Title: (IN) Trying to get out of lease with roommate who was causing me troubles at home and at work.

Question:
Edit: State is Indiana, since bot doesn't recognize (IN) in the title.

My situation is a bit complicated, and I'll try my best to give the necessary details in a TL:DR.

I agreed to let someone move in with me to a new house I was moving into, since he was desperate for a place to move to and I wanted a roommate for the cheaper rent. He was a coworker that had just transferred about a couple months ago.

After we signed the lease, he turns out to not be who I thought he was. He's extremely gross, and he failed to mention that someone from work (who turned out to be someone he was dating), would basically be living there. She stayed there for five days at a time and wouldnt pay rent. I got after him for it since we didn't agree on this during our "before the lease signing talk", which consisted of certain rules. Biggest rule for me was no music, which he broke numerous times. But he also said that I wouldn't even know that he was there during this talk, which is kinda the opposite of what's going on after we signed the lease, since he's the loudest talker ever, and he talks to himself constantly.

His gf stays at the place when he's not there as well. I finally had enough and told him that she can't be there when he's not there, and that I would call the cops if it happens again. They then start talking shit about me at work because certain coworkers would not talk to me anymore. He also started talking about me, to my cat, outside my bedroom door. That's when I decided that I had to get out because he was not a mentally sound person, and I felt extremely unsafe around him. I also have reason to believe that he's been peeing outside my cat's litter box, because the marks definitely don't look like marks a cat would make.

I found a new place to move to, but I am still on the lease with him. We texted on 1/5 this year about me signing a paper saying i left on my own terms and giving him the key. I told him that it doesn't work like that and I would have to sign over the lease to him and I would only do so if he gave me the deposit I put onto the property, which was $275. He only paid $75. He said he couldn't do that and to get with the landlord, even though I already knew that this issue was between us. I went to the landlord who confirmed this.

He knows that I've been trying to get out of the lease for awhile, and he obviously cannot choose sides, since it's a he said she said issue. Instead of trying to get us evicted by telling him that my roommate is breaking the lease in several ways, he said I should have him sign the lease in his name releasing me from it, and then file a civil suit against him to get my $275. He said I would have a good chance since he knows that my old roommate drove me out of my house and I actually got a job elsewhere, because I don't want to be around him. He just made me feel unsafe.

I moved out around the 27th of December last year. I haven't been at the house since then. My old roommate paid for the full months rent of January. Last i heard from him was the 5th, when he said he would sign over the lease, but he stopped replying when I said I would only do it if he paid the deposit, which I reassured him he would get once the lease is over granted he doesn't trash the place.

Yesterday, I had enough of waiting, and went to the landlord about all of this, which is when he suggested I file the civil suit case against him, which i mentioned earlier. I texted my roommate giving him a final warning and that he has 24 hours to make a choice, otherwise I would file a small claims against him to get the money.

He never responded, and I planned on going through it on Monday after I got the receipts from the leasing office showing what I paid to move in, but I want to get some legal advice first. I probably left out some important information, but I'm so stressed with everything I have to deal with right now because of this guy.

What should I do? Should I go to work on Monday and tell him to sign over the lease? Call him from the leasing office? File the small claims case against him? Or can I do nothing?  I have the text saying that he would sign over the lease. Can I do anything with that?

Answer:
 > Biggest rule for me was no music, which he broke numerous times.

Did the lease he signed say he can't play music?

> His gf stays at the place when he's not there as well. I finally had enough and told him that she can't be there when he's not there, and that I would call the cops if it happens again.

Did the lease he signed say he can't have guests over?

Assuming you're both on the same lease together, the roommate has no obligation to sign anything. You can't force him or the landlord to release you from the obligations you agreed to take on.


Title: Is it legal to use GPS to track people who have judgments against them?

Question:
This is going to be as short as I can possibly make it.

I have been offered a pretty sweet job, and I am very tempted to take it, but one aspect of the deal bothers me a little bit. I've been asked to place GPS tracking devices on the cars of people who have legal judgments against them. In other words, this company is owed a lot of money by John Doe, and John is hard to find. If I happen to locate him, I've been asked to drop a GPS tracker on his car.

The company justifies this because John has been found, by a court of law, to owe the company money, and that could include asset seizure, if they so desired. They prefer John keeps his vehicle, so he can keep working, because otherwise, how is he going to pay what he owes? So basically, they seem super reasonable and nice, and I want to help them get the money they're owed, which can only happen if they can find John when they need to find him.

They want to hire someone privately because it's less expensive, basically.

So what do you say, /r/legaladvice?

ETA: This is in Canada.

Also, I already work for this company. I'll just be moving laterally.

ETA: Thank you all for your very helpful advice. I will rely on the legal course of action, which is simply finding and quietly following these guys. I assumed the GPS would be an iffy area, but I wanted to confirm it. I appreciate your time and input.
Topic:
Other Civil Matters

Answer:
 >They want to hire someone privately because it's less expensive, basically.

No they want to hire someone independent of the business so they can throw you/them under the bus when the shit hits the fan.

This is not a good idea.
Answer #2: >They want to hire someone privately because it's less expensive, basically.

Or maybe, just maybe, they want to hire someone they can pay cash to off the books so that there's no paper trail linking this GPS back to the company.

>they seem super reasonable and nice

They seem more like they are preying on your ignorance as to how this really works. I can't think of any jurisdiction in the US where an outstanding court judgment bestows another with the right to track the person that owes the judgment by GPS.

There are many legitimate ways to collect on a judgment, and this isn't one that I've heard of.  They don't need to physically find John.  They need to find where he has bank accounts and where he works so they can serve garnishment papers.  If they want to seize assets like his car (if he even owns it), they can find registration information through the DMV or the equivalent state agency in your state.


Title: I would like to know from the attornies here if it is possible that based on the recent email release by Wikileaks the Democratic Party committed mail fraud against the people who donated to Bernie Sanders' campaign.

Answer: you'll have to explain your theory more fully. mail fraud applies ... how?


Title: Anyone ever sue a 401k company due to misinformation? (Kansas)

Question:
I have no idea if I selected the correct flair. My apologies if I did not.

I have my first real full time job with full time benefits to include a 401k. I've been working there for almost 5 years.

To date I have put in $8,000 dollars and my company has matched it.

I needed to take out a hardship withdrawal on my 401k for a number of reasons ( for instance, expenses associated with having a new born baby, moving into my first house, car problems, wife's medical issues, college tuition bill, etc)

My company has a set of rules on withdraws and loans for the 401k.

1. You have to have a qualified hardship (i.e., college tuition, uncovered medical Bill's, etc)
2. One hardship withdrawal per 12 rolling months
3. You have to of exhausted your 401k loans.
4. You have to have at least $2,000 of your own money in the 401k( so basically excluding employer match )

4 weeks ago I called the company that administers the 401k and I asked them if I could do a hardship withdrawal.  They said no.  I asked why? They said that I didnt have $2,000 of my own money in the 401k.

I asked how much more money do I need to be at $2,000.  Their response was $250 dollars.

So I decided to increase my contribution into my 401k to add 250 dollars.  So I called 3 weeks ago, and I confirmed that all I needed was $250 in my account to take a hardship withdrawal.  I explicitly asked, 'all I need is $250 of my money to initiate a withdrawal?' I asked do you see anything else that could get in my way of taking out a hardship withdrawal?

Two weeks ago I called my the 401k company again and I confirmed it again.  Each time I've called I've gotten new rep and every single rep confirmed that all I needed was $250 dollars.

Then payday, I call my payroll and ask when contributions hit our 401ks because I want to initiate a hardship withdrawal.  They said that they wire our contributions in the afternoon and should be in our accounts before end of business day (payday friday).  So I check with the 401k company at end of business and it isnt there. I once again ask a new rep if all I need is $250 dollars added to my 401k.  They once again said yes. They said my contribution would hit Saturday as that is what it has done every paycheck.  They said they wouldn't be open on Saturday but that I could initiate a hardship withdrawal on their website.

First thing Saturday morning I go on the 401k company website it says I cant take out a hardship withdrawal. So I wait til monday to call the 401k company and they say the reason why i cant take out a withdrawal is because while my account is at $2,000 a portion of that money is due to 401k loan payments and IRS guidelines dont allow you to take a withdrawal or loan out on loan payments.

I demand a supervisor and they say, due to IRS regulations there is absolutely nothing they can do.  They pull the calls I made and they admit I was misinformed. I need 500 more dollars in my acc to make up for the loan payment amounts.  They say that they have heard of exceptions being done but my company has to sign off on it.  Long story short my company says no, if we make an exception for you then we would have to make an exception for everyone. Blah blah blah.

The next thing the 401k company says is the best we can do is give you back what you contributed. Once again they just need my company to sign off on it.  My company says no.

So here's the kicker, when I called payday friday, I had the money to pay off a 401k loan (300$) and take out another loan.  I gave the 401k company so many opportunities to correct themselves. This whole thing couldve been avoided If just one of their reps would've corrected themselves.

Now, the damages at least from my ignorant perspective... my wife's tuition bill is late. I had made an arrangement to pay a portion of the bill.  As long as I stuck to the payment arrangement I could pay 200 a month til it is paid off.  Now that I missed my payment arrangement I owe the full balance of 3,000 and there is a late payment fee of 10 percent of my total balance... $300.

Next, I'm was late on my rent.  Where I live, you get an eviction notice on the 2nd of the month. If you do not pay by the 5th, you get late fees, and then they send your eviction to a lawyer.  You can stop the eviction as long as you pay your rent before your court date but you have to pay the lawyer fee of 400 dollars.

Wife's medical Bill's. Just like tuition they are on an arrangement. If you break your arrangement you owe the full balance. We owe 1,500 dollars from delivering our baby.  Also they wont see you until you pay off your balance.  My wife has post partum psychosis. The kind that you read about in the news where kids and self get hurt or worse.  So now she is missing appointments. Her health is getting worse. I am having to miss work, thus I'm running out of pay. I've used all my pto so I am not getting paid. Things are just getting worse. Everything is getting out of control. I'm missing more and more bills  because everything has gotten worse. I am basically not paying anyone I owe because things have gotten so bad that really the only thing I'm spending my money on is food, and supplies for the baby.

Late fees, disconnect fees, just keep stacking on top.

The 2,000 I was gonna take out would've prevented all of this.

What can I do to the 401k company? I feel like a victim and no one cares. Not my company, not the 401k company.

Thanks for any help.

Tldr: 401k company gave wrong information causing me to go into financial disaster and my debts and life are falling apart. Do I have any rights ?
Topic:
Tax Law

Answer: You're missing the forest for the trees. The fact that you need to take a hardship means your finances are in need of some serious help. Why are you not able to meet these expenses? A tuition bill is not unexpected. Are you living beyond your means? You have a financial problem not a legal problem.


Title: Think we just got scammed need help ASAP!!!

Question:
Okay so here's the quickest version, we got scammed 2-3 years ago with a vacation package, my parents are usually really smart about these things and they're good people and really good with money, but they got tricked. I guess it happens, I'm not asking for sympathy though. They took some of our money and didn't fulfill anything so we cancelled the card and flagged them with the bank. After that they started calling us all day, everyday and harrassed us over the phone - everytime we blocked them they'd use a different number - but I know they had no legal leg to stand on, we tried everything we threatened to lawyer up and call the police, we were even going to change our phone number to get them to stop calling. Eventually after ignoring them for a long time the calls dwindled to once a month or so and it wasn't bothersome. Just an hour ago some guy called and tricked my mom saying he was from the bank and that 'a lean' had been put on their credit card - the old one that was cancelled - and said they'd take us to court and charge us double what they'd already stolen from us - they said they'd 'reduce' it, we pay 'a fine' and then they'd never bother us again, if we gave them our new info to charge them. My mom convinced my dad to do so, because he and I thought she was talking to the bank - I wasn't privy to the conversation with the bank scammer - but this is just what I'm getting second hand. They gave mom the run around and I think they have a bunch of our info now! My mom is cancelling the card we just gave them, but I'm worried they're going to harrass us again and try to hurt us financially or something! I don't know what to do and it's hurting my parents and potentially their credit score and they may have to go to court and I just want this nightmare to be over. Sorry for the wall of text and the ramblyness and the mistakes, I just need help!

Tl;Dr: Can these guys hurt us in anyway now?

Edit: If you're wondering, I'm using a throwaway because I have real life friends that know my regular reddit account and my parents are embarrassed enough as it is and they don't need anymore embarrassment.

We live in Alberta, Canada.
Topic:
Credit Debt Bankruptcy

Answer:
 FYI, after being scammed twice your mom is now on a suckers list, so she should expect a lot more scam phone calls going forward.Answer #2: IANAL - At this point I'd move forward with a phone number change. It seems like this is the main way (or even only way) they are contacting your parents. Changing the number would solve the problem. Answer #3: There is a tremendous amount of fraud in the timeshare industry, particularly concerning resale although the pitch you received seems a little different.  The scammers essentially operate out of boiler rooms, making false promises under various guises to extract a couple thousand at a time.  They will impersonate law enforcement so I wouldn't put it past them to claim to be the bank.  It sounds like you may have been the victim of one of these scams, buy you should read more at the links below.  Google the name of the company, and I bet you will find other people making the same complaints.

https://www.consumer.ftc.gov/features/feature-0027-travel-scams
https://www.consumer.ftc.gov/blog/be-lookout-timeshare-resale-phonies


Title: My Mom’s soon to be ex-husband is trying to claim equity from the house she bought before they were married, is that even possible?

Question:
She lives in Colorado, and bought the house eight years before their marriage. Her name is on the deed and the loan. He paid the mortgage on the house for roughly seven years while they were married, but the mortgage payment was withdrawn from her bank account the entire time. Meaning he would pay her the mortgage for the month, and she would put it into her account to be withdrawn. This was how they split up the bills, he would pay mortgage, water, tv/internet and phone bills, and my mom would cover food, other utilities, and various other larger bills.

They are not divorce yet, he says he has submitted the papers to begin the process. But he also wants some of the equity money from the house since it has risen in value, and he “paid” for the mortgage for seven years. Does he have a case to actually get equity?
Topic:
Real Estate law

Answer:
 Yes, generally he'd be entitled to roughly half the increase in equity that occurred during the marriage. This is only fair. Answer #2: I checked Google for CO and found [this.](https://www.divorcesource.com/ds/colorado/colorado-property-division-4723.shtml) It looks likely that your mother will owe a 'fair' value of the rise in equity even from a property wholly owned by her. Fair however, does not mean equal. But unless its a huge amount, its usually cheaper to settle.

Your mother should in any case consult a divorce lawyer in your state as they will be able to give more specific advice.Answer #3: It is community property if there are payments made during a marriage. There is also obviously a mixing of money which would be easily proved because there would be a paper trail showing he gave money to your mother. This is a very common scenario and he is entitled to his fair share in the divorce.

If your mother completely paid off the house prior to marriage then she may potentially be able to keep 100% of the value of the home, but that clearly is not the case. Answer #4: Your mother should have a meeting with a couple/few divorcee lawyers to figure out what a reasonable/likely settlement would be.

In general, the equity gained during the marriage and the marital home is marital property.  Do note the marital property is a whole, people trade off, "you can have both cars and the boat I'll keep the house" it does not mean everything has to be sold and/or literally split.


Title: Unpaid On Call time - NY

Question:
I work for a tech company in New York State. I am a waged employee, not salaried. For the last several years, they have been making a group of waged employees, including myself, take home a cell phone a few weeks per year to answer pages to fix products that are stalled in production.

At first, we were only reasonably expected to be called on weekends, during evening and early morning hours. However, the last two years the on call "program" has expanded to the point that we get called much more often, many times when the actual office is still open and there are employees that could fix the problem already on the clock and present. Recently, we had a meeting with this on-call group and were told that this is now a 24-hour expectation that we will answer the phone. This means that when we are on call we basically need to stay sober, we can't stray far from a Wifi point, we need to stay in town, and we can't ever turn the phone off.

Our only compensation for this on call time spent is the exact time spent fixing the error. IE if I am woken from a dead sleep at 130AM and it takes me 30 minutes to fix the problem, I get paid for 30 minutes. That's it. Also, if we are on-call during a holiday week, we get 8 hours of vacation time.
Is what they are doing legal? We are having our lives disrupted by this damn phone ringing constantly and we aren't getting paid except for the time spent fixing issues. They have recently confirmed in a meeting that it is a 24 hour expectation for the weeks we are holding the phone.

Answer:
 Even if this was legal, which it very well could be, why would you want to keep a job that treats you so poorly?

A quick call to the NY department of labor would clear up any questions you have, but being on 24 hour call with no compensation and not being able to use your time as you please sure seems like work time to me.


Title: NC - errant golf shot broke a window. I fled, was tracked. Owner is a sheriff's officer. Threatened to come put out a "property damage" charge if I don't "make it right".

Question:
I was playing this cheap golf course recently. On the 17th hole, i was about 90 yards out and I skulled a lob wedge. There is 1 single house behind the green (i'd guess 50-60 feet behind it)... sure enough, the ball heads straight for the house and I smashed the window. I couldn't believe it... I was on pace for an average round for me (upper 80s), so it's not like i'm a terrible golfer...

We stuck around for a minute or 2 and no one came out. I didn't know what to do, so we drove back to the clubhouse. I unloaded my stuff in my car and started to drive off. The guy from the clubhouse came out and got my license plate. A couple of hours later, the town cops show up and ask me questions... Me, being unable to lie... pretty much admitted that I broke the window. He called the homeowner... who apparently is a sheriff's officer... and might be the son of the owners of the golf course. He told the town cop that he wanted me to make it right, but if I don't do it in a reasonable amount of time, he was going to put out a "property damage" charge. The officer told me that was his intent and that I should make it right so they don't have to come back and take me down to county jail...

So... i don't know what to do. Morally, I know I should pay for the window... I broke it. I've texted the guy and haven't heard back yet. I just want to make sure I proceed properly. I know that I should have done things differently... but here we are. I don't really think I could be arrested for property damage for hitting a bad golf shot on a golf course... but he's a cop...

Any advice?

Answer:
 In general, landowners adjacent to a golf course have no recourse against a golfer who accidentally hits a bad shot.

See [Golf and Torts: An Interesting Twosome](http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1213&context=sportslaw)Answer #2: You broke a window.

You admitted you broke the window to cops.

They want you to pay for the window.

You want to pay for the window.

What's the question here? Pay for the window and move on with your life.


Title: (TX) I was choked by bouncer in front of bar. Plenty of witnesses. Found new injuries this morning.

Question:
Last night I was visiting my old college bar district & chose a very busy bar with a long line.

People were packed like sardines, & the bouncer kept yelling to stop pushing.

When I approached him to present my ID, he threw it into the crowd. I called him a few words prompting him to leave his stool, and choke me.

I was drug about 5 yards, and filed a report immediately. Officers talked to my witnesses & gave me a slip of paper to press charges on Assault.

This morning I woke up to bruising on my neck, it's very stiff, & breathing still hurts.

Any advice on how to handle this? It's my first legal endeavor.

Thanks in advance!

Answer:
 You can ask the police if you can talk to the officer again. You can take your own pictures.

You should go see a doctorAnswer #2: There are two things here.

First, there's the criminal case.  It is probably misdemeanor assault and battery, and possibly other crimes, to walk up and choke you.  I don't know what's on the slip of paper, but citizens don't decide whether the bouncer gets charged with a crime.  The DA does, based on the police report.  You can follow up with whatever it says on that slip of paper.  If he doesn't get charged with a crime then you can try to ask the DA why not and try to escalate if you don't get a good answer.

Second, there's the civil case: a personal injury lawsuit.  This means you sue him for money: the cost of you going to the doctor and getting treatment for your injuries, any loss of income, and maybe even pain and suffering.  This could be with a personal injury attorney or in small claims court without an attorney.  If the bouncer has no money to pay any judgment you're awarded, you can garnish his wages to get paid, eventually.


Title: Could a poor person have a case for a discrimination lawsuit if they sue companies that block or ban poor people?

Question: I recently heard about 2 different business that do this. One is the Palms Casino in Vegas where they require their members to have a certain income and if its not high enough you cant obtain membership. The other one was a dating site called Lux where they actually make you verify that you are a millionaire by sending them your tax return. Now obviously they couldn't do this on race or gender but what about when it comes to the poor?

Answer: Income isn't a protected groupAnswer #2: On its face the rule is fine, because socio-economic status not a protected characteristic. That said, if the rule has a disparate impact on a protected class, whether intentional or not, that's a much stronger argument against that rule.


Title: Can you legally sleep with a mentally handicapped person?

Question: This came up on a online game, and none of us knew the answer. Part of me thinks yes because they are adults. But part of me questions it because for example can someone with the mental capabilities of a six year old really consent? The recent post about "Can mentally handicapped people drink" reminded me about this conversation.

Answer:
 In most jurisdictions, this would be illegal wherever the person has diminished ability to consent. In regard to someone with the mental capacity of a 6 year old, this is a fairly straightforward matter, but when it is a person with the mental capacity of a 16 year old it gets more complex, but the typical approach would be to look at whether the individual understands what they would be consenting to and the potential for wonky power dynamics in a particular interaction.

You'd need to check the legislation as well as the case law in a given country to get a definitive answer.

 Answer #2: You basically answered your own question: it depends on the individual. Also, as with all things to do with the law, or the jurisdiction. In the US, that generally means by state.

"Mentally handicapped" is not a term used either in the law or by psychologists. What matters psychologically is diagnosis of condition, symptoms, and treatment. What matters legally is functionality, primarily the ability to know right from wrong, the ability to understand that actions have consequences, and the ability to legally give consent.

Loosely, if a person is able to do those things and is over the age of 18, then they are legally an adult and are allowed to make choices with respect to their bodies. Nothing says anyone has to make good or smart choices. If someone cannot do those things then they likely cannot consent to sex regardless of age. Yes, there is a grey area.


Title: My mom cheated on my dad and took thousands.

Question:
So I’m writing this just to see what advice I can get. I am 19, have an older brother(24) and sister(29) and my mom(47) has been doing some fucked up shit.

I might be all over the place with this information so sorry in advance.

So my Mom has been acting weird and shady over the past few months. She has her Facebook private. Not even her friends can see who she is friends with which at first I was like “okay she just doesn’t want other people to see her info” but now it’s making sense.

She works at a retirement home and is the chief. About a year ago she said she was going to go to Portland, Seattle (we live in California) for a training for work. We obviously believed her because she’s our mom but we were still somewhat skeptical. So over the months she went to two other trainings but in reality she’s been spending time with her ex from when she was young. You may ask how we know, well just recently my dad found receipts of two hotels in a city in Seattle and the date was when she was went to Portland. The thing is, the hotel was about an hour away from Portland and also the ex lives in Seattle.

Just recently she went to another training in Nampa but this time we had a gps on her car and we seen she actually went to Los Angeles instead. She went to the airport and then she parked/left her car at a parking location for the weekend.  When she was at her training my dad has been calling her just to see how it is all going and etc. He told her he’ll call the next morning when he’s on his break because at that time she should be up and ready for work. But when he called the next day she wasn’t answering so he kept calling and she finally answered. When she answered my dad said he heard some movement and then a door close like as if she had gotten out of a bed and went to the restroom. She also sounded like she just woken up (given at this time she should be up and ready for “work” like she said the day before). She sounded angry and was telling my dad why was he calling so much and yada yada yada. My dad knows the ex’s number so he used his work phone to call and he heard a phone ring in the background of the call. My dad asked who’s phone is ringing and she said she has to go. So at this point my dad knew she was probably in a hotel with that guy so he changed the locks in our house and all this other stuff to keep her out.

Now here’s some other fucked up shit. So last year in August my mom and dad agreed to split the money that have in their savings into 2 because my mom wanted for them to pay their own bills and keep it separate. (Sketchy af) Well since then my mom has taken our half of the money in the account. My mom probably thought my dad wouldn’t check but he did and he seen her take out thousands. Specifically around the times she’d go to her “trainings.”

Now I am in college and I get food financial aid but it doesn’t cover it all. So when I asked her if she could pay for the rest (about 1750) she said no because the money they have saved is for “emergencies” but with the amount they have saved 1750 is nothing. My dad agreed but my mom said no. She said no but when she went on her “trainings” she took out thousands. And we know this because my dad has documents of the transaction.

So not only is she cheating on my dad and lying. She is also trying to take out the money.

So after my dad locked her out of the house, he went and took out the money money in the account. (Half of the amount from August).

When she came back home she knocked on the door and said to let her in. My dad said he would let her in if she agreed to talk but she got angry and left. Now she’s spreading lies saying my dad kicked her out of the house and took all the money but my dad only took out the money that is rightfully his and she had to option to come inside but she chose to leave.

Now she wants my dad to give her the money and to give her half of what the house is worth but my dads name is under the house and he’s the one paying.

Can my dad say no to giving her the money and half the house? What can we do with this information. My dad has receipts of hotels and documents of the thousands of dollars she took out.

I’m sorry that my information is all over the place and might not make sense. I hate writing so I tried my best. Please ask me questions to clear up and confusion and any advice would help.

Answer:
 As your parents' child, you have no standing to intervene, basically. This is entirely between your father and his ex-wife to sort out. If - and this is not guaranteed - their divorce decree makes provisions for them to pay for your college, then you may be able to hold them to that, but right now if your father wants to pay for your college and your mother doesn't, it's coming out of his pocket.

It is unfair in the extreme for _either_ parent to drag you into this dispute, or to allow you to put yourself into it. The failure of their relationship is _not your business_, and should not be put on your shoulders.Answer #2: All of this is for attorneys and family courts to sort out, not you.Answer #3:
>Now she wants my dad... to give her half of what the house is worth but my dads name is under the house and he’s the one paying.

That doesn't matter.  She is still entitled to half of the equity.


Title: My dad is forcing me to get a case manager by lying to the mental health center about my symptoms. How can I fix this? [KS]

Question:
I(16F) was diagnosed with depression without psychotic episodes, and GAD. I've been in therapy and I am doing a lot better now. I am happy, haven't had any major depressive episodes (suicidal ideation, etc.) since 2017, and am looking forwards to life.

The problem is my dad(61m). He's emotionally abusive and somewhat medically. The main problem is gaslighting. He does this constantly. Anytime we argue, I bring it up in therapy so we can work past it, but he lies and says it never happened, or that he never said what I say he did, even when it's a direct quote or I have evidence proving it otherwise. My therapist knows about this, as I have informed her, but the local mental health center (MHC), does not. I've only been to the MHC twice with a 2-month gap in-between.

A man at the MCH gave me a screening, which was him basically answering a questionnaire about me, then me telling the man about my symptoms. I tried to tell him, but my dad would talk over me and say things that aren't true. He said I was depressed, would fight him, and, most importantly, that I have been having hallucinations since May 2018.

Because I've been having hallucinations, that means I'm eligible for a case manager. I told the man I didn't, but he sided with my dad. I don't blame him though. Why believe someone who has hallucinations and distorted thinking? My therapist has told me that he's gaslighting me, so I know that I'm not making this up.

A case manager would either come to my house or take me somewhere and give me counseling and a plan of action, which I already have and am following. I feel like a case manager won't be helpful because I'm already in groups, but also because I'm not hallucination or having distorted thinking.

Next week, we're going in to sign a waiver to accept the caseworker. I know they signed me up for medicaid alone, not under my dad, and that's allowing them to get the worker, even though I verbally expressed I was not okay with this.

I know I'm a minor, so I don't have many rights, but is there anything I can do? I don't want to take part in this scam he's doing. That case manager could be working with other people who are actually hallucinating and need that extra in-home assistance. I feel guilty letting this happen.

Tl:dr: My dad got me a case manager that I don’t want by lying about my symptoms. Is there any way for me to not get the case manager.

Answer: Leaving anything about your dad out of it, what about you just telling the truth?  I used to be a case manager, the diagnosis was often suspect, but the people (less than 18) I worked with did need guidance.  You may not be having hallucinations, but it does sound a little possible you might need somebody to help you with your home life.Answer #2: As a former case manager, please tell this to your case manager and think about signing a release of information so the case manager can speak with your therapist. You can even specify on most releases what you want to be released. They could potentially help with family stuff and then the mental health center would have documentation of your dad’s behaviors.Answer #3: Can you not request private therapy sessions, without your father present?


Title: Strange Paycheck

Question: I work in a public institution in America. I recently gained a pay raise. When my check came in I was shocked by the size of it. When I looked at the break down it appears that they used my old rate in addition with my new one, with the same hours worked. Should I say anything? Can I keep it now that it's in my bank? Is the responsibility set on my employer for this stuff?

Answer: Accounting errors do not give you the right to keep someone else's money or property. Inform your payroll department.


Title: If someone dies after sending in a mail in ballot, or after early voting, but before election day, is their vote counted?

Question:
Now, for practical purposes I doubt that they verify the living status of people prior to recording their vote, but in the event of something like a recount, would they attempt to verify things?

Would the fact a person was dead on election day actually matter? Or just when they cast their vote?

Answer: [Depends on the state.](https://www.ncsl.org/blog/2020/10/20/what-if-an-absentee-voter-dies-before-election-day-.aspx)Answer #2: Depends on the state, some accept it so long as they were alive when they sent the ballot. Other's don't or aren't so clearly defined.


Title: [TX] Drug dealing new housemate assaulted my fiance and I. Housing office seems indifferent.

Question:
I've been in my new student apartment for a little over a month.

Everyone else is lovely, but one housemate seems to hate my guts and has been filing frivolous complaints with the housing office since he realized I was gay and that my "friend" who was over often was actually my fiance.

Things came to a head two weekends ago when the housemate was drunk as a skunk and threw a few punches while screaming that he would "kill you fucking faggots."

Police were called and a report was filed, however by the time that happened he had fled the apartment and drove off (classy, I know).

I have complained to the housing office twice via email, but nothing has been forthcoming. I have zero tolerence for being called a faggot in my own home, let alone having death threats against me and my loved ones.

I think at least part of it is also because I told him off for selling and smoking pot inside the apartment. Personally IDGAF about pot, but he (and his mother, oh lawdy) have been obviously maliciously trying to get me evicted because they are bible thumpers and are pretty much always openly hostile to me.

No idea what my legal options are, or how I should approach the housing office. Based on his hearsay I've accumulated numerous lease violations that I simply didn't do, while my complaints about all the illegal or violent shit he has done have been ignored.

Answer:
 Texas sounds like the worst place to be gay. Can you approach your housing office and let them know you want to be transferred to another unit?

Don't send emails, go in person. I'd suggest being up front about the issues if you can. Let me know the cops could be called again in the future if roommate is still living with you.Answer #2: The easiest solution is to have the student housing office move either you or him.  If they are unwilling to help then you can get an order of protection put in place.  The police have been called there was a report made against your roommate which provides evidence of the assault.

https://www.hg.org/article.asp?id=21441

Impact of an Order of Protection

An order of protection provides specific restrictions on the abuser. He or she is ordered to stay away from the residence and workplace of the victim. Additionally, the abuser is prohibited from inflicting violence, harassing, stalking or threatening the victim. The abuser may be instructed to hand over firearms or attend counseling. If the parties are going through divorce or have children together, the order of protection may include provisions related to child support or not to have contact with the child or his or her school. If the abuser violates the order of protection even if contact is consensual, the abuser can be found guilty of contempt of court and be required to pay a fine or spend time in jail.


Title: Salaried Employee, docked pay despite working forty hours.

Question:
I am paid by salary at my organization, salaried at 40 hours a week. We do not qualify for overtime pay. We all took the day off on July 4th for the holiday. However, I still worked more than 40 hours over the course of the week. I just got my paycheck for the two weeks, and noticed they docked my pay for the missed day. Is this legal? I live in North Carolina.

Edit: Forgot to mention, the office was closed entirely on the 4th, so there wasn't an option to work.

Answer:
 Your pay can be docked for a full day absence for personal reasons.  It's a shitty thing to do if you make up the hours but legal. Answer #2: Have you checked your company policies to see what they state?  Does your company have a PTO policy and do you have hours available?  Were you told in advance of the holiday/lack of pay and given the opportunity to use PTO?

IANAL...

From SHRM: In many cases exempt employees must be paid for such closures, according to Angela Stone of the SHRM. If an exempt employee works any portion of a workweek, he or she must be paid for days in which they are ready, willing and able to work.  Stone adds that a deduction cannot be made for time when no work is available.

Additionally under federal regulations, docking the salaried employees pay for such a temporary may change the employee's status from exempt to non-exempt.  This would effectively make the employee eligible for overtime pay for the past, as well as the future


Title: I am 88 I hired a dog walker 2 months ago he refuses to clean up after my dog because he won't touch it because I don't supply him with bags for my dog?

Question: He refuses to buy bags because he said it is my job to do that as its my dog and I only hired him twice weekly to walk my dog. He takes a taxi here and says he refuses to spend extra money on a taxi to go buy my dog dog food and take my dog to the vet when I ask him to he keeps reminding me he is only the dog walker. I admit I don't pay him much at all and this is probably why all other dog walkers had before quit on me. I pay him only $40 a month so am paying him $10 per week. He won't touch my dogs poop with his hands to clean it up says he will continue to refuse unless I buy the bags as its my dog. Legally what do I do why is he and why did all my old dog walkers act the same as him? Vermont

Answer:
 Hire someone else. There are apps for this service ask someone to help you navigate them.

If you cannot provide proper care for your dog due to your inability or  unwillingness to pay then it may be time to consider rehoming the pup to someone who can provide for them Answer #2: $10 a week at twice weekly. You're only paying him $5 per visit. For $5 I wouldn't spend a dime on your dog either. He's probably not even breaking even with the cab fare.

Either hire another walker and pay them a wage high enough for them to care about providing their own bags, or buy some bags for him.

It is your job to provide everything your dog needs to be cared for. If that includes bags, that includes bags. If you want your dog walker to pay for bags, pay them more. If you can't afford that, look into re-homing the dog.


Title: Ex may be trying to use my entitled income tax as child support payment? [TX]

Question:
We just got done with a case concerning custody. He's supposed to pay me $530 a month. Yesterday he had me signed the income tax check that had both our names and he said that I would get my money then.

Then he gives me a check for $2,759 and tells me it's part of the income tax and I'm entitled to half of it.  I'm not sure what he means by entitled and so forth. (I did live with him up to two tax seasons. This recent one was my last and he used my son and I in it and they gave a check with Ex and my name on it.)

So the question is, was I really entitled to half and this is actually my money and he still owes me child support? Or do I consider this a 5 month pay up to what he owes in child support?

P.S. I've been posting here a lot lately. I feel I really owe you guys a huge thanks for dealing with my annoying questions.

Edit: Apparently, the State of Texas will give you a credit card that gets all of the support from their check. So some local sources tell me. So no matter what this is, it's considered a gift.
Topic:
Custody Divorce and Family

Answer:
 If you filed jointly, then that return is jointly your money. If it wasn't covered in your divorce, then you and he can argue about how much of that money is his and how much is yours, but some portion is _already yours_, and can't be used to pay debts owed to you.

Child support is separate from your tax return. He can use a portion of his return to pay child support, but not your own money to pay you.

For now, treat this as your money. If you feel the division of the income taxes should be different, speak to your lawyer about it. If he tries to argue that he already paid child support by giving you what he is currently saying is already your money from your tax return, ditto.

Keep copies of all communications, if you aren't already.


Title: CA - Help! Landlord says I have to get rid of my service dog!

Question:
Northern CA. My landlord is trying to make me get rid of my service animal! We've lived here for over 2 years without any problems. I gave my landlord all of my dog's paperwork the day I signed the lease.

My landlord says that since my dog isn't on the lease, and because he owns less than 4 units and lives in 1 of them that he can "deny my request for a service animal". Is this true? It's true I didn't put my dog on the lease, but I didn't know I had to. And I have plenty of text messages where my landlord acknowledges that I have him, and even calls him by his name. Since we've been living here so long without issues, and he's known about my dog the entire time, how can we put a stop to this???

Answer: The owner sounds like they are exempt from FHA requirements. Is this an ESA or a service animal (specifically trained to support a specific disability)? Do you have a month to month lease or a longer one?


Title: Update on Meth House

Question:
I know it has been a while sense my [first post](http://www.reddit.com/r/legaladvice/comments/2u2gip/i_bought_a_meth_house/).

- I have sense got the place professionally tested and it came back positive.
- I have engaged a lawyer and the letter has been sent out and we are waiting for their response.
- We are seeking for all costs involved in purchase, repairs, medical and attorney fees.
- I want to thank /u/Qlanger. [His post was spot on for the correct law.](http://www.reddit.com/r/legaladvice/comments/2u2gip/i_bought_a_meth_house/co4jjy6)
- I want to thank everyone for all the great advice and kindness that you all showed.

- Also to let you know the medical stuff is quite a bit better now that I'm out of the house.

Edit: this is from OREGON.

Answer:
 Great news! Glad you are out of there and getting away from those medical issues too.

Are you going to update in this post or somewhere else as to their reply?


Title: I am a woman who has been accused of sexually assaulted my Tinder date

Question:
Hi everyone, I am a 19F living in Los Angeles.

I met a boy on Tinder and thought we hit it off pretty well.

It turns out that he was actually 15 and that complicates matters in terms of consent in CA (if I understand correctly).

Additionally, he showed up to our date intoxicated, which I wasn’t aware of until later.

After dinner we went to hang out at my apartment and had sex.

He must have left in the middle of the night because when I awoke at 6am to get a drink of water he was gone.

This afternoon, a police officer cane by my house and asked to speak with me about what happened.

At first I thought they were referring to my laptop which was stolen a few weeks ago but after more discussion it became clear they were talking about last night.

They said they were just looking for a statement and that depending on their investigation they may be in touch again.

For the hell of it I looked up his Tinder again only to find that it was recently deleted.

I got really nervous and I searched for his name on Facebook, which had a match but a private profile.

I then looked on Instagram to see if it matched his contact for any accounts - sure enough an open account.

Surprisingly his Instagram has quite a large following for such a young guy. I ended up using one of my finsta’s to check his IG story and sure enough, he had a screenshot from the RAINN website posted on his story along with a :( emoji.

I’m so scared I don’t know what to do. I literally had no way of knowing that he was 15 or that he showed up drunk and that therefore he could not or did not consent to sex legally.

Answer:
 You committed stautory rape.  You probably didn’t commit nonconsensual rape, but that is an issue for the court to decide.  If you provided alcohol to the minor you may have committed additional crimes.

Get a lawyer.  Do not talk to the police or anyone else about this.


Title: (Arkansas) Next of kin awaiting trial for assaulting the deceased.

Question:
Any names are changed, all parties are adults. I have limited contact with that side of my family and live on the other side of the country but will try to answer any questions.

My aunt passed away 2 days ago. She was my deceased father's half sister. Her younger full brother allegedly assaulted her in July. He has two pending charges, one is a felony domestic battery with strangulation. One a misdemeanor domestic battery with bodily harm. These occurred in IL.

My aunt had no children, her husband, parents, and other siblings are all deceased. There is me (half- niece) and her uncle (mother's brother) left living as well as the brother in jail currently.

The funeral home informed us that the brother in jail is her next of kin and in charge of her body/funeral. He so far has not responded to the funeral home. Can we somehow change the next of kin from the person in jail for assaulting her to another family member? And if so who is next in line?

In addition, a family member claims her doctors told them the assault potentially aggravated her condition (cancer) leading to her death. If this is true and his charges are modified, would that make a difference? She we call the prosecutor in the assault case and inform them of her passing?

Thank you for any help.

TL;DR: How do we change next of kin when that person in in jail.

Answer:
 Firstly, i’m sorry for your loss. I cannot speak towards how to change the next of kin, but if there is a will perhaps it may provide a path forward.

In terms of your Aunts death, that is relevant information to the prosecution and they should be made aware if they aren’t already. What they do with that information is up to them.


Title: What legal ducks do you need to put in a row in order to produce and monetize adult material in the USA?

Question:
Hello. I'm not looking to start up any major kind of production. My thoughts are more in-line with being able to create amateur content to host and sell independently, and to market it through (social) media.

Although I am open to all advice, I'd also appreciate an inventory of records and licenses.

Thanks!

Answer: This is something you need to see a local attorney about. Your jurisdiction may have special rules that don't apply elsewhere (e.g. re condoms, or STD testing, etc). You also need to have good contracts in place with your performers to protect yourself, and good mechanisms to confirm age, etc.


Title: Can she kick me out?

Question:
I paid to have her basement renovated so my kids and I could move in with her and have a secure place to live.  I didn’t get a whole apartment as promised but complaining isn’t something my mom tolerates.

Before moving in she said theres no need for rent, but I’ve been paying it anyway hoping it’ll keep her happy. I also bought her a new washer, do yard work, clean way more than I would if I didn’t
live here, and until recently, would give or do anything she asked for.

She keeps locking me out when I come home from work at 5 am (after my 12hr shift at amazon, I don’t go anywhere else) My kids are sleeping inside and I don’t want to make a scene. Today I had to call the police.

Why does she want me out?    First it was because she found candy wrappers in my sons room.. I’m serious. The next big thing was I didn’t rake on time. I walk on eggshells constantly but when she gave me shit for getting outside 15 min too late I told her to fuck off.
She told me I need to go to a homeless shelter. I’m depressed to the point of being suicidal. I’m scared. And I have nobody except my four kids.

Also worth mentioning, I can’t have people over. I can’t hire a babysitter because she doesn’t want a stranger here and I can’t leave my kids ‘alone‘ (except for when she wants me to drive her to the airport of whatever she needs) my oldest is 15 and has been babysitting well before we moved into her house.

Any advice would be greatly appreciated.

TLDR my mom wants to kick me and my kids out but we pay to be here and don’t do anything to hurt her. She’s just insanely strict. There’s no rental contracts and I live in NJ.

Answer:
 Since you are a month to month tenant your mom can give you proper notice of your lease ending and afterwards she can go to court to evict.

At this stage I would start looking for a new place that you can afford because it might be beneficial for your healthcare problems.


Title: (FL) Someone wants to sue me after my movie scared the crap out of them.

Question:
On Halloween our town had a amateur horror movie festival. I wrote and directed a film and it won the "scariest movie of the night" award.

Yesterday I was contacted by a woman that claims she was at the festival and was so terrified by my movie that she hasn't slept and has started to see a physiatrist to deal with persistent nightmares and new phobias.

She can't actually get anywhere with that can she? She knew what the festival was about a went anyway(supposedly). She wants me to pay for all of her medications and doctors visits as well as for psychological damage. I told her to have her lawyer call me if she wants to sue.

It was a 21+ venue so I did really go all out with the gore and suspense but I mean come on it a vampire movie it can't be that scary.

Answer: Let her sue, it won't go anywhere. Doubly so because it was at a festival specifically for horror movies.Answer #2: Any chance you could post this thing on youtube? I want to see the movie that scared the sue out of someone.Answer #3: Goddamn this lady sounds like the reason Peanut Butter has a warning label on it letting you know it contains peanuts.


Title: Friend got paid 50k not to sue his employer for his own health episode - but employer was not at fault. Is this normal?

Question: [deleted]

Answer:
 It's hard to judge because we don't have any 1st hand information.  This could be a workers comp settlement if he was injured when he "fell out".  There could be some kind of liability on the part of the hospital that we're not aware of.  The hospital could be litigation-phobic to the extreme and offer settlements to everyone.  Your friend could be exaggerating the amount he was given.

In general, cutting a $50k check for a fainting episode is very far from common.  Answer #2: Sounds like the $50K was also a separation/severance payment.  Was that the case?


Title: Question about search and seisure

Question: So obviously i'm going into this expecting and intending to pay my tickets, but yesterday my girlfriend and I were sitting at a park waiting for a bar to open to get lunch. We had a gram or so of THC concentrate in the center console. As were sitting my girlfriend hit her vape and all the sudden a DNR warden is tapping on my window demanding our weed and put me in handcuffs. As he had no propable cause to begin with, I wanted to contest my charges but i'm not sure its going to go anywhere. I figure my arguments are somewhere in between an illegal search and the DNR warden not being a cop and so therefore obviously didnt know what was creating the vapor

Answer: What search? He asked you for your contraband and you gave it to him.


Title: Landlord demanding the lawn be watered more - Salt Lake City area, UT

Question:
Hey guys!
Hope you can help me with this. I think the property management company is on our side, but I wanted to get information just in case.

Long story short, we live in a desert, it’s hot, the lawn in the front of our rental house has started to brown. We water every other day, as per what the property management company has set the sprinklers to. All the neighbors in the area, as well as many businesses have brown patches, and some even completely dormant lawns.

The owner of our rental is fussing that we haven’t done enough, and we need to water more, and for longer. I feel like that would be a complete waste of water, especially considering we have a neighbor down the street who waters twice a day, every single day, and still has dormant patches.

Lease states we keep the lawn trimmed and weeded, but doesn’t specifically mention watering. (Again, I think the property management company agrees with us, so I don’t think there will be issues with them specifically)

Just to prepare in case they try to pursue anything. should I expect to be forced to water? We pay the water bill so I feel like if they do this I would want to fight it. It is a desert, after all, and I feel like we would be paying for nothing since the lawn will not likely regrow before the season’s over.

Any help or advice is appreciated!

Answer:
 " Lease states we keep the lawn trimmed and weeded, but doesn’t specifically mention watering "

So long as that's what the lease say's, it sounds like legally, you're in the clear.Answer #2: You can say you're willing to water the lawn more if he pays your entire water bill, otherwise you will continue to maintain the lawn as specified in the lease.

It sounds like you have no obligation to water the lawn at all.


Title: Employer threatened to call the cops on me.

Question:
So, I think I screwed up.  This was in IL/US

&#x200B;

Work was paying me $1/hour less than I was originally told.  To start to recoup my losses, I came into work, grabbed a company gas card, and quit without telling anyone.

&#x200B;

Apparently they are able to track where the gas card was used and I used the card a block away from my house on a few occasions.

&#x200B;

I get a text from HR that says basically "We expect you to return the gas card and reimburse us in full or we will be filling out a police report this afternoon."

&#x200B;

In anger, I said "Good fucking luck" and haven't heard back.

&#x200B;

What would be the implications of them filling out a police report?

Answer:
 You’d likely be charged with theft, since you stole the gas card, and stealing is a crime.

Get a lawyer.Answer #2: > What would be the implications of them filling out a police report?

You literally stole from them, and you think you have the upper hand here? You need a lawyer is what you need. Answer #3: You stole money by improperly using a company card. You could be charged with offenses related to that crime.

Whether they will pursue that is not something we can guess. But if there’s an opportunity to resolve this without the police you might take it. Answer #4: So you stole from your prior employer instead of asking about the pay discrepancy, and when they asked you to resolve the issue you encouraged them to go to the police?

Yeah, that would be Bad. If approached by the police don't talk to them without an attorney. You may still be able to get this sorted with your former employer, and if you can that would be a Good Idea.Answer #5: Damn, you maybe screwed yourself with that text. Cease communicating with them and find a criminal defense lawyer, as it's likely you'll be charged. The fact that you feel you were underpaid will not be relevant at all and your lawyer probably won't bring it up.Answer #6: Your employer was offering to solve things without escalation. Maybe tell them why you're upset and admit you made a mistake and try to get that offer back on the table


Title: Can my landlord ask me to start wiring him rent out of nowhere

Question:
So I've been using Chase QuickPay to pay my rent to my landlord, because after the first 3 months of our lease he wanted us to stop giving him paper checks, and said QuickPay was fine. And QuickPay has been fine for the last 4 months. no problems. until recently - he has started insisting that we start to wire him our rent payments directly into an account. I personally don't want to because it requires me to pay an extra fee, and also because QuickPay was working absolutely fine, and everyone had a digital record that money was exchanging hands on time and in full.

&#x200B;

his justification for this change is that wiring money will "make it easier for him to manage his money" and in my opinion..... how he manages the money I give him for rent is none of my goddamn business and it's a little inappropriate for him to be telling me that, and 100% completely his problem. I'm not withholding rent, I fully intent on paying rent when it's due, but I wish to continue with QuickPay and he keeps insisting my roommates and I wire the money to him and it's making us extremely uncomfortable. And we don't want to be dealing with that extra $30ish fee for initiating the transfer.

&#x200B;

it doesn't say anything in our lease about how we have to give him rent. only that we're to give him \_\_\_ amount at the start of the month.

&#x200B;

Can my landlord make my life difficult in any way for refusing to give him the money the way HE wants to receive it? Again, I am willingly providing 100% of the money he expects from me, on time every month using QuickPay, the method that he was perfectly agreeable to until very suddenly he wasn't. But now he's getting upset that I'm not wiring it and that I insist on continuing to use QuickPay.

Answer:
 Inform him if he wants it wired, it’s a $30 dollar fee and that will be withheld from the rent. Is it more of a hassle to pay that way? Is ChasePay easier? I’m guessing ChasePay takes long to get to him because I do believe they send it out in check form, but it is dated at the appropriate time, so he cannot hassle you about it.

He cannot force you to wire the money by wire. Tell him he’s on the hook for the fee. That’s $360 a year. Answer #2: He can't cause you to pay extra that you haven't agreed to in writing. Tell him to pound sand.


Title: Is using brass knuckles for self defense on your own property illegal in Pennsylvania?

Question:
Okay, so two nights ago, I was with my friends and egged an individuals car (I am aware of this being wrong, the post is about the following events). Said individual found out, and arrived at my house with about 10 people and was adamant he would not leave without fighting me. I went outside to the porch (still on my property) and told him I would not fight him and that he needed to leave before I called the police. The individual then punched me once in the face, and tried punching me several other times, but I was able to put my brass knuckles on and hit him several times. He was significantly bigger than me, and I feared if I didn't use those then he would have done serious damage to me. He has 3 skull fractures, a busted lip, and 4 missing teeth. I only hit him until he stopped his aggression towards me. When he fell to the ground I made sure he was able to get up and leave on his own and never hit him while he was down. This assault all took place on my property after trying to get him to leave and avoid a fight.

My question is: did I do anything illegal with how I handled the situation following the egging? I am facing charges for the egging, but the individual is getting trespassing charges and assault charges as far as I know. I want to know if I am able to be held accountable for using them on my property as self defense.

Update:

I went to the police station and was questioned. The individual that came to my house and I mutually agreed to not press charges on one another and leave it at that. Thank you for helping me out with all the information you offered.

Topic:
Criminal Law

Answer:
 You could be charged with possession of them if it's illegal.

That aside, using brass knuckles is pretty much the same as a bat or a baton- it's going to be considered deadly force.

So you can use it if that level of force is **reasonable**.Answer #2: Brass Knuckles in PA are illegal. They're part of the prohibited offensive weapons.
They are illegal in your state. Illegal. Self-Defense or not, they're an illegal weapon.

http://legalbeagle.com/8645898-legal-status-brass-knuckles-pennsylvania.html


Title: i believe my ex is planning to go to the police with allegations that i sexually assaulted her when we were dating, but things aren't that simple. what steps should I take?

Question:
Apologies for mobile hiccups. So i (33 m) dated my ex (32 F) for about a year and a half before i ended things. She wasn't thrilled about the breakup, but seemed to understand it was for the best and that the both of us were better off. However, all of this took a turn when she somehow found out that i had slept with someone only a month or so after we'd split. She flew into a rage like i'd never seen before. Screamed, cussed, threw things at me. Told me i was never a good boyfriend, had obviously been emotionally cheating to have moved on so quickly etc. I didnt really worry too much, i just figured (and understood) that she was hurt. She vowed never to speak to me again and that was the last time I saw her.
A few months have gone by since then, and I thought all the drama for our relationship is over. She quit the hobby group we went to together, i assume to avoid me. But I've recently come to find out that not long ago (a week or so after finding out about me hooking up with someone else) she had a meeting with some of the leaders of said group where she told them I had sexually assaulted her. She refused to discuss it further or provide detail, just told them and left with a "thought you'd want to know what kind of person you're around"  The leaders were sceptacle but also felt it was their duty to inform the others. So people have known for weeks but have only just come forward to ask about it. I don't think they want to believe it but are all (myself included) feminists and are inclined to believe the accuser. So, even knowing this, i told them the truth, which is this:

What she is referring to is a time about 6 months ago. We came home from an event, exhausted and kind of drunk, and fell into bed. We both were kinda in the mood, so we started to fool around a bit. I WANT TO BE CLEAR: she was awake the entire time leading up to sex - helped me take her shirt off, was receptive and enthusiastic. We'd had sleepy sex a hundred times before. So it began. About a minute in i realize she hasnt moved for a bit. She had dozed off. As SOON as I realized this, i immediately stopped. She came to a second later and seemed really groggy and out of it, but asked me if I had had sex with her while she was asleep. Horrified, i told her yes but that I hadn't realized until too late, that I was so sorry. She told me that didn't matter, i should have known. that i should not have taken her initial yes as an all the way yes, and that even though i didnt know she was asleep i had still assaulted her. And honestly, I agreed. I was disgusted with myself and offered to go to police station right then and there. I know so many women who have been raped, including my gf (when she was in her teens) and i couldn't believe that i had done that to her. I still can't believe it. She declined my offer to get law enforcement involved. Told me she forgave me and wanted to move on. I took her to her therapist and she told him everything, to which (from what she told me) he agreed with the decision not to seek charges. We went to counseling together and i thought we'd worked through it, though the guilt is something i still struggle with.

Our relationship was unhealthy in a million other ways (she didn't like my friends and hated when i spent time away from her, i didn't give her the attention she needed/deserved etc) However i thought we'd gotten past this. Come to find out she has been telling many people that I raped her (none of the context from what i can tell) and the rumours have begun circulating through our hobby group. I've been very honest with those who have approached me, and the vast majority of them either don't believe her or trust my version (she wasn't very popular in the group) but it has still left many with a bad taste of me in their mouth. which, honestly, is fine. I deserve it. But now I worry that her next step is to go to the police. I don't want to believe that she'll do it, but my friends think that's incredibly naive. I don't know what to do. I have no plans of denying what I did. I fucked up and if the law decides that i should be punished, i accept that. However I'm scared that her motivations are more for revenge and that will lead her to either leave out important details or just plain lie. Should i just go to the police station and confess before she accuses me? Get a lawyer? Both?

tl;dr angry ex is telling everyone i raped her when she fell asleep during sex once. I accept the consequences for the truth of what i did but i worry that she is telling people (and potentially the police) an exaggerated or fabricated version of events.

Answer:
 If the police want to talk to you, don't.  Tell them you won't speak to them without an attorney.

The police may be very persuasive.  They will try to convince you that they just want to get your side of the story.  Or that they are trying to help you somehow.  But no matter what, you don't talk to the police.

You also don't talk to *her* about it, since the police may be listening.  Zero contact.  Stop talking to others about it as well.

Get an attorney if you are arrested.

Also, your post reads like a troll.  It is in no way an assault if you *unknowingly* have sex with a sleeping person.  I have no idea what's happened in your past that you've allowed yourself  to be guilted into believing you sexually assaulted somebody.


Title: Hi, I May be Getting Scammed. Any Advice?

Question:
Hello worldly people, versed in contracts and legal deals.

I'm a bit naive, and hunting for apartments. Does something about this response seem, odd? And sorry if this is in the wrong subreddit, but I thought you all here would know about leasing.

The link is to the email response in question:

http://imgur.com/gallery/thyW6AO

Answer: 100% scam.  Check out r/scams to read all about it.


Title: Worker's Comp Denied my claim Doctor Said its their fault ?

Question:
I work for a National Zoo in a very popular city. I am a security guard at the zoo so being a security guard covering such a large ground we are often walking 20k-27k steps a day. A few weeks ago I was walking through a large section of the zoo known as the wilderness and I felt a pain in my left foot. I did not think anything of it and ignored it thinking it was just sore. The next day I found myself limping and was having trouble putting pressure on the left foot. The next day I could barely walk at all the pain was unbearable. I decided to go to the Emergency room. Where I had to get an xray and see a doctor. After waiting for several hours and paying my 100 dollar copay plus doctor fees and xray fees. I was diagnosed with a Severe sprain to my Achilles tendon with a possible muscle tear.  The doctor told me I was not allowed to move or go to work for 4 days. When the doctor first heard the pain started at work which when they included that in the report my health insurance refused to pay for anything saying that it is up to workers comp to pay. After meeting with my HR department they made a workers comp claim which was denied since there was no fall or anything that made it abundantly clear that the zoo was responsible. After I finally met with the orthopedic doctor after seeing my Primary Care Physician and getting a referral (with another Copay) and paying the copay for the Orthopedic doctor the doctor confirmed what was said in the xray He said without a shadow of doubt this injury is caused by the amount of walking on the uneven pavement at the zoo that I am doing and he put me into a Boot  which I have to wear during the day as well as gave me a night splint that I have to sleep in he also said I am most likely going to need physical therapy.  I am now out thousands of dollars between missed overtime days off and all of my co pays and now because of the doctors diagnosis my medical insurance is refusing to pay But since my claim was denied I am stuck holding the bill.

 What Should I do?

 Should I hire a workers comp attorney ?

Do I even have a case ?

Answer: Given that the employer has denied it is their fault, you likely need a workers compensation lawyer, at least to consult with.


Title: [Colchester, VT] My boss is asking who called OSHA and may have retaliated against one of my co-workers.

Question:
Someone at my work called OSHA, and my boss wasn't happy.
My boss suspects my coworker and even sat said coworker down and asked whether they called OSHA or not.

That coworker told me that my boss retaliated, but didn't exactly tell me how.

That coworker didn't call OSHA, but I know who did(although I'm keeping my mouth shut, even to my boss).

My questions are:.
Can my boss ask that?
How can i protect myself?

Answer:
 NAL, but your coworker has rights as a whistleblower, which it sounds like your boss violated.

https://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf [PDF]Answer #2: > Can my boss ask that?

Yes.

> How can i protect myself?

From what? If you didn't call OSHA, you would have no whistleblower protections.


Title: Accused of Child Abuse

Question:
My Fiancee's uncle has accused me of beating her child of 4 years old.  He has also accused me of touching her in inappropriate ways and has claimed to have two recording of the child saying that I have whooped her till she pee and that I have touched her.  I also have a recording of her saying her uncle made her say that and a recording of the little girl saying I have never hit her or touched or anything like that.  I also have a doctor report saying she has never been touched as we took her to the doctor when he made the accused of me.  He claims he will take me to court and win and put me away for 30 years and have me label as a pedophile but, I have never did anything that is accused and the mother and father and step mother all back me up and say I have never hit her or anything. Should I be worried?  What should I do?

Location KY

Answer: Poor child. The child should not be made to talk about this with either of you.  Child and Family Services needs to be involved and the child needs to be in a safe environment.


Title: (NC) Car was totaled in an accident in which the other driver was at fault. Insurance is offering less than what I still owe on the car. What are my options?

Question: I was recently in an accident in which the other driver ignored a stop sign and plowed into my driver side, totaling both cars. I sustained a slight injury in my hand, causing me to losing all grip strength and be unable to bend two fingers. Went to the ER, took X-rays, was told it was a simple contusion and there's nothing they could do. It's been almost two weeks and my hand isn't getting any better which is affecting my work. I still owe 10,000 on the car but the KBB value is ~9,000. Her insurance is offering that plus $750 for my hand. If I accept their offer I'll have no car and still owe on this one. What are my options?

Answer: They're only responsible for the actual value of the vehicle. Your bad financial decision is not their responsibility to bear. You should've purchased GAP coverage.


Title: I haven't slept in almost a week.

Question:
Hell recently last Monday I received a knock on my door and was promptly put in jail, I bonded out and have Court tomorrow morning.
The incident that happened was my roommate at the time was selling his pills adderall I didn't know anything of the sort until last week but appearently I'm being charged with 2 counts where on police report I was no where near the one count and the one I'm being charged in was that he put them in a envelope and asked to put it on my desk until a friend of his picked them up I thought nothing of it because at the time I did'nt know he was selling, now I'm being charged with 2 counts of delevery of adderall what do I do? The pre trial is Tomorrow and I agreed to state that I had no idea there were drugs in envelope let alone receiving any money.I apologize about my spelling just haven't slept in almost a week and this will destroy my family.

Answer: You get an attorney.  Answer #2: Are you in college? Getting convicted of a controlled substance offense while using federal student aid will terminate your eligibility for federal aid; meaning school becomes a lot more expensive, even if you avoid jail time.


Title: Possible animal abuse nextdoor?

Question:
Coming here because I am not sure where else to go, if I have the power to do anything or even if I should.

I am from the midwest USA and can give more accurate location information if needed.

Next to my house there is a duplex  and in the upper apartment they had taken in 2 large dogs as puppies and they have grown up and a third puppy was brought in about a month ago. The duplex is not very large and the dogs spend most of their day chained up in their gravel driveway with no yard to play in or really space to move. When the owners are not home I know that they have kept the dogs in a 4-5 foot tall large kennel that they constructed in their garage. The other residents of the duplex who I know are concerned about the situation and the dogs who are now almost fully grown. The conditions they are in are poor and not fit for a dog, I have never seen them walked or played with and I think I should be taking action. Besides an anonymous letter do I have any action I can take here for the dogs? (Which doesn't mean it never happens but I have yet to witness it.)

Answer:
 If you believe that the animals are being abused, call Animal Control.Answer #2: Start with animal control. I know where I live you can call the PD non emergency if the animal is in distress or imminent harm.

You can also contact your local ASPCA or the like for local suggestions.


Title: Management and HOA Fire Alarm Violations in MA, Can I do anything?

Question:
I own a condo in Middlesex County, Massachusetts. It's part of a large complex with multiple buildings. My experience with the management company and HOA for my condo has been awful, so due to that, and a few other reasons, I am in the process of selling my unit. We close next week. Sometime during the winter (I don't remember the month or day) a vacant unit in my building had a burst water pipe that caused significant damage to that one unit. As required by law, I have to obtain a smoke certificate from my local fire department giving their approval that my unit is safe. My inspection for the smoke certificate was a few days ago and the fire department said that even though my unit passed, the pipes in the other unit had never been fixed so I was denied the certificate. I spoke to the fire chief and he told me that as a result of the pipe burst, the vacant unit was no longer connected to the fire alarm system that runs throughout the entire building. If a fire occurred in the unit (which recently sold and is being fixed up), then it could spread to the other units without anyone being notified about a fire.

A different condo recently sold and the buyer was required to sign a waiver saying they would not move in until the fixes were made. According to the fire department, the management company has know about the fire alarm and burst pipes essentially since it happened. The unit owners were never notified about a safety issue or that the fire alarm was not fully working. The fire department official said that although they couldn't force current residents to move out until the alarm is fixed, they could legally bar new residents from moving in.

I emailed the HOA president about this issue and explained my frustration and concern over the safety issue and owners not being notified. He claimed that the pipes were fixed a long time ago and refused to address any of the other concerns I mentioned.  The management company finally fixed the pipes yesterday (we got an email saying the water would be shut off in just our building for pipe repair) and I have now been approved for a smoke certificate. However, I am deeply disturbed by the fact that the HOA and management company knew the units were unsafe and did nothing about it for apparently months. Then I was lied to about it.

My closing is less than a week away. Do I have any legal recourse for safety violations? Is there somewhere that I can report the management company and HOA board to, like the attorney general or BBB? I also feel like I'm obligated to share the fire alarm issue with the other residents because we were never told any of this, I only know because I'm selling. I don't actually know any of the neighbors though and have already moved out, so I would need to write an email or letter. Can I send an email to everyone and tell them (it would have to include HOA board members because I don't know the names of everyone on the board)? Can I leave a letter at my neighbors doors? Is there anything I can do to let the other owners know without opening myself up to possible legal repercussions for saying something? I feel sick at the thought that the management company and HOA board could completely disregard our safety and get away with it because no one else knows.
Topic:
Real Estate law

Answer: OP- You can read your HOAs bi-laws, but my guess would be that the HOA didn't have a contractual obligation to inform you of anything. You have no damages, and likely no case against the HOA. I would move on from this situation.


Title: [OR] Can I name my album after a Disney movie?

Question:
Hello /r/legaladvice!

Quick Question. I've done some pretty extensive googling and I can't find any help. I'm a producer and I want to name my next album "Jungle Book". It will be sold on iTunes/Spotify etc.

The Disney movie is titled "The Jungle Book", so a slight difference. Still I don't want to be in any legal trouble with Disney.

Thanks in advance.

Answer: You should also see if the estate of Rudyard Kipling (the original author) has any rights


Title: I left for work and came home and my son is gone and my girlfriend what should I do?

Question:
Topic:
Custody Divorce and Family

Answer: Just to be clear, is your girlfriend the mother?


Title: Slipped on the wet floor at Walgreens....

Question:
Yeah, so last night Went to walgreens and it's carpted when you first walk in but then ends and the rest of the stores tile/linoleum. There was a yellow wet floor cone as soon as I walked in (on the carpet) So where the tile started there was a huge puddle of water and I informed the cashier. "There a bunch of water here someones gonna fall" she said yeah they're mopping be careful so i stroll towards the drinks on the other side of the store and sure as shit bust my ass. I'm in this store daily and know the cashier sorta so i bitched about it (she saw me fall) and explained I already had bad knees and told her when i came in the floor was ridiculously wet and unsafe. I've called a lawyer as my knee is truly hurting and I also shattered my phone that was in my pocket. Will walgreens tell me to fuck off since technically they had one little cone up or is this something I should pursue as it seems to be negligence to me since I actually pointed out how wet it was?
 edit/ Florida

Answer:
 Your story is so classical slip and fall, I kinda think you are lying and you are a scam artist. Never has a slip and fall case been so awesome:

1) They were aware of slip

2) The area was opened and allowed customers to walk thru.

3) You are an eggshell plaintiff with already bad knees which this may make worse.

Any chance you were also holding a baby? Were you getting soda for your lovable grandma who depends solely on you for care and support?

Talk to your lawyer, you are gonna be fine.


Title: [IL] Gas station mechanics send truck drivers down our alley way, worried about grandpa's safety

Question:
Hi everyone.

Recently we've been having an issue with the mechanics at the gas station right at the end of our alleyway. They've been sending truck drivers down to our home to ask our grandfather to do work for them because they don't want to pay "the ridiculous prices the gas station wants". This is becoming a massive issue.

The truck drivers take their trailer into the alleyway which is only big enough for one car at a time. They pull into the empty lot and then get out and ask my 64yo grandpa to drill mud flaps, fix some things, etc., etc. My grandfather doesn't want to do anything for these truck drivers because they already show up to our home pissed off.

The only reason the mechanics are sending the truck drivers down here is because they can see my grandpa working in his garage and now he's starting to go outside less and less which isn't good. I've tried talking to the mechanics to tell them to stop sending truck drivers down the alleyway because they keep blocking the alley, no one can get in or out until they leave and they're causing traffic issues near us. The gas station is right off a busy highway and it eventually gets backed up because these truck drivers can't get out of the alley without carefully trying for at least 15 minutes.

I've tried asking the sub police station if they could start doing more patrols in the alley to keep the truck drivers out or maybe talk to the mechanics to stop but they haven't done much. I'm starting to get worried for my grandpa's safety because these truck drivers get really angry and pissed off when he tells them no. My grandpa is 64, really his only way of protecting himself is using one of his tools if it was ever needed but I don't want it to come to that.

What can I do? It's getting extremely problematic with these truck drivers and the gas station mechanics.

Answer:
 One option would be to go to the city council and ask to have restrictions placed on what vehicles are permitted to drive in the alley. Additionally, your grandfather could place no trespassing and no solicitation signs up.

Finally, the nuclear option would be to send a cease and desist letter to the station telling them to stop sending the trucks to your grandfather's. If they ignored that, you could then apply for a restraining order. But then your grandfather would also not be able to use that station either. If you're thinking about doing this route, definitely contact a local attorney. Answer #2: Have you tried talking to the owners of the station or even the main company? Let them know that these mechanics are behaving inappropriately and are creating a nuisance in the neighborhood.  Answer #3: If the alley is really that narrow, put up some signs that state that your grandpa does NOT work on trucks, despite what the mechanics may suggest.

But getting the 'cars only' sign back up is probably your best bet.


Title: Neighbor wants concrete wall, I want wood privacy fence

Question:
Since moving in my neighbor keeps hinting that he wants to have a concrete wall replacing our fence and to save up for it. These fences in my opinion are ugly, expensive, takes up established garden, and most importantly my wife doesn't want it. We'd prefer a tall wooden fence. We are new and he's been there for decades. He's a great neighbor and there's no contention, however what's the best way to handle this situation without making anyone uncomfortable or upset?

I know I'm not exactly asking for legal advice, however not sure where to post this.

To keep it appropriate, what would the legal route be if he and I were both adamant?

Answer:
 I'd say "We really don't want a concrete wall and would really prefer a wood privacy fence.  So, if you'd like to put up the wall on your side of the property line, we can put up the fence on our side, and each get what we want."

Then, I'd make sure to have a survey so he stays on his side of the line.Answer #2: He can build a concrete wall, *on his side of the property line* preferably 6 inches from.  You can put a wooden fence on your side.  Everyone is happy.


Title: Salaries posted online

Question:
VA. Someone at my company just posted to a forum a list of job titles with the corresponding salaries.  Is this in any way illegal or is it just frowned upon?

Some things to note:
These are salaries for Company A. Company B just bought Company A  in a 363 sale.  On Tuesday everyone will receive termination letters from Company A.  Then by Friday Company B will be providing offer letters to those they want to hire. I can only assume some salaries will be changed.

Answer: You don't post where you're located.  In general, your salary is not protected information, unless you have a contract to the contrary.


Title: Question about Coca-Cola

Question:
I recently found out coke doesn't have a patent for there beverages so they don't need to reveil the recipe

So say I discovered the 100% genuine Coca-Cola recipe and then patented it under a different name

Could Coca-Cola do anything to stop me from producing Coca-Cola under a different name

Answer:
 [You can't patent it](https://www.uspto.gov/patents/basics):

>In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if:
“(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention”


Title: Someone's put a second driveway that cuts over my property; Connecticut

Question:
Connecticut.

Adverse Possession Question .

Hoping someone can tell me how to go about qualifying and dealing with what appears to be someone elses drive way on my property.

TLDR and the end.

I purchased my house less than a year ago; a few things have stood out as being "off". GPS navigation in the area doesn't target the correct house numbers; every onboard car GPS and phone app has a different opinion on where my house sits. The mail is consistently delivered out of sequence; like 1 Wisteria Lane will get 2 Wisteria Lane's mail, 2 Wisteria Lane will get 3 Wisteria Lane's mail, etc. The lot my house sits on just feels smaller than it should.

Today I realized a lot in the neighborhood has a driveway which is paved and is connected to the street, and goes over my lot- which is a weird shape. Here's my totally-not-a-survey's-map of what's going on: [https://imgur.com/a/zuOlh6o](https://imgur.com/a/zuOlh6o)

The lot... lets call it 20 Wisteria Lane... is at the very end of the road and shares a driveway with 22 Wisteria Lane- there is a group of mailboxes, one for each house, next to the driveway and is marked on my sketch by a green X. The questionable driveway is marked by a red X- it has a SINGLE mailbox exclusive for 20 Wisteria Lane. Going off of archived satellite images, I've confirmed the driveway which terminates at the red X is not the original driveway and was constructed at some point between 2007 and 2010. Checking the towns records- 20 Wisteria Lane was last sold in 2009. It really is looks as if someone trying to sell their house (and the market in 09 was garbage) paved a driveway to make their house more appealing OR someone moved in and immediately said *I can't stand driving all the way to the end of Wisteria Lane and I need a more direct route.* The Adverse Possession period is 15 years in my state.

I'm concerned. I want to protect my boundary, but I could really use some advice.

If the previous owner of my house had some arrangement with 24 Wisteria Lane, would that have been disclosed to me during the sale? Would there be a record of a lease or something with townhall-other than just the grid map? If the paved driveway connects to the street would that be documented anywhere?

If it does turn out that there is a driveway infringing on my land- who is the first party that I should contact and what information will I need to provide them?

Could anyone be responsible for damages? I've potentially paid taxes on someone else's driveway.

Is there anything else that I should be thinking about? (Insurance, Liability, Pets, IDK that's why I'm asking.)

TLDR: Someone paved a driveway on the land that I just bought but it turns out the driveway cuts into my lot. How do I confirm that that the driveway is (or is not) on my land- and what should I do to protect my boundaries. Do I take this straight to a lawyer or what?

Answer:
 >  If the previous owner of my house had some arrangement with 24 Wisteria Lane, would that have been disclosed to me during the sale?

Yes.

>  Would there be a record of a lease or something with townhall-other than just the grid map?

Yes, to make it official, there would have needed to be an easement created.   This would have been reflected on your title.

You need to get a survey done ASAP.   Have them clearly mark your boundaries with stakes, rods in the ground, and a string line.

You need to be 100% certain that the property is yours,  Those zoning maps have been known to be off.   And they sometimes don't take into account the easements from the city for the roads.

After the survey, if you are certain the driveway is on your property, send a certified, signature required, cease and desist letter to the neighbor using the property.    You can write this your self, just asserting that the neighbor has no legal right to use your property and must stop immediately.

This should save you from any Adverse Possession issues for now.

Then you need to make some decisions.    You can have the neighbor lease the property from you for a fee.

Or you can rip up the driveway on your property.

P.S.  Also ask the corner neighbor, the one where the red line comes close, and ask if they know anything about the drive way.   Answer #2: Did you have a survey done as part of your purchase? If not, your first step is there. The second step is to review all your title docs and check the county recorder's office for an easement.


Title: Applying for US citizenship. Does USCIS check Facebook or phone records? [IL, US]

Question: I'm in the US as a permanent resident. In my past I've mistakenly posted some things on Facebook concerning illegal substances (no pictures, just status updates and links that pertain to drugs) that may not fare well with USCIS. I'm currently in the process of deleting them but I don't think it will matter. My phone records also reveal some sketchy stuff that I'd rather not have the USCIS find out. I've never gotten in any legal trouble other than a few speeding tickets. Am I just being paranoid or can this actually be a problem?

Answer:
 >In my past I've mistakenly posted some things on Facebook concerning illegal substances

Unless you actually somehow did this by accident, the word you're looking for is "stupidly", not "mistakenly".


Title: Grandmother has Alzheimer, my mom is the POA and heir to the estate, my uncles are assholes.

Question:
**throw away account**

Question for you folks.
My grandmother was just put on Alzheimer medication this week, her MRI is next week, but we're pretty sure it’s going to be the diagnosis.
My grandmother made out a will several years ago and made my mother her power of attorney and the heir to her estate.  It specifically states in the will that my uncles are well off, and that my mother gets everything (this post is not about power struggle).  My uncles (3 of them) are class act pieces of shit.  My mother is disabled and cannot work; she has lupus.  Now in the will, my mother is POA as stated, and the heir, but I am the backup to the estate.  I’m almost positive one of my uncles is the backup POA.  We are going to attempt to get my grandmother to change the backup POA before she becomes non lucid.

My question lies within my uncles ability to get her to change her will when she becomes non lucid.  I know for a fact that they will try to trick my grandmother into changing her will at the last minute.  How can we prevent this from happening to protect her??  This is all in the State of New York.

Any advice is greatly appreciated!!

Thank You!!

Answer:
 Well, you can't really prevent an uncle with access to your grandmother from getting her to change her will. If they can dig up witnesses and get her to sign it, they can do it.

When you submit the will to probate, then if they submit a new will, you would raise the argument that she was legally incapacitated and the new will is not validly executed. Good evidence of her medical condition as it deteriorates would be useful to have.Answer #2: Not a lawyer. Just had a Grandma with Alzheimers. :(

 Getting on official diagnosis of Alzheimers will give your mom an excellent chance of winning when/if she needs to challenge a new will but she needs to be more proactive. They have the means to drive up legal fees & try to get your mom to settle. Your mom should see an attorney about conservatorship of your Grandma ASAP. If your grandmother is no longer of sound mind, she cannot make medical or financial decisions. You're looking for an attorney that is experienced with elder care. I have seen Alzheimers eat up an almost million dollar estate. Act quickly. Answer #3: Why in the hell is this thread getting down voted?