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    Tuesday, February 2, 2021

    Legal Advice - Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.

    Legal Advice - Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.


    Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.

    Posted: 02 Feb 2021 06:24 AM PST

    This is in ND, USA.

    Can the fair market value be determined for the land with and without the junkyard to see exactly how much he has devalued it? Can the uncle be held accountable for the difference?

    The uncle does have an interest in purchasing the land. Can we hold his junkyard property as collateral until he can buy the land at a fair price? Or can we give him an ultimatum to get his (literal) junk off the land or we seize it? And can we give him a stop and desist order to prevent him from adding more to the junkyard? Or even from entering the property?

    The uncle has also blocked the physical path to access other parts of the land for rent and storage by 3rd party clients. Can the uncle be held accountable for that loss of income?

    Wife is also worried about liability of anyone going on the property and getting hurt. Will she be liable and not the uncle?

    submitted by /u/tohlsen
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    Landlord bringing police to Interior Inspection

    Posted: 02 Feb 2021 03:53 PM PST

    I live in Arizona and i received a notice of inspection from my landlord, which is all fine and dandy, no problems there. However, in the notice, the landlord states that they will be conducting an inspection and will be accompanied by my city's local police department. My question is what can happen should they find anything illegal?

    submitted by /u/fliptacos
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    Update: Alcohol at reception for underage bride/groom

    Posted: 02 Feb 2021 09:03 AM PST

    This is an update to a post from a few weeks ago about my under 22 year old niece's wedding she's planning. https://www.reddit.com/r/legaladvice/comments/kui84v/alcohol_at_reception_for_underage_bridegroom/?utm_source=share&utm_medium=ios_app&utm_name=iossmf

    I got a response back after contacting the state liquor control board, which I will copy and paste below. In short, an underage bride or groom cannot legally enter into a contract to pay to have an open bar at their reception, even if there are no plans for them to drink. Thanks to everyone for the advice that got me pointed in the right direction. My niece is going to discuss with the venue two depart contracts, one for the venue and one for the bar. If that's possible, I'm going to sort out being able to contract for a limited open bar as a wedding gift.

    This is in response to your email of January 12, 2021, wherein you ask if it is permissible for an 18-year old to sign and pay for a catering agreement that includes an open bar. It is presumed that the catering company holds a license to sell alcohol in Pennsylvania that is issued by the PLCB.

    Please note that it is the Pennsylvania State Police, Bureau of Liquor Enforcement ("BLCE") and not the PLCB that enforces the Liquor Code and the PLCB's Regulations.

    You are correct that section 493(1) of the Liquor Code, 47 P.S. § 4-493(1), specifically prohibits any individual from selling, furnishing, or giving alcohol to minors or visibly intoxicated persons in any such instances. Therefore, entering into an agreement with an individual under the age of 21 that includes the furnishing of alcohol could be considered to be a violation of this law. A separate contract for the sale of alcohol at the event between the catering company and someone who is at least 21 years of age would be one such way ensure there is no violation of the Liquor Code.

    Pennsylvania Liquor Control Board Office of Chief Counsel

    submitted by /u/Adalaide78
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    Being harassed by realtors. Any legal help?

    Posted: 02 Feb 2021 06:43 PM PST

    My father died about ago. He was heavily invested in real estate and left behind multiple properties which were divided between me, my siblings and my mother. I did not inherit the house in South Carolina. My brother did. I have never owned that house in SC.

    Somehow though some kind of records much have gotten switched up somewhere and I'm getting harassed by real estate investment firms which are convinced that I own the South Carolina house. They have been calling me at 6 am and i get 4 or 5 pieces of spam mail every day. They all offer to buy the house for cash and offer insultingly low amounts of money for it. When I say that I don't own that house, most of the time that real estate agency stops calling me, however there are dozens of these realtors and new ones keep showing up.

    I don't know how in the world these realtors got my name, address and phone number. It shouldn't be connected to the house at all. I have never owned that house. I do now own some of my father's other properties including what was his primary address. I'm wondering if maybe they think that because I'm at the primary address I own the South Carolina house?

    That said I don't really want to shift all of this onto my brother either. He doesn't deserve to be barrage by real estate agents either. I'm wondering if there's some way that I can make it public that I do not own that house without clarifying who does? Or some kind of do not call registry for real estate agents?

    submitted by /u/Sagasujin
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    Tried to serve my spouse with divorce papers but the jail won't allow it due to a no contact order imposed by the court as part of the sentence

    Posted: 02 Feb 2021 09:21 PM PST

    The location for this is Texas/United States Federal. I had originally tried just after she was arrested but when I went to serve her she had been moved from a state to a federal facility and I didn't know that. Then I was more focused on gaining custody of our child and her trials. Now that I have custody and the trials have happened. I'm trying again.

    The timeline is: My spouse was arrested in 2019. She went through 2 trials. One federal and one was state level. The totality of her sentences means that her release date is in 2039. At one of her trials the court ordered she was not allowed to contact me or our child. Like I said I don't have a lawyer of my own and while I don't object to the no contact order the judge and the prosecutor did it without asking me, I found this out when she was sentenced. She was pregnant at the time of arrest and the state terminated her rights involuntarily and I passed all the inspections and checks so I was given custody. Again I wasn't the one who asked to terminate her rights though I don't object or disagree. When I attempted to serve her the jail won't accept. The jail says letting me contact her will cause her to be breaking the no contact order imposed by the court. If she is under their custody they can't make her commit a crime because if I contact she has no choice in it. Her letters and calls are monitored, I know this but I just want to serve her with the papers.

    After the jail said no I tried to serve the public defender who worked her state level trial but the public defender said they don't get involved in family matters. So how can I get her served as I'm starting to her frustrated. The jail says even a lawyer doing it for me counts as indirect contact. I've tried 2 times following all the procedures the jail says have to be followed but both times I was tured away.

    submitted by /u/divorce_throwaway111
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    My grandmother wants to kick my ten year old sister out

    Posted: 02 Feb 2021 09:58 AM PST

    Let's just kick it off. I (16F) moved across the country with my two (10F and 18F) siblings over a year ago to live with our maternal grandmother. We've lived on the east coast our entire lives, and although it's been terribly unstable, it's all we've known. Previously living with our paternal grandmother, she became ill and unfit to take care of us (sisters and i were homeless for about three months).

    We ultimately made the decision to call our maternal grandmother (let's call her nana) and we went through many court hearings and legal issues to move out here. My older sister and I once lived with our nana when we were younger, to avoid being separated in the foster care system, but it didn't turn out well. This time was meant to be different.

    We moved to the west coast on an emergency temporary custody order (not sure how we got through the loop hole of leaving the state, but our old case worker advised us to go ASAP) and have been dealing with ICPCs and children services for our full stay here, and many acclimating issues. My little sister takes the brunt of the stress, and is currently being threatened to be kicked out unless her behavior changes. My little sister (10) has been raised as a dictator and is fighting through her whole life of trauma to fit my nana's standards, but it's not working. We all have counselors, as mandated by the courts, and little sister is spiraling currently.

    Our state has finally given us the option to try for full legal custody, but my nana is refusing to sign the papers for my little sister. We have had these threats made almost every three months, with the "punishment" going back to the east coast to struggle.

    I have told nana I will not stay here if little sister goes, and that does not affect her at all. I have obviously found some options for new living circumstances, but the processes will take months to get through, whether it be fostering into a family friend, or a new custody battle from said family friend, whom lives in my home state. Getting emancipated is not in my best interest, as I only have enough savings from my job to last a few months for rent and food or any other necessities. We collect social security money for our deceased mother but it's not accessible, our nana controls the money.

    My (18) sister is heading for college and is already enrolled for on campus. She has been diagnosed with PTSD from prior living circumstances and taking care of my sister and I. Asking her to step up and take custody of us seems unbearable for her future, and I don't want to further restrict her.

    I have emailed my case worker to privately talk with her about my options. But is it worth going through the legal formalities to live back on the East Coast, or even live with my sisters alone? Should i just stick it out here until I'm old enough to live on my own?

    Edit: My home state is Ohio, i currently reside in Arizona.

    submitted by /u/isthemicworkingnow
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    Parents stole my inheritance and are refusing to give me a copy of the trust

    Posted: 02 Feb 2021 04:00 PM PST

    Around 2014, My grandmother created an Irrevocable Trust before she passed away, with my dad and his sister named as the trustees. Her home (Flushing, NY) is a part of that trust, and was sold for $630,000 in 2017. The beneficiaries include myself, my brother, and my 3 cousins. It was intended that the trust be split 50/50 between the trustees, and then dispersed evenly amongst beneficiaries. I only received $17,000. Against my will, my parents paid off debt with the rest of my portion (which should be about $78,000), specifically student loans in my name that they cosigned on.

    I have repeatedly requested they give me a copy of the will or trust, and I'm about to hire a lawyer to force them to give me a copy of the trust.

    What am I entitled to in this kind of trust, and am I likely to received my entire inheritance if I pursue legal action? Any feedback that shed light on this situation is appreciated!

    submitted by /u/Permanence_Radiant
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    I have covid and am really sick. How do I make a will? (New York City)

    Posted: 02 Feb 2021 03:45 AM PST

    Edit: You guys have given me great advice. I'm erasing my post as I have gotten the advice I need. Thank you.

    submitted by /u/EvanWasHere
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    How do I get rid of my HOA?

    Posted: 02 Feb 2021 03:10 PM PST

    I'm looking for advice on how to disband my HOA. We're all single family homes in the ~$500k range, on the edge of town in a rural suburb. To the point I can tell you to the hour the neighboring farmer 'fertilizes' his fields. We're a rural suburb/exoburb, not a country club. They don't really do anything other than maintain some very minimal common spaces and the entrance signage/lighting. I put up with most of their crap because it wasn't a huge deal, eg. trashcans stored in the garage, no sheds, no dog houses/chicken coops. My wife and I decided to get solar panels added to our roof. Low profile, black bezels, very clean look. Without asking us anything, the board rejected this, (if legal., I believe Minnesota is a 'right to solar' State). Our local electric provider uses ~70% coal to make our electricity, we have young children and are trying to do the right thing for them and the planet. The idea that panels on my roof would, "not meet the architectural integrity of the neighborhood", is laughable, and enough to make me act.

    Long way of asking, has anyone, particularly in Minnesota, had success in disbanding their HOA? Is my best course of action to run for President and blow the thing up from the inside?

    submitted by /u/msinnen
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    My employer banned us from talking about the GameStop fiasco on any of our social media platforms, any public forum, or in any publicly available medium. Is this legal? Canada.

    Posted: 02 Feb 2021 12:14 PM PST

    Location: British Columbia, Canada

    I turned on my work computer yesterday AM to check my emails and right at the top of it was an email from our area manager. In this email it said that "after the recent events surrounding volatility in the stock market, [Company Name] employees are not to make any sort of comment on GameStop, RobinHood, or any of the other involved parties, on social media (such as Twitter, YouTube, etc.), any public forum, or any otherwise publicly available medium. Employees that are found to be in violation of this will be disciplined appropriately in line with our Social Media Policy".

    To be clear I work for a large multinational corporation (we are in the financial industry), we operate in mainly Canada and the U.S, and other countries as well. Is this an enforceable policy in both Canada & the U.S?

    submitted by /u/The____Wizrd
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    Someone opened/registered a business using my home address.

    Posted: 02 Feb 2021 01:58 PM PST

    Hi, not sure if this is the right place to post this but figured it would be worth a shot. I got a letter in the mail addressed to a business I have never heard of, I opened the letter(yes I am aware this is illegal but I am more concerned of identity fraud and theft than some silly mail charge. It used my address after all) it was their electronic federal tax payment system information saying they used my address to register their business. I have searched for information for this business online but found nothing. Google searches are giving me mixed reviews on how to handle this situation. Should I contact the federal fraud department or the mail fraud department? I'm not sure how to report this but I am scared of identity theft or fraud being pinned on me for them using my address! Any and all help is appreciated, thanks.

    submitted by /u/Omisco420
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    Renter lit rental property on fire

    Posted: 02 Feb 2021 08:28 PM PST

    I purchased a very rough rental duplex with renters on month to month leases (Michigan). The building is due for a city inspection this month there is no way it will pass for occupancy (I can hardly overstate how rough it is). The lower 500 sqft unit had about 8 people in it when I walked it, doing heroine right in front of us.

    The day after we delivered the non-renewal notices, the heroine dude downstairs set his unit on fire, and didn't even have the courtesy to tell the upstairs occupants. Everyone got out unharmed. I am putting the upstairs folks up in a hotel as they have nowhere to go right now. The police and fire investigator both concluded arson, and they know the guy super well. He is strung out on heroine and has an extensive criminal record with previous jail time. Police said they are there at least once a week.

    Police asked me if I want to press charges and said if I do, he could get serious jail time because he endangered the lives of the upstairs occupants. I would have nothing to gain myself from pressing charges, but I am wondering whether it's the right thing to do just to get this guy out of the community and in jail.

    What's the right thing for the community? Just let it go and not waste the court and everyone's time? Or go through the whole process to try to get this guy locked up? Would I have to hire a lawyer and everything?

    submitted by /u/12345worthaway
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    Do I have any recourse if a large company just ignores my arbitration request?

    Posted: 02 Feb 2021 02:37 PM PST

    So, I was banned from an EA Sports game (Madden 21) for "cheating". I hardly played the game online and certainly didn't cheat. There was a thread on their own forums with hundreds of responses of stories similar to mine. Their support system is abysmal and I'm still banned.

    In their terms of service they state that I'm not allowed to sue, which makes sense, but I am entitled to third-party binding arbitration.

    I sent out a letter via certified mail to their legal department as stated in their TOS, requesting arbitration, and it was received on December 28th. Since then it's been radio silence. My appeals online have all been denied.

    It's frustrating because I spent $99 for the top edition of the game and hundreds more in virtual "packs" and now I have access to nothing. I'm banned from every game mode, rending my purchase essentially useless.

    Is there any recourse here or am I just fucked?

    submitted by /u/BotanyIsGnarly
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    Am I able, by law, to split my baby bonding time in California??

    Posted: 02 Feb 2021 08:27 PM PST

    I am having a baby within the next couple weeks and I obviously want to take some time off. I know in California, we are now granted eight weeks of paid time off with an additional four weeks of unpaid time should we choose to take it, but I was wondering what the law says about splitting my time. I want to take two weeks off when the baby is first born, and then the rest of my time later down the road but the company I work for is telling me their policy states I have to take my time off all at once. I might be wrong, but I was under the idea that legally, I have the right to split my time. I was curious if there is really anything my company can do to restrict me from splitting my time? Thank you all in advance.

    submitted by /u/ruballubadubdub
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    Are there any tax advantages to forming a LLC? If so, is it illegal if I don't own a business?

    Posted: 02 Feb 2021 07:45 PM PST

    This is in NJ.

    A friend suggested forming a LLC for tax savings. She currently works for a consulting firm and does a lot of traveling. She writes off her spendings on her company card on the LLC. She doesn't actually have a legitimate business. I did a quick search and didn't see anything about tax savings for a LLC, but rather for liability issues. If there are tax savings, wouldn't it be illegal to form a LLC for tax savings if I don't have a business?

    submitted by /u/ThirdStringKillas
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    Car I sold never got registered and is now towed and the buyer is arrested

    Posted: 02 Feb 2021 09:17 PM PST

    (Texas)

    A short summary of the background is that I sold an old 2006 Lexus to a teenager (now legal adult) back in mid-2019. Back then I was younger and didn't know any better so I didn't take off the plates when I sold it and instead assumed the kid would register it under his name within a few days. After receiving a bill for tolls a few months later, I find out he hasn't registered it under his name yet and it's legally under my liability. I wasn't aware of vehicle transfer notifications (VTR-346) at the time and so when trying to figure out that issue I filed it with the Texas DMV. I tracked down the kid on Facebook and got him to cough up the $80 or so that the toll bill came out to be and threatened legal action if he didn't register the car.

    I got the impression that he was intimidated enough to finally go out and register the vehicle so I didn't contact him after that incident. A few days ago, instead of a toll bill, I receive a written notice that the car got towed in a city 270 miles away from where I was. After calling up the towing company and explaining the situation to them, I was told that the car title was never transferred and that it's still under my name. I was told the kid got arrested for having a few warrants because of ticket negligence or something (I'm not quite sure). Now given the fact that he's not the legal owner, he hasn't been able to get the car back or even access it for his belongings, and according to the employee I spoke to, he's tried multiple times to get ahold of it. The only person who can retrieve it is me.

    Normally, I wouldn't really care since it's not my problem, but I was told by the towing company that if the car was not picked up, it would go to auction and they might come after me if it doesn't sell for what they wanted (towing/storage costs, etc). They did mention that it is quite uncommon for any excess costs to really be pursued but nonetheless it's a small risk.

    I contacted the kid again on Facebook and so far it's been a series of short and ambiguous answers to my questions. I do not have a clear idea of what he intends to do and every day the car remains at the lot it is accruing costs. I explained to him that if he wishes, he can register the car under his name to afford himself the ability to retrieve it. I never got a clear "yes I will do that", rather he explained that he is caught up with work and he might be able to afford to get it back in a few weeks. The car will be shipped off to auction in early March so I'm not sure exactly when (and if) he plans on doing anything about it. Furthermore, an interesting statement he said is "I will be back on land in a few days". Not sure what that means but I'm assuming he's working some coast job. He hasn't responded to my messages for two days now.

    My question is, given the fact that I sold the car for a little under 4 grand back in mid-2019 and signed off on the Application for Texas Title (130-U), as well as given him a copy of the bill of sale, do I have a right to retrieve the vehicle and sell it off to another party (assuming I can request a copy of the title from the DMV)? Ethically speaking, I seriously find no problem in protecting myself financially and getting compensated for my troubles in the form of profit off of selling the car again. I'm a medical student and I have 0 time available to spend dealing with this clown. I would appreciate any tips/legal advice and thank you very much for your time.

    submitted by /u/Cyberst0ne
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    Can’t register a car in my name because it is in someone’s else’s name

    Posted: 02 Feb 2021 05:46 PM PST

    I Bought a car here in arizona the title was notarized but when I went to the MVD they said it was a closed title. and that I cannot transfer the title to my name without the sellers signature. Now i'm having trouble trouble locating the seller or even contacting him.

    Any advice on what I should do?

    submitted by /u/Glizzy_Goblin76
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    I got a check from an insurance company after an accident, will the hospital take it all?[FL]

    Posted: 02 Feb 2021 06:54 PM PST

    I was hit by a car while walking. I was inebriated at the time so I'm partially to blame. I owe the hospital more then half a million dollars, I'm uninsured and have been trying to get medicaid. I got mailed a check for 100,000 by the insurance company of the person who hit me (The insurance is from NJ, if that's relevant.) It's under both my name, and the name of the hospital. 100,000 won't cover a 1/5th of the total bill. My question is, will the hospital take it all? The accident has left me unable to work, I have no income and even 10,000 from that check for myself can hold me down for a few months. What are my options here? I'm not trying to get away from paying what I owe but 1)Half a million dollars, come on, I've worked mostly fast food all my life, the sum of everything I've ever made is a fraction of that and 2) The check is under both our names so can we split it and proceed from there?

    submitted by /u/Alternative_System40
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    The person who handle my parent's tax files wrong address and might potentially cause them to lose $1200 stimulus check, what should we do from here?

    Posted: 02 Feb 2021 08:07 PM PST

    Title, preemptive apologies if this is not the right sub for this!

    Edited:

    Location: Massachusetts, US

    submitted by /u/potionmine
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    How do you limit your liability if you want to allow others recreational use of your property

    Posted: 02 Feb 2021 08:03 PM PST

    Imagine you have some acres and a buddy who likes to ride dirt bikes. Sure thing, come on over.

    Whose insurance is on the hook when something tragic happens and buddy is injured? What if it's really bad? What if it isn't buddy, but it's buddy's 12 year old?

    I think i heard some sort of urban myth / legend about some aunt having to file suit against a nephew after some accident. Essentially, the myth suggests the insurance for the injured person refuses to pay if some other person should be / could be liable.

    So, even if you had an agreement with your buddy, stated or unstated, that they are using the property at their own risk, is the understanding between friends going to hold up?

    submitted by /u/jcress410
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    [Illinois] will I have to pay back unemployment if my employer refuse to provide me PPE?

    Posted: 02 Feb 2021 07:44 PM PST

    So I received a letter from unemployment stating that my job is contesting my unemployment as of December 2020. They claim that I resigned which I did but only because they refused to provide me with PPE in the beginning of the pandemic. I worked for my company for almost 15 years and never had any issues. Many people from my company quit during this time because the only allotment they gave us was an extra $5 a month to buy protective gear. at that time you couldn't find a mask or any kind of hand sanitizer in the stores and the only stuff that was available was on Amazon and it cost a lot of money and you had to wait months for it. Long story short I ended up reporting them to the Illinois labor law enforcement and OSHA. I gave them an ultimatum to either provide me with PPE or I was no longer going to work for them. I never got a response back but only an email asking me to return my equipment. The unemployment office is going to call me on Friday and I'm a little worried that I'm going to end up having to pay back money. It was my understanding that if an employer refused to provide PPE which was the law that quitting and filing unemployment was justified. Should I be worried?

    submitted by /u/Gypsy81482
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    18 year old moving from OH to MS this year. How do we deal with the age of majority in MS?

    Posted: 02 Feb 2021 07:30 PM PST

    My bf (23) and I (22) are buying a house this year and have offered to let our friends (18 from OH and 20 from NC) move in with us since their current living situations are less than ideal or safe. This has opened several questions about what we can do since neither of them are considered adults in the state of MS. The only option that we're seeing right now is emancipation, but will that work for them considering their both adults in their respective home states?

    submitted by /u/pandahhs
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