Ask DrewDevil your legal questions

[lvalntin99]

How do I get a will and how much does it cost? I am married with one kid and another on the way. We own a house and cars and a lot of debt and not a whole lot of savings so it shouldn't be too difficult of a process. Probably just need something saying if one dies the other gets all and if both die eldest child gets all and stays with my mom.

[Howard Treesong]

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Drew,

I was on a callback at a NYC firm and a partner was bringing me to my next interview and we took the stairs, five flights up, in a suit. I asked him "So is this why they call it a sweatshop?" He just looked at me a little weird and half-laughed.

I haven't heard back yet. What are the odds this [censored] me?



Also, describe the optimum path out of law school to pay off debt, get well off (not rich, but not struggling), and be able to enjoy life a bit.

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From my law school class, the guys who seem to be doing the best and enjoying their practice the most are the ones who didn't get a job, so they just hung out their shingle and started doing criminal defense, DWIs, and divorces, slowly building up a reputation.

In the middle: lawyers who worked at a firm for awhile, then went in house somewhere. Still boring, but 8-5, baby.

The ones who are most miserable are the ones at the top of their class who went to BigLaw and are now ground into hamburger, but they have the golden handcuffs and are scared to leave.

Me, myself, I am trying to figure out how to generate residual income and not work by the hour! God that's the worst. So I'd say use your legal knowledge to buy real estate, or start a business, or write a book, or something something.

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Wow, I disagree. I was at BigLaw for 16 years, made partner, then jumped ship to go in-house. I really liked BigLaw for about 14.5 of those years, and like my job now too. BigLaw, done correctly, teaches you some process and discipline lessons that are all too rare elsewhere. It's also a very useful connection source.

[Hey_Porter]

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Drew,

I was on a callback at a NYC firm and a partner was bringing me to my next interview and we took the stairs, five flights up, in a suit. I asked him "So is this why they call it a sweatshop?" He just looked at me a little weird and half-laughed.

I haven't heard back yet. What are the odds this [censored] me?



Also, describe the optimum path out of law school to pay off debt, get well off (not rich, but not struggling), and be able to enjoy life a bit.

[/ QUOTE ]

From my law school class, the guys who seem to be doing the best and enjoying their practice the most are the ones who didn't get a job, so they just hung out their shingle and started doing criminal defense, DWIs, and divorces, slowly building up a reputation.

In the middle: lawyers who worked at a firm for awhile, then went in house somewhere. Still boring, but 8-5, baby.

The ones who are most miserable are the ones at the top of their class who went to BigLaw and are now ground into hamburger, but they have the golden handcuffs and are scared to leave.

Me, myself, I am trying to figure out how to generate residual income and not work by the hour! God that's the worst. So I'd say use your legal knowledge to buy real estate, or start a business, or write a book, or something something.

[/ QUOTE ]

Wow, I disagree. I was at BigLaw for 16 years, made partner, then jumped ship to go in-house. I really liked BigLaw for about 14.5 of those years, and like my job now too. BigLaw, done correctly, teaches you some process and discipline lessons that are all too rare elsewhere. It's also a very useful connection source.

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Wait, it took you 16 years to make partner? I hope I'm reading that wrong. Regardless, from my experience as well, you're the exception.

[Ginsu]

Hi, Drew--

Thanks for the time and candor. I've enjoyed the thread.

I'm a veteran educator. I've been harrassed by department coworkers (slandered, ostracized, demeaned)...jealous slacker ladies putting the wood to the new highly-competent guy for over a year. I informed building principals that this was going on for nearly an entire school year (checked in about once a month). On one day's notice, I was informed that my tenure would be on hold for one year pendant on my relationship with these colleagues (and no other reason). How difficult is it to prove harrassment in the workplace and that nothing was done about it by my supervisors? I'll need a viper for a lawyer.... Your candid thoughts? (Am I screwed? And feel free to PM me.)

Ginsu

[DrewDevil]

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How do I get a will and how much does it cost? I am married with one kid and another on the way. We own a house and cars and a lot of debt and not a whole lot of savings so it shouldn't be too difficult of a process. Probably just need something saying if one dies the other gets all and if both die eldest child gets all and stays with my mom.

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You need to find an estate planning attorney. Hard to estimate how much it would cost, but for a basically simple will (plus other necessary documents, like a directive to physicians) will probably go $750-1000.

[DrewDevil]

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Drew,

I was on a callback at a NYC firm and a partner was bringing me to my next interview and we took the stairs, five flights up, in a suit. I asked him "So is this why they call it a sweatshop?" He just looked at me a little weird and half-laughed.

I haven't heard back yet. What are the odds this [censored] me?



Also, describe the optimum path out of law school to pay off debt, get well off (not rich, but not struggling), and be able to enjoy life a bit.

[/ QUOTE ]

From my law school class, the guys who seem to be doing the best and enjoying their practice the most are the ones who didn't get a job, so they just hung out their shingle and started doing criminal defense, DWIs, and divorces, slowly building up a reputation.

In the middle: lawyers who worked at a firm for awhile, then went in house somewhere. Still boring, but 8-5, baby.

The ones who are most miserable are the ones at the top of their class who went to BigLaw and are now ground into hamburger, but they have the golden handcuffs and are scared to leave.

Me, myself, I am trying to figure out how to generate residual income and not work by the hour! God that's the worst. So I'd say use your legal knowledge to buy real estate, or start a business, or write a book, or something something.

[/ QUOTE ]

Wow, I disagree. I was at BigLaw for 16 years, made partner, then jumped ship to go in-house. I really liked BigLaw for about 14.5 of those years, and like my job now too. BigLaw, done correctly, teaches you some process and discipline lessons that are all too rare elsewhere. It's also a very useful connection source.

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That's good to hear. I think you are a rarity.

[ChipWrecked]

OK this question is purely hypothetical. [img]/images/graemlins/wink.gif[/img]


A man with a sizable estate dies. His widow is believed to be named as the executor of his will. However, she refuses to execute the will or even have it officially read. In the meantime, she seems hell bent on blowing the estate as fast as she can.

What is the best way to go about having her forced to execute the will, or would a petition to have her removed as executor be a better option?

Also wonder if a notification to the county probate office letting them know of the situation to force her hand might be a good idea.

The death occurred about 10 months ago, and the (hypothetical of course) county would be Los Angeles.

Thanks in advance Drew.

[nemui]

Hey DrewDevil, you're quite awesome for making this thread

So I was planning on living with two guys, lets name them A and B. The deposit for this place is 1000, so we split it 3 ways.

We all paid the deposit, but only Person A and I signed the deposit slip. We never made any contracts with each other FYI

Both A and B bailed out on me and did not help me find new roommates. I eventually found new roommates over the summer, signed the lease with the new roomates (3 new ones) and took 250 from each of them.

I assumed that because A and B bailed out, I got to keep their 666.66 dollars.

So now Person A comes up to me asking for the deposit back.

Do I legally have to give it back without ever signing or saying that I would? If I were taken to small claims court, would I hold up knowing he had no proof I had to pay him back?

What about person B? He hasn't even talked to me since bailing


Thanks in advance

[DrewDevil]

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OK this question is purely hypothetical. [img]/images/graemlins/wink.gif[/img]


A man with a sizable estate dies. His widow is believed to be named as the executor of his will. However, she refuses to execute the will or even have it officially read. In the meantime, she seems hell bent on blowing the estate as fast as she can.

What is the best way to go about having her forced to execute the will, or would a petition to have her removed as executor be a better option?

Also wonder if a notification to the county probate office letting them know of the situation to force her hand might be a good idea.

The death occurred about 10 months ago, and the (hypothetical of course) county would be Los Angeles.

Thanks in advance Drew.

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Never done any probate stuff, so this is just a hunch.

The heirs would want to get a temporary injunction freezing the estate's assets while they filed a Motion to Substitute Executor, or whatever the appropriate document would be. An executor of an estate is legally required to probate the will, fulfill the wishes of the decedent, etc., so I'd bet that the heirs could have her removed in Cali or any other state.

[DrewDevil]

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Hey DrewDevil, you're quite awesome for making this thread

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Oh please, call me CAPTAIN Awesome.

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So I was planning on living with two guys, lets name them A and B. The deposit for this place is 1000, so we split it 3 ways.

We all paid the deposit, but only Person A and I signed the deposit slip. We never made any contracts with each other FYI

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What do you mean by "deposit slip" ? What did the "deposit slip" say?

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Both A and B bailed out on me and did not help me find new roommates. I eventually found new roommates over the summer, signed the lease with the new roomates (3 new ones) and took 250 from each of them.

I assumed that because A and B bailed out, I got to keep their 666.66 dollars.

So now Person A comes up to me asking for the deposit back.

Do I legally have to give it back without ever signing or saying that I would?

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What did you do with the $500, just pocket it? What happens to the $1000 deposit when you and the 2 new guys move out? Presumably, they get their $500 back and you get the other $500.

So it's possible he could claim "unjust enrichment," because at the end of the day, you paid $333 and you will get $500 back. Legally speaking, he may have a claim for half of the unjust enrichment, or $83.33.

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If I were taken to small claims court, would I hold up knowing he had no proof I had to pay him back?

What about person B? He hasn't even talked to me since bailing.

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Practically speaking though, no one's going to sue you over $83.33 (or even the $333.33 he thinks he deserves).

I'd say give Person A $83.33 in pennies and tell him to piss off.