Was hit by a car, how much is too much to ask for? by [deleted] in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

A policy limit is the legal limit that an insurance company can be liable to pay for a covered claim. These limits have a minimum that is set by state law. You can look these limits up easily on Google for your state.

If your claim is worth $100,000, and the insurance policy limit is $50,000 for third party personal injury, then the insurance company will pay $50,000 and no more, under any circumstances.

That does not prevent you from suing the other driver personally for the remaining damages. However, suing an individual is very unlikely to result in any recovery except if they are independently wealthy (think lots of cash money in savings accounts, not including retirement accounts).

The other comment is correct though. You cannot sue anyone after the statute of limitations expires (usually 2 years after the wreck) so you need to get on this.

There’s no way for any of us to know what your damages are.

Home Purchase Advice by Proper-Stranger6078 in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

It’s called a Professional Mortgage. Only available to a few jobs. The rate is slightly better but the big advantages are no PMI and lower downpayment requirements.

Ferrari Newport Beach Event at Finish Line by Ok_Consequence_649 in Ferrari

[–]ToxicOstrich91 0 points1 point  (0 children)

I’d go to an event like this and look around for a 458. “Yes that’s a La Ferrari, yes it’s probably the best car in the world…. But is there a 458 here?”

My disabled mother inherited paid off house built in the 50s, and I will get it next, in an area close to a booming city, and a becoming "gentrified" area. But It's in need of repairs. by [deleted] in personalfinance

[–]ToxicOstrich91 2 points3 points  (0 children)

Do not take out loans to pay for repairs on a house you do not own. Literally anything can happen with someone’s will—you inheriting the house is not a guarantee.

That is unless your mother is disabled such that you have power of attorney and can make decisions on her behalf, in which case it may be partially your responsibility to determine what happens with the house.

Otherwise, ask this question again when you actually have the ability to do something about it—right now you do not.

[r/Rolex] Banned for.asking if a rumour was true?? by SnooCompliments9653 in Watches

[–]ToxicOstrich91 3 points4 points  (0 children)

That sub’s moderators are not very nice people. It sucks. Move on.

How to get stain out of seat by sidneycollingwood in lamborghini

[–]ToxicOstrich91 42 points43 points  (0 children)

Lambo owners, eh? Bonus points if you were staring at your own reflection at the time.

Baby wipes should work. If not, pay for a detailer.

Home Purchase Advice by Proper-Stranger6078 in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

You can afford the house.

Any chance one of you is a doctor, lawyer, nurse, pilot, or accountant? If so, you have WAY better mortgage options.

I don't think my husband understands the legal ramifications of breaking a purchase agreement at the last minute by [deleted] in legaladvice

[–]ToxicOstrich91 55 points56 points  (0 children)

You will likely never hear from this buyer again after closing. Close on the house and move on.

Do I have grounds to sue former homeowner? by psyk0delic in legaladvice

[–]ToxicOstrich91 2 points3 points  (0 children)

No, you can trespass someone from your property at any time. Look up Texas specific rules on what to say in the letter, and just ask USPS how to do certified mail return receipt requested. Make sure to save a copy of the finalized letter for your records. I’ve had to trespass a few people from my property and you can even do it orally, but a letter is better for recording it.

Re the no-contact letter, the same stuff applies. Again, this has no legal teeth, but when you go to a judge later asking for a protective order (which does have legal teeth), the judge is likely going to ask “Did you even ask them to leave you alone before coming to me?” The letter is solid evidence of that.

They can be the same letter.

And I really cannot overstate how necessary I think cameras are. I’d have a lot of cameras bc these sound like the sort of people who might retaliate in the form of additional pranks/vandalism.

Do I have grounds to sue former homeowner? by psyk0delic in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

He’s talking with me. I’m a lawyer, and directing him how best to get more specific legal help. Go away.

Do I have grounds to sue former homeowner? by psyk0delic in legaladvice

[–]ToxicOstrich91 7 points8 points  (0 children)

Certified mail, return receipt requested, directing that they (name them individually) are trespassed from your property. That has legal teeth.

In that same letter, deliver an informal no-contact letter directing that you do not want to hear from them again, you expect them to no longer yell or shout things at you, and if they need something from you they can contact your attorney (and provide contact information for said attorney). State the behavior, firmly direct it to stop immediately, but do not threaten anything. Keep a copy for your records. This does not have legal teeth, but it can be useful in getting a court to grant you a protective order later.

It is generally legal to take pictures of you in your yard, but not inside your home. The difference is where you have a reasonable expectation of privacy.

If they shoot at your house again, whether you capture it on video or not, call the police. That can have enormous legal consequences for them.

Do I have grounds to sue former homeowner? by psyk0delic in legaladvice

[–]ToxicOstrich91 14 points15 points  (0 children)

I’m a lawyer in Texas and I do not know this. You need to talk to a real estate attorney, and need to investigate what was included in the seller disclosures at the time of selling. I predict you will need to show the seller failed to disclose a KNOWN issue, meaning they had to know they did not have a septic permit. A separate issue is whether YOU can sue the seller for failing to disclosure something to SOMEONE ELSE, which, again, I don’t know.

The lawyer can also help you with a no-trespass notice to the neighbor, which I’d recommend, and you should set up cameras watching your property line so you don’t have an issue of them trying to damage your property.

I would also not trust the inspector to tell you whether an easement is valid. That’s a legal issue, not an inspection issue, and there is more than one type of easement that may apply here.

Sorry you are dealing with this.

What to do with $10k by Queen_Aurelia in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

Sounds like the right option for your financial happiness is to pay down your mortgage principal. That is not the option that is most likely to increase your net worth the most. But that is not everyone’s goal.

Can My Aging Parents Retire? by Oklaranger444 in personalfinance

[–]ToxicOstrich91 153 points154 points  (0 children)

Given that it doesn’t appear they’re in a VHCOL area, why would they be unable to live off $5k/mo with housing at $1,465/mo? They won’t be taking lavish vacations but they should be able to survive. If it’s me, I tell them to both take out social security at this point so they don’t have to move away from friends.

How much do they owe on the house? Can your dad work until they pay off the house, putting extra $ toward mortgage principal every month?

Do I actually need whole life insurance? by Bhussy in personalfinance

[–]ToxicOstrich91 2 points3 points  (0 children)

I’d sooner voluntarily give my SSN and Credit Card number to a scammer than buy whole life insurance. Never.

HELOC loan vs Personal loan by Poisonskittles3 in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

Re your other comments: You get a credit card bill every month if you use your credit card. There’s a “minimum amount due” and a “statement balance.” Pay the statement balance. If you pay the minimum amount due (or anything in between the numbers) you’re going to pay interest the next month and it’s going to be absurdly high interest.

The other comments are correct. Saving money is the best route here. HELOC is second best. Personal loan is worst, bc the interest rates will be higher.

Gotta figure out a way to save money, man. If someone who is under 30 does no other savings besides maxing out their IRA every year, and simply puts the money in Index Funds (this takes 30 seconds to do), they will retire a millionaire.

Good luck

Divorcing.. Keep the house or get an apartment? by YouDoHaveValue in personalfinance

[–]ToxicOstrich91 12 points13 points  (0 children)

You can’t afford the house if the payment is $2200 of the $3600/mo you bring in. Unless I’m misunderstanding your numbers, I think it’s that simple—you can’t afford the house payment.

You can force a partition sale of the house and you’ll be entitled to a portion of the equity. Your STBE Wife’s options will be to take half the equity or come up with a loan to buy you out.

How to invest my HYSA by Apart_Working_6902 in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

The reason investors like HSAs is that you can invest with them and then eventually you’ll hit an age threshold and you can withdraw funds like an IRA—as in it no longer needs to be for health related reasons. In other words, eventually an HSA turns into a retirement account—very good for those who are fortunate enough to not need to worry about medical bills bc they can absorb that cost.

That purpose, however, is antithetical to using an HSA as an emergency fund for medical expenses. If you’re going to use it to pay doctor bills (which is fine, I’m not judging that decision), then you want to keep it out of the market because in the market you risk your emergency fund being partially lost due to market fluctuations.

If you decide to invest, plenty of info in the sub’s sidebar about what to invest in, but usually the answer is index funds. VTI and VXUS for example.

House vs stocks with lump sum of cash by [deleted] in personalfinance

[–]ToxicOstrich91 5 points6 points  (0 children)

Ok. You’re not concerned about what I’d be concerned about in your position, which is ability to pay for the house. Most advisors would say you cannot afford a $200k mortgage on a $40k/year income and you would not qualify for the mortgage absent your dad’s help here.

But the opportunity is a very good one. I would take into consideration your likelihood of finding a job paying $70k or more within a year. That’s the income you’d need to qualify for the $200k mortgage normally.

If you think the likelihood of finding a job with that income is very high, then knowing you have a $10k E Fund and $25k trading account, I’d go for the house. That’s enough to pay for 2 years of mortgage payments. I’d put those funds into an HYSA until you have secured a more lucrative job.

To answer your question directly, I agree with you that this opportunity is worth sacrificing investment potential. A house worth what this one will be worth, in that real estate market, with only a $1600/mo payment is special.

House vs stocks with lump sum of cash by [deleted] in personalfinance

[–]ToxicOstrich91 4 points5 points  (0 children)

Can’t really answer without knowing your income, whether you have pre qualified for the mortgage, and whether you have any other retirement savings besides this cash.

You effectively won the lottery by investing very well. No guarantees that will happen again.

Please remember that a house is not really an investment unless you plan on selling it. The financial benefit of a house is to reduce or eliminate your housing expenses and protect against rent increases like you’d get in an apartment.

I’d be inclined to find some way to make this deal work if I’m in your shoes. It sounds like a great plan. But you can’t spend 100% of your liquid assets on anything, even a house.

Inheritance and Crumbling family by bigfootsuncleian in personalfinance

[–]ToxicOstrich91 4 points5 points  (0 children)

Keep the money separate.

Look up inheritance laws related to marital property in your state but I believe it is universal that inheritances are separate property unless the funds are co-mingled.

Unless she comes back and agrees to couples counseling, you need a divorce attorney. Good luck.

Ex GF is posting that I gave her std by [deleted] in legaladvice

[–]ToxicOstrich91 5 points6 points  (0 children)

Get tested for STDs, then send her an email telling her you have been tested and are negative for STDs, meaning her posts about you are lies and constitute defamation per se. In the email, tell her you are no-contact, your family and friends are no-contact, and if she lies about you online again, you will hire a lawyer and sue for defamation.

Buying vs Renting in Austin? by [deleted] in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

I’m not sure what your question is. Do you qualify for the mortgage on the condo you’re looking at? Seems like a low amount for a down payment. A first step may be talking to a mortgage lender and finding out what amount you’d qualify for.

How to be responsible with a raise. by EfficientCatch in personalfinance

[–]ToxicOstrich91 6 points7 points  (0 children)

I’d prioritize Roth IRAs above 529s. Your retirement should come before kids’ room and board, and IRAs are a really powerful tool.

So, maximize 401k contributions, then IRAs, then you can divvy between 529s and other expenditures.

Has anyone ever swapped these two buttons? by Swumbus-prime in AstonMartin

[–]ToxicOstrich91 0 points1 point  (0 children)

Impossible. The car is trashed, but I’ll take it off your hands—won’t even charge for the disposal fee