Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 121799 times)

Offline dmf2142

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #260 on: September 26, 2016, 04:43:43 PM »
Have them sign an NDA before the pitch.  Good luck getting them to agree to that though.

TITCR.

Offline Wizard

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #261 on: October 13, 2016, 02:54:51 AM »
Anyone clearly know to explain difference between "In Trust For" or ITF vs. "Payable on Death" or POD when setting up bank account beneficiary? TIA!
If you are trying to get my attention/assistance and I'm not responding, please feel free to PM me. :)

Offline afro

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #262 on: December 26, 2016, 09:55:57 AM »
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
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Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #263 on: December 26, 2016, 10:17:13 AM »
Anyone clearly know to explain difference between "In Trust For" or ITF vs. "Payable on Death" or POD when setting up bank account beneficiary? TIA!
The difference seems to be exactly as implied by the words:

In Trust For means that assets are held currently in trust for a beneficial owner, and are not owned currently by someone else.

POD is just a way to name a direct beneficiary at death, bypassing the necessity of probate in order to disburse funds.
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline Wizard

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #264 on: December 26, 2016, 01:49:29 PM »
The difference seems to be exactly as implied by the words:

In Trust For means that assets are held currently in trust for a beneficial owner, and are not owned currently by someone else.

POD is just a way to name a direct beneficiary at death, bypassing the necessity of probate in order to disburse funds.
Thanks so if I want someone specific to get my bank account and I don't have a will, which is better for me?
If you are trying to get my attention/assistance and I'm not responding, please feel free to PM me. :)

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #265 on: December 26, 2016, 11:22:17 PM »
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
Did you spare any thoughts for the guy who's now missing his railroad pension funds?
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Offline afro

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #266 on: December 26, 2016, 11:31:38 PM »
Did you spare any thoughts for the guy who's now missing his railroad pension funds?

Seriously??

ok here goes...

If i'm posting a question in a "Any Lawyers out there of whom I may ask a question?" thread, don't you think that my question should be solely focused on the legal aspects of the story?

Where do you get that I don't feel bad for someone who's missing money when I asked a questions about my legal obligations?

Do you not have anything better to do than to troll threads and try to get post count up?

Get looser pair of pants and start a new thread "How to detect and infer things from people asking legal questions"

I'm sorry for being a bit hard on you but stop trying to be the moral hero who flies in and flaunt your moral superiority.
I will not respond to PM about the UPS method.

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Offline good sam

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #267 on: December 26, 2016, 11:54:47 PM »
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
Of course you have to!

Find out from the bank who's making the deposits. They should give you enough info to contact them.
If you don't care why would you comment?
HT: DMYD

Offline afro

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #268 on: December 26, 2016, 11:55:51 PM »
Of course you have to!

Find out from the bank who's making the deposits. They should give you enough info to contact them.

called bank and they said they can't give me info about payee of pension.
I will not respond to PM about the UPS method.

I will not respond to PM about the BBLD method.

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #269 on: December 26, 2016, 11:58:39 PM »
Thanks so if I want someone specific to get my bank account and I don't have a will, which is better for me?
If it's yours, unless you are giving it away now (or doing some work with an attorney to create an appropriate structure) POD is your option for bypassing probate on a bank account. If it's a significant sum and it's mostly intended to go to someone else, one might do better with life insurance or an annuity.
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline good sam

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #270 on: December 26, 2016, 11:58:40 PM »
called bank and they said they can't give me info about payee of pension.
Of course not. You should be calling the payor.
If you don't care why would you comment?
HT: DMYD

Offline gozalim

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #271 on: January 30, 2017, 03:32:39 PM »
A relative was recently turned down for an apartment: landlord returned the application with the word "lawsuit". seems like it's some kind of housing lawsuit.

problem is, neither of the couple ever rented elsewhere before, and shouldn't have had any such thing outstanding...
question is

  • could it be a 'mistaken identity' a relative with same name (and neighborhood) very different age (and SSN) and we can clear that up?
  • If I want to 'replicate' the search, is there a specific database that is used, to see what lawsuit is popping up (in case there's some other issue that needs to be resolved)? can anyone check it? do I need a lawyer to search it?
  • once I figure it out, can I make the landlord reconsider?

Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #272 on: February 16, 2017, 06:01:20 PM »
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.

Per the lease, "unless tenant provides written intent to vacate 30 days prior to term..of his intention to vacate the premises on the expiration date of lease term, said failure to notify shall be considered as the intention of the tenant to renew the lease agreement for a new term at a new rent as specified by the landlord"

This is NJ

Can the tenant get out of the lease?

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #273 on: February 16, 2017, 08:55:37 PM »
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.


INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.
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Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #274 on: February 16, 2017, 11:44:10 PM »
INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #275 on: February 17, 2017, 12:49:31 AM »
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.
The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.
I've been waiting over 5 years with bated breath for someone to say that!
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Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #276 on: February 17, 2017, 06:29:36 AM »


The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #277 on: February 17, 2017, 07:20:36 AM »

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?
Yes.

But, how likely is landlord to do that? Is it a professional landlord? Is it worth it for the landlord?

What if landlord suffers no material loss (or very little)? Will he spend time and money to sue?
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #278 on: February 17, 2017, 07:20:57 AM »
Yes
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Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #279 on: February 17, 2017, 09:52:39 AM »
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month N.J.S.A. 46:8-10

In Green v. Verma court ruled that the the clause landlord inserted was ok. But they were lawyers. (and roughed up the landlord in court).

in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable “term of adhesion,”. I would argue the same.