fully finish my lunch, so I started to go upstairs away from the customers.

My boss was upset because I was "unavailable" during my 30 minutes and "we really needed the business." My boss even took the liberty of telling me that right before he hired me, office staff used to never actually get lunch. He would make office staff eat at our desks and still work. If we wanted to eat we had no choice but to bring our food, he wouldn't let us leave to get food .

He also mentioned he wanted me gone because I was looking for work elsewhere. I never searched for other work or went to interviews while I was working, only on my days off.

I applied for unemployment, and even they agreed I was wrongfully fired and they changed my file status to separation of job and put it in writing that I was wrongfully let go. Is there any way I might be able to take this to the Department of Labor?  My biggest issue is, I have absolutely nothing to prove this. No paperwork, voice recordings, anything. Just his word and whatever he told the unemployment agency.

Thankfully I've found an awesome new job, but I would like to know if there is something to be done about what happened at my old work place.

Answer:
 Contact Washington state labor board. They’d love to hear that employees are not getting lunch breaks, or being forced to work unpaid  during their lunch breaks. They’ll be ecstatic to hear that you are also not getting paid for all time worked, which creeps into overtime violations too.

Although it helps to have proof, you don’t necessarily need to prove anything. They will investigate and interview other employees.


Title: Roomate disappeared a month ago and 'police' just showed up looking for him - Washington State

Question:
This is in Washington State.

I rent out a room in my house to a roommate. About a month ago was the last time I have seen him. The 1st of the month came and went with no signs of him showing up or paying rent. Today I left the house and came back to my neighbor telling me that some 'officers' were pounding on my door, he came out to see what the ruckus was all about and they said they were looking for the roommate that has disappeared. They had badges on their hips, unarmed, and were driving an unmarked car. He has left the room a disaster, some personal items, along with some items of value.

 I called the local police and sheriffs office and they had no clue about it. They both said they weren't out looking for him. If these 'officers' show back up what do I do?

Also what do I do with the stuff of an abandoned room?

Thank you for your help!!

Answer:
 if it wasn't cops, sounds like bail bondsmen.

re: the abandoned property, you're probably required to keep it 'reasonably' secure for a 'reasonable' amount of time. box it up and put it in the corner and try to contact him to come pick it up. Answer #2: Don't worry about that until it happens. If they say they have a warrant to search the premises, let them in after they show the warrant. If your roommate is on the lease, you just continue paying the rent and attempt to sue him for the amount he owes you in rent. That's probably going to be hard to do considering he's in the wind, though. If he's subletting from you, follow the standard procedure for eviction in your state based up on they type of agreement you two have.


Title: Was prescribed a medication for roughly 6 years. It ruined my life. Do I have any recourse?

Question:
When I was a child I was diagnosed with tourrete's syndrome. I bounced around from medication to medication for that and eventually got it sorted out, apparently it tends to go away around the teens. However right after that I was experiencing bad anxiety and some depression. We tried ssri's, non Ssri's, lots of different meds but finally settled on a long lasting benzo. I started with a fairly low dose.

I was kept on this medication for years. Dosage increased. Throughout most of my major developmental years. This medication brought upon horrible effects I am still only starting to notice until this day. My memory is absolutely ruined. I can't remember anything from the past 5 years or so. I have the short term memory of a Sim. I had several relationships both personal and professional ruined from how I acted. The doctor never I once tried to get me off it or reduce dose. And he was aware that I was doing fine and not getting panic attacks anymore.

He was a pediatric psychologist so recently he told me I had to switch doctors. When I did, the new doctor said nobody prescribed this medication and I wound not be able to find someone who would. Then he seriously apologized for this. He said he "apologizes on behalf of the medical community."

I has to quit the medication cold turkey. I was bedridden for a week. And recluse for two weeks. Every day is a struggle. My emotions are very out of tune. I real uneasy, unhealthy, and I shake constantly. And most importantly I feel like years of my life were stolen from me. I feel like i was drowning for years and I finally breached the water. I feel like a blindfold was lifted off me.

I just want to know if I have any possible recourse here or if it's not even worry exploring. I don't have a lot of money so this is my first thing im exploring.

Thanks for your time.

Answer:
 NAL, I would suggest looking into the specific medication and see if a class action lawsuit was ever raised against its use. It's possible you could be eligible for some sort of damages if the drug itself was bad.Answer #2: Medical Malpractice is extremely fact specific. You will need to consult with multiple Malpractice/Personal Injury attorneys. They will look at the details and provide you with guidance, and will usually do the initial consult free and take the case based on a portion of any final settlement that is reached.
It is entirely possible that you have a case, and it's also possible you do not have a case, but Reddit is not going to be able to say either way.Answer #3: While I cannot provide any type of legal advice... I want to share with you a bit of hope regardless of if you are able to find recourse here. You were able to do something that many, many people are unable to do... get off a debilitating drug. I too was taking a benzo for many, many years (however it was not prescribed). I've been off for some time now, and the memory gets better. At least for me it did. What was once a blackout period of my life where I didn't remember almost anything, turned to more of a "brownout". Memories pop up still to this day. And my short term memory has gotten much better with the help of therapy and permanent abstinence from benzos. I wish you luck in your search for recourse but mostly I wish you health and happiness. Good luck!


Title: Lab never sent a bill, now a collection agency is trying to collect 3x.

Question:
My wife had surgery last year.  As a part of her surgery, we obviously had tons of bills and paid them all.

Fast forward to this year, and we get a letter from a collection agency saying we owe a ton of money for a service that we don't know she had to a Dr. we've never heard of.

I contact my insurance company and they investigate.  Turns out this Dr. is the guy that works in the lab at the hospital, that insurance paid him $x and that my co pay is $y.

So now I've got a collection agency trying to collect 3x the amount insurance says I owed this Dr who never even sent me a bill in the first place.

What are my options?  The Dr. never sent us a bill, he just sat on it for a year and turned it over to a collection agency.  I have no problem paying what insurance says I owe, but I'm not going to pay 3x because he was too lazy to try to collect his pay on his own.  This reeks of some sort of scam.

Answer:
 You have 30 days to dispute the debt. Send a letter via registered mail stating you are disputing the amount of the debt and request verification. Answer #2: My mom used to work at a collection agency and she said people there would say anything to get paid cause they get a percentage. (She did office work and hated the business practice of it) but I’m pretty sure you can stand your ground with them and say you’ll pay x amount and they might take that offer.

Edited to add: oh and they may threaten you with some sort of legal action but I don’t think there’s much they can do. Basically they purchased the outstanding bill from the doctor and they get the money back by harassing you. It’s a great system 🙄


Title: My friend Allegedly Charged

Question:
One night in the state of Virginia, My friend went drinking with his girl and they were having a good time up until someone burned his face by accident and stormed off, the whole bar was quiet, He just through a beer bottle.
Manager calls the cops while He's storming off.
He drove off but came  back. Wasn't even a minute.
But the manager saw it.
Cops come in later detained and gave him a sobriety test and breathalyzer.
He blew a 1.65
Later arrested him and took him

They "charged" him with a 1st class misdemeanor and spent 6 hours in a cell to sober up.

Anyway He can beat it?

Another small detail, he admitted to driving.
He's also a vet. Only 24 years old.
Topic:
DUI

Answer: Why do you keep putting charge in scare quotes? Not trying to be an ass, just wondering if there is some kind of question as to whether he was charged?Answer #2: He needs a criminal defense attorney specializing in DUI.


Title: Can he still make a claim?

Question:
My friend crashed his Ford Explorer into our apartment building nobody was hurt and the car hardly got into the other apartment complexes. However he does not have a drivers license the accident occurred on private property (The apartment parking lot). He called his mother to report the incident to find out shes did not want her rates to go up and his family kicked his vehicle off the insurance. He was not on the insurance but his vehicle was at the time of the accident could he still call and file a claim even though his vehicle is no longer on the insurance?
Topic:
Other Civil Matters

Answer: Car insurance policies don't usually cover unlicensed drivers.


Title: [Accra, Ghana/USA] I want to go home.

Question:
To start this off, yes I am the person who has posted 2 other times in this sub about being stuck in Africa, but I need more help. Back in December, my step-dad paid for a round-trip ticket for me to come to Africa to visit my family for a month. When I got there, they informed me that I would be getting kicked out of the place I was staying at (a trailer that my grandparents were letting me stay in). They offered for me to stay for 90 days and see where I am at then, stay until the end of the school year (He is a principal at a private school) or stay indefinitely. They told me that they would cover things while I was here. They also told me that I was not to talk to anyone from back home while I was here. (He would later tell me that these two statements were contingent on each other and that they were part of a 'deal' that he would pay for my things while I was gone, only if I did what he asked.) Of course I was not going to do this as I have friends and a girlfriend back home, so I was going to talk to them as there was no one else to socialise with besides family for the duration of my stay. They later found out that I was still texting people from back home and they took away my phone. I continued to message them on my computer. As the end of the monthly visit came to a close, they kept pleading with me and pleading with me to stay, telling me how I had changed and become a terrible person since I have been living away from them. I originally did not want to stay at all, but they pleaded over and over so I opted to stay for 90 days.

At the end of the 90 days is drawing to a close, my dad began saying things about how he would need to approve of my plan before going back home. He had never mentioned anything about this before, he had only mentioned wanting to make sure that I wasn't going to be homeless. (which is understandable) My dad asked me what my plan was going to be. I told him that I wanted to go back and that I planned to stay with a friend that he knew and approved of. I did in fact lie to him, because I intended to stay with another friend that he did not approve of and I knew that he would not let me go back if I told him this. He told me that he wished to speak with my friend 1's mother so I created a fake email account pretending to be her and emailed him. Dad eventually called the place where she worked at and found that she knew nothing about me moving in with them. When he confronted me about it, he told me that he would no longer be supporting me and that I would have to pay for my own plane ticket home. (The ticket he moved would need him to verify his credit card at the counter since the name on the ticket was different than the name that paid for it, and he would refuse to do so) When I argued the fact, he then added that I would have to pay him back for everything that he paid for while I was here because I broke his 'deal' that he mentioned earlier. I have no money in my account, so now I am stuck in Africa with a monthly car payment, monthly car insurance, visa renewal (I am currently an illegal alien in the country of Ghana because he said they would handle getting it renewed, but it never happened), and a plane ticket home to pay for. He knows I only have 20 american dollars in my bank account right now and I have little-no way to make money here in Ghana. He says that if I find a way to get home without paying back the money that I 'stole' from him, then he will press criminal charges against me and send me to jail. Also, all of my possessions are still in the trailer that my grandparents on his side own. What can I do?

Thank you for reading and I am glad to answer any questions you may have.

**tl;dr** Stuck in another country with an expired visa, no money and no way home. If I somehow find a way home, I will have criminal charges pressed against be by my step-dad. What can I do?

Topic:
Douche

Answer:
 What citizenship do you hold? American?

Go to the embassy of the country where you have citizenship. Someone suggested that in your last post. It is honestly the only way you'll get help. That is the magic answer. Call them and they will walk you through the process.  They do this sort of thing often.

You have an expired visa.
I imagine you are required to leave their country (but I don't know the laws for Ghana).

Edit: as for criminal charges against your step father, you can contact a lawyer when you get home and see what options you have. Contact the embassy first. Focus on the getting the expired visa thing dealt with first.


Title: Can i legally sue my school district for their un-trademarked name?

Question:
 The following was locked from regular r/legaladvice :

Hello, I am a freshman in highschool who is interested in becoming a lawyer someday. I am from the United States, more specifically, New York. I came up with this idea to sue my school district for their untrademarked name "Half Hollow Hills CSD"(central school district). I want to trademark "Half Hollow Hills CSD" With the CSD standing for computer services and designs. Then, I would like to tell them to cease and desist or settle with me, unless they were interested in a lawsuit against them. I am aware that they have common law rights to the name, but I was wondering if I could get around this common law trademark, because I was first to file. Also, I was wondering if there would be grounds to sue them if they ever open a new school, because that would be them invading on my jurisdiction. Finally I was wondering if

1. My lawsuit would be thrown out as frivolous Or
2. Even if I wouldn't win the lawsuit, do you think they would rather settle then go to court? People may wonder why any of this is necessary. The answer is because I think it would be interesting. If anyone else can think of ways to legally get to my school district in other ways, I am open to options. Thanks.

Answer:
 Yeah your lawsuit would be thrown out and no they would not settle.

The only relevant legal issue here is whether or not they could expel you for this.


Title: Girlfriend's car got towed at Starbucks, need your advices (downtown Denver, CO)

Question: Hi, my gf's car was recently towed at Starbucks.  She was there initially but walked to her school which is nearby for about 15 minutes.  When she got back, she got a noticed that her car was towed and would need to pay ~$270 fee to retrieve it.  What would be the best course of actions in order to minimize the penalty in our case.  Thank you very much.

Answer: Go and pick up the car immediately to minimize storage fees.Answer #2: Get the car out. Stop parking in business parking lots when you are not using the lots (when you leave, you are no longer a patron and have no right to stay in the lot)


Title: Legality of taking an escort out on a movie date

Question: Would it be legal to pay an escort to go see a movie with me?  I plan on paying her standard hourly rate to go see a movie with me.

Answer:
 It’s legal to pay someone to go to the movies.

It’s not legal to pay someone to go to the movies to guise the fact that she will also have sex with you afterwards. Answer #2: If you offer to pay a prostitute for a date, a reasonable finder of fact may conclude that you were intending to pay for sex. So while it is not illegal to pay someone to simply go to the movies with you, you still run the risk of being convicted of prostitution. Answer #3: Just post on bumble in the looking for friends portion. State you want to see x movie. Each pay your own way. Easy.


Title: Can I use a shortening of my long last name on job applications?

Question:
I have a very long and ethnic sounding last name (to get an idea, it’s a Malagasy name). My mom (and i) are worried about discrimination in my future, as I live in America. Is it legal to apply for jobs and things with a shortening of my last name that sounds pretty white (it’s an average last name that I’ve heard a few times, first 4 letters of my real last name) ? Or would it look like I’m trying to hide a shady past or something (which I’m not). What about grad school?

Ps: on a lot of forms and stuff my full name doesn’t fit into the boxes and I have to cut it off after 15 or so letters. So since that’s not my real name either, would it make a difference if I cut it off after 4 letters instead?

Answer: No, you not being truthful on an application may disqualify you for the job.


Title: Does Cards Against Humanity have a case to shut down my Kickstarter?

Question:
Hello I’m in the process of making a government  based Cards Against Humanity type game and I plan on launching it on Kickstarter later this month. There are tons of unofficial CAH type games on the market and I wanted to make sure there would be no issue with mine even though so many others exist, so I picked a name that was not similar to their product at all, picked a different font and designed a package that looks nothing like Cards Against Humanity. All of my cards also only focus on one topic, government. This game was meant as more a parody of the current American political system than CAH. Yesterday Cards Against Humanity sent me an email stating they were uncomfortable with the design of my game as they feel it doesn’t respect their copyright laws they have on CAH. My question is do they really have a case? I am in no way saying my game has anything to do with CAH, I picked a unique name and changed the font to different my cards and there are already about 15 unofficial expansions I can google in about 5 minutes. Would they really be able to shut my Kickstarter down?
Email they sent me link:http://imgur.com/gallery/M3rZMwy

My website with my cards link: https://peoplevspolitics.com/

Location: I'm located in the USA, specifically Orange County, California.

Answer:
 Well, you're clearly ripping off C**A**H. You even admit it on your own website.Answer #2: Yes, they would be able to shut your Kickstarter down.  Trivially.  They also probably have a trademark claim against you.

So work with them, because they're nice folk and don't want to shut you down.

Change your color scheme, your fonts, and your name.  And get your permissions in order.  Answer #3: Wow, that was a nicely worded letter they sent you.


Title: Can't handle this being treated like trash by my coworker.

Question:
I'd like to first apologize for my terrible formatting and any other mistakes.

I got a really nice job at a jewelry store two months ago. I went from working in fast food to having a pretty professional job.
Now, I absolutely love it but my coworker who has been there for 15 years is making me miserable. We will call her C.

Since the first day I started C has been increasingly bullying me. She would push all of the office work she was supposed to do, on to me. So, I wasnt able to make any sales at all. It's been overwhelming. Anytime I come into work she always has something mean to say, the other day, i got straight to working because I had a lot of work to do. She yelled at me for being disrespectful and not saying hi to her. Now, that's not that bad but she yelled at me for EVERYTHING.

For the past few days she has been slowly cutting into my sales. I'll be looking at engagement rings with a customer and she will pretend to be doing something next to me, and then she takes over and makes me go to another customer who just needs their jewelry cleaned. Take overs are actually an important part of our job, if we feel that we aren't connecting or wont close the sale. It's better to split commission than to make nothing. But the thing is, she cuts in before I can make a connection or do anything for that matter. I can admit when I need help, but have definitely not needed it.
I nicely told her that I'll ask for her help if I needed it and that I'm fine. C did NOT like that. She told me if I wanna be like that she will never help me and will keep track of everytime I mess up and a customer doesn't buy and bring it to my bosses attention. I told her I had a sale, it was going great until she cut in. She said " haha trust me, you couldn't have gotten it." This might not seem as bad over text but shes terrible. I have PTSD from being severely bullied and the last time I got treated like this it sent me into a mental breakdown and I ended up in a mental hospital. I ended up walking out after she said this and had a full breakdown. My boss is aware of all of this and is working on doing something about it. But either way I don't know what to do in the meantime. She is breaking me and she knows it.

Anyways my main question is , if I recorded that terrible conversation without C knowing, could that actually help me since there is evidence or will I just get in trouble for recording without consent? What can I do in this situation? I'm scared that it's going to send me into a bad mental state and that I'll become suicidal. I've already been having these feelings slightly while dealing with this.
Topic:
Disability Issues

Answer:
 Other than letting your boss handle it, there's not much you can do here.  Seek some therapy and learn how to assert yourself.

Do not record conversations without consent of all parties involved; it can be a crime in California, your boss won't like it, and it won't help you.


Title: Is there any reason that lawyers tend to say "It is of my understanding" rather than stating it as a concrete facts?

Answer: Most information lawyers have is second hand and not from personal experience


Title: Punched a guy after he pushed his GF at a fire, now he's suing me (Was i in the wrong?)

Question:
I was at a bonfire recently and having some drinks.

Cliff Summary of events:

- guy and his gf start arguing and being a bit louder than the rest of us
- gf is pushing guy, slapping him, cursing him out, apparently arguing about some other guy that the gf talked to earlier in the night
- bf claims that gf was rubbing up on the guy and flirting with him, tbh he was kind of right but still
- gf is going crazy, pushing the bf, slapping him, kicking him, screaming, etc, w.e girls do when they get drunk and angry
- bf is getting more and more aggressive as this goes on, he's bumping her away with his body mass at first and then with his hands
- eventually girl throws a punch and connects with bf's jaw, bf gets mad and pushes her to the ground
- I interfere and tell him he's taking it too far, he tells me it's none of my business and that his girl is just crazy and that i need to back off
- i back off at first but it keeps going on and it's irking me because he's getting more aggressive towards a female and that's not right
- so im 3-4 beers in so i tell this guy to chill out and to not hit a woman, he tells me to "fuck off" and turns his back on me and continues to argue with his gf, so i kind of just pushed him and then flat out just decked this guy in the side of his head
- he's KO'd for about 3-6 mins, then he recovers and walks away talking about "lawsuit" "charges" etc
- i think nothing of it, then a week goes buy and i get a notice in the mail that i'm being sued by the guy.

-edit-

In State of Virginia

Answer:
 If the guy you sucker punched (you're a huge pussy, by the way) has any medical bills as a result of you attacking him, then you will very likely be paying them. If not, it's unlikely that this will go any further since it sounds like he has chosen to come after you in civil court rather than criminal. Are you aware of any police report being filed? Answer #2: GF punches BF.
BF does not punch GF.
You sucker punch BF.

You are in the wrong. Answer #3: Do you by chance wear a fedora?Answer #4: So, you intervened in an argument between a couple, in order to hit the one who was being attacked in the first place? Not to mention the fact that for some reason you thought it was a good idea to escalate things from merely a shove to straight out punching a guy in the head?

No, you're not really gonna get away with it. And you pretty much asked for it.Answer #5: IANAL, but you're an asshat.Answer #6: King hits from behind? You are a coward.


Title: Buddy was catfished by a supposed underage girl

Question: So my buddy just called me, he had been on a dating app and been talking with this girl. She was posted as 19 and going to college in a few weeks and was just looking to mess around. Things happened and nudes were sent. After a few days she wanted to meet up and he was trying to figure out the logistics. Before that happened she told him she was actually just turning 17 in a few weeks. He said the hell with this deleted the nudes and cut contact. The next day he gets a call from a supposed lawyer and the lawyer said the father was an understanding guy and just wanted to talk to my buddy and figure out what happened. He got a weird vibe asked about the law firm and got vauge answers so he said he can't verify the lawyer he won't talk to him. Me and another buddy have been looking into the supposed lawyer and the name given doesn't show up on the MN and ND lists. I called the number and got a different last name that was a lawyer. The cellphone number doesn't match the lawfirms number. We are all confused and this smells of scamming... anyone have any similar situations or advice we would greatly appreciate it.

Answer: The father's name is Scam McScammy; he specializes in scamming people. Kind of like a dentist named Dennis. Answer #2: It's a scam. It's so common, there's a [megathread](https://www.reddit.com/r/legaladvice/wiki/index#wiki_list_of_megathreads) on this sub about it: [*Underaged Nude Photos Scam Megathread*](https://www.reddit.com/r/legaladvice/comments/4xxhdg/my_friend_was_chatting_with_a_girl_online_and/).


Title: Mom is threatening to ignore terms of her mother's trust, when I mentioned that I thought that this was illegal, I was countered with weird blackmail. Trust is no contest in California.

Question:
Mom, child1, child2, and child1's child are named beneficiaries of Grandma's trust, which contains a no-contest clause.

This is a modified excerpt from a recent email conversation:

On <day> Mom wrote:
Dear child1, child2,

It was my mother's desire that when I die, the trust will follow the terms of my will. This includes (other than a few gifts to other individuals) the major portion of my estate, which is to be divided equally between you two. What you do with the money is up to you.

As for your children, if either of you predecease me, I will name your children as heirs to your share.

I hope this settles the matter.

------------------------------------------

On <day> Child1 wrote:

Hi Mom, Child2

I believe the trust is unmodifiable. I do not think that you can change the list of beneficiaries simply by altering the terms of your will.

-------------------------------------------

On <day> Child2 wrote:

Go ahead and sue mom if you disagree.

I might tell the court that you allowed your adolescent son to be raped by a woman that lived down the street from you.

---
---

The ideal situation is that Mom is removed as an executor, and child2 is removed as a beneficiary. I don't want to screw mom out of her long awaited reward for her own mother's death, but Child2 can die homeless for all I care. In fact I prefer it.

Answer:
 You have a question?

She isn't modifying the trust, she is directing how her share of he trust will be handled at time of her death.