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adjusterjack

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Posts posted by adjusterjack


  1. 23 minutes ago, BPONB said:

    Reviewing any documents issued for what? What am I looking for?

     

    Plan documents. Memos. Correspondence.

     

    Anything that might make your benefits a contractual obligation of the employer.

     

    You might also talk to an attorney who specializes in ERISA, the federal law regarding retirement plans.

     

    Seems to me that there must be something that protects you from losing benefits that you have already acquired. I could be wrong.


  2. The best answer should come from the disability agency.

     

    However, my guess is that he not file a second claim until the WC doctor releases him for work. Then, if he can't work because he is not yet recovered from the surgery, it would be time to file the second claim.

     

    Again, that's just my guess. Bob needs to confirm that independently of strangers on the internet.


  3. 2 hours ago, Stradog said:

    They told my mom she needed to open an Estate account and she would need an EIN before they would cash it.  Is the bank correct in having her open an account and obtaining an EIN? 

     

    Yes.

     

    Takes a few minutes on the IRS website.

     

    https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein

     

    2 hours ago, Stradog said:

    Now my questions are shouldn't that house actually have been placed in the probate?

     

    Yes, if the house was solely in your Dad's name.

     

    No, if the house was owned jointly with right of survivorship. Read the deed.

     

    2 hours ago, Stradog said:

    I am also curious why that wasn't done when my dad died and she, with an attorney, filed whatever paperwork they had to file for probate and showing she is the executor of the will?

     

    Only your Mom can answer that question.

     

    2 hours ago, Stradog said:

    I had been making the house payments

     

    Were you paying the mortgage company or your Mom? If you were paying the mortgage company properly, the house shouldn't have gone to foreclosure.

     

    2 hours ago, Stradog said:

    the money from that insurance  refund check in my dad's name should be mine

     

    No. It belongs to your Dad's estate, which appears to need probate before you get anything.

     

    You can check with the probate court to see if probate was opened at some point. If it was, the will should be in the case file. If it wasn't you can open probate under intestacy and you may be able to claim a share of his estate, if there is anything worth claiming.

     


  4. 3 minutes ago, BPONB said:

    4 months into retirement the company is no longer going to offer these benefits as of Dec. 31,2019

     

    To you or to current employees? That's the first question. Check it to see if you misunderstood something.

     

    If, indeed, they are discontinuing your benefits, you will need a thorough review of any documents issued by the employer regarding the retirement benefits. Obviously, we can't do that from here.


  5. 2 hours ago, benihana223 said:

    I appreciate you attacking my disciplinary style, but maybe your ignorance caused you to miss the intent of my question....try re-reading it,

     

    You try re-reading it.

     

    Your questions:

     

    3 hours ago, benihana223 said:

    Does anyone have experience with something like this?  What recourse do I have?  Do I need to have the courts step in?

     

    Followed this:

     

    3 hours ago, benihana223 said:

    The major issues with this is that my kids then have their friends at my house, are not supervised, eat all of my food, leave my house a mess, etc... 

     

    And you called your children's behavior the "major issues."

     

    So I addressed your "major issues."


  6. 33 minutes ago, benihana223 said:

    The major issues with this is that my kids then have their friends at my house, are not supervised, eat all of my food, leave my house a mess, etc...  Does anyone have experience with something like this?  What recourse do I have?

     

    Yes, I have lots of experience with something like that. It's called disciplining your children. You should try it. There's no excuse for their behavior when they are home alone. Since you are the custodial parent and they live there, there is plenty of punishment you can dish out. As long as you accept the behavior unchallenged you have nothing to complain about.

     

    PS: Nothing wrong with your ex dropping your kids off when you aren't home. They are certainly old enough to be on their own.

     

     

     

     


  7. 21 minutes ago, Bschade3 said:

    They can't just tell you wrong information, allow you to base your decision on that information, then go back and say "oops.....sorry", can they?

     

    Obviously, they can because they did. Sorry, but you made the mistake of relying on what you were told on the phone without verifying it by reading your 401(k) plan and loan documents.

     

    The loan repayment requirement is based on the IRS 401(k) rules.

     

    23 minutes ago, Bschade3 said:

    Do I have any legal recourse?

     

    I doubt it.

     

     


  8. 7 hours ago, DBrown2 said:

    Therefore my question is, are homing pigeons raced for sport considered "fowl" in the eyes of the law in Tennessee and or Blount County?

     

    What were your reasons for buying into an HOA?

     

    I'm wondering what was so attractive to you that you willingly gave up your freedom to use your property as you wished.


  9. 6 hours ago, Auron said:

    Cant, im still technically employed.

     

    You're not. "Indefinite unpaid leave" means you've been laid off, fired, canned, given the axe. It's also a scam that employers pull so that naïve people don't file for unemployment compensation. You've already lost a great deal of money by believing it. File now.

     

    You should have been looking for another job from the getgo.

     

    That you haven't gotten any answers speaks volumes. Nobody wants it.

     

     

     

     


  10. Signal Hill, I see that the link I posted is no good. Try the following link and click on "View Code."

     

    https://www.amlegal.com/codes/client/signal-hill_ca/

     

    12 minutes ago, pg1067 said:

    the police are likely exercising their discretion not to deal with it

     

    The abandoned vehicle code refers to a "city abatement officer" whoever that may be. Up to the poster to figure out who that is.

     

     


  11. You are trying very hard to make this the crime of the century and the perpetrator public enemy number one.

     

    Neither is the case. It's a violation of Signal Hill's (if that's where you live) city ordinances.

     

    See Title 10 Chapter 10.46 and learn what you can do about it.

     

    http://library.amlegal.com/nxt/gateway.dll/California/signal_hill_ca/cityofsignalhillcaliforniamunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:signalhill_ca

     

     


  12. 24 minutes ago, Frustratedemployee said:

    would I be liable if someone stole something while I'm in the restroom? 

     

    Yes.

     

    The loss was due to your negligence: leaving the doors unlocked with the store unattended.

     

    I suggest you schedule your potty breaks throughout the day and lock the doors for a few minutes when you go.

     

     


  13. 7 hours ago, KdelValle said:

    I spoke with him once and told him I was surprised I had not been contacted by his insurance adjuster. I had suffered an injury and I knew he should turn it into his insurance. He said he was not going to do that but he would pay my medical bills. 

     

    He has no obligation to use his insurance.

     

    7 hours ago, KdelValle said:

    The injury has literally had repercussions I will not bore anyone with details about, but they are hard to prove and reach further than I would like to admit. I want to be paid for pain and suffering, compensated for the way it has effected my exercise routine and in turn my health - not to mention the emotional trauma of the experience including how those involved turned their backs on me & my puppy instead of asking if we were okay. I did not go to the doctor and animal control said it was the dog’s first offense. It has been a life changing injury.

     

    Give me a break. A life changing injury? But no medical treatment?

     

    7 hours ago, KdelValle said:

    What should I do if the dog owner will not turn this into his insurance company? 

     

    Sue him. Trouble is that you have no monetary damages to sue for. Maybe a small claims judge will award you $100 for that picture but that's about it. You haven't won the lawsuit lottery.

     

     


  14. 1 hour ago, pinkonlypink said:

    I thought this was going to be an easy question:  "yes, remove Dad from documents" or "don't worry about removing Dad from documents"

     

    Sorry, but it just got more complicated. ;)

     

    As Tenants in Common Mom and Dad were not a single entity that owned an undivided 74% of the condo. The each owned an undivided 37% of the condo. When Dad died his share passed to his heirs unless he had a will specifying that his share pass into the trust (or to your Mom). Unfortunately, since your parents' shares were not owned by the trust, Dad's share will have to be probated and his interest conveyed by his estate to whoever or whatever was specified in his will. If he died without a will then his share gets divided among his heirs under intestacy but still has to be probated. Intestate succession depends on your state which you haven't revealed yet. But, generally, the surviving spouse and children share.

     

    What should have happened is that the property should have been conveyed to the trust after the three of you bought it and you got your mortgage. You could have each been beneficiaries and trustees of the trust so that, upon each death, the ownership was conveyed exactly as you intended.

     

    So, next question. Did your Dad have a will and what does it say about the condo? If it says nothing about the condo what does it say about unspecified or "residuary" property?

     

    And what state is the property located in?

     

     

     

     

     

     

     

     


  15. 18 minutes ago, pinkonlypink said:

    All of Dad's "stuff" goes to Mom's trust. 

     

    Maybe not all. If Mom and Dad owned their interest jointly with right of survivorship (written that way on the deed) then Mom's interest automatically became 74% when Dad died.

     

    So let's start there. Read the deed and report back on exactly how the ownership is written. Don't rely on memory, read it.

     

     


  16. Shouldn't be too tough to figure out. Your lot (42) is 155' deep. Measure from your back fence to the front. If 155' stops at the entrance to your circular driveway then, no, you don't own the street.

     

    And if your deed's legal description matches the lot that you bought then there are no rights and no resolution because you made erroneous assumptions when you bought the house. You could have figured this out before you made the offer.

     

     


  17. 18 minutes ago, Daboyz123 said:

    Is this just wishful thinking?

     

    Yes, unfortunately. CA is a community property state. I imagine you did not get a written separation agreement and probably didn't have a lawyer who could have gotten you a divorce without her signature.

     

    Better get a lawyer now.


  18. 30 minutes ago, Cannedhusbanned said:

    I have until Wednesday, August 7th to de side whether to sign this letter of resignation and accept this severance pay, so I am in urgent need of legal counsel as to whether I have a case for wrongful termination.

     

    I suggest you consult an attorney before Wednesday and review your options before you sign anything.

     

    And file for Unemployment Compensation ASAP.

     

    Beyond that I really don't see a wrongful termination but there are a couple of HR people who contribute here that may know more about it.

     

    Meantime, check out this site's wrongful termination page:

     

    https://employment.findlaw.com/losing-a-job/wrongful-termination.html

     

     

     

     

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