Home | Community | Message Board

Avalon Magic Plants
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: Left Coast Kratom Buy Kratom Extract   Unfolding Nature Unfolding Nature: Being in the Implicate Order   Bridgetown Botanicals CBD Concentrates   North Spore North Spore Mushroom Grow Kits & Cultivation Supplies   Original Sensible Seeds Autoflowering Cannabis Seeds   PhytoExtractum Kratom Powder for Sale

Jump to first unread post Pages: < First | < Back | 132 | 133 | 134 | 135 | 136 | 137 | 138 | 139 | 140 | 141 | 142 | 143 | 144 | 145 | 146 | 147 | 148 | 149 | 150 | 151 | 152 | Next > | Last >
InvisibleDiploidM
Cuban


Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Ask a defense attorney [Re: Enlil]
    #21487099 - 04/01/15 10:29 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
InvisibleDiploidM
Cuban


Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Ask a defense attorney [Re: Diploid]
    #21487127 - 04/01/15 10:36 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
InvisibleEnlilMDiscord
OTD God-King
 User Gallery


Folding@home Statistics
Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
Re: Ask a defense attorney [Re: Diploid]
    #21487146 - 04/01/15 10:40 AM (8 years, 9 months ago)

Quote:

Diploid said:
Then what's the point of a "durable" POA?


Durable just means that it remains effective even if the grantor is incapacitated
Quote:


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 yourself
Quote:



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.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


Extras: Filter Print Post Top
InvisibleEnlilMDiscord
OTD God-King
 User Gallery


Folding@home Statistics
Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
Re: Ask a defense attorney [Re: Diploid]
    #21487196 - 04/01/15 10:51 AM (8 years, 9 months ago)

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.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


Extras: Filter Print Post Top
InvisibleDiploidM
Cuban


Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Ask a defense attorney [Re: Enlil]
    #21487209 - 04/01/15 10:54 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
Offlinefuzzysig
user

Registered: 10/21/11
Posts: 422
Last seen: 3 years, 3 months
Re: Ask a defense attorney [Re: Diploid]
    #21490746 - 04/02/15 12:28 AM (8 years, 9 months ago)

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


Extras: Filter Print Post Top
InvisibleEnlilMDiscord
OTD God-King
 User Gallery


Folding@home Statistics
Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
Re: Ask a defense attorney [Re: fuzzysig]
    #21491212 - 04/02/15 06:53 AM (8 years, 9 months ago)

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.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


Extras: Filter Print Post Top
Offlinefuzzysig
user

Registered: 10/21/11
Posts: 422
Last seen: 3 years, 3 months
Re: Ask a defense attorney [Re: Enlil]
    #21493148 - 04/02/15 04:58 PM (8 years, 9 months ago)

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


Extras: Filter Print Post Top
Anonymous #76

Re: Ask a defense attorney [Re: Enlil]
    #21496850 - 04/03/15 03:11 PM (8 years, 9 months ago)

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.



Extras: Filter Print Post Top
InvisibleEnlilMDiscord
OTD God-King
 User Gallery


Folding@home Statistics
Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
Re: Ask a defense attorney [Re: Anonymous #76]
    #21497043 - 04/03/15 04:12 PM (8 years, 9 months ago)

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 claim
Quote:



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.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


Extras: Filter Print Post Top
OfflineGTH007
Stranger
Registered: 04/13/14
Posts: 136
Last seen: 8 years, 9 months
Re: Ask a defense attorney [Re: Enlil]
    #21514303 - 04/07/15 10:09 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
OfflineGTH007
Stranger
Registered: 04/13/14
Posts: 136
Last seen: 8 years, 9 months
Re: Ask a defense attorney [Re: GTH007]
    #21514305 - 04/07/15 10:10 AM (8 years, 9 months ago)

Any tips, advice, loopholes well appreciated.


Extras: Filter Print Post Top
OfflinepoofterFroth
Feel Like A Stranger
 User Gallery


Registered: 03/15/14
Posts: 1,012
Last seen: 23 days, 7 hours
Re: Ask a defense attorney [Re: GTH007]
    #21515602 - 04/07/15 03:58 PM (8 years, 9 months ago)

Tip: Don't get busted doing stupid shit.


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


Extras: Filter Print Post Top
Invisiblestevo

Registered: 04/11/05
Posts: 5,100
Re: Ask a defense attorney *DELETED* [Re: poofterFroth]
    #21515873 - 04/07/15 04:49 PM (8 years, 9 months ago)

Post deleted by stevo

Reason for deletion: .


Extras: Filter Print Post Top
OfflineD.M.T
Shroomery Contaminant
Female

Registered: 10/31/09
Posts: 10,991
Loc: In your brain
Last seen: 4 years, 1 month
Re: Ask a defense attorney [Re: stevo]
    #21515893 - 04/07/15 04:54 PM (8 years, 9 months ago)

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?


Extras: Filter Print Post Top
Invisiblestevo

Registered: 04/11/05
Posts: 5,100
Re: Ask a defense attorney *DELETED* [Re: D.M.T]
    #21516055 - 04/07/15 05:30 PM (8 years, 9 months ago)

Post deleted by stevo

Reason for deletion: .


Extras: Filter Print Post Top
OfflineD.M.T
Shroomery Contaminant
Female

Registered: 10/31/09
Posts: 10,991
Loc: In your brain
Last seen: 4 years, 1 month
Re: Ask a defense attorney [Re: stevo]
    #21517517 - 04/07/15 11:13 PM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
InvisibleDiploidM
Cuban


Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Re: Ask a defense attorney [Re: Enlil]
    #21527450 - 04/10/15 05:47 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
InvisibleLunarEclipse
Enlil's Official Story
Male User Gallery

Registered: 10/31/04
Posts: 21,407
Loc: Building 7
Re: Ask a defense attorney [Re: Diploid]
    #21527545 - 04/10/15 06:45 AM (8 years, 9 months ago)

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.


Extras: Filter Print Post Top
InvisibleEnlilMDiscord
OTD God-King
 User Gallery


Folding@home Statistics
Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
Re: Ask a defense attorney [Re: stevo]
    #21527655 - 04/10/15 07:43 AM (8 years, 9 months ago)

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.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


Extras: Filter Print Post Top
Jump to top Pages: < First | < Back | 132 | 133 | 134 | 135 | 136 | 137 | 138 | 139 | 140 | 141 | 142 | 143 | 144 | 145 | 146 | 147 | 148 | 149 | 150 | 151 | 152 | Next > | Last >

Shop: Left Coast Kratom Buy Kratom Extract   Unfolding Nature Unfolding Nature: Being in the Implicate Order   Bridgetown Botanicals CBD Concentrates   North Spore North Spore Mushroom Grow Kits & Cultivation Supplies   Original Sensible Seeds Autoflowering Cannabis Seeds   PhytoExtractum Kratom Powder for Sale


Similar ThreadsPosterViewsRepliesLast post
* Bitcoin as a payment option for shroomery muh 285 3 12/25/11 09:43 AM
by yutaka
* Shroomery payment security Anonymous 92 1 06/24/11 04:28 PM
by snoot
* Secure Payment Method For Online Purchase live_fast 272 5 05/30/09 02:59 AM
by 2859558484
* making my payments untraceable western union Anonymous 295 4 08/29/09 03:37 PM
by oxalic32
* so if i want to recive payment on the net.. giz 882 10 06/06/06 07:28 PM
by tonyperez420
* Spore Payments evilhomer 593 3 12/19/07 12:23 AM
by johnm214
* Question about small-claims court
( 1 2 3 all )
c1dh3d 701 47 12/07/10 03:38 PM
by johnm214
* my friend was served. anyone have experience w this? Anonymous 407 17 08/05/13 03:45 PM
by Enlil

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, Alan Rockefeller
154,245 topic views. 0 members, 1 guests and 1 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.036 seconds spending 0.012 seconds on 15 queries.