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Questions tagged [law]

For legal questions relating to personal finance. Note that Stack Exchange does *not* provide legal advice; for questions with potentially serious legal ramifications, consult a lawyer specializing in the law in question.

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1answer
47 views

Income present but no tax residence. What then?

Many countries have this 187 days rule: if you’ve lived and worked for more than 187 days in that country you’re automatically a tax resident there. But what if you change countries frequently, let’s ...
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0answers
59 views

If the broker invokes this clause to sell assets to themselves on death, how is the price determined?

Recently I was considering opening a new brokerage account and found the following troubling clause in the account agreement: The transcription, with my emphasis added: You authorize us and we ...
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2answers
245 views

Securing a loan with a loan, does this even make sense?

My friend wants to buy a house; however he does not have the capital to put twenty percent down because he loaned out his capital as a secured business loan last? year. He thinks all other business ...
2
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1answer
162 views

Insurance Producers and Church Tithe

Getting ready to sit for my examinations and these questions popped into my head. Curious about the nuances of illegal inducement in these circumstances. I know there are issues with gifts greater ...
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2answers
117 views

Broker Didn't Invest the Roth Contribution in the Tax Year They Said They Did - Now We are Behind. What can we do?

The short story is: In the spring of 2016, we gave our broker a check to max out our Roth IRA contributions for the tax year of 2015 (check was written and cashed by the broker before April 15 in ...
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1answer
4k views

What is a non-residential grant deed?

In looking at properties on one of the popular property aggregator sites, I've seen some transactions labeled as being "insured non-residential grant deeds." This is usually accompanied by a sale at a ...
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3answers
4k views

Is it illegal for a student loan servicer to lower the minimum monthly payment after overpayments?

I've been aggressively overpaying my student loans, which has led to them lowering my minimum monthly payments. The servicer and lender can presumably argue that they are doing me a favour, but my ...
2
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1answer
549 views

Is it illegal to refrain from selling stock based on insider information?

If I were planning to sell my stock of the company I work for, then see a non-public draft of the next quarterly report that will make the stock go way up, and cancel my plan to sell based on that ...
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2answers
486 views

Is it still insider trading if no benefit was exchanged or received from the information?

Note - I have seen the other questions but they are still vague and explanations parsimonious. Is it still considered insider trading if no benefit was exchanged or received from the information? ...
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2answers
89 views

Splitting home equity with family, both family members on the loan, one brought in more down

In CA, how is it approached when 2 parties enter a loan to purchase a home then either want to sell and split ways or sell and move together. The issue: Party A brought 35% equity into the new loan, ...
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7answers
11k views

Someone stated that my uncle died in Canada and there is money for me [duplicate]

Someone contacted me and said that someone with a similar last name died and left me a large amount of money. He gave me information and forms from a bank, and other pertinent information. I then ...
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2answers
159 views

Does “community property” apply to day-to-day finances or only during a divorce?

What is the scope of the "community property" concept? Does it have any practical meaning in the scope of day-to-day finances for a married couple or does it apply to their finances only if divorcing?...
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7answers
12k views

Selling a property - multiple offers of same value?

In the U.S., when selling a residential property, is there a rule or law regarding how to handle multiple offers of the exact same monetary amount? Is this the kind of thing that would vary state-by-...
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2answers
512 views

A person ask you for money to help with a business problem in another country, you feel is trying to scam you, but you want proof, what can you do?

At first the person spent a long time developing a relationship. Then one day he started to talk about the company he works for. He had a mix up on supplies and due to this error, the company lost ...
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1answer
219 views

SSI in USA: Will SSA demand repayment if recipient is sentenced to “time already served”?

Eve intends to plead guilty to a criminal charge.  Eve has a child Bob. Alice has guardianship of Bob and also management of Eve's income which includes Supplemental Security Income (SSI). SSI will ...
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1answer
139 views

Restricted in service distribution at age 59-1/2

Is it legal for an employer to restrict 401K in service distribution to employees 59-1/2 years of age or older? Is the employer liable if this restriction was not clearly explained at the time of a ...
4
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1answer
117 views

Does being involved in the management of a corporation make me ineligible for a workshare program?

If my employer offers a workshare program during this recession and I own a small side business (even if it makes little or no income), am I ineligible for the workshare program?
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3answers
10k views

Is there a rule that a merchant must identify themself when making a charge

Recently I sent several credit card payments online. The company that charged my card is a multi-billion dollar company, so not just a small start-up. However on the statements the charges appeared as ...
2
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1answer
68 views

What should I look for in a lawyer for help with the IRS? [closed]

I need to hire a lawyer to help me file unfiled tax returns in prior years. What are some special considerations/qualifications I should look for? I have interviewed a couple of them and most the ...
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1answer
97 views

Can requesting an IRS transcript result in more problems?

I have some unfiled tax returns with the IRS. I met with a lawyer that specializes in help with IRS issues and he told me that the first step in their process is to get an IRS power-of-attorney from ...
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2answers
5k views

What if only one of two tenants signs a lease?

The title is a little misleading. Lease agreements tend to have multiple forms that need to be signed. In my case there was the actual lease agreement (with checkmarks next to many things that needed ...
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3answers
62k views

What happens if I move out before my lease ends?

Suppose I sign a one year lease for an apartment or a house and pay a security deposit for the same amount as a month's rent. If I move out before the lease ends I know that my security deposit will ...
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3answers
2k views

If I moved abroad, what happens to the U.S. apartment lease I'd be breaking? Would a debt follow?

I'm moving to the United Kingdom. What will happened to my apartment lease here in the United States? Will that debt follow me?
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2answers
70 views

Should retail investors study exchange rules?

The NYSE has just shy of ten-thousand rules in their rule book. That ain't exactly light reading material either. If a retail investor is an active trader on NYSE, how well should they have studied ...
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4answers
288 views

Can a rent increase with RPI value be enforced retroactively?

In October 2016 we have rented a lovely house through an agency and , while negotiating , the landlord proposed that after one year the rent should increase with the RPI value. We accepted but with a ...
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3answers
1k views

How to recover years of monthly payments to a scam website? (UK)

Not sure if this is the best place to ask the question. It's kind of related to finances. I somehow got tangled into a scam (in my opinion) called completesavings.co.uk I found out that somehow 3 ...
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0answers
171 views

What is the equivalent of a nominee system in US banks?

If I want to ensure that my bank account funds are transferred to my parents, who live in India, (I would assume through some legal proceedings) in my absence, is there any method to nominate them ...
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0answers
53 views

Employee contract review in the UK: What's a reasonable price to pay?

I'm a techie in the UK and wanted to have my contract reviewed by a lawyer in order to understand specifically what I can and can't do outside of work. For example, whether I could consult on the side ...
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1answer
136 views

How do I protect myself when signing over an aircraft after an insurance claim? [closed]

After an aircraft accident happened: Global Aerospace Inc Insurance company, asked us to sign over the FAA aircraft title to them and told us we "MUST leave the buyer and dollar amount blank. We ...
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2answers
4k views

Do I need to do a title search on land? how about title insurance? lawyers?

I am looking at a piece of land that is being sold for 25k. As I understand it, I need to do a title search before any transaction is done. I've already looked at the tax assessors website and seen ...
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2answers
241 views

Can the board of directors block a key employee from selling vested shares?

The shares are no longer restricted and are fully vested, and there are no upcoming announcements or other inside information that may affect the share price. It just smells like a conflict of ...
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5answers
5k views

Does a direct deposit arrangement also enable direct withdrawals?

Suppose, for example, an employer in the United States deposits employees' paychecks directly into their bank accounts. If they determine (whether correctly or incorrectly) that a former employee was ...
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2answers
622 views

What should I expect when receiving a very large sum in a domestic wire transfer into my bank account?

I am anticipating receiving a very large sum of money in a domestic wire transfer between banks into my personal bank account from a domestic company's business account. What should I expect once the ...
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2answers
633 views

Why can't 401(k) statements be delivered electronically?

I called Schwab and they just said, "401(k) accounts are not eligible for paperless confirmations and statements. It's the law. Sorry." I can't find any reference to this law in the Google. The ...
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3answers
581 views

If a renter rents a room from your house for many years, will the renter eventually have rights to ownership

My husband and I purchased a house together. The mortgage is in both names. I moved out and am legally separated. He rents out a room now to the same person for many years. In the future, will the ...
8
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1answer
26k views

How do I sell a home that's owned jointly if my partner doesn't want to sell? [closed]

I own a home jointly with a partner. I have made all the payments, taxes and insurance since the beginning. I have a buyer for the home but my partner does not want to sell. How can I override his ...
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2answers
2k views

Will I need to worry about “structuring” with wire transfers?

I am moving a large (for me) amount of money from a US bank account to a Danish one. Both are in my name. In order to even out the risk of transient exchange-rate spikes I'm planning to do it as a ...
3
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1answer
399 views

How to get my money back from the Police?

On June last year I have attended a court case as a witness. I had to spend a lot of money on travelling and food because the case was in a different Country. I was asked by the Police officer that I ...
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3answers
1k views

What is the rationale behind an FSA being “Use it or Lose it”?

One of the biggest gripes most people have with the Flexible Spending Account is the rule that you must "Use it or Lose it". This can lead to people frantically running around just before their money ...
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10answers
25k views

I am an EU resident being contacted about stock I own in a defunct company by a supposedly US based lawyer, is this a scam?

I am based in the EU, so I have very little knowledge of how the US legal system works. I have been contacted by a "law firm" in the US about a financial issue: a company in which I own a small ...
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0answers
48 views

European nomad, moving every few years. Tax residence and capital gains tax on purchase and sell of ETFs/Funds

This might be a silly question. Let's say I change jobs and country of residence-always within the European Union-every 3 years, purchasing monthly the same ETF through a local broker on each ...
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3answers
411 views

Bait & Switch Doctor [closed]

I took my two daughters for a “Free Consultation” to an Orthodontist. They said the doctor may need to take x-rays, Panoramics. These are not included in free consultation. I checked with my ...
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2answers
6k views

Can you borrow against a home that you don't fully own, i.e. inherited part, but without estate fully settled?

My brother and I were left our parents' home after they passed. My brother, executor of the will, resided in the house at the time of their deaths and I did not. The home is still in the name of "...
5
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1answer
507 views

In the USA, is it illegal for a group of people to agree to purchase or sell a particular stock?

I am researching this as a part of a story plot involving hundreds to thousands of people who are members of a religious organization and who have agreed to buy and sell a particular company's shares ...
2
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1answer
149 views

Does a consumer lose their rights under a repair/refund guarantee, if they apply for a refund but don't return the item quickly enough?

Backstory: In January of this year, I ordered an article from a webshop in the Netherlands (EU) which has an IP67 certification and for which usage under water is promoted. This product has been ...
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2answers
90 views

Will the EU PSD2 directive require banks to create APIs available to their customers?

All materials I can find use the term third party providers to describe entities that will use the open APIs that banks will be required to create, and supposedly these providers will still have to ...
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2answers
295 views

How are option contracts enforced?

Option contracts (this question also applies to futures) on exchanges are required, legally, to at least put an option margin of 50% to cover some collateral. However, if things go as expected for the ...
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5answers
4k views

Scammer wants details and credentials for my empty & unused bank account. What could go wrong?

Some guy wants to use my bank account info (user and password) and he also wants me to ship my card he said with 0 dollars on it. It's a debit card and I don't really use the account anymore it has ...
0
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1answer
67 views

do Convertible bond/note always convert?

This is how i picture convertible notes to work: the company gets a loan from a investor, and pays a certain annual interest. the note also has a conversion price, and if the market price of the ...
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1answer
2k views

How can Ponzi schemes be detected and legally prosecuted?

Out of curiosity: How can Ponzi schemes be detected? What are the conditions to be classified as a Ponzi scheme? What are the legal means to prosecute such schemes? A Ponzi scheme "operator" can ...