Title: [WA] My neighbor painted his curb yellow, and now I have a parking ticket. That spot is normally completely legal to park in! What should I do?

Question:
Topic:
Traffic and Parking

Answer: From your title it’s hard to tell how much was painted, but in Seattle, homeowners are allowed to paint the curb yellow five feet on either side of their driveways. Again, not sure if this fits your scenario but if so, look up “Seattle Municipal Code 11.72.120 - Driveway - Painted curb” for reference on the law and if it was violated.Answer #2: Need a bit more info, how can you be certain that your neighbour painted it and not the city?Answer #3: The parking ticket should have a phone number you can call to get info on how to challenge the ticket. Start there.Answer #4: Here in Dallas, we have a 311 number to call to report pot holes, etc.  If you have something similar in your city, maybe you can get some info. Or, call code enforcement in your city. Also, when you go to pay your ticket, take photos to find out if the painting was legal.Answer #5: Was it painted yellow when you parked the car there?Answer #6: Sorry but that's hilariousAnswer #7: Always show up to your given court date. You can plead not guilty and get a court date scheduled to go before a judge to explain what happened (it’s a really simple court hearing, nothing intimidating) and maybe you’ll get the ticket tossed, or guilty and the fine is usually reduced a lot.Answer #8: Might be a lost cause but you can use Google streetview photos to show it previously wasn't painted.


Title: Renting house with strangers. Is there a way for me to be on the same lease with them and not be liable for their portion of the rent in case of them falling short?

Question:
Hey guys, I'll try to keep this short.

* I'm renting a house with some strangers in NJ. The landlord (for legal reasons I hear) wants everyone on the same lease.

* One of the people living will be drawing up documents kind of as a "sublet lease"  with the rest of us. We're all paying this person, and this person is giving the rent to the landlord.

* My name will be on the main lease as well as the sublet lease.

My questions basically is:

Is there language I can put into either lease so I cannot be held accountable for anything outside of my agreed portion of the rent in any circumstance ever?

Basically the situation I'm afraid of is when/if others are not paying their end of the rend and the landlord decides to pursue legal action against us (since everyone's names are on the main lease), it'll end up damaging my credit/finances.

Thank you in advance and let me know if you need more information.

Answer:
 >Is there language I can put into either lease so I cannot be held accountable for anything outside of my agreed portion of the rent in any circumstance ever?

Sure, it would be easy to write a lease that apportioned rent individually among separate tenants.  But no sane landlord in the world would ever agree to that.  Why?  Because if one of the tenants leaves then the landlord has to chase down that person, and the landlord has no ability to recoup or minimize his damages by putting someone new in the leasehold because the other tenants are still there in good standing.

Also, don't call your contract among your co-tenants a "sublet lease."  That's confusing and misleading.  It's a roommate agreement (with all due respect to *Big Bang Theory*).

P.S. Paying one of your roommates with the expectation that they will pay the landlord is pretty risky.  I would never agree to that.  If one of the roommates wants to be the designated collector of checks, that's fine.  But each tenant should make out individual checks payable to the landlord.


Title: Found sharp plastic in my dinner

Question:
I frequently buy frozen chicken patties to have for dinner. Tonight at dinner I found a sharp, small piece of plastic within the patty. It is definitely small enough to ingest and sharp enough to do damage.

What should i do?

Edit: from USA

Answer:
 > What should i do?

Ask for a refund or replacement. Answer #2: Contact the company for a refund. This isn't the multi-million dollar lawsuit you're shooting for.


Title: Want to pursue legal action against facebook for ad practices.

Question:
So about a month ago, I went through and unliked every page, revoked access from almost every linked account, opted out of every ad preference, removed all ads interacted with etc etc. I went through the ad preferences and scrubbed them clean. As far as I can see on my end, the only thing attached to ad preferences is Ghostbusters, because I love Ghostbusters. Yet I am still getting ads based off preferences that I have removed or blocked. I even go through about once a week to make sure things haven’t been added, I had “people who visited cafes frequently” on there today so I removed it. At this point, it’s starting to feel like the opting in and out are fake, securing my personal preferences are for nothing, and it’s an invasion of privacy. Given all the resources available via Facebook, and removing them, should have some impact and I’m not really seeing it. Is there a case here? Shouldn’t there be results in removing the ad preferences and settings to block most of them?
Topic:
Business Law

Answer:
 > Is there a case here?

No.

> Shouldn’t there be results in removing the ad preferences and settings to block most of them?

There's no specific legislation that requires those buttons on a website to function in this way that I'm aware of.Answer #2: Why don't you just stop using Facebook? Remember, if a company is offering you something for free, *you* are the product.


Title: Going through a divorce and my soon to be ex wont let me see my child

Question:
Married for 3 years. Daughter is 3. 28m 28f oregon

Basically my soon to be ex wife told me last month she wanted to split. We have a 2 year old daughter. We originally planned on doing a one week with me and one week with Mom thing. Her pare ts got involved and told her i should only get weekends. (Pick my daughter up saturday, return her sunday) because i am moving in with family rught now i told her i would do that for the first week and then we could talk about this more. Today i told my ex that i would like to see my daughter more than the 2 days and would like to pick her up fridays also. She told me i dont get to decide and started freaking out. She told me she is seeing her lawyer thursday and they will decide whats best. I still havent picked a lawyer but i fear the worst. Is she right on this and how do i fight this type of thing. No one at this time has filed for divorce and neither of us has seen council. Please help!

Posting on mobile. Sorry for any mistakes.

Answer: you fight this by getting a lawyer and having the courts draw up a custody schedule if you two cannot decide for yourselves.


Title: [Maryland] Piercing ears without proper license

Question: I live in the dorms at a college in Baltimore, Maryland, and a few days ago my friends and I were bored and some of them decided they wanted their ears pierced. We got the needles and proper sanitizing agents, and did the deed. We pierced 3 peoples ears in the dorm room and they all turned out well and are uninfected. All of those who got their ears pierced are 18+. We heard talk of an RA reporting us to the campus police for “illegally piercing ears”. I’ve never thought of this to be against the law. Is there anything they can charge us with?

Answer:
 You really cannot expect your campus policies to list "illegally piercing ears". The guide is not going to include every law out there, nor everything you are and are not allowed to do. I am going to guess your guide doesn't include anything about doing tattoos either, but there are laws about that too.

There are laws about piercing ears in Maryland. That said, it is extremely unlikely that anyone is going to be interested in the fact that a group of folks got together and pierced each other. Especially since you are legally adults. The Maryland laws are mainly concerned with people being underaged and lacking parental consent. They are also concerned about people getting infections.

Your RA really needs to chill a bit.

Answer #2: Sounds like a busybody RA.  ~~I don't think you did anything outright illegal~~ (edited, see overcomebyfume reply), but depending on the schools administration you could be in trouble for violating some kind of school policy (or some interpretation of school policy)


Title: In-Laws bought an $1800 mattress from a huge department store chain, paid off the credit card they used immediately, but store hasn’t delivered after 4 months. Next course of action?

Question:
Hello all,

I’m sort of stuck right now because I know this large national department store doesn’t care enough that they haven’t delivered this mattress, because they may go out of business soon (store rhymes with PayJee Cennies). The manager at the store and people at corporate keep saying they will look into it and call back my in-laws but never do. So they also called another location in a bigger city to see if there is anything they can help them with about it, no call back either. They’ve made 20 calls and have very clearly voiced how dissatisfied (pissed) they are but they are a little old-fashioned and while I want to help them make complaints on BBB and other avenues to get it delivered/resolved, it is a sensitive subject and I want to make sure I have info that can help before taking it to them.

So essentially, they are out $1800 at the moment because they paid it off so can’t issue a chargeback.

Is there anything like small claims court, attorney general’s office complaint, or BBB complaint I can do that would make the company deliver the mattress?

Thank you all for any insight.

Topic:
Consumer Law

Answer: Who told you that the credit card company can't issue a chargeback because you paid it off. There's no such rule. Call them ASAP and request a chargeback due to goods not delivered.


Title: My brother's mentally ill wife won't leave their house. (Oklahoma)

Question: [deleted]

Answer:
 > She refuses to leave.

She doesn't have to.  It's as much her house as it is his, and she has every right to be there.

Unless or until he gets a court order - through the divorce, through a restraining order, et cetera - he can't kick her out.Answer #2: As long as they are legally married and she hasn't shown to be an immediate physical threat to anyone then she has just as much right to be in her own home as he does. If he feels she is dangerous he can look into getting a restraining order and/or get her committed again. I feel badly for his situation but i know of no other recourse. Perhaps someone who is an atty can give you better advice since I'm not am atty


Title: Do beneficiaries trump a prenuptial?

Question:
I am getting married soon and my family insists on getting a prenuptial to protect existing assets. As of now, my family is listed as the beneficiary and will most likely continue to be. It's family money, so I don't have a great deal of choice in the matter and I rather just not deal with them.  I'm extremely reluctant to get a prenuptial so I'm wondering if it is even necessary if my family, and not my future partner, is entitled to the assets on the occasion of my death.

Is it possible that a judge could rule in favor of a husband/wife in this instance should the ownership of the money be contested?

I do not have a will at the moment.

Any advice to get my family off my back would be greatly appreciated!!

Answer:
 I think you're confused, but the bottom line is simple. what you own is yours to dispose in any way you want. by will. by prenup. by gift. whatever.

what your parents or whoever owns, or what's in a trust, isn't yours (even if you're a beneficiary) and won't become your wife's in the event of your death.


Title: I had a judgement recorded against me in PA in 2007, am I past the statute of limitations, and is it legal for a law firm to attempt to collect?

Question:
Topic:
Credit Debt Bankruptcy

Answer:
 The statute of limitations concerns the length of time in which legal action can be brought against you.

Legal action was brought against you within that amount of time.

A judgement against you stemming from that legal action can be enforced and renewed beyond the statute of limitations.


Title: Dealership sold me a car that failed immediately

Question:
Hi,

I bought a car about a two weeks ago, 2012 60K miles. I was told by the sales representative that the car had undergone an inspection by the dealership and was in proper working condition. I bought an extended power-train warranty along with the car.

Within the same week that i bought the car it became apparent that it was not working properly. This wasn't obvious from the test drive, but the car starts to show some serious transmission issues after about 20 minutes of continuous use. (in the middle of my morning commute) Naturally i bring it back to the dealership, they informed me that the transmission needed to be replaced. They also informed me that I was somehow out of warranty.

I've spent the past few days telling them I want them to take the car back and return my money because they misrepresented the car to me and I don't particularly trust them at this point. However the most I've gotten out of them is an offer to upgrade my warranty to cover the repair.

Do i have any recourse to compel them to take back the car?

edit: I'm in Washington State

Answer:
 The Buyers Guide sticker is a federally required form that is either checked for "as is no warranty" or "Warranty" and what they are covering and for how long are indicated.  Look at that form in your paperwork and see what they are obligated to do.

Next I would look at the warranty you bought.  The paperwork on the warranty will tell you what's covered.  I can't imagine that a powertrain warranty doesn't cover the transmission.

If you have no recourse with the warranty then I would go with the upgraded warranty to cover the repair.  Dealers almost never take cars back.  Even if they wanted to do so, the paperwork transferring title to you has already been sent to the DMV so it's not as easy as just giving back the keys.

Last though for you...  It's very common for people to trade in vehicles and not disclose issues with the vehicle.  "Ha Ha stick it to the dealer" is their goal but they don't really stick it to the dealer, they stick it to the next guy that buys the car.  Many dealers go over a car and fix issues before it goes on the lot but they aren't going to take every car that comes through the door out on an extended test drive in traffic.


Title: If you sign a rental agreement and your name is spelled wrong can you still be held liable?

Answer:
 Yes, unless its Rumpelstiltskin. Then they owe you their first born.

See Lovings v. Rumplestilstine. Answer #2: Obviously yes.


Title: (Illinois) My landlord charges 40% extra as a "service fee" on our water and electric bills saying it's to maintain wiring, pipes, water heater, etc.

Question:
I signed a lease 3 months ago and have been living here since then.  About 2 weeks ago I learned that the city does a free energy audit where they come out and tell ways to be more energy and water efficient based on your specific situation/home.

The energy audit person said my bill probably can't be reduced much more since X for the bill is pretty normal during this month.  But my bill was almost 150% of it.  I asked for clarification and he showed me the billing history. I wrote down the numbers and looked at them later and noticed that what the landlord bills me is exactly 140% of what the utility company says they charge the house.

The lease says on this issue "Each unit (since it's a duplex!) is individually metered. Landlord will maintain accounts all utility services including electricity, water, sewer and garbage. Tenant will be billed based on metered usage."  I (maybe naively) interpreted that to mean that he was billing us whatever the utility company billed him.

I asked him and he says that he charges an additional 40% as a "service fee" to maintain everything needed for electricity/water including the pipes, the wires, the water heater and so on.

Is there anything I can do about this? I know I should have explicitly asked but even so it seems very shady and (maybe) potentially illegal.

Answer:
 That clearly violates your lease. The landlord is responsible for maintenance of pipes, etc.; if that costs him a lot of money, he should raise the rent when that opportunity presents itself. Any reasonable person would interpret the clause of the lease you quote to mean that the tenant pays only the actual utility bill.Answer #2: Yes, that is illegal.  You should tell him that you will only pay the amount charged by the utility company.  Maintaining pipes and wiring is his responsibility anyway.Answer #3: Are you in Chicago?  There are some very significant penalties for shady landlords there. Answer #4: Ianal - I am a landlord in Wisconsin.

I do not think what your landlord is doing is legal.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2208&ChapterID=62

I'm on mobile but my understanding of the link is that he cannot charge more than what the public utility charges.

Try to negotiate a refund of all overpayments with the landlord. If you don't get anywhere report him.  Try the easiest path first though... Which would be in both your best interests.  You get money back and this idiot gets an education and not reported.Answer #5: Also, tell the other renters about the issue.


Title: iPhone only part of "bundle" and can not be purchased alone?

Question:
I was in a store today that told me they could only sell me an iPhone as part of a "bundle."  I told them I would not open a new line with a tablet with a monthly bill. They said that they could sell me the same "bundle" minus the tablet, but plus an extra $100.  AKA $200 for a phone case and charger.

I do not plan to fight this and am only curious. Is it legal to mandate the sale of other items with a heavily manufacturer protected item such as the iPhone?  They are blatantly trying to make more profit from selling iPhones than was intended by Apple's set MSRP price.

Answer: It's seems perfectly legally but likely against Apple's policies.


Title: Guy said he wants to pursue 'Defamation of Character' because of [40] screenshots of his social media sent to his employer.

Question:
There's a guy on my social media that's been harassing people for years so I went through his post history and took 40 screenshots of him verbally attacking people (them directly, they're even tagged in his responses), attacking groups of people such as black people, immigrants, and women, as well as spreading hate conspiracy theories, using 'sources' accused/sued for racism and/or sexism when he's attacked the related groups, etc. As well as a screenshot of him talking about being fired last year when a previous employer saw his social media account.

I sent these to his employer without a recommendation of anything for them to do with it, the body of the email just says "see attached." They could do with that whatever they wanted, but I wanted them to be aware he was harassing people in the same field as him.

So from there he sent me a message saying he's going to pursue Defamation of Character, even though it's literally all screenshots *of things he's said* not my opinion, not anything I've said, I'm not in any screenshots, etc.

I wanted to know if he's just continuing to harass me or if there's some backing to this.

Answer:
 he can sue but i doubt he could win. bring in some of the ppl he harassed to the jury and he'll be sunk.

this is if he has the money after his employer fires him...
these suits unless it's small claims can get really expensive.Answer #2: He can sue you you but in these cases the truth is the best defense. If all you did was provide unedited screenshots of his posts then you didn't defame him.


Title: Can a judge do this?!?

Question: So my boyfriend is 28 and I am 20. He has two children by his ex and currently has custody. A day ago his ex found out we are dating and called an emergency “hearing” accusing him of being a predator because of the age difference and the fact that we met when I was 17. (We did not physically meet until after I turned 20)  The judge said it was “inappropriate” for my boyfriend to date anyone more than five years younger than him and have custody of the girls and basically told him it was me or the kids. I just don’t see how it can be legal for a judge to give that kind of ultimatum when we’re both consenting adults and his children are well taken care of. My boyfriend’s attorney said not to fight it, because it will just prove his ex’s point, but we’re both devastated. Can a judge make you choose between keeping custody of your children and being with someone you love?

Answer: A family court judge can do basically anything they want (I had one decide an adult client of mine could not drink anymore.  Ever.  In her life.  Regardless of if the kid was around or not.) Your remedy is to appeal their ruling.


Title: I am the primary on my now ex-girlfriend’s car. Both of our names are on the loan & I am selling it. Loan balance is ~$14,000 and KBB gives me a ~$6000-$7000 value. Can I do anything to hold her responsible for paying the loan as well? Small claims? [TX]

Question:
Pretty much the title. I was dumb and co-signed on a now ex’s car three years ago. I finally have it in my possession and I am wanting to get rid of it. I am prepared to have to pay off ~$7,000 after I sell it if the KBB value is correct; it would just be a giant inconvenience for three-ish more years.

We are both on the loan. Is there anything I can do to hold her liable for any amount or am I stuck paying the $7,000? Is small claims feasible or a waste of time?
Topic:
Other Civil Matters

Answer:
 Both of you, separately or collectively, are responsible for paying the loan off. The bank isn't going to discharge the loan without the money, and they don't care who pays it to them.

Now, the *second* question is whether you can reclaim that money from your GF. Which you can if you can prove that she was supposed to pay for the car and that that arrangement still stands. Also, you'd have to collect, which would require her having the money. And, since Texas is a hard state to forcibly collect a debt in, she'd pretty much have to give it to you voluntarily (or move out of state).


Title: Epidural Complications

Question: [deleted]

Answer: Spinal headaches are a known complication of epidurals.


Title: [Florida] My girlfriend is worried about being forced to be the legal caretaker of her mother

Question:
Right now she is living with both of her parents and they are disabled. Her mother is a drug addict who has been deemed unfit to live on her own. Her fathers health is deteriorating. She is very worried that if her father dies, she will be forced to become her mother's caretaker.

Is it possible to force anyone to take care of their parent?

Right now she is adamant about moving out of the house before her father dies so she can try to avoid being her mother's caretaker. Would living in the same house with her mother for some time change anything regarding her responsibility as caretaker?

Thanks

Answer:
 You can't force someone to take care of another.

It'd be no different if she lived with you for an extended period of time and then you got I'll from drug abuse.

Edit: Words


Title: Mom caught my 14 y/o sister inappropriately Snapchatting. Upon further investigation, i am very sure it is an adult man. Please help.

Question:
My mom took my sister's phone some time in the last week and discovered some saved messages on her Snapchat from some guy, just a username, no display name, like people you know, usually a first name or whatever. Anyway, when she told me about it she said the messages were worded in a way that seemed like something an adult would say, not a teenager. Using words like "erotic" and making sure she knows to hide what she's doing.
I'm 23 (f), and I've been on that side of the phone before. I did stuff similar to this at her age. There's a naive sense in which you discuss these things at this age, as opposed to someone who has been around the block a couple times.
Anyway, my best friend added him as a friend and apparently this guy is an adult. Now, I still haven't talked to my sister. I'm sick. I don't know what to say to her. A survivor of rape myself, I'm terrified of so many things. But I know I need to weed out more details. I just need to know what to do. I know she has probably deleted those ignorantly saved messages by now. Snapchat by default deletes everything forever, according to their legal jargon on their website. It says to alert authorities, which I plan to do. But what do I do? What do I have against this person without messages or pictures? Should we coerce him into meeting and bring the police? Please help me. I'm sorry if this seems scattered. I was already a little exhausted before finding this out and now I tossed through some nightmares last night and am still pretty emotional. So I don't want to make any sudden moves either.  TIA.

Answer:
 > Should we coerce him into meeting and bring the police?

What? No that's not how it works. That's crazy Batman stuff.

Your mother can report it to the police.


Title: Will my friend get sued?

Question:
One of my friends wanted to illegally stream the Mayweather vs McGregor fight so they signed up for this website called mcgregorversusmayfeather.com. It asked for his full name and email address and said they would e-mail the password for the streaming link a day before the fight. Now he's super freaked out and scared that he will get sued because he suspects the website was a scam. Will he get sued by UFC?

I live in canada

Answer: Your "friend" should just not click the link nor watch it (illegally).  He's more likely to contract a virus on his computer than to see the fight or be sued.


Title: (FL) I own a bed & breakfast , a guest had an allergic reaction to soap and wants to sue me.

Question:
Yes, I have insurance and I've contacted them, they said to call back after I've been served. I'm just trying to figure out if a judge would take her seriously. She's claiming health issues and emotional distress.

Anyway, a guest had an allergic reaction to the soap we put in the rooms. It's coconut soap, it's stated on the wrapping and the ingredient list.

Since we have a small restaurant I ask about allergies.She never mentioned coconut.

She said that she went to her room to shower, used the soap, went into anaphylactic shock and her husband had to help her use her epi-pen. She didn't tell me about this until they left and wanted their money back(*cough* scam *cough*).

So think they'll actually try to sue for this? Would a judge believe them?

Answer:
 Chiming in as a medical student here. If someone has an anaphylactic period strong enough to warrant the need for an Epi-Pen injection, they would need to visit the hospital afterwards. You don't inject with an Epi and then just sleep it off to spend two weeks at a B&B. The medical basis is that whatever triggered the shock might be in the blood long enough for the epi pen to wear off and then retrigger the shock. Which is why you need 12-24 hours of clinical monitoring to make sure you don't end up dead.

Edit: Source here: http://www.webmd.com/allergies/understanding-anaphylaxis-treatmentAnswer #2: I would not respond to them and wait. If they do sue you  (which is unlikely) hire a lawyer. Answer #3: Just make sure you have a detailed time line of events of everything during their stay.  You don't want to get tripped up down the road because of a foggy memory.  Don't ignore anything.Answer #4: I'm not a lawyer, so I'll just ask a question that might give the smart people here something more to go on.

Did they get their money back? If so, did they say anything about additional damages or claims then?Answer #5: It doesn't sound like you are liable to me, and even more unlikely that she could get emotional distress.


Title: Louisiana Excessive Dorm Inspection

Question:
I am in my senior year in college living on campus and the housing administration has the residential assistants doing room checks at least twice a week and they never leave notices. I know that I signed a contract stating that (see bottom quoted text). Talking with the person in charge of my particular building, who I am close with, they say that its being pushed from the housing director. The insinuation is that they do the room checks mostly to generate revenue from fines for generic charges such as trash in room.

Are these actions going past the scope of the housing agreement?

"Occupants of residential areas shall permit ______ University and , its agents and employees to
enter all student residences for any reason the University deems reasonable. Reasons for entry include, but are
not limited to, for the purpose of maintenance, inspecting the facility, preventing waste of utilities, leaving notices,
stopping excessive noise, enforcing University rules and regulations, and ensuring the safety, welfare, and
comfort of all students and the University. The University reserves the right to utilize canines for inspections of all
living areas and student parking areas in the residential complex. "

Answer:
 >Are these actions going past the scope of the housing agreement?

Nope.


Title: Rent check bounced. Can I be evicted?

Question: So My rent check bounced. I watch my account like none other and was waiting for my rent check to clear. There was going to be 3 dollars in my account after rent cleared. I checked the account on the 8th and still hadnt hit. (Pay rent on the 1st). I got paid on the 9th and it had cleared along with my check depositing. I check the account this morning and I see the check vleared on the 8th and then returned on the 9th and I have a bounce check fee. As soon as I noticed I texted the landlord (its 4am so he wont see it for a long time)  stating I noticed the check bounced and that I apologize and have a new check for the rent plus 100$ late fee. I know for a fact it will clear now but we are on a month to month lease and Im terrified that hes going to evict us now. We have rented for 3 years with only 1 other issue with rent caused by a post office screw up.

Answer: It's a possibility but unless you're a shitty tenant I think it's unlikely a landlord will evict you after 3 years just because you were a few days late with rent and even informed him of the problem.


Title: Is it possible for someone to file a trademark infringement at Instagram at get my name?

Question:
Hello, I have had my Instagram account for at least 6 years now. I was not very active, but I started using it nowadays. But since I have a very old nickname, which is just a single word with no numbers or anything, it is very demanding. I get at least 2 people a month contacting me if I can give them my account.

But today another user contacted me and he basically told me he is creating a trademark on my name with his lawyer and he wanted me to give him my account now for $20, or he will get it from instagram once he is done with the trademark.

Is it possible for him to get my account from Instagram even though I had it for a long time (even though not very active) and even though his "business" which is game controller modifications has nothing to do with me taking my personal pictures?
Topic:
Intellectual Property

Answer: He is blowing smoke. Ignore him.


Title: My girlfriends brother just "kidnapped" his daughter because the mom was doing meth.

Answer:
 1.  Delete this post.

2.  It very much depends on the prior custody situation.  It's not considered unacceptable if there is no court custody agreement.  If the court gave custody to her, though, then there is going to be trouble.

3.  Hire the best lawyer you can afford, preferably licensed in both states, and get to work.Answer #2: As a starting point, we need to know if there is a child custody agreement in place and what it says.

But first thing in the morning, I'd go have the kid do a pee test and a hair follicle test and a child forensic interview at a child advocacy center. Then, make a report of harm with the child protection agency in the child's home state.

If you don't get any evidence of meth use, or disclosures of meth use from the kid at the interview, your brother is in big trouble if his custody agreement doesn't say it's his turn to have the kid and that he's allowed to leave state with the kid.

There's just so much to know in this circumstance. Really, your brother's best bet is to go see a lawyer in the morning.

Answer #3: His best course of action would be to hire a lawyer ASAP, cooperate with the police when they arrive (and they WILL), and refuse to say ANYTHING to ANYONE regarding this without his lawyer clearing it first.


Title: Neglect in hospital in Kentucky

Question: I need help my grandmother is in end phases of life but she is being neglected she has a Bedsore that is from the back to the front and then they left the catheter in so long that the front is swollen shut and they can’t get another one and I’d assume she is completely infected her arms are busted open and bleeding I’ve been there and no one is moving her from off her back so she get off that bed sore I love out of state she’s been in hospital 14 days I’ve only been here the last three I don’t know what to do can someone please help point me in the right direction I am trying to get her moved to another hospital but so far no luck.

Answer:
 I would start by contacting adult protective services at 1-877-597-2331. Or you can file [online](https://prdweb.chfs.ky.gov/ReportAbuse) 8:00 AM-4:30 PM Eastern Time. If she is on medicare, you can file a complaint about the quality of her care [here](https://www.medicare.gov/claims-appeals/file-a-complaint/filing-a-complaint-about-your-quality-of-care).

Have you talked to a supervisor or charge nurse at all? Have they given you any excuse or plan for her care? Is she in a nursing home or actual hospital?Answer #2: Not an attorney, but I do work in a hospital.

Does the hospital have a patient advocate, or similar position? This would likely not be a clinician (in other words, not a nurse or physician).

If not, I'd try escalating it to a hospital administrator. Someone in quality control and/or risk management may need to hear about this.

If you're not getting traction, discuss lodging a complaint with the Joint Commission. Answer #3: If she is in end stages of life, has she been made "comfort care" only?


Title: Wondering if the law can pursue fines and court costs on family when the defendant committed suicide?

Question: The charges were dui for marijuana and possession of paraphernalia. Montgomery County PA

Answer:
 If you're considering suicide, OP, don't do it. Answer #2: Death of the defendant stops criminal cases cold. The whole thing dissipates. There can be no fines or court costs. Answer #3: Suicide is a permanent solution to a temporary problem. If you are considering this OP please call a crisis helpline.

http://www.suicide.org/hotlines/pennsylvania-suicide-hotlines.html


Title: My college is taking me to court. Now what?

Question:
They found me. I don't know how, but they found me. Today, for the first time in my life, I've been served a court summons. I'm scared, and I don't know what to expect (or even what to do). I don't have a lawyer, but I'm about to start looking for one.

*Note: I currently live in Saint Louis, Missouri. This situation, however, occurred in Chicago, Illinois.*

#The Setup:
- In August 2010, I started attending a private college in Chicago, Illinois for one semester. I didn't like it, and did very poorly from an academic standpoint. Total cost (incl. room and board): $15,800.
- The cost of the schooling was substantial, and was being paid for via a student loan though FAFSA (U.S. Government). It was a "Parent Plus" loan, which my parents signed off on.
- At the end of the term (December 2010), I withdrew from the college, and the school provided me with the paperwork necessary to cancel my enrollment. One of these items was a "Loan Adjustment Request Form." This form would later go on to cause this entire situation.

####[[Here is the form the school requested I complete.](http://i.imgur.com/QoFUWsg.png)] [[Link](http://i.imgur.com/QoFUWsg.png)]

#The Smoking Gun:
- At the top of said form, it states: "If the loan has already disbursed, the borrower may cancel a loan within 30 days from the date the student was notified it disbursed to the student’s account."
- I placed a checkbox under "Cancel" for the Parent Plus loan, for each of the semesters (including the semester for which I was already enrolled).
- The document was signed and dated in December 2010, nearly four months after the disbursement of the student loan. (Remember, according to the form, "a borrower may cancel a loan within 30 days [of disbursement].")

#The Outcome:
- The school did, in fact, cancel my student loan — including for the semester for which I had already completed... leaving me with a $15,800 bill on my student account.
- The school refused to issue transcripts, allow re-enrollment, etc. until the debt is paid off, despite their having cancelled the loan when the money was already in their hands months in advance.
- The debt went to a collection agency, of which I could not make realistic payments towards. ("We'll settle this for the low, low price of only $12,000 instead... deal?" Their words, not mine.)
- And now today, I've been served with a summons to return to Chicago (next week, in fact). I currently live in Saint Louis, Missouri.

####[[Here is the first page of the summons.](http://i.imgur.com/ADK85yc.png)] [[Link](http://i.imgur.com/ADK85yc.png)]

My question is... where do I even begin? What do I do? I drive to Chicago and do what exactly? I don't have this type of money to be spending. Do I hire a lawyer? Do I have a case because of the wording on that document? Do I file for bankruptcy? (Note: the debt isn't actually a student loan anymore, so perhaps it could be discharged through bankruptcy?) I just don't know.

Any words of wisdom would be appreciated. Thank you.
Topic:
School Related Issues

Answer:
 > Do I hire a lawyer?

That would probably be a good idea, yes.

> Do I have a case

Likely not.  You agreed to pay for one semester, you didn't pay for one semester, so you owe them for one semester.  That final amount is up for debate.


Title: My friends drive with person on car roof.

Question:
Im living in Sweden. And everyone involved in this is over 18 years old.

First thing I need to say is that this is real, I don't make this up.

My friends have this guy that they often take late night drives with and on these drives they tend to do some of the most stupid shit i've ever heard of. The new thing right now is that they drive with one person on the roof of the car. How they do this is that they take a blanket and put one end on the each side of the car doors and then close them. Then the person on top holds tight to this blanket. Last night they went speeding on the Highway 120 km/H (110 is the speed limit).

Now to the actual question. If the person that is on top of the car falls off and probably dies, who will be responsible and who can the police charge?

Answer:
 I lived through this, except it was my brother who was riding on the hood, fell off, fractured his skull and died. Owner of car was 19, driver was 17. No criminal charges were filled, though detectives did extensive interviews. I don't remember if the driver received tickets (probably). My father later sued but settled because 1) the life of a 15 year old isn't worth much and 2) his heart wasn't in it and he didn't want me, my sister and surviving brother to testify and relive everything/deal with a cross. Really it was just teens being stupid and not thinking of the consequences. Most of us survive, my brother didn't.

This was in NYC in 1985 so results may vary today.

OP - tell your friends that unless they want to destroy the "guy's" family forever, to stop this BS.


Title: Parents forcing me [M18] to take an evaluation that I don’t want to take.

Question:
    With the emergence of problems and school and mental health issues, my parents wanted to know whether or not I have autism.  They told me that they wanted me to take the eval and that they would pay for it.  I, however, do not want to take the evaluation, and I told them as much.  I told them that because I am 18, I’m old enough to decide for myself if I want to be test.  When I told them this, they demanded that I take the test and said that they could force me to take it as my legal guardians.  Is this true?  Can they force me to take the evaluation even though I’m 18?  And what are my legal rights?  This is in the US by the way.
Topic:
Disability Issues

Answer:
 You have no legal guardians at 18, unless a court has determined that you can't take care of yourself.

You can refuse to take the test.

Your parents can evict you from the house and stop supporting you.


Title: Dog poop issues in Michigan

Question: I'm in an apartment and the neighbor above me lets their dogs poop and pee on the wood slat balcony.   I have discussed this with the apartment manager who has done nothing.  So my question is:  Is there any local/county/state organizations that can aid me in getting my neighbor to not let their dogs defecate above my living room window?

Answer:
 My first recommendation would be to press harder with the property manager. I know that mine would evict someone over this. If they are just the manager and they don’t do anything, try to get in touch with the owner of the building and inform them of how their management is handling tenant issues.

Have you tried talking to the dogs owner more? At this point you have every right to be a dick about it until they stop.

If the animal feces are landing on your balcony and they are hitting something you own I believe you’d be able to get the police involved as it would be considered property damage. Answer #2: Have you talked to the neighbor?


Title: Help mip weed

Question: [deleted]

Answer: Well duh you're not going back. You're going to go home, tell your parents what happened, and beg for their solidarity should the police come asking for you. If that happens you don't answer any questions or give any statements without an attorney present and advising.


Title: (USA) My boss said I quit even though he fired me.

Question: [deleted]

Answer:
 Believe it or not, employers try this shit all the time when employees try to claim unemployment benefits.  The departments who handle unemployment are pretty good at sniffing out BS.

File for unemployment.  If your employer contests it then he will have to provide evidence that you quit or were fired for cause.


Title: [PA] Filing a restraining order on brother that stole and copied license, violent abuse for years, and threatens life.

Question:
Hello r/legaladvice

Recently my brother has taken my license without permission from my wallet and scanned it. I have since retrieved my ID after I had gone through the process of paying for and acquiring a duplicate. I don't know why he needed my ID, and he will not reveal his reasons either.

I fear he may be stealing identities.

A bit of background: He has owned four cars these past 10 months (as well as two MacBook pros, an iPad, and three Galaxy S7 phones simultaneously among other expensive items) without having a steady income. I have previously asked him directly how he affords these items or where they came from, and he always dodges the question. I've asked my parents what he does, and they don't know either. Suspiciously, he consistently gets speeding or parking tickets and always pays them off without batting an eye.

Back to topic: I confronted him about my stolen ID on social media (as far as I understand, PA is a two party consent state, and the very act of commenting online mean he knows he's being recorded) and he still would not reveal why. We got into an argument, and after an exchange of insults, I said "If you died [before me], I would not mourn you. If I died [before you], you are not welcome to my funeral." And he responds "Rest assured you'll die first." I asked if that was a threat, and he dodges the question by assaulting my character.

More background: I'm 21, and my brother is well over a decade older (I stopped caring about his exact age long ago). Ever since I could form memories, I was terrified of him. I had our middle sibling, our sister, to defend me sometimes but she couldn't always help.  When I was 5, he would asphyxiate me by smothering me with his palm if I wanted to watch a kids show. When I was 6, he'd wring my throat if I couldn't find his pen (I'd find a pencil instead, and that was grounds to punish me). When I was 7, he'd swing me around by my feet into furniture because he thought my screams of fear were cries of laughter, and my shouts of STOP were yodels of joy. At 8, we had a pet dove name Bella that he drowned in our kitchen sink, his excuse being he was cleaning her and she drank too much water. Interspersed were even more periods assault that I could go on and on about, but this isn't supposed to be therapy, just show you the kind of deranged person he is. Our parents turned a blind eye to most of it. The one time we got him to go to therapy was days before he turned 18, after which the therapist said she couldn't make him see her because he was legally an adult and didn't want to go anymore. This continues until my high school days were he can't physically harm me anymore without retaliation, so he switches to psychological torment - I couldn't even adjust myself midsleep without him bolting to the door shouting at me for making such a ruckus, and sometimes when I'm not fully asleep he comes into my room and just... Stares. This guy has problems, but he always seems to evade any sort of paper trail of his behavior. And to this day, we live under the same roof.

Back to topic: Knowing his instability, and knowing he has vaguely threatened me, and knowing he has several weapons (swords, daggers, rifle) scattered throughout the house, I fear for my safety. He's currently in another country so I have a short time before disaster strikes, but I am terrified for my life. What can I do to keep him away from me?

Answer:
 Pull your credit report.

If he stole your ID and you think he's using stolen identities to pay for his life, it would be very smart to check that he's not sticking _you_ with his bills. If he is, then a police report is in order, as well as disputing all of the fraudulent entries you find.

You can try to file for a restraining order - it's even possible one would be granted. You can report your suspicions about his finances to the police - and [to the IRS](https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity), since failing to report illegal income is _also_ tax evasion. Extravagant spending is often how that's caught. You could do all three.

However, the single most effective thing you can possibly do, entirely by yourself, is move.


Title: My son fell in a hole in the backyard of a rented property

Question:
My daughter ran screaming into the house from the backyard today. All I heard was “my brother fell in a hole and I can’t see him”. She was freaked out so I ran out back with her. She pointed me to part of the yard where a 1x1 hole was (was turf before). I looked in, saw my 4yo son standing 3 feet below, reached in and yanked him out. I’m still freaked out because I thought a sink hole had swallowed him.

This is in the back yard of a place I rent. How do I ensure the property manager deals with this in a way I feel comfortable with? I rented the house in part because it had an awesome backyard, but I’m not letting my kids back there until I feel it’s safe.

Answer:
 Have you tried asking? Answer #2: In your lease, who is responsible for maintaining the yard?

How did the hole suddenly show up?  Was it a sinkhole, did a big rock shift, were your kids digging...?


Title: [MI, USA] Out of twenty employees, three of us were permanently laid off and all shared one thing: we were the only ones that used FMLA last year.

Question:
I worked at a local branch of a fortune 500 company for almost five years and was unexpectedly laid off. They said it wasn't due to performance reasons, but because the branch was experiencing poor sales.

I don't understand why I was selected. I had great performance reviews in the past and should've asked, but I was in complete shock and couldn't think straight. Later I learned from a coworker that two others were also let go. It just recently clicked that all three of us were the only ones to have taken FMLA leave last year for a long duration. All three of us were able to do our jobs well, but still had some health issues.

It just seems too weird of a coincidence. They have also hired one person a few months back before we were let go, who then took part of our job responsibilities. Also, the operations manager's boyfriend has filled my position as a temp. Does this sound like a case for violating FMLA rights of some sort?

Answer:
 I think this does indeed sound like a reasonable case to file a claim: 1. Three people laid off, 2. Three people who have used FMLA, 3. The ONLY people to take FMLA in the workplace, 4. Both old and young workers, 5. Excellent  evaluations in a layoff alleged to be based on performance.

This is my area of expertise and if I represented employees I would take a case like that. It seems the only logical explanation is FMLA retaliation. Keep looking for a good employment attorney. Good luck.Answer #2: I agree that this is too strange to be a coincidence. Do you know if any of the retained employees also took leave under FLMA, and/or if there is anything else that might link you and the other two terminated employees?


Title: [Australia] Loved one has died and estranged parent has lodged an application to the coroners office for an autopsy and that the body not be cremated. This is against what the family (who did have something to do with the deceased) have planned. What can be done?? All advice welcome.

Question: Any help or advice would be appreciated - this is already distressing enough without having to deal with a disputes over the body.

Answer: Is there a will? If there is no will, it is usually next of kin who decides on how the body is disposed of. Parents are usually up there on the list unless there was a spouse.


Title: Friend was caught drinking on a beach illegally, used her sisters ID to get around the fact that she is underage, now she is being summoned to court for drinking on the beach, but they dont know the ID she used is her sisters! What can she do?

Question:
Okay, so trust me I know she is completely stupid for doing this, and I chewed her ass out already. But let me elaborate on the story a bit more. She got caught drinking on the beach, didnt want them to realize she was underage so she used her over 21 sisters ID who looks just like her. They BELIEVED IT but she got summoned to court because drinking on the beach is illegal. Now she has no idea what to do. Try and go to court as her sister (fucking stupid) or just fess up that she passed herself off as someone else, and beg for forgiveness? When she talks to her attorney should she tell him everything?

What the hell are her options? Is she completely fucked?

EDIT:
Her location is Hawaii.

Answer:
 The sister will need to go to court, since the charges are against her.

She'll need a lawyer.


Title: [advice, WA] Neighbors parking in my spot and blocking my car in my driveway. What do I do?

Question:
I live in a studio in a small college town. Lots of partying. My neighbors (upper duplex unit, I am lower unit) are those who party. Nothing wrong with that.

I have called noise complaints due to the fact they have such loud music and stomping I have pictures falling off my walls. Even had a mirror fall and shatter and almost killed my cat. They came down and harassed me all night after their party was shut down and banged on my door yelling. They got tired at the fines they had to pay and wanted to work it out. The deal was I text them every time they are too loud to turn it down. It's worked until about a few months ago. Now every weekend they blocked the entire driveway (they park on their side, I mine) with their guests cars and drive home drunk. They even hit my car.

I have security cameras now. But the parking is an issue. They are blocking me in as we speak. And I've almost been late to an important event because I was blocked in. My landlord does nothing. Tried to let them resolve it multiple times and they don't give two fucks. They told me last week that if I have a problem anymore to call maintence night line and he will call a tow truck. He didn't do shit tonight.

What can I do? I'm sick of this. I should have access to my car 24/7 and not have my car blocked in. Tried calling police but they don't care since its private property. And I cannot call a tow truck because the landlord has to. And the landlord won't. I need help. Thanks. I'm in Washington state. Let me know if you need more clarification.

Answer:
 First, make sure that you are documenting all this.  Email the manager about the inaction tonight.  Try and get everything through him or her just so it's not only your problem.

However, If you have a copy of the lease with a section that addresses parking and the fact that you have access to the driveway or parking spot you're parked in, you don't need the landlord to call towing, you can do it yourself.  Just have a copy of the lease and some ID ready to go when they show up.  Answer #2: > and drive home drunk. They even hit my car.

I would take down the make, model, and plate # of every guest car and call the police. Tell them that your neighbors are having a house party, and ask they station squad cars to catch the drunk drivers as they're leaving.

I'm guessing they won't be too keen on returning to future parties after they've all gotten DUIs. Answer #3: Bad neighbors and bad landlord. If you have the means you should move. Answer #4: I am incredulous about the whole tow truck not coming thing. That's easy money for them. Why is your landlord saying he won't call the company? In any case document instances of being blocked in and your effort to get your landlord to move those cars. Him not doing anything is likely justification for you to break your contract (assuming it's yearly since you're in a college town) and move. What does your contract specifically say about parking?


Title: I’m wanting to sell homemade kombucha to coworkers and friends. My husband is worried that if someone gets sick from drinking said ‘booch, that we could be liable. I’m not concerned about the safety of the product, as I drink it myself regularly and take all reasonable precautions during fermenting.

Question: Just wanting to know how this would even work if someone were to claim to get sick after drinking something I sold them. Again, I wouldn’t share something with others if I wasn’t sure it was safe, but I want to make sure my hubby can rest easy and allow me to start selling our kombucha.

Answer: Yes, if you started selling it you could be legally responsible for someone getting sick.


Title: [Texas][Med] Fired after being assaulted at work, other employee is not.

Question:
Hello everyone, back in September I was employed by an electrical contractor doing work on a school campus. The incident itself amounts to me taking a shovel to do the job I was supposed to do and another employee taking exception to this (There were literally two shovels, and an excavator he was using at the time.) So he follows me as I am walking away shovel in hand, and attacks and throws me to the ground.

I have video evidence of the assault itself, but unfortunately the officer who responded was part of campus police for the school district which is an extension of the city police so they have jurisdiction. I say unfortunately because this officer wrote down that the fighting was 'mutual', something that is contradicted by the video itself. I tried to contest this with the department to no avail. They basically said they wouldn't change it. (I am in the process of filing a complaint against the officer)

Now my question is this: I signed a 'Compliance Understanding Form' with the company which is not a contract exactly but states that "Serious or flagrant violations of the safety rules will result in immediate termination."

I was terminated (My pink slip says physical altercation with coworker), and I found out a week or so ago that the other employee is STLL employed with that company, even though the police report I have states the fighting was mutual. Do I have any legal recourse against either the company or the employee themselves?

This has set me back both financially and mentally, as I was working there under an electrical apprenticeship which I can no longer participate in. The IBEW did nothing to back me up, they basically just covered their own ass.

Any help/advice would be greatly appreciated, thank you.

Answer:
 IANAL

The company isn't obligated to fire anyone. They picked his side over yours.

You can file a police report for assault. If you're not happy, reach out to the DA's office ask why charges for assault haven't been filed, but it could backfire with you both getting arrested and tried.

If you were only thrown to the ground, it's unlikely that it's a big enough deal for them to do anything, especially since you weren't injured.

If you have any medical or hospital bills, you can try and sue him for those.Answer #2: I'd consult with a personal injury attorney. The attacker has some significant liability in intentional tort. Whether he owes you for the lost job is harder to say. I would not be surprised if the answer was he has some liability for that, too. Answer #3: I'm wondering if you can sue the guy that attacked you for the loss of the job.

Ianal.Answer #4: Why haven't you shown the video to your former supervisor or anyone at work?

You're trying to go through the police to get your job back. Why? They can't do that. Email the video to your old boss or HR or whomever fired you.


Title: I filed an I-130 so my wife could live in the US with me. Our relationship has fallen apart and i'm not sure whether or not I should withdraw my support for the petition. (California)

Question:
My wife and I made the decision to get married so that we could stay together and build a life with one another. She is from France, so I had to file an I-130 in order to get her green card process started.

Long story short; she was hedging her bets with our marriage by beginning a separate love interest. I found out and now our relationship has fallen apart.

We are still in communication. We no longer live together (she wont tell me where she has moved to, but I know we still live in the same city). She has an under the table job so she can support herself well enough for now. She desperately wants for me to not withdraw my support for the I 130 because she fears she would lose her job and probably be forced to move back to France.

At this point I am %100 certain that I do not want to repair the relationship. We are still married, but we both know the marriage will not continue. The only reason we haven't gotten a divorce yet is because it automatically nullifies the I 130. I haven't filed the I-864 (which would make me financially obligated to support her), and I've made it clear to her that I am unwilling to do so under any circumstances.

I would much prefer to not have her in my life at all after what happened, but I don't want to leave her stranded either because she may come after me for alimony or something if I dont do what she wants.

At this point, does she still have a potential path to citizenship without my support?

Is it legally risky to stay married under these circumstances? If so, what are we risking?

Am I just being a sap by not straight up cancelling my support for the I 130 and immediately filing for a divorce?

TL;DR
My wife cheated on me after I began my support of her green card process. I'd like to know what I should do regarding pulling my support for the green card process and getting a divorce.

Answer: Consult with a divorce attorney if you feel that divorce is the appropriate course of action. No one here can tell you whether or not you *should* divorce her. People divorce all of the time, even for a less significant reason than adultery.


Title: [NV] If someone pushed the weight down on me while I was bench pressing, could they be charged with attempted murder?

Question: So let's say I was bench pressing a heavy amount of weight, like 200+ pounds, and some random guy came over and fucked around and pushed the weight down on me or pressed it down against my chest, could they be charged with attempted murder?

Answer: Probably not. Maybe assault. Did this happen to you or is it just a weird fantasy?


Title: Missing $357.00 from Walmart

Question:
My lease ran out and I chose not to renew, For the last month of rent they required a cashiers check or money order. I went to Walmart during my lunch and paid $1,357.00 for the money order. The man passed me a receipt and money order, I signed the receipt,  passed it back and went on my way. From there I went directly to the apartment complex, filled out the money order and turned it in.

The apartment complex has notified me that I was short $357.00 but they took it from my original deposit. Seems strange to me but given the fact that they let me stay an extra two weeks for my other place, I let it go.
They provide proof that the money order I turned in was only for $1,000.00. My bf then took a copy of it along with a bank statement back to Walmart to show that I was shorted. Turns out they have a limit of $1,000.00 per money order and should have given me two.
I stayed on the phone with my bf and stated that a second M.O. was never handed to me. Walmart rewinds the tapes to see and said that not only did I get two but filled them out on the spot.
I know for a fact that isn’t true b/c I wasn’t sure if I should put the Management co. name of the apartment complex name on the M.O.
Secondly, this is my first time learning that M.O.s have a limit. So how did I receive something I didn’t know existed?

What is my next recourse? I know I should have checked before signing but I know I never got what I paid for in full.

I called my bank but since its a M.O. they said there isn’t a whole lot they can do. Can’t it be verified that the second M.O. was never cashed?

Also, I think my flair is right?? Pls lmk if its not.

TL;DR - Im missing $357.00 in a money order from Walmart that I purchased. Walmart says I received it and there is nothing else to be done.
Topic:
Consumer Law

Answer:
 Do you have your receipt from Walmart? It may be tough but you might ask them to see the video. I’ve showed customers video in cases like this, if what they’re saying is true.

Walmart should be able to give you the MO number and you should be able to verify if it was cashed or not. If they’re saying they gave you the money order they should have no issues giving you the tracking number. They’re required to hold them a minimum 6 months.

You could also try calling their corporate number and pushing through there. They should be able to view the video too, in case the store is hiding anything.

Other than that, if what they say is true, you may not have any recourse. They could have told you there’s a $1k limit but there’s some personal responsibility in there too. Check with all your receipts, you may have folded it up and tucked it away.

Or, you may have gave it to the landlord blank and they took it on their own.


Title: [ND] Violent Ex Husband Broke Into My Apartment- Landlord says I'm responsible for damage caused by "guests"

Question:
I left my violent ex husband in May and moved into my own apartment. Our divorce papers were notarized in early May, but the state/judge didn't sign off until the first week of June.

&#x200B;

On Memorial Day weekend, my husband and his brother came to drop off our 2yr old child. He insisted that our divorce contract gave him the right to "see my apartment". It absolutely does not say that. It  says that we cannot enter each other's residences unless invited. A brief argument ensued, and he became extremely agitated. He said he would call the cops, and I suggested that he should (I knew he had no legal standing).

&#x200B;

I felt very unsafe especially since his brother, who is normally very level headed, was siding with him. I attempted to return to my apartment, but he followed me and shoved me out of the way once I unlocked the apartment lobby door. I ran past him (while carrying our terrified, screaming toddler), and tried to get back into my apartment. He sprinted after me while calling me names and saying that he would catch me because I couldn't run fast while carrying our child.

&#x200B;

I ran into my apartment unit, but I wasn't able to close my apartment door all the way, and he kicked it open. The door swung open so hard that the handle punched a hole all the way through an adjacent door. The adjacent door was for a coat closet/laundry room. He then began to punch and kick me while I was holding our child.

&#x200B;

I was absolutely terrified, but I was able to do a hand strike to his throat and push him out so that I could close and lock my door. He fled the scene, cops came, he's been charged, but not sentenced.

&#x200B;

I notified my property manager and they replaced the damaged door. This week, I got a letter from the property manager saying that I would be charged an extra $150 on this months rent due to the damage to the door. The letter said I was responsible for damages that were caused by "neglect and carelessness."

&#x200B;

I emailed them back, explaining the situation and resent the letters from the state prosecutor/victim witness coordinator. They then replied via email saying that all tenants are responsible for any damage caused by their "guests".

&#x200B;

I don't understand how that is considered a "guest", especially since he is being charged with criminal trespassing.  They told me to talk to a lawyer if I disagree, but I am very tight on money as I am still paying off attorney fees from the divorce.

&#x200B;

What are my options in this scenario? If I want to go to small claims court, how do I actually do that? Do I even have a case?

Answer:
 1.) Protective order. Now. No waiting. Let the charges, etc play on their own timeline.

2.) Emergency Mod to Custody. Also have your lawyer pursue public exchange at the local Police Station.

3.) You owe the landlord. "guest' is semantics in this context. Look to victims assistance or sue your ex in small claims to recoup the money.Answer #2: Your landlord is technically correct - You are liable to him. Though you can certainly sue your ex for the damages as well, since he is ultimately liable due to his actions. It sucks, but the landlord has no relationship with the ex, nor a right to possession of your home (even though he owns it, he gave that to you in the lease).


Title: Teenager gave marijuana to underage girlfriend, facing felony (ME)

Question:
My girlfriend and I both have high amounts of depression and anxiety. We were parked in a residential area with the music too loud smoking weed. After a noise complaint, a policeman showed up and brought us back to the station. I was VERY high and had less than ~.8g of weed left. My girlfriend was let go without repercussions.
After riding in the police cruiser in front of a big, loud, scary dog, the officer brought me in to see my parents. I was VERY baked and my anxiety was in full swing. Manic screaming, crying, hyperventilating, etc. The officer went through my bag and found medical marijuana bags. I had taken these bags from my friend (Let's call him Dave) because I needed something to put my crutches, roaches and kief in and they didn't have any plastic bags. They told me that if I didn't tell them names, I could be charged with a felony for distribution to a minor. After much crying, high me somehow decided to tell them that I bought my weed from Dave. This is not true. I only had the bags because I needed them for storage. I had already given them the name of my actual dealer. They told me that they could still give me a felony, but they were going to wait until the DA had weighed in on it. They said not to tell anyone anything, or else I would get a felony for sure.

So now I don't know how to retract that statement without sounding like I'm covering up what I said about my friend. I was heavily under the influence of marijuana, there was a big scary dog, and I was having the worst anxiety attack of my life. Now I haven't slept or eaten for days because I told them I bought from my friend. Even if I dodge the felony, my best friend could go down for something he is innocent of.

I'm really, really scared and would love some advice.

TL;DR: 17 yr old shared pot w/ 17 yr old gf, in high panic attack falsely ratted on best friend

Extra info: I am undiagnosed with any mental illnesses, but I have a doctor's appointment tomorrow to look into it. My girlfriend has diagnosed clinical depression and anxiety. In the state of Maine, medical cards cannot be given out to anyone under 18. After 18, they are not given out for anxiety or depression. Only chronic pain, PTSD, cancer, glaucoma and other "more serious" matters.

Answer:
 It's not medical marijuana if you:
--don't have a prescription
--don't even have a diagnosis

That's just regular weed.  You were just smoking regular weed.

Also, you weren't having an anxiety attack.  Anxiety attacks are when the brain malfunctions causing the person to feel extreme panic, fear, anxiety, etc. *with no explainable reason*.  You were being arrested.  Your brain *was* responding appropriately to the situation.  You were just panicking.  Cognitively, your brain was working overtime trying desperately to respond to a high-stress/danger situation and the effects of your intoxication were preventing the proper responses, causing the brain to go overboard and continue to trigger stress responses.  That's completely as designed, as expected behavior.  Let's not pretend that was you went through is in any way comparable to me laying in bed, safe in my own home, perfectly sober trying desperately to convince my brain I'm fine.

Save the diagnosis and medical prescriptions for an actual doctor.  Do not bring this line up in court until you get an actual diagnosis from a medical professional.  Spoiler alert: if you panic while high, your doctor will likely recommend you stop smoking.

Edit:  Sorry the dog was scary.  Unfortunately, big, scary dogs are not legally actionable.


Title: Capitol Gains Tax for Moving for Work on House That was Both Rented and Used as Primary Address [NC]

Question:
I'm looking for some advice where to find information about this topic. I am moving for work (promotion in the same company to a different state) while this house is my primary residence.

I've owned the home since March of 2015. I lived in it until June of 2016 (I stayed in the house some from June-September and I Airbnb'd sometimes when traveling for work.) From October 2016 to September 2017, I full-time rented the house out and lived elsewhere. In October I moved back into the house, only to get a promotion.

Overall, from March 2015 until January 1st 2018, I will have lived in the house for

* 2015: 296 days

* 2016: 213 days

* 2017: 92 days

I'm wondering

* Does moving for work from a house you currently live in, but had rented in the past, qualify at all for capitol gains exclusion?
* Do the occupancy days aboce qualify for the 2 out of 5 years clause for excluding capitol gains tax?
* If not, how do I calculate my occupancy? Does it start from when I close my house, or by calendar year (ie does my year in the house start January 1st, or March 10th)?
* If I do not meet the 2 of 5 year requirement, but can get a partial exclusion, do I calculate my time in the house over the entire period I owned it, or just over the past 2 years?

Is there somewhere I can find this information laid out? I've found a lot of articles that help explain the concept, but I can't find one for my specific case. Any help is appreciated!

Answer:
 You must've used the house as your main home for a total of 24 months in the 5-year period preceding the sale. Based on your current count, it doesn't seem like you meet that requirement. You should count every day the house is your main home--including days you're *temporarily* absent, even if you rented it out during that time. Count the days you actually use it as such, not when it was bought or sold.

If you don't meet that requirement, you can still qualify for a partial exclusion if your move is work-related. In your case, your new workplace has to be at least 50 miles from your own workplace. You calculate the limit by taking the smaller of:

> * The number of days (or months, if you prefer) your home was your residence during the 5-year period leading up to the sale.

> * The number of days (or months) you owned the home leading up to the sale. (If you are married and filing jointly and your spouse owned the home longer than you did, use your spouse's ownership period.

Divide the number you get by 730 days (24 months), and then multiply that by $250,000 to get the limit of your exclusion.

For the full information, see IRS [Publication 523](https://www.irs.gov/pub/irs-pdf/p523.pdf). It's got everything you need to know. Do note it has not been updated for tax year 2017 yet.


Title: [MA] The owner of the Subway I work at takes all the money from the tip jar at the end of the day. Is this illegal/can I do anything about it?

Question:
Hello r/legaladvice.

I worked at the Subway in my home town over the summer. At this Subway, the owner had a Subway tip jar that people would occasionally leave their change in. If two people were working, they would just split the tips themselves when their shift ended.

Fast forward to one month ago, I'm a student at college two hours away from home, and I got a job at a different Subway (different owner). During my first shift, I asked my coworker how they split the tips at the end of the day, to which he replied, "We don't get the tips, they all go to "store owner's name."

Is there anything illegal about this? I've done some google searching but couldn't really find much info. If there is something illegal about this, what would I be able to do about it? Thanks for the help.

Answer:
Illegal under MA and federal law.  Tell him to stop. If he doesn't, report it to the corporate offices. If it doesn't stop and you don't get your past tips back, file complaint with the state labor dept.  If you get fired, apply for unemployment benefits and appeal if they deny you.

http://www.mass.gov/lwd/labor-relations/

http://www.nolo.com/legal-encyclopedia/massachusetts-laws-tipped-employees.html

>Under Massachusetts law, only wait staff, service employees, and service bartenders may participate in a tip pool, and only in proportion to the service they provided to the customer. And no employers are allowed in the pool: Tips from a tip pool can't go to the employer or to any managerial employee.Answer #2: Yeah, the store owner is breaking the law unless they are giving the tips to their non-managerial employees.  They are allowed to check amounts for tax purposes though.


Title: TX: College cancels welding classes on me, I ask for refund and drop. They un drop classes and place me in incompletes then proceed to say I never asked for drop or refund.

Question: I have email evidence of them running me around the bush and not dropping me after I asked to be, even an email or my advisor saying I was dropping. Then now they say I never asked for drop or refund. They are threatening to give me an F, and if I were to drop now I'll only get 25% of my money refunded. Even though I had asked yo be dropped well over a month ago. Their policy says they can only refund me 25%. Tomorrow I will be forwarding all the emails yo the college president. Is there any legal help I can receive for this situation?

Answer:
 Every school has a posted - either online or in the student handbook or both - the required actions you need to take to drop a class or withdraw.  What does your schools withdrawal policy say?  Did you follow it?  If the answer is no I'm not sure you have an avenue here unless you have emails where they tell you they they will drop your class for you and there's nothing else you need to do.

Escalating isn't a bad idea - but you will get more traction if you try a more steady escalation.  Is there a Dean of Finance?  I'd go there before the president.  Be polite and concise when you explain your position.


Title: Old roommate was totally radio-silent for 7 months about all our bills and then two before our lease ended, hit us with all 7 months of utilities at once. To further complicate things, I am leaving the country for 3 months in September. (IN, USA)

Question:
Some background:
---
*Myself, Roommate X, and Roommate Y lived in a 3 person house until our lease ended today (7/26/2017). This problem is with Roommate X.
*Roommate X had verbal agreement to file utilities under his name.
*Roommate X has been incredibly inconsistent with payments since January of this year.
*Adding to this, numerous times our internet, gas, and wastewater were threatened to be canceled because he changed cards at some point and forgot to update the utilities accounts with new information. The only way to get him to handle these things was to tape the bills to his door, since texting and calling had no effect.
*Myself and Roommate Y had paid utilities using Venmo in very haphazard amounts. (Paid a small amount in August, regular amount in Sep, Oct, Nov of last year. Got hit with a $200+ utility bill in January, which I paid grudgingly.
*Utilities were not included in our lease. The lease does not specify that each of us is required to pitch in (only that "the Lessor will furnish the utilities at his expense". "his" is singular in all instances).
*Roommate X has rarely been in the house since the beginning of the summer. Oftentimes came back at 12-2AM (I was still awake at that time).
*Not only has X been troublesome with utilities, but for much of June and July he did not pay rent. We had gotten to the brink of our realtor filing eviction before he finally settled things with them.
*Roommate X has multiple sources of income, both a GI bill from a family in the military, and a decently lucrative research position. Of the three of us, he is by far the most financially stable.
*Lastly, he has been a fairly unpleasant roommate. His room was an absolute mess, and smell almost like fertilized mulch by the end of the year. The smell leaked out to the rest of the house. When he used the kitchen, albeit infrequently, he left it an absolute mess, with grease on every surface, piles of dishes in the sink, etc. It was not a good situation.

The situation:
---
At the start of the year, Roommate X had an unfortunate falling out with myself and Y. Soon after, he dropped off our radar: not replying to texts, rarely replying to calls, and only popping in to fix issues with utilities payments, mentioned above.

Not only did he go silent, he also stopped giving us utility bills. Y and myself lost track of what we owed him, and the only time we saw our bills were when they came in the mail. This wouldn't have been too much of an issue, except these bills often were for multiple months of unpaid utilities, and figuring out how much each of us owed after the massive utility payment in January was an exercise in futility.

Two days ago, right before our lease expired, he hit myself and Y with a request to keep our portions of the security deposit ($600 each) as payment for utilities for those months. Roommate Y tore into him, demanding the receipts for the utilities before any payments are made (he is far more confrontational that I am, I have yet to respond to any of these happenings).

Then, today, we were emailed a zip file of all the digital receipts, and X has stated the total as upwards of $750 each. For all intents and purposes, it appears that he expects a single lump sum from each of us.

To add to the complexity of this, I am set up for a trip abroad in September. My tickets have been purchased, visa acquired, the works. I will be gone until late December.
-----
Now the problem: I don't want to pay 750$ in one go. In truth, the thought of paying him at all makes me really, really mad. While I technically have it within my budget to do so, this all has my skin crawling. Y and I literally BEGGED X to give us the bills for MONTHS so that we could pay them, and got nothing for our troubles. Now he's trying to get it all at once since he's finally decided to get around to it?

$750 is a lot of money, something I would consider worth bringing to a small claims court over. I am primarily worried about this. What are my options at this point? Y is immensely skilled at being petty, and has decided to pay X back over the course of a year in <$5 increments. I have also considered telling X that I will pay him back in 7 months, the same amount of time he ignored our attempts to keep this simple.

Ideally, I'd rather not pay at all, but I worry that this may come back to me and my family in a bad way. What are my options in this situation? Any help would be appreciated.

Thanks.

Answer:
 You owe the money.

You knew he was racking up utility bills, didn't follow through with what you owed, and didn't budget accordingly.  If you know you owe a bill and that person doesn't tell you what you owe, you should have taken matters into your own hands and changed ownership of the utilities.

You can negotiate with him to get a payment plan, or have him sue you.

Not paying at all is not an option.


Title: [California] Police Officer used excessive force on me and blames me for an injury now wants pain and suffering money

Question:
I'll try to keep this as short as possible and before I begin, I want to thank everyone for reading this.

Almost 2 years ago I went to a small party with some friends. Everyone was under the legal age to drink, 17-19 years old. My friend gets kicked out and gets the cops called on him by the neighbor. I come out to help him before the cops come and of course they arrive as soon as I step outside. I had a few drinks at that time and obviously a little drunk. I questioned the officer for why he is detaining us. There are 3 of us including myself. We are all seated. I deny to show him my license because he wouldn't answer my questions.

Eventually another cop arrives. The first one goes in front of me as I am seated on the sidewalk. At the same time the 2nd one goes behind me on the sidewalk. The cop in front pats my pants down. As soon as he stops I am thrown to my side, as I am still seated. The one behind me grabs my arms and twists them around to cuff me. I did no resist nor was I asked to stand or told I was going to get arrested. They both pin me down. They then pick me up. The original officer is holding me as the one from behind who cuffed me is laughing and joking at me.

I am brought to the police car and the original cop then tells me I injured the cop who cuffed me from behind.

I had one witness who was sober. I remember everything as I wasn't too drunk.

I went through months of court through the criminal side with a public defender. On the day of trial the opposing party offered a plea bargain. I was facing jail time for something I did not cause or do so it scared me. I chose to take the plea despite my confidence. The plea was to do 300 hrs of community service, pay fines and fees, and worst of all victims restitution. The officer never pursued restitution through the criminal side.

A few months later I receive word from his attorney for his "injuries". After a few letters back and forth and they didn't respond. 3 weeks ago I was sent a demand for a settlement of $220,000 or they will file a lawsuit. I am 20 yrs old, no job and I go to community college. I have no money. Neither of my parents can afford a lawyer to help. My Dad says my only option is to defend myself and since I have a witness we should be good, however I think otherwise. I don't know what to do right now. I have no money for a lawyer and think itll be hard to find free legal advice, help, opinions or anything.

what should I do if hiring a lawyer is out of the option? obviously I will mostlikely have to defend myself, but what about pro bono?  Worst case scenario they win and now I am scared the rest of my life afterwards will be slaving myself to pay a debt that should of never been thrown at me. Had the officers asked me to stand and arrest me then it would of been a drunk in public to say the least.

EDIT: Was 19 yrs old when it happened, almost 21 now.

Answer: You can dispute the damages then go to court where the judge or jury will decide the issues. You need to hire an attorney unless you think you can navigate a civil lawsuit yourself. If you lived at home with your parents they may have had homeowners insurance to cover everyone so that may be a way to settle the lawsuit. A lawyer will be able to advise you what options you have to deal with this lawsuit.


Title: Manager just threatened to fire anyone who talks about employee wages.

Question:
This mornings meeting was interesting. We are about to hire a new person and the rumors going around is he’s going to be making more than any of us that have been here for years, so you can imagine people aren’t happy. Manager basically said he’d rather work alone and fire everyone that talks about what they make for wages. We’re a small crew (less than 10) and about  5 of us have had it. I am thankfully owed two weeks vacation (Maine).

How illegal is that to threaten that? If I get fired for “taking about wages” can I fight back? Collect unemployment? If I walk out and they don’t pay me vacation is that easy to fight? I guess I just want some input on the situation. Thanks guys!

Answer: Discussing compensation is generally protected by federal law. See https://www.nlrb.gov/rights-we-protect/rights/employee-rights for other employee rights.


Title: Law Related to Firearms and Marijuana (Florida)

Question: [deleted]

Answer:
 yes. yes. yes to maybe.

the gun becomes illegal soon as you're in possession of the drugs/paraphanalea. as for the maybe, it depends if they establish constructive possession or not.


Title: Transmission Of HIV

Question:
So this actually is a situation I am currently in, within the state of Minnesota.

A girl I became physically involved with had a past partner that was HIV positive.  She was tested and came out negative.  I knew that from the start.   Her and I began a relationship together that included sex.  We used protection.  I caught her having sex with her previous HIV positive partner without protection while her and I were together.  In the event I have contracted it, is this a criminal act?

Is it a criminal act for them to simply have sex without protection even with both parties knowing he is HIV positive? Neither takes steps to protect her from contracting it.   i.e. Along the lines of willful spreading of a deadly disease

Topic:
Criminal Law

Answer:
 jesus. dump her fast. She's sleeping with someone she knows is HIV+ without protection? That woman is all kinds of crazy. Get yourself and your junk as far away from her as you can.

And please tell me you've (a) gotten tested and (b) are abstaining from sexual activity while waiting for the results.

And good luck man.Answer #2: Here's the language from Minn. Stat. § 609.2241:

>A person who knowingly harbors an infectious agent commits a crime – which may be prosecuted as an assault, murder, attempted assault or attempted murder – if the person transfers that infectious agent by: (1) sexual penetration with another person without having first informed the other person that the person has a communicable disease; (2) transfer of blood, sperm, organs or tissue (with some specified exceptions); or (3) sharing nonsterile syringes or needles for the purpose of injecting drugs. It is an affirmative defense that the infected person took practical means to prevent transmission as advised by a physician or other health professional or is a health care provider who was following professionally accepted infection control procedures.

It doesn't specifically state HIV in there, but further reading provided that:

>HIV is not specified in the statute, but “communicable disease” is defined as a serious disease or condition that is spread in the same ways as HIV.

So them having sex, unprotected, not a crime.  Her having sex with you, also likely not a crime unless she knows that she is HIV positive and doesn't tell you that.

You would conceivably have some civil recourse for personal injury if you contracted the disease.


Title: [Texas] The restaurant I work at keeps receiving calls from someone who asks a lot of sexual questions - it's disgusting, and my manager said I'm not allowed to call the police about it.

Question:
I sincerely don't understand this. It's causing me a lot of distress, as I work alone most nights with a cook, who is always in the back - I'm in charge of answering the phones in case it's a togo order. This has been happening for the better part of a year now, and she refuses to do anything about it, because "it shouldn't bother you that bad - just hang up the phone". Based on some things from my past, I can honestly say this is just not something I can "get over", and seeing as how the calls are happening more frequently and with grosser questions, I would really, really, REALLY like to get the police involved to stop them.

Is she allowed to tell me I'm not allowed to call the police, and that it has to go through chain of command? She said she was going to talk to her big boss, but I don't think it ever happened because the calls are still happening.

Any suggestions would be appreciated. Thanks, everyone.

Answer:
 Nobody can prohibit you from calling the police.Answer #2: Nobody can prohibit you from calling the police. In fact, if they take the phone from your hand while you are calling, they can be arrested in some states for 911 interference.

Your best bet is to take a log of the following things:

Date phone call received

Time phone call received

Phone number (if you can see one)

What was said by the subject

Document. Document. Document. Once you have a considerable amount of information, call the police. If your boss fires you, you have all this documentation of the harassment and the news would LOVE this story.

Answer #3: Isn't this considered sexual harassment?

It fits every definition I've seen, and it is so persistent and severe that it could be considered a hostile work environment. The fact that management has done nothing about it can also be a factor.

Hope someone more knowledgeable can comment on this. Answer #4: Frankly, unless you love every other aspect of your job, I'd start looking for employment elsewhere.  If someone's unwilling to let you contact the police, why do you want to work with them/in that environment?  Additionally, contact the "big boss" directly if you don't believe she has been contacting him.


Title: Suing a judge and or a county

Question: Here is the complete story. A person broke into my home and stole money from my wallet, my iPhone and my car. I played a direct role in the arrest of this person. This person for whatever reason, was released from jail. He didn’t post bond, the judge let him walk on her own discretion. Now, facts are, this person knows where I live, knows I put him in jail, and was not happy about me putting him in jail, AND THE JUDGE RELEASED HIM. This happened last week. Tonight, I saw him not 200 yards from my house. He recognized the car and I saw him reach for something in his waistband when he recognized me. (Side fact: he was also accused of stealing two handguns on the same night he stole my car. The guns were never recovered) I drove away as quickly as I could and am currently at home alone fearing for my life. I called the non emergency line and reported this. I will not sleep tonight. Do I have a case against either the judge or the county for negligence? The judge’s discretionary decision directly put my life in danger. Nobody from the court or the sheriffs office even informed me that he had been released. I found out through a chance encounter with someone that also knows the perpetrator. TLDR; a judge made a decision that put my life in danger, can I sue for negligence?

Answer: No.  Judges have absolute immunity from civil suits for decisions made in performance of their official duties.


Title: Landlord charging 3k for an apartment fire with minimal smoke damage. Any way to get the amount reduced?

Question:
Accidental kitchen fire left residue in 2 rooms. They were repainted by a company for ~2k. I said I would wash the walls by a certain date for a discounted price(around 300 less), they came over before the agreed upon date and started without speaking to me. They painted for 1 day and charged 2000$ for 2 rooms?

The above is more understandable than what my landlord did afterwards. He charged 55$/h for 10 hours of "labor" Which is him driving to Home Depot (which is 5 min away) to get some finish for a door. He charged us 700$ for replacing a 30$ door. There has to be some way to call BS on this right?

Any help on what to do here would be very appreciated, I realized I messed up but I don't want my roommates to have to pay for what I have done.

Edit:Rentar's insurance deductable is 5k

Answer:
 The company the landlord hired was probably a professional fire remediation company not just someone slapping some paint up.

I would think most if not all complexes and many of not most smaller landlords would require this, not DIY.

The legalish advice is to travel back in time and buy renters' insurance. Answer #2: Just contact your renter's insurance, they will pay.


Title: Can my half-sister force me to sell my inheritance? (San Antonio, TX)

Question:
Fifteen acres of land (of a 37 acre property) was left to me by my father. My half-sister, we'll call her Sue, contested his will on the basis that the land wasn't his to give away since her mother died without a will. (Pertinent Texas probate law states that if a spouse dies without a will and has children with someone other than the surviving husband, her interest in the estate is passed to her children; in this case that's Sue, her brother, and half-brother.) The latest hearing ended with a judge decreeing that I, Sue, and her brothers would have joint ownership of the 15 acres (50% ownership for myself, 50% ownership for Sue and her two brothers.) At the time another sister, we'll call her Penny, was wanting to pursue a terrorist clause that in the will stating anyone named in the will that contested it loses their inheritance. Sue was left other property in the will.

I hadn't heard anything until Sue called me saying they were going into arbitration to force a sale of the 15 acres; I old her I don't want to sell. It should also be noted that the 15 acres is still part of the 37, hasn't been surveyed/split, and is still in my father's name. The executor of his estate, Penny's mother, lives on the property, maintains it, and has been paying taxes for the 37 acres until last year. Sue calls and tells me I need to pay my share of the taxes on the property or I'm going to lose my portion. I respond by telling her that I don't own any land to pay taxes on, and if she is agreeable to the split of the property I will pay for a surveyor to survey 7.5 acres and the county tax assessor can determine what I owe on my property. There was some back and forth between Sue and her brothers, I assume, and last I heard from them before today they were asking me if I wanted to buy their share. I declined. Then today Sue asked me for my address. I asked her why and she stated her lawyer needed it. I told Sue I'd get back to her with an address of an attorney she can use. As of now I know that I want a different attorney than the one that represented me during the previous court proceedings (as I was not satisfied with him) but have yet to select one as of yet.

The property is in Comal county, Texas.

Some questions:

What is the best course of action? (I want the property split so that I may eventually build a home on it; I absolutely do not want to sell)

Can she force me to sell my inheritance?

Am I legally responsible for taxes on land that isn't in my name?

Should I look for a specific type of attorney? (probate vs real estate?)

Edit: Formatting

Answer:
 Can I ask why the question of the property wasn't settled when your step mother died? Answer #2: >What is the best course of action? (I want the property split so that I may eventually build a home on it; I absolutely do not want to sell)
Can she force me to sell my inheritance?

Possibly. It depends. You want a partition--that means splitting up the land. It's more common to force one party to sell their share to the other, but only because it's not always feasible to divide the lots (i.e., one lot would be landlocked or unusable or something).

>Am I legally responsible for taxes on land that isn't in my name?

Yeah possibly. I'm confused why the land hasn't been distributed yet, following the order. You should talk to the executor directly--or your lawyer should talk to theirs.

>Should I look for a specific type of attorney? (probate vs real estate?)

This isn't that uncommon of a situation for either type. There's a lot of overlap because of the exact issues you're seeing here, so I'd try to find someone with experience in both.


Title: I am worried about someone in a home who I fear is facing emotional abuse from parents.

Question: A girl that I met who is living in the UK (I live in Canada) has been sending me messages on how her mother has been emotionally putting her down, ranting at her for basically anything, confining her to her room (what's worse is she has mild autism from what I know and all this emotional abuse from her parents is hurting her) I have contacted the Norfolk Constabulary and they say that she needs help from a trusted adult, I have handed over evidence of screenshots of her telling me of the issues and what I have been told over calls, but her mother has been grooming the police into believing her. I am looking for what I can legally do next from Canada, any help please...

Answer:
 You are a 3rd party with 0 evidence this is actually happening and it happening how she is portraying it.

You can encourage her to speak to a trusted adult at a school, but legally you cannot force any action.