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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#21487099 - 04/01/15 10:29 AM (8 years, 9 months ago) |
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The POA will become ineffective at the time of his death
Then what's the point of a "durable" POA?
The smart thing to do is to have him execute a quitclaim deed
Is an attorney required to execute this or can it be signed/notarized without a professional?
Also, would this require approval from the mortgage company or does the mortgage company even have to be informed?
If he executes a quitclaim, the family can find out about it if they check public records.
If they find out, how could they use that knowledge to defeat it?
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Diploid]
#21487127 - 04/01/15 10:36 AM (8 years, 9 months ago) |
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One last thing. The Wiki entry for quitclaim says:
Quote:
if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can only receive the interest the grantor held at the time the transfer occurred
I read that as if there is $1,000 equity at the time the quitclaim is executed and when he dies the equity is $50,000, then the grantee gets only $1,000 and the family can still take the rest of the equity that accumulated AFTER the document is executed.
That doesn't really accomplish our goal. Or am I misunderstanding something?
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#21487146 - 04/01/15 10:40 AM (8 years, 9 months ago) |
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Quote:
Diploid said: Then what's the point of a "durable" POA?
Durable just means that it remains effective even if the grantor is incapacitatedQuote:
Is an attorney required to execute this or can it be signed/notarized without a professional?
You can get the form at an office supply store, most likely, and do it yourselfQuote:
Also, would this require approval from the mortgage company or does the mortgage company even have to be informed?
The mortgage company does not need to be informed, and the loan stays in the other person's name. Quote:
If they find out, how could they use that knowledge to defeat it?
There's not a whole lot they can do about it, but I don't know the man's motivations for not wanting a will, so I can't guess whether those same motivations would make him want to avoid a public record of the transfer.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#21487196 - 04/01/15 10:51 AM (8 years, 9 months ago) |
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Quote:
Diploid said: One last thing. The Wiki entry for quitclaim says:
Quote:
if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can only receive the interest the grantor held at the time the transfer occurred
I read that as if there is $1,000 equity at the time the quitclaim is executed and when he dies the equity is $50,000, then the grantee gets only $1,000 and the family can still take the rest of the equity that accumulated AFTER the document is executed.
That doesn't really accomplish our goal. Or am I misunderstanding something?
A quitclaim transfers all interest held by the grantor at the time the deed is executed. This includes, of course, ownership interest in the property. Any appreciation in the value of the property would inure to the benefit of the owner. Since the grantee is the new owner, that appreciation is his to keep. The taxes are also the responsibility of the grantee, as is the mortgage. The loan isn't, but it may as well be since the mortgage is, and the loan is secured by the mortgage.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
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Re: Ask a defense attorney [Re: Enlil]
#21487209 - 04/01/15 10:54 AM (8 years, 9 months ago) |
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Thanks!
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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fuzzysig
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Registered: 10/21/11
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Re: Ask a defense attorney [Re: Diploid]
#21490746 - 04/02/15 12:28 AM (8 years, 9 months ago) |
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I have a question about that quit claim.(I belive that what it was called)im assuming that's the only thing that releases interest in property at the time of purchase.
I didn't have a good income history and wouldn't qualify so she had to buy the house with her relative. I signed the documents releasing all interest in property. I still pay half of the mortgage every month but im not on any papers.
in case of a divorce what happends to the mortgage owed is it split and I become responsible for paying half and getting nothing or is she fully responsible for it? in WA state
because I heard according to wa state the mortgage is split and I get stuck with a nice bill and nothing to show for
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
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Re: Ask a defense attorney [Re: fuzzysig]
#21491212 - 04/02/15 06:53 AM (8 years, 9 months ago) |
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The facts aren't clear in your question, but I think you're saying that you and your wife purchased a house, but that you aren't on the loan or deed because you couldn't qualify. Most likely, that makes the house her separate property with her relative. You wouldn't be responsible for any portion of the loan at divorce if it's separate property.
If it's deemed community property, you'll get half of the community property share of the house (likely 1/4 of the total since her relative owns half of the property) and you'd be responsible for half of the community property share of the loan for the house.
The documents you signed are going to likely determine whether or not it is community property or separate property.
Here's a kicker, though: If you get divorced, and it is determined to be her separate property, you can seek to be reimbursed for the half of the payments that you have been making, since separate property is supposed to be paid for with separate funds and not with community property funds. This means that you could seek to get other assets to make up the difference, or even require that the house be sold to get that money back. This would make it a messy divorce, of course, but sometimes that's how it goes.
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fuzzysig
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Re: Ask a defense attorney [Re: Enlil]
#21493148 - 04/02/15 04:58 PM (8 years, 9 months ago) |
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her relative was more of a financial backup. than anything. at least what they explained to us. at that time I didn't know anything about laws now I started researching and got more and more questions lol
im not planning to get money back I consider it as my half of rent as if we were living in a rental house. she says she don't want anything of mine and im cool with that. I don't want to take anything that I didn't pay for either. while I trust to keep my word I don't know if she gonna snap and flip out because of some butthurt or whatever. so im leaning to be ready and somewhat be more familiar with laws jus in case
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Anonymous #76
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Re: Ask a defense attorney [Re: Enlil]
#21496850 - 04/03/15 03:11 PM (8 years, 9 months ago) |
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Regarding http://www.shroomery.org/forums/showflat.php/Number/19973956#19973956
We had 6 months to sue the police. We filed a claim on the last day that we could. We also asked them to send us a letter saying it was not going to be prosecuted.
On the last day, they replied and said they were not going to prosecute us.
Then later that day, they found the letter saying that we had a claim. They sent us another letter, saying that they might prosecute us.
We have 6 more months to file a lawsuit - the deadline is coming up - I have until April 31 to sue them.
Should I do that?
We have contacted several lawyers and none of them want to take the case. Should we sue them without a lawyer? If I do that, what should I expect?
Do I really need a lawyer to sue someone? Or can I just go in there and be like....Police arrested me for no good reason.
They found 30 bags of mushrooms in my car, but none of them were psychoactive, according to their tests. I am a mycologist, not a drug dealer.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said: Regarding http://www.shroomery.org/forums/showflat.php/Number/19973956#19973956
We had 6 months to sue the police.
I think you mean you had 6 months to send a notice of claim. The notice of claim is only required if you're suing under for a tort. If you are suing under 42 U.S.C. 1983, a notice of claim is not required. Since you're in California, you can also sue under the Bane Act, which doesn't require a notice of claim. Either way, the Statute Of Limitations for 1983 or Bane is one year. Quote:
We filed a claim on the last day that we could. We also asked them to send us a letter saying it was not going to be prosecuted.
On the last day, they replied and said they were not going to prosecute us.
Then later that day, they found the letter saying that we had a claim. They sent us another letter, saying that they might prosecute us.
We have 6 more months to file a lawsuit - the deadline is coming up - I have until April 31 to sue them.
Should I do that?
You can, but the facts aren't exactly great for your case, from what I read in your other post. Having said that, there may be details that you didn't reveal. I'd be willing to go over it with you to determine if you have a viable claimQuote:
We have contacted several lawyers and none of them want to take the case. Should we sue them without a lawyer? If I do that, what should I expect?
Do I really need a lawyer to sue someone? Or can I just go in there and be like....Police arrested me for no good reason.
They found 30 bags of mushrooms in my car, but none of them were psychoactive, according to their tests. I am a mycologist, not a drug dealer.
1983 claims should be brought in federal court. If you do that, you should bring the Bane Act claims in the same court. Federal pleading is a bit more strict than Cali pleading, and there are some procedural hurdles that may trip you up. It's possible to handle the case yourself, yes, but it's going to take a significant amount of your time.
Also, if no lawyer was interested, I'm guessing that you don't have much of a claim. The reason I say this is that 1983 and Bane both have statutory provisions for attorneys fees. This means that the lawyers get paid separate, and in addition to, whatever your judgment is. I've heard of 1983 claims with $1000 judgments for the plaintiffs and $400k in attorneys fees. They're lucrative cases for an attorney.
Having said all of the above, If you have a case, you should pursue it. Feel free to PM me the details if you want to discuss it further.
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GTH007
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Re: Ask a defense attorney [Re: Enlil]
#21514303 - 04/07/15 10:09 AM (8 years, 9 months ago) |
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My friends and I got caught smoking in a shed on this field. All charged with(in order of greatest to least):4th degree burglary,trespassing, under 10 grams. Friend A was searched and they found 9 grams hash. Friend B and I each had about 1.5g of weed and dropped it. They found the 2 bags but we had nothing on us when they searched us.
Friend A's court date is before ours on a different date(he's 18).Could Friend B and I both play dumb, and say it wasn't ours,without getting friend A in more trouble even after his court date?(friend B and I are juveniles).
Will the judge or cop have knowledge of friend A's court date and will he use it against friend B and i? Or vice versa. We live in MD.
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GTH007
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Re: Ask a defense attorney [Re: GTH007]
#21514305 - 04/07/15 10:10 AM (8 years, 9 months ago) |
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Any tips, advice, loopholes well appreciated.
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poofterFroth
Feel Like A Stranger



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Re: Ask a defense attorney [Re: GTH007]
#21515602 - 04/07/15 03:58 PM (8 years, 9 months ago) |
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Tip: Don't get busted doing stupid shit.
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stevo

Registered: 04/11/05
Posts: 5,100
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Re: Ask a defense attorney *DELETED* [Re: poofterFroth]
#21515873 - 04/07/15 04:49 PM (8 years, 9 months ago) |
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Post deleted by stevo
Reason for deletion: .
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D.M.T
Shroomery Contaminant


Registered: 10/31/09
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Re: Ask a defense attorney [Re: stevo]
#21515893 - 04/07/15 04:54 PM (8 years, 9 months ago) |
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Summons to court wanting to know why you didn't appear and/or bench warrant, and ~$100 fine and/or a few days in jail if you again skip that. What state?
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stevo

Registered: 04/11/05
Posts: 5,100
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Re: Ask a defense attorney *DELETED* [Re: D.M.T]
#21516055 - 04/07/15 05:30 PM (8 years, 9 months ago) |
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Post deleted by stevo
Reason for deletion: .
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D.M.T
Shroomery Contaminant


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Re: Ask a defense attorney [Re: stevo]
#21517517 - 04/07/15 11:13 PM (8 years, 9 months ago) |
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In Maryland it's a fine "not exceeding $1,000" and/or imprisonment "not exceeding" 90 days.
http://marylandcode.org/gcj-8-504/
http://marylandcode.org/gcj-8-505/
I believe the charge would be contempt of court.
Just fill the form out. If the crime you were convicted of that your on probation for had a possible imprisonment of more than 6 months you're ineligible for jury duty and won't have to serve.
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Diploid
Cuban



Registered: 01/09/03
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Re: Ask a defense attorney [Re: Enlil]
#21527450 - 04/10/15 05:47 AM (8 years, 9 months ago) |
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So I have a warrant for my arrest for something or other. Cops come and knock on the door having looked up my address in DMV records.
Normally, I would refuse to open the door. If they don't see me, I would leave it at that, ignore them while keeping out of sight, and go about my business. If they DO see me, I would tell them through the window that I don't talk to cops, then I would sit with my hands in plain sight and tell them to go ahead and bust down the door if they have a search warrent, otherwise they should go away as I will not say another word without my lawer. Im pretty sure this is a good tactic when I know there is no search warrent.
My question is how would an arrest warrent (not a search warrent) work in this case? Could they bust down the door to get at me? What if I refuse to identify myself or lie that I am not the guy named in the warrent or simply ignore them? What if someone else who is obviously not me (an elderly woman, for example) lies that I don't live there?
In states with Terry laws that require me to give my name on demand when in a public space, can I ignore them when I'm in my home and not give my name?
And finally, if a cop attempts a traffic stop while I am driving close enough to my home to coast into the garage when the cop lights come on, can I finish pulling into my garage and close the door, or am I required to leave my home and show my DL when demanded? If I refuse, can the cop force his way in and demand my DL while I am inside my home?
TIA
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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LunarEclipse
Enlil's Official Story


Registered: 10/31/04
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Re: Ask a defense attorney [Re: Diploid]
#21527545 - 04/10/15 06:45 AM (8 years, 9 months ago) |
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Just a guess, but if they have a warrant for your arrest I would imagine that means they are going to break down the door if you don't come out. It's unrelated to a search warrant other than they are looking for you to take you downtown.
Now, should they find stuff after breaking down your door unrelated to your arrest, without a search warrant, they may not have probable cause to charge you with the stuff they found.
Maybe.
-------------------- Anxiety is what you make it.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
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Re: Ask a defense attorney [Re: stevo]
#21527655 - 04/10/15 07:43 AM (8 years, 9 months ago) |
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Quote:
stevo said: Well so Ive been selected for jury duty notice again. And just like every other time, I tossed that shit in the trash can. My house gets robbed a lot so I could always say the burglars stole my mail or that Ive been out of town. House much trouble could I get into?
Not likely any, but if you are one of the rare people who they go after, you could be fined or even do a bit of jail time.
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