Attorney Ursula Woods & Attorney Monika Johnson

We're "Asking the Experts" about Divorce with Attorney Ursula Woods & Attorney Monika Johnson on The Bev Johnson Show on WDIA Radio.

Episode Transcript

Speaker 1 (00:03):
Memphis probably presents the BEV Johnson Show.

Speaker 2 (00:08):
Let me say, bethne me sir, let me you say.
She's gone memphistop game. No matter of the problem, she

(00:31):
can have. So all the phone a moment thing of mine.
She was there, Jimmy adding in the hair by telling
you to just keep the thing, went around picking up
the dhing show. Got this nothing happening.

Speaker 3 (00:58):
Here every day you d I ain't.

Speaker 4 (01:02):
My bell?

Speaker 2 (01:03):
Got me a missed tping.

Speaker 5 (01:48):
Good morning, good morning, good morning, and welcome into w
d i A The Rev.

Speaker 6 (01:54):
Johnson Show.

Speaker 5 (01:55):
It is in indeed a pleasure to have you with
us once again on this Monday, December sixteenth, twenty twenty four.

Speaker 6 (02:06):
Enjoy this fabulous day to day.

Speaker 5 (02:08):
Get ready to put your ears on as we get
the good news information back in the house with us
our sisters Attorney Ursula Woods, Attorney Monika Johnson is here
from preferred title and escrow the bankruptcy Firm and nine
zero one correct, So get ready to dial nine zero

(02:32):
one five three five nine three four two nine zero
one five three five nine three four two eight hundred
five zero three nine three four two eight hundred five
zero three nine three four two eight three three five
three five nine three four two will get you in

(02:55):
to us. And if this day, this day, Monday, December
twenty sixteenth, I'm trying to get out before December sixteenth,
twenty twenty four.

Speaker 6 (03:15):
It's your birthday. Enjoy your birthday today.

Speaker 5 (03:18):
You know what we say, go out and celebrate your life.
You are better, get better. When we come back, we'll
talk with Attorney Monicet Johnson and Attorney Ursa Woods, and
we'll get that famous soapbox next with me Bev Johnson

(03:40):
on the BEV Johnson Show on w d IA. Welcome

(04:53):
back to w d I A The Bev Johnson Show.
It is a Monday, December sixteenth, twenty twenty four. Wherever
you are, I hope you enjoy this day. Welcome in
too the BEB Johnson Show. I'm dev this day. Our
sisters are back in the house. Want to welcome. As always,

(05:15):
Attorney Monika Johnson is here and Attorney Ursula Woods is
in the house. And as we always say, get ready
for that famous soapbox.

Speaker 6 (05:28):
Good morning, sister, Good morning sister.

Speaker 7 (05:32):
Good morning you as well.

Speaker 5 (05:34):
Ben.

Speaker 7 (05:35):
Good morning.

Speaker 6 (05:36):
How y'all doing. I'm doing great good.

Speaker 7 (05:39):
I feel so blessed to be here today.

Speaker 6 (05:41):
Yeah, we're good. Y'all ought to see it.

Speaker 5 (05:44):
They got we got the Reindeers, we got Street Christmas
out here, Christmas.

Speaker 8 (05:49):
Out Attorney Johnson, do we have any updates on baby Gray?

Speaker 7 (05:54):
Oh my gosh, she is so perfect.

Speaker 9 (05:56):
For those of you who do not know, I am
a brand new grandmother. Actually I'm called Honey, Honey, and
Honey's baby's name is Gray, and Gray is three months old.
She is perfect in every way. And like I said, Beth,
I'm so glad to be here because I am still
living and breathing and I get to see this wonderful

(06:19):
being come to maturity. So I'm just grateful today, right Gray.

Speaker 7 (06:24):
Gray is her name?

Speaker 9 (06:25):
Gray at least is her middle name, g r A
y And just like Gray, So, Macha, my daughter never
met her grandmother. Her father's mother passed away before she
was born, but their surname is grays so in honor

(06:46):
to her and much to you know, the legacy, she
used it as a first name. I love her name
is Gray Gray, all right, Honey, I.

Speaker 6 (06:59):
Love that, honey.

Speaker 7 (07:00):
Yes, and Honey, she can get whatever she wants.

Speaker 5 (07:04):
Okay, okay, absolutely, okay, I love that, all right, sister,
our famous soapbox today.

Speaker 6 (07:11):
Our famous soap vox.

Speaker 8 (07:13):
On this beautiful day, I want to talk about that
God is still in a blessing business, but don't let
you stop yourself from your own blessings. Let's talk about gossip.
Why gossip does not belong in the workplace, right? I
want to talk about something we've all experienced in one
way or another. You know that whisper in the hall way.

(07:34):
Did you hear about so and so girl? Or she
don't even know what she's doing. It's like junk food
for the soul. It may taste good for a second,
but it'll leave you feeling a little sick afterwards. Here's
the thing about gossip. It might seem harmless, it may
even be funny or entertaining, but it has a sneaky
way of eroding the trust. It creates drama, and it

(07:58):
turns down the team spirit. And if we really get
real about it, none of us came to work for
a soaproper. We usually come to make impact, to grow, hopefully,
enjoy the process, and ultimately walk away with a paycheck.
Eleanor Roosevelt once said, great minds discuss ideas. Average minds

(08:22):
discuss events, and small minds discuss people. So let's have
a great mind. Let's imagine what we could accomplish if
we took all of the injury, energy and time that
we spend gossiping and redirected it into collaboration and problem solving,
going to the person who's struggling in the cubicle next
to you and offering a word of advice or at

(08:43):
the bare minimum, asking them what is it that they need?
Because how can we give someone something unless we know
what they need, because we may be giving them the
thing that's actually constantly hurting them. But I get it.
Sometimes we then, sometimes we become curious. Sometimes we just
want to have a quick laugh. But what I really
want you to do is remember that when you work

(09:04):
on a team, you have to thrive on trust. And
every time you go in and you shut down gossip,
that means that you're building up a culture of kindness,
respect and integrity. And isn't that kind of like the
place that you want to work in? So I challenge
everyone today to flip the script. Flip the script, no
gossip being instead, choose love.

Speaker 6 (09:25):
I like that. Yeah, that's my word of today. As
my boyfriend Kim would say, love always win.

Speaker 8 (09:34):
Love always win always, even when you don't feel like
love always wins, it always win.

Speaker 6 (09:39):
All right, all right, good soapbox today, I love it.
Thank you.

Speaker 8 (09:43):
So I wanted to talk about Attorney Johnson and I
have been working on a project kind of like behind
the scenes. We really don't talk about it publicly that much,
but today I really did.

Speaker 6 (09:54):
And that is divorce.

Speaker 8 (09:56):
A lot of times in our community, it's a tough subject.
And and that you know, we tend to walk away
from our marriages without finalizing our paperwork and actually getting
into divorce. Culturally, we tend to be strapped for money
or either we just really want to keep the family
together even though we're not still in the same home.

(10:16):
So today Attorney Johnson and I, one of the things
we want to talk about is uncontested divorces. Attorney Johnson,
what's some of the common questions that you may get
when you're in your uncontested divorce cases? So, first of all,
if you would allow me, as Attorney Woods, I'd like to
describe what it means what an uncontested.

Speaker 7 (10:36):
Divorce actually is.

Speaker 9 (10:38):
That's smart, That is a divorce where both parties have
come to a mutual agreement that the relationship is no
longer working and they can file the divorce based on
irreconcilable differences.

Speaker 7 (10:53):
Our differences cannot be reconciled.

Speaker 9 (10:56):
We both desire this divorce, and in addition to that,
we both have agreed to the division of the assets
that were generated during the marriage. Now, uncontested means there
is an agreement. I cannot say that enough because I
have people say, well, it's uncontested, he wants the divorce,

(11:19):
But then there's no agreement with regard to who's gonna
move out of the house.

Speaker 6 (11:24):
If the house is.

Speaker 9 (11:25):
Going to be sold, you know who's going to carry
insurance for the children. There's no mutual understanding. That is
not an uncontested divorce. Okay, So if you have an
uncontested divorce, that means that not only do both parties
agree that this divorce is necessary and they both desire it,

(11:46):
but they have also agreed to the custody of the children,
how the children are going to be maintained, as well
as how the division of the assets will go. So
Attorney Woods, assuming we have an actual uncontested divorce, what
does that mean? Number One, that there's a difference if

(12:07):
you have minor children. And so we get quite a
few questions when there's an uncontested divorce and there are
children still.

Speaker 7 (12:18):
Under the age of eighteen.

Speaker 9 (12:20):
In that situation, we have questions about, well, am I
gonna have to pay child support?

Speaker 7 (12:25):
You know she agreed, she agreed that she wouldn't.

Speaker 6 (12:28):
Accept child support.

Speaker 9 (12:29):
Well, I have to tell you there are child support
guidelines in the state of Tennessee. There's a worksheet. It's online.
You know the number. You plug your numbers in, and
it's very clear if that individual will be required to
pay child support. And so we will work with you.
If you have an uncontested divorce and there are minor children,

(12:53):
we will work with you in completing that worksheet to
determine what your responsibility is if any all.

Speaker 8 (13:01):
Right, and so then I'm sorry, BEV for you. Okay,
I'm listening, Attorney Johnson. So we have done a few
of these now and one of the one of the
issues that come up is what if the spouse, even
though it's uncontested, they all agree, What if the spouse
doesn't want to sign, What if we can what if

(13:21):
he or she says no, I love you? You know
Can you get a divorce even though they're not signing.

Speaker 9 (13:28):
You can, but it will no longer be uncontested. In
a situation like that, then we in the state of Tennessee,
we're still a state where you have to prove grounds
for a divorce, and so the grounds are many, right,
it could be abandonment, you know, it could be adultery,
you know, it could be a number of things. But

(13:50):
in that situation, when you do not have agreement, then
you will actually have to file a lawsuit and you
will have to file a complaint for a divorce. You
would have to make all of your allegations for the
reasons why you want the divorce, and either that party
will show up and respond to your allegations or they

(14:12):
will not. And if they do not show up, then
you will be asking the court to grant the divorce
based on that individual not showing up, based on a
default judgment. So the answer to your question is can
I get a divorce if the other party won't sign,
you absolutely can move forward and get that divorce.

Speaker 6 (14:34):
If that other party doesn't sign.

Speaker 8 (14:36):
Correct, yeah, you can, so uncontested divorce. One of the
other reasons why I really wanted to talk about it
is because within our community, so oftentimes people get ready
to buy a house or sell a home only to
discover that they have a spouse that they intended to
divorce but they did not. So the things that you
need to consider to get to a place where you

(14:57):
have an uncontested Oh let me back up one other thing.
Uncontested divorces are much more affordable than a contested divorce
because you're not paying an attorney to work on an
hourly rate. Most of us just simply charge a flat
fee in order to do uncontested divorces. So the things
that you and your spouse need to talk about. If
you say you know what we're going to agree that

(15:20):
we're going to separate, you know you could be better together.
Or you may say, ah, I can do bad all
by myself. So if you decide now this is your decision,
If you decide that you would be better together, then
this conversation is not for you. I highly advise that
everybody who decide you'll be better together, then for the
two of you to come together to define what your

(15:41):
relationship looks like, what are your boundaries, what are your rules?

Speaker 7 (15:44):
Here?

Speaker 8 (15:45):
The other person out and one last type of advice
for better together is and this is what I heard
I heard.

Speaker 6 (15:51):
I got this off the internet. I just thought it
was really great.

Speaker 8 (15:55):
It said that when you're having an argument with someone,
listen to understand, like seriously, listen to understand. You're not
allowed to ask but one question, and then that is
is there anything more you want to share?

Speaker 6 (16:10):
Wow?

Speaker 8 (16:10):
Is there anything more you want to share? And then
when you're listening, your response should really be first to validate,
not to defend. Right, So I'm gonna play this out,
Monika says, Hey, Ursula, you know you stepped on my
toe and you really hurt me. Right, doesn't matter if
I believe I stepped on her toe or not. There's

(16:31):
no need of me saying, well, what had happened was
I was running and I accidentally said, no, I apologize
for stepping on your toe.

Speaker 6 (16:39):
That's if I'm responding.

Speaker 8 (16:40):
But really, my first should be is there anything more
that I need to know?

Speaker 9 (16:44):
Yes, there's more that you need to know, because I
feel like you were just being very negligent in running
through the office and you stepped in really really hurt,
and you stepped on my toe.

Speaker 8 (16:55):
And then I come in and I apologize for stepping
on your toe. That had to be a tough day,
especially considering everything that you're going through, and then you're
met with someone stepping on your toe. My apologies, And
now I have been heard. Yeah, she has been and validated,
heard and validated. So now for those who are saying, no,
we're not better together, we're not better together, I can

(17:17):
do bad by myself. So if you are in a
position where you are considering getting a divorce or something
that you have been putting on a back burn and
back burner, then now is the time. God cannot make
space for you're new if you're still attached to your old.
So at some point you have to give space in
your life for whatever new needs to be ushered in,

(17:38):
especially if you've already made the decision. You've already made out.
So the things that you and your spouse need to
agree on to have a uncontested divorce is number one
are the debts. So under the debts, you have to think,
you all have credit card, you all have house, you
have car, Who's going to take what credit card?

Speaker 7 (17:55):
Debt?

Speaker 8 (17:56):
Attorney Johnson do traditionally your clients split them down the middle,
or how do your clients do their debts.

Speaker 7 (18:03):
Well, it's the major debt i e.

Speaker 9 (18:06):
The home or the mortgage generally is split down the middle.
But the other debts I have found, the unsecured debts,
like credit card debts and the like. What I've learned
is the clients, if this is primarily my credit card,
then I'm gonna take this debt. That credit card was

(18:27):
primarily used by you and in your name, so you're
gonna take that debt. This is primarily the car that
you use, so you're going to pay that car note.
And I'm going to keep this car and pay this
car note. And so I see them divide the majority
of the debts, but the primary or the larger debts

(18:49):
are are are joint and then they each agree to
fifty percent of that debt.

Speaker 5 (18:56):
Sounds good. I want to stop you talking about divorce.
If you've just tuned in and you know our ladies
can answer any question. Attorney Monika Johnson is here. Attorney
Ursula Woods is here if you do have questions or
two for them. Nine zero one five three five nine
three four two eight hundred five zero three nine three

(19:20):
four two eight three three five three five nine three
four two will get you in to us. You're listening
to double d i A The BEV.

Speaker 10 (19:32):
Joy Show, Wishing you and yours a merry Christmas and

(19:57):
happy holidays from the Bev Johnson Show and w d
i A.

Speaker 6 (20:27):
You know, over the.

Speaker 2 (20:29):
Time working hard to bring you HOTA days now selling.

Speaker 5 (20:57):
Good morning and welcome back to do w d i A.
I'm Bev Johnson. We are talking with our attorneys today
as we ask the experts. Attorney Monika Johnson is here,
Attorney Ursula Woods, and ladies, we're going to our phone
lines to talk to Lee Aurra Haylee Aura, Hi, Leora, Hi.

Speaker 11 (21:22):
I just wanted your phone number.

Speaker 6 (21:24):
Oh whose phone number? The attorney's phone number?

Speaker 11 (21:27):
Yes, ma'am.

Speaker 8 (21:28):
Okay, our number is ninezer one five four one help
nine zero one five four one four three five cents.

Speaker 6 (21:41):
Thank you, You're welcome, Thank you, bye bye.

Speaker 5 (21:44):
She wants your number, so she says she's talking about divorce.
So okay, w.

Speaker 4 (21:48):
D i A.

Speaker 6 (21:49):
Lady d.

Speaker 12 (21:51):
Hey, hey, lady doing well you Thank you, lady d
you know you're welcome again. Of course, than to ask
you and I told you know what ers I told
her maybe from somebody in that profession. You know some
of my family members of listening, and she one of them.

(22:13):
She's so sweet she is, but you know she thinks
she was gonna feel good. I said, no, baby, Auntie
telling you if I'm gonna put you in touch with
the lady that when she tell you exactly what I'm
telling you, you'll receive.

Speaker 11 (22:30):
It more better.

Speaker 12 (22:32):
But I'm on you, of course, and I'm gonna hang
up and listen. Now, if you own property, free and
clear straight out, you don't. It's not tied to anybody.
But you had a good job, as I said, a
great job. You were making good money and your job

(22:55):
went out. You got another job, but it's not where
you was at first.

Speaker 11 (23:01):
Is it possible to.

Speaker 12 (23:04):
Five bankruptcy on the credit cause the person I'm talking
about there listening, is it possible to five banks? You know,
put those cards up on the bankruptcy but not the property?
If it?

Speaker 6 (23:21):
Yes?

Speaker 12 (23:22):
Makes sense?

Speaker 8 (23:22):
The answer is yes, and it does make sense. It
makes complete sense.

Speaker 12 (23:28):
Even though I'm gonna say again the property paid for it.
The only thing is own it, I think is the
taxes and they pay in shown.

Speaker 8 (23:38):
No you cannot, well yes, well no, I'm sorry. I
was all over the board with that. So to answer
your question, yes, you can file a Chapter seven or
the Chapter thirteen bankruptcy and only bankrupt that particular debt
that you don't want, meaning that you can bankrupt your car,
your credit card, and your medical bills, and then you
can keep your house. Or you may say I want

(23:59):
my car and I don't want the house.

Speaker 6 (24:01):
You can do that as well.

Speaker 8 (24:02):
You can you can keep whatever you want to keep,
and you can bankrupt whatever you want to bankrupt. However, however,
there are guidelines within that that you must adhere to. So,
for example, the only way that you can file a
Chapter seven bankruptcy under your scenario is if the value
of that house to equity in that house is less

(24:24):
than twenty five thousand, or I would have to meet
with that person.

Speaker 6 (24:27):
It may be twelve five.

Speaker 8 (24:28):
I would need to meet with them to see what
their specifics are, if they're married, they have any minor children,
because all of that does. But in Tennessee, in the
Western District of Tennessee, we do not have a large
amount of equity that can be in the house. The
reason why I'm saying that is because, let's say, for instance,
in Florida, from my understanding, you can have up to
a million dollars in equity and a home and then

(24:51):
file bankruptcy and keep the house. Okay, So, but there
are ways in which you can do it and you
can still thrive.

Speaker 6 (24:57):
You know.

Speaker 8 (24:58):
You also, your president has filed bankruptcy a few times
and he's present.

Speaker 6 (25:03):
There is a life after present.

Speaker 12 (25:07):
Yeah, but I don't think the house that they stay in,
I think it's paid for two. But I'm talking about
some property they all out.

Speaker 6 (25:18):
You mean, they have some investment, they have some other properties.

Speaker 8 (25:21):
Correct, So they may be in a situation in which
they would not be eligible for a Chapter seven straight
bankruptcy because of the equity that's in those houses, meaning
they own it without having any bills on it. But
they can found a Chapter thirteen way journer in which
they would repay that debt over the period of three
to five years. It would stop any interest being charged,

(25:42):
and we could look and see what percentage we could
repay that debt back.

Speaker 13 (25:46):
AP.

Speaker 12 (25:47):
I got you, I got you, bank you.

Speaker 6 (25:54):
Good question.

Speaker 12 (25:55):
You welcome, have a good one, have.

Speaker 11 (25:58):
A good.

Speaker 6 (26:00):
Bye.

Speaker 5 (26:01):
All right, good question about bankruptcy. So again, so you
can bankrupt your credit card.

Speaker 6 (26:07):
Correct, you can bankrupt your credit cardse.

Speaker 8 (26:09):
So what let me tell you the issue that she's having,
and this is even with the divorce. The issue is
you can fund bankruptcy and you can keep your house.
But what the government says is if you have fifty
thousand dollars in equity in your home, then they would
prefer for you to pull an equity line of credit
to be able to repay your debt, because that's what
the equity is there for. But each state has different rules.

(26:31):
Even though it's a federal law, every they can have
more restrictive guidelines based upon their state. And then Florida
is very generous. That's the reason why a lot of people,
of course go to and move to Florida. That's a
part of their retirement plan. Yeah, okay, all right, And
just to let you know, bankruptcy can be a part
of your retirement plan because you know that when you

(26:53):
retire that your income is going to be yeah, it's
going to be severely reduced. Therefore, you may want to
get rid of all of your debt. Keep the house,
of course, pay the car off, but get rid of
all your other debts. So then that way, when you retire,
you have more in your savings. Or shall let's say
your coffers to be able to take care of you
and so get rid of that debt. So we were
talking about the things that have to consider it if

(27:14):
you're considering a divorce and you want an uncontested divorce,
because with an uncontested divorce it's less expensive than a
traditional divorce. So with that said, you have to divide
your assets and you and your spouse need to agree
on it. When we talked about assets, we're talking about
even your debt, your credit card debt as well as
medical bills and your car that can also be bankrupt,

(27:36):
which can be a part of your divorce proceeding. You
may say, me nor my spouse really have the money
to divide this. We really just need a complete fresh start. Well,
we can do a package deal at our firm where
we're doing your divorce and then we're also doing your
bankruptcy so that you can become debt free and you
and your spouse can go it to twenty twenty five
with a fresh beginning. Another thing you have to consider is,

(27:58):
but attorney Johnson was is the house and any investment
properties You may want to look at, how much equity
is in the house, not just the monthly payment amount
that can be afforded, but how much equity is.

Speaker 6 (28:09):
In that house. Who's going to divide the proceeds.

Speaker 8 (28:11):
You may say, well, I want my wife and the
kids to be able to stay in the house, I'll
move out, but I don't want to give up my equity.
Well then that's fine as well. We can negotiate to
where she stays here, or she can stay in the
house until the age of majority for the children, which
is traditionally eighteen. But all of this can be negotiated,
so this isn't something that has to be one way

(28:33):
or no way. And then the other thing is spousal support.
So what are the things do people still go after
spousal support?

Speaker 6 (28:40):
Attorney Johnson?

Speaker 8 (28:41):
Oh absolutely they do, do they Okay, absolutely they do,
And so really spousal support, you can there are two
different types or forms of spousal support.

Speaker 9 (28:55):
One is temporary support and one is more support that
longer term or in the future. And so more often
than not, what we see is those individuals asking for
a temporary support and what instances will temporary support be accepted.

(29:16):
That is, generally when you have one spouse that is
the primary breadwinner and the other spouse is being supported
by that individual, but that spouse provides all the necessary
upkeep for the house and the maintenance and the like,
and so that individual usually will say, hey, I need

(29:37):
support in order to get back on my feet because
I have been supporting you for the last ten years,
you know. And so the court may give you know,
spousal support for ten additional years, you know, for that individual,
just depending on the circumstances, the educational you know, the

(29:58):
whether or not that whether or not that spouse can
actually go out and be a viable candidate for a job,
so all of that.

Speaker 8 (30:07):
So for example, you may be a stay at home mom.
I know a few like this as well. And they
may have a medical degree, they are a licensed practicing
doctor or a law degree, but unfortunately they have not
used that degree in their license unless say ten fifteen
years since they've been married. So that means that when
they're getting a divorce at fifty, they're going into the

(30:29):
marketplace with three years of experience from twenty years ago.
That may not translate into a viable income for that
person to be able to support themselves. Therefore, that would
make it your spouse's responsibility if they want to get
a divorce.

Speaker 9 (30:45):
And again best case scenario, we can't say it enough.
And that's the reason why we only focus on uncontested
divorces is because it will save you a lot of
money time and it's well I said, money expense. If
you all just agree, if you can sit down and
reasonably agree to what that spouse of support would be

(31:08):
or should be.

Speaker 5 (31:09):
If any we are going to our phone lines. We
have a caller waiting, going to our phone lines, ladies,
Good morning caller.

Speaker 6 (31:18):
High.

Speaker 14 (31:20):
Hello, ladies, how you all to day? Well?

Speaker 2 (31:22):
Wow?

Speaker 3 (31:22):
Hello?

Speaker 14 (31:25):
Two questions can you explain to the audience about a
quick claim d and also if you lose sorry, if
your house is divided, that you double check the insurance
regarding flood insurance and other type insurance area in case
of a dell stained storm to come to your area

(31:46):
and wipe out your house. And those are two questions, ladies.
I'll hell listen, thank.

Speaker 2 (31:52):
You, thank you.

Speaker 15 (31:52):
Carl.

Speaker 6 (31:53):
All right, you want to take insurance or you want
to take quick claim? Can you repeat the question?

Speaker 8 (31:58):
So, first off, what is a quick claim and a
quick claim deed is a deed of transfer.

Speaker 6 (32:03):
It's first no bell what's our pet feet it's a
quit q U I T. That's number one quic K.
It is not qu i c K.

Speaker 9 (32:14):
But can I just say in defense of our callers
and our clients that it makes sense. It may say
witch because it is a shorter kind of version of
you know, a longer or longer process. So it makes sense,
but it is not legally correct. Please do not put
q U I c K on your deed. Okay, yes, right, right.

Speaker 6 (32:37):
All right.

Speaker 8 (32:38):
So a quit quit q U I T A quit
claim deed is a d to transfer. It is what's
used when you're transferring title from one person or one
entity to another person or another entity. Traditionally, quit claim
deeds are transferred between two individuals that have some level
of familiarity with one another, so friend, a relative, or

(33:01):
the colleague. This also tends to mean that that person
did not did not get a title search. That means
that no research has been done on that home. Therefore,
if you're going to get a quick claim d you
need to really understand that this is a very risky
proposition and you definitely need to do the research on
that property prior to accepting a quit claim deed from

(33:26):
someone the second thing that the second item that the
caller wanted us to address was insurance. This is someone
for he's asking this of someone who has had issues
for the last three years in their home. But the
last three years, every time that it freezes, my pipes
freeze and they have burst two out of three of

(33:48):
those times, and one time it was devastating in which
I did not have a home for about six months
because it had to be renovated. So I highly advise
for everybody to look at their insurance, make sure that
you have the proper replacement coverage, look at your deductibles,
and even maybe go as far as calling a heating
and air person, an actual licensed person to give you

(34:10):
tips to how to keep your plumbing warm and safe
and their day don't burst. Matter of fact, I need
to take that on my own advice on that. And
traditionally that happens immediately after Christmas or either Memphis is
good for a frost in like February or March. It's
the weirdest thing, but it will happen. So that's that's
the answer that question. And miss let's say, Miss Dubos,

(34:33):
Miss Monika, what's a good insurance company that they can call.

Speaker 9 (34:37):
Oh, Hometown Insurance and Investments. Hometown Insurance and Investments. I
highly highly recommend mister Thomas Dubos Junior that numbers nine
zero one eight, five four, five, seven seven three really
for all of your insurance needs.

Speaker 7 (34:55):
You know, more than just the home and auto.

Speaker 9 (35:00):
But you know I like to talk a lot about
his state planning and trust, and so if you're even
interested in any type of life insurance or investment products,
I would highly recommend.

Speaker 6 (35:10):
Mister Debos, right.

Speaker 8 (35:12):
And so then we also have Michelle Hayes and Realist Sanders.
Both of them are with All State Insurance Agency. That is,
Michelle Hayes and Realist Sanders. Those or two of our faves. Last,
but certainly not least could go twitch gears and go
back to talking about divorce.

Speaker 6 (35:29):
Right. You can either do better.

Speaker 8 (35:30):
Together or you may say, you know what, I can
do bad all by myself. So if you're in the
category of you can do bad all by yourself, then
let's show you how you can do better. So a
timeline when we're looking at a timeline for divorces, one
of the I'm sorry before we get to timeline of divorces.
Attorney Johnson, you brought up another thing for us to

(35:51):
talk about when it comes to divorce. What is it
time for them to also consider?

Speaker 9 (35:55):
Yeah, there are so many things that you need to
consider when you're unwe raveling a divorce because a marriage
is recognized in all fifty states as a legal union,
as an actual entity, and so when you began to
dissolve that legal entity, there are other ramifications that come

(36:18):
into play. Number One, if you own joint property, if
you have what we call a joint revocable trust as
your estate planning product, where you and your spouse have
gotten together created a trust for you all and your children.
Now you have to remove that property potentially from the

(36:40):
trust because now you have to divide the marital assets.
And so you need to be considering not only how
to modify the existing trust or the existing estate plan
that you have with your soon to be ex spouse,
but because your circumstances have drastically or will drastically changed,

(37:01):
it's a life altering decision. Then you too need to
think about creating your new estate plan as a single person,
and that could be a single person with or without children.

Speaker 8 (37:14):
And so and what about special unique situations in which
if we have a special need child.

Speaker 9 (37:20):
Oh yes, yes, So one of the things that we
sit and we talk to parents about are what we
call special needs trust. Sometimes we have children that may
not be able to care for themselves long term, and
so we need to think about.

Speaker 7 (37:35):
Planning for them now. Okay.

Speaker 9 (37:38):
And when you have a divorce, whether you have a
child together that has some special needs, or if it
is your child or the other spouse's child, you cannot
ignore making sure that that child is cared for, and
you need to make sure that that is done throughout
that divorce process.

Speaker 7 (37:59):
If our where the court, I would require you to have.

Speaker 9 (38:02):
A special needs trust to ensure the protection of that
child who may not be able to care for himself.

Speaker 8 (38:09):
Absolutely, and I think that that's just a good thing
for us to consider because we all love each other
today and we can all get along today. So then
let's go in and put all of it in writing,
you know, inside of a trust when you're considering divorce.

Speaker 5 (38:22):
All right, good information, ladies. Oh y'all own it today,
Oh y'all on it today. We're talking divorce. And you know,
the ladies can answer other questions about real estate and
trust and wills if you have a question or two
for them nine zero one, five, three, five, nine three
four two eight hundred five zero three nine three four

(38:44):
two eight three three five three five nine three four
two will get you in to us. We're asking the
experts with Attorney Monika Johnson and Attorney Ursula Woods right
here on double D. I A the Beth Johns sal.

Speaker 1 (39:15):
Don't go away. The Bev Johnson Show returns after these messages.

Speaker 3 (39:44):
I'm telling everyone and Beth talking.

Speaker 5 (39:55):
Everyone, and we're talking but with our attorney's attorney Monika
Johnson and Attorney Ursula Woods.

Speaker 6 (40:04):
Before you continue.

Speaker 5 (40:05):
Attorney ERSA, I wanted to ask Attorney Monika because we
always hear about this thing that if you are married
for ten years that you're able to get your spouse's
pension and this and that. So explain that ten year things, Yeah,
because we always hear about I was married ten years,

(40:25):
so I can get I can get your pitchion, I
can get your property.

Speaker 6 (40:28):
I can get so.

Speaker 9 (40:30):
Tennessee, unlike a lot of states, we're one of the
few states that is still what we.

Speaker 7 (40:37):
Call a community property state.

Speaker 9 (40:40):
So what that means is, once you become married, any assets,
you know, any income, that comes to the marriage becomes
during that period, becomes what we call community property. So
I've heard somebody say it this way, Hey, you know,
half half of her paycheck is mine, and the wife

(41:03):
got really offended, like I work for this money is
not your paycheck, And I say community property. Yeah, half
of your paycheck is his. Is just like half of
his paycheck is yours. Right, Because any income that's coming
into the marriage during that marriage is community property. So
that also includes what you're investing in your retirement, right,

(41:27):
You're you're you're investing in the retirement during the marriage.
Then that asset becomes an asset of both you and
the spouses as it relates to community property. So there
are some statutes that give you time periods for spousal rights,

(41:48):
and so I'm not really familiar with with with with
just a pension in particular, but I can tell you
that the statue provides that a spouse can have up
to forty percent of her spouse's estate when they pass
away if that spouse wasn't listed on anything, but that

(42:11):
spouse was married to that.

Speaker 7 (42:13):
Person for ten years or longer.

Speaker 9 (42:15):
Right, usually in Tennessee, that spousal's spouses can get what
we call up to one third of the estate, but
in Tennessee, when you've been married ten years or longer,
that can be up to forty percent. That's just an
example of the spousal rights that you have once you're married.
So it's also another reason bev that if you no

(42:40):
longer desire to be in this relationship, that it is
incumbent upon you to quickly get out of the relationship
so that we can settle out whatever that retirement is
that that person may or may may not have a
right to.

Speaker 6 (42:58):
And with that.

Speaker 5 (43:00):
So if that person gets divorced a divorce, and then
can a person come back and say, well, I was
married to him or her for ten years, I want
to get some of that. Can they come back and
do that?

Speaker 9 (43:12):
If they did not provide for it in the divorce
and there was this retirement out there and the spot
and let's say that spouse never told the wife that
there was a retirement out there, then absolutely yes, that
person could come back because that asset was not disclosed
or you know, discovered. But what we want to do,

(43:34):
and I can't stress it enough, is you know, you
sit down, list all those assets. Don't forget the retirement,
because then we need to strategize about what is I've
seen situations where a spouse will say, hey, rather I'll
just wait till I start taking my pension and I'll
you know, and then this person can get this. Or

(43:57):
I've seen situations where I say, look, I don't want
them to have, you know, hands on my pension. Is
there a way that I could just go ahead and
pay her out now or pay her out over time.

Speaker 7 (44:06):
So again, as.

Speaker 9 (44:08):
Long as you're negotiating and you're coming to a joint agreement,
the sky is pretty much the limit. But when you
don't negotiate and you do not come to an agreement,
that it's ugly expensive and you do not know what
the court is going to decide it's fair.

Speaker 6 (44:25):
And now it's got the time to leave it up
to other people to decide your faith. That help, Yeah,
it did help. Yeah, that helped a lot. Ladies.

Speaker 5 (44:33):
Let's go to our phone lines before you continue, and
go to our callers.

Speaker 6 (44:37):
W D I a high caller.

Speaker 16 (44:41):
Hey, Hey, bib, how you doing?

Speaker 4 (44:43):
Hey?

Speaker 6 (44:43):
Common man?

Speaker 13 (44:45):
All right?

Speaker 16 (44:45):
Hello to the ladies, Hello Earth, Hello, Hey, hey, have holidays.

Speaker 11 (44:51):
To you all?

Speaker 6 (44:52):
Happy holidays?

Speaker 16 (44:54):
All right, Hey, listen I was listening to you all
and just heard you speak about the ten year thing,
and some came to my marr real quick when you
all eleborate on the fact that Tennessee does not acknowledge
came in law marriage.

Speaker 11 (45:07):
And I say that because I've actually.

Speaker 16 (45:11):
Whiness people argue with their boyfriend family after being with
them over ten years, thinking that they had a marriage
under common law grounds, and it's no such thing.

Speaker 8 (45:21):
You know what that is a That's a very good
point because I've had people do to argue about that
same thing. But you've said it best. We do not
have come in law marriage in Texas. We do so
if you have been cohabitating with your boyfriend or girlfriend
for any length of time, and you feel as though
because you all have held yourselves out to be husband
and wife, because someone has called you by his or

(45:43):
her last name, that it makes you come in law
husband and wife.

Speaker 6 (45:47):
That is not the case.

Speaker 9 (45:49):
It's not at all, and and quite frankly, you know,
it becomes a shock to those that you know. We've
been together thirty years. I believe mortgage I paid just
as much as he did. But you have no rights. Remember,
Tennessee is a very conservative state.

Speaker 6 (46:09):
It's the reason why we.

Speaker 9 (46:10):
Still have what we call, you know, community property for
married couples. We're very, very conservative, and so because of that, Yeah,
we don't recognize anything other than a legal, actual marriage.
You can live with somebody and contribute to that home
for fifty years and not have any rights.

Speaker 13 (46:33):
That's right.

Speaker 16 (46:34):
So yeah, I just want to highlight that for the
audience because some people, some people didn't know that, and
that's that's a fact, that's the truth.

Speaker 7 (46:42):
That's absolutely right, And I'm glad you brought that up.

Speaker 6 (46:44):
Thank you, comming man.

Speaker 11 (46:45):
Okay, all right, I'll be good.

Speaker 6 (46:47):
You too, allright. W D I a high caller.

Speaker 4 (46:51):
Yeah, this is Sharon. Hey, Sharon, listen, I'm listening. I
got wrong, but I need to clarify something. I'm not
a lawyer, but I'm this into what your lawyers saying.
She needs to add something to what she's saying about
the fifty percent of who can get whatever when someone's divorced.
And again, I know she knows she's talking about, but
she needs to listen to me because I just gonna

(47:12):
do this.

Speaker 11 (47:14):
The military.

Speaker 4 (47:15):
Listen, if you're the military, if you you and your
your husband to marry ten years and one day. It
doesn't matter what state you're married in, does not matter
what state you're living in during the marriage, It doesn't
matter what state.

Speaker 13 (47:27):
You're living in.

Speaker 4 (47:27):
Doing a divorce, you will and let me say this,
you will be forced to give your spouse sid to
to send you retirement, no questions asked. And if you
try to flight the girl, you're.

Speaker 11 (47:38):
Gonna be in trouble. I know what I'm talking about
because I tried it. I tried to fight it.

Speaker 4 (47:42):
I got all cancer slack.

Speaker 14 (47:44):
You know what.

Speaker 4 (47:44):
I was afraid you canna get the slack I was
told I was gonna get. I helped my ex get
half of mind because I don't want to back clash.
But now that he's gone. He died unexpectedly at the
end of October. I had to jump through some booths.
But guess what first is ever I get it all back.

Speaker 7 (47:58):
So praise guy, and you know what bath she is?

Speaker 8 (48:02):
Right?

Speaker 5 (48:03):
Okay, thank you sharing, Thank you for that information, and
thank you for sharing.

Speaker 9 (48:08):
Okay, military again, you're always yes, the government does not
play about ensuring that spouses are taken care of. In fact,
in fact, when we look at it, there aren't very
many more pensions left out there. You're either going to
be working for a governmental entity or some really really

(48:30):
old corporation that still has a pension. But for most part,
for you know, when we're talking, we're talking about those
four O one k's, those other investments iras that individuals have.

Speaker 7 (48:44):
When you have a pension, pension.

Speaker 9 (48:46):
Has their own design rules within the pension plan. I
have come up to some pension plans that will not
give benefits to children if if the if the employer
he dies early, but they do because of the way
the plan is written. They give benefits to a living spouse.

(49:07):
And so whenever you're talking about a pension, it is
going to be very important for us to look at
how the plan is got is actually designed. And yes, military,
yes tens you get access to retire.

Speaker 5 (49:23):
So if you're in the military, military has special provisions
that we don't necessarily okay have all right, so time
I'm sorry.

Speaker 6 (49:34):
Yeah, yes, w D I a high caller.

Speaker 10 (49:38):
How you doing?

Speaker 3 (49:38):
Bill Johnson?

Speaker 6 (49:39):
Hey Clyde, and.

Speaker 17 (49:42):
Hello, look look my partner. He was scared to call
the show, so he had me to call. Is when
he got married, he had his house, it's all his
toys and and he want to know if theve was
bady to get a the boy we had to give
up in the diaton.

Speaker 9 (50:04):
Well, he may or may not, right, It just depends
on a number of factors.

Speaker 6 (50:10):
I will tell.

Speaker 9 (50:11):
You that once he began, once he married his spouse,
and if they lived in that property as their marital
home and their marital residents, and she contributed to the
upkeep and maintenance of that home while she lived there,
she may have some rights even though she's not untitle

(50:33):
to the property. Again, Tennessee is what we call a
community property state. Any assets that derive or come into
the marital home are assets of both of the parties
of the community as a whole.

Speaker 11 (50:54):
And one more thing.

Speaker 17 (50:55):
Let you go now, he said, by them being having
to pass away, would she be to keep the house
without his kids having a problem with That's a very
good question.

Speaker 9 (51:08):
And this goes back to what I was trying to
describe about spousal rights and when they get a right
to get a certain percentage after their spouse dies passes away.
So basically, if your spouse passes away, and let's say
that you are not untitle to the home, because you
were never untitle to the home. Your spouse purchased that

(51:31):
property before you ever moved into the home. But then
you and he lived there for fifteen years and he
passed away. What are your rights as the spouse as
opposed to his biological children. As a spouse, you have
what we call a spousal share in Tennessee. So you

(51:51):
have a right to up to one third of your
deceased husband's estate. So that means you can That means
you would share that property. You would own thirty three
and the third percent, and his children would own the
remaining thirty three and the third percent. Now, if you
only had one child, then of course you all would

(52:12):
split that fifty to fifty. But if you have more
than one, then it's thirty three and the third. What
I was describing is the state of Tennessee has taken
it a step further. If you have also been married
to that person for more than ten years, then you
have a right to do what we call your elective share,

(52:33):
and you can ask for up to forty percent of
the estate. So that means now you will own forty
percent of the home and his children will own sixty
percent of the home. But yes, even though you're not
on title to the home. You will have rights to
that home along with the children, and it just depends

(52:54):
on how long you were married for what those rights.

Speaker 11 (52:57):
Would be good. I mean, they just came to a out.

Speaker 6 (53:01):
That's correct. That is that's correct, okay.

Speaker 9 (53:08):
Yes, And then the other question is I'm saying all
of that. Keep in mind, I'm saying all of that
assuming that there is no will and no trust, okay,
because that could change things if the property is actually
not in his name but it's in a trust, so
that changes things. I'm saying this based on the fact
that husband owned property, then he married someone. That person

(53:33):
lived with him in the home. He never added her
to the title. When he passes away, she will have
to share that property with the children or with his
other heirs.

Speaker 11 (53:45):
Okay, well I appreciate that.

Speaker 7 (53:47):
Okay, to help your friend, Thank you.

Speaker 6 (53:53):
Okay, go on, attorney ears law. All right.

Speaker 8 (53:56):
So one other thing that we want to make sure
that we point out when you talking about a divorce
is making sure that your voice is heard.

Speaker 6 (54:07):
Now is not the time.

Speaker 8 (54:08):
To be honest with you. Do you just say forget it?
They can have everything. I just want to walk away. Well,
sometimes that comes with regret. Now, when you're negotiating with
another person, what I try to tell people is no
one is gonna leave happy. Right If it's a proper negotiation,
everybody should walk away with a you know, like I

(54:28):
really wish I could have gotten Because what you're trying
to do is is level the play and field.

Speaker 6 (54:33):
You get the one or two.

Speaker 8 (54:34):
Things that are big for you, your spouse gets the
one or two things that are big for them, and
then that means that you're losing out on one or
two things and your spouse is as well. So everybody
should walk away from negotiation not feeling warm and fuzzy,
but really feeling like, Okay, I got my two things,
he got his two things.

Speaker 6 (54:51):
It balances out.

Speaker 8 (54:53):
Yes I wanted those four items, but I'm okay with
the two. So just be very conscious of that when
you're talking about it. Also, when you're getting ready to
have a hard discussion with anyone, you have to be
mindful of where and where that person is physically, emotionally, spiritually.
And I mean it's like have they eaten today? I'm
a very angry person. So if at the end of

(55:14):
the day you want to tell me, hey, I know
we hadn't been together in five years, and is it
okay if you sign these paperwork? Now's not the time,
It's four o'clock. I'm stressed. I'm a stressed attorney who's starving.
How about we have this discussion at the top of
the day, when I'm well fed and I'm well rested,
and they'd be like, you know what, baby, we hadn't
been seeing each other for the last eight years. Let's

(55:35):
go on and get this divorce finalized. Be conscious of that,
is this the anniversary of somebody's death their mother. Be
conscious and kind about that, and allow someone's space to
make it through the holiday if you feel like it
would be.

Speaker 6 (55:47):
An additional burden.

Speaker 8 (55:49):
So these are just things to consider when you're talking
about breaking up or talking about a divorce. So you
could be better together, or you could say I can
do bad all by myself. But either way, want you
to thrive in your new season.

Speaker 9 (56:03):
Yes, And I have one final thing to say, Like
last well, we didn't talk about prenups. We didn't talk
about about nucial agreements at all. And you know, I
just wanted to just throw that into the conversation because
if you're thinking about getting a divorce and you have
a prenuptial agreement. The first thing we're going to do

(56:26):
is ensure that that the terms of those that prenuptial
agreement are effective. So, for instance, if you have a
prenuptial agreement and that agreement promises you alimony, if you
all are ever divorced, and it promises you alimony for
the next five years, then ours your our conversation may

(56:50):
be a little bit different because it depends on whether
or not your spouse is going to just automatically say, okay,
I agree. The prenups said that, you know. So that
makes it a lot easier because now we already have
the terms that you all agreed to in the event
of divorce. So as long as you all agree on
those terms that are in the prenuptial we can do

(57:13):
the uncontested divorce. But let's say the spouse who has
to pay money now says well, I'm not paying it,
I don't care what that agreement says. Well, then now
we ought to show that he's breached the agreement. Right now,
we have to show that the prenup said if you
ever go out on a date with another woman, or
if you ever have sex with another woman, then I

(57:34):
have a right to a divorce and you're gonna pay
me alimony. Well, you just got another woman pregnant, so
I have a right to the alimony at this point,
but now you don't want to pay it. Well, now
it's no longer uncontested, and we actually have to file
that complaint for divorce and use all of that as
our evidence. So I just wanted to say, if you
have a prenup, then we need to take that into

(57:56):
consideration as we talk about what a potential uncontested divorce
could look like for you.

Speaker 6 (58:04):
All right back to our phone lines. Hi, caller, hell.

Speaker 3 (58:11):
Get afternoon, my most beautiful African Violet. How are you
doing today?

Speaker 6 (58:14):
I'm doing well, David. How are you?

Speaker 3 (58:18):
I'm doing better after that Detroit game.

Speaker 6 (58:23):
You had to rub that in, did you? But that's okay?

Speaker 9 (58:26):
Do all love?

Speaker 6 (58:27):
Do ill love?

Speaker 7 (58:28):
Yeah?

Speaker 11 (58:28):
Love?

Speaker 6 (58:29):
Do I love one?

Speaker 11 (58:30):
The game?

Speaker 6 (58:30):
That Centennial bull So I'm okay.

Speaker 3 (58:34):
I have nothing amnesia from Saturday.

Speaker 14 (58:36):
I don't remember anything.

Speaker 5 (58:38):
Okay, Okay, get afternoon, ladies.

Speaker 10 (58:41):
How y'all doing today?

Speaker 6 (58:42):
We're doing well, David? Thank you for calling.

Speaker 3 (58:46):
Oh oh bell, tell of my favorite mortgage professional. Have
a great holiday, I was. I was out and about,
but I did listen to the show that day, but
unfortunately I wasn't able to call in. But oh yeah, yeah, yeah,
I do too. Okay, lady, I have some of some

(59:08):
personal experiences and I wanted because I've been intrigued, but
one for thirty years. The other one was something that
happened to me, and I've always been intrigued by the
assets and wonder. I had a partner. He was living
in another state, professional and he was dating a medical doctor.

(59:29):
She was well obviously a professional, I think she was.
She was married to either an architect or a lawyer,
I can't remember. But they were living in the same house.
But they were no longer well they weren't. They weren't
They weren't sharing marital assets within the within the living room,
in the bedroom. How about that?

Speaker 6 (59:47):
Okay? Got it?

Speaker 15 (59:48):
So?

Speaker 3 (59:49):
Okay, So you know he's my partner. So I'm saying, hey, man,
you sure you know, because people do live. You don't
want to end up getting shy to kill.

Speaker 15 (59:57):
No.

Speaker 3 (59:58):
He confirmed that that was the case, and I said, well,
this is about twenty five thirty. I said, well, why
aren't they get a divorce? She said because of the
marital assets they lose. And I'm a NUMBERUS guy, so
I didn't really, I really couldn't come up with a
scenario or other than maybe the house and the other asset,
said los Vealgle. Now, my own personal situation was, I

(01:00:18):
met this woman and I really liked her, and I'm
assuming that she liked me since we still talking. She
was married, they were separated physically, and I asked the question, too, well,
why don't y'all get a divorce? And it came down
to marital access. Now, this is in Tennessee, so the

(01:00:40):
other one was not in Tennessee matter of fact. And
so my thing is, well, how is it that the
marital assets again keeps you from making a decision for
the rest of your life. Oh yeah, I met her husband,
so they definitely were not together. So cause I don't
do married, but this was this was what, this was

(01:01:03):
who she was fine, This was real close, but I
just didn't do marriage. So finally, you know, we just
went our separate ways. But I really do want to know,
how is it He's a beautiful woman has said.

Speaker 6 (01:01:17):
Stop you from you want.

Speaker 9 (01:01:21):
To Well, you know, I can just say this, I'm
personally divorced. I've been divorced for ten years now, and
one of the considerations as I was going through the process,
I actually had to meet with my CPA, and one
of the considerations for us was that we would have

(01:01:44):
a our tax liability as a married couple was a
lot larger than our tax liability would have been had
we separated and filed separately.

Speaker 17 (01:01:59):
Wow.

Speaker 6 (01:02:00):
So yeah, it was a.

Speaker 9 (01:02:01):
Lot like because one of us made a lot less
money than the other, and so for our divorce, we
were focused on, you know, if who would be responsible
for that tax liability and whether it would make more
sense for us to be separate than a part And

(01:02:22):
it actually made more sense as far as taxes only.

Speaker 7 (01:02:26):
I'm just talking about taxes.

Speaker 9 (01:02:27):
As far as taxes are concerned, it made more sense
for us to be separate. But individuals can make that decision,
you know, for a number of reasons. Maybe you know,
maybe they do not want to give that home to
anyone else.

Speaker 8 (01:02:43):
So I have a few scenarios that I've seen. One
scenario in which an asset was a problem, and I
mean this, the married men bought.

Speaker 6 (01:02:51):
A house with the mistress.

Speaker 8 (01:02:52):
I know we talk about that in another scenario, but
this is the same scenario, I mean a different scenario,
same set effects. The married husband who had separated from
his wife, he bought a house with his mistress, and
then the wife did not want to sign off on
the divorce knowing that the mistress name was on that house.

Speaker 6 (01:03:12):
Was they had to divide that asset.

Speaker 8 (01:03:14):
That was enough. That was a very sticky asset situation.
Then another situation that happens when it comes to assets
is they may not no one can agree on what's
gonna happen with the equity. And that's just the truth.
That's what they don't want to tell you that they
cannot come to an agreement about how they're going to
divide this post. So they don't even want to get
a divorce, knowing that it's one hundred two hundred thousand

(01:03:36):
dollars that's on the hook. But they really and truly
just need to agree to divide it down the middle
or either get the divorce. If two people want to
get a divorce, sir, they can get a divorce. Them
not getting the divorces because they can't come to an agreement.

Speaker 6 (01:03:48):
If they can't.

Speaker 8 (01:03:48):
Articulate to you, the reason why they're not getting a
divorces because they are choosing not to. And even if
they don't know, like if you say no or so
this person really didn't know, when, why don't y'all get
the attorney on the line and go meet them. If
someone is serious about moving forward with you, these are
the levels of conversations that will be open to have.
And just one other point, and I'm gonna hear you

(01:04:08):
out about this. That could be true, That could be
a possibility. It could be a situation in which you
are dealing with multiple layers of airs and multiple layers
of issues with assets, and they can be very complex,
in which I have seen that as well. But even
if that's the case, if you want a divorce, you
sit down with an attorney and we navigate unpacking all

(01:04:31):
of that. I said, give us a call at nine
on one five for one help. He had one more
thing to say.

Speaker 3 (01:04:37):
Yeah, one more quick thing. My question to her, I
asked her, I said, you know, what, are you still
in love with this guy? I mean, I'm madam, I
know y'all separated, But so what if I fall in
love with you and you're still married to and you
go back to them and what happens then, So that's
one thing number two. And lastly, bell and ladies, there's
an old asking proverb, when the elephants fight the grass, right,

(01:05:02):
it's the one to get damaged. When when spouses fight,
the lawyers win.

Speaker 9 (01:05:09):
When when who When the spouses fired, the lawyers win.

Speaker 8 (01:05:13):
Sometimes sometimes we're trying to tell you about you know
what that's go on. That's why again, that's why we're
trying to tell you a cheaper, you know, more efficient
way to get it done. Because if you're emotional, you
can drag something out for two or three years and

(01:05:35):
guess what those attorneys are going to want to get
paid for that two or three years of work that
they have done for you. The other quick thing that
I wanted to say is I see sometimes individuals say, well,
I can't divorce my spouse because she has cancer or
she's sick and she's.

Speaker 7 (01:05:52):
On my insurance.

Speaker 9 (01:05:53):
And I don't you know, I can't do that because
she's on my insurance. Just like attorney would say, yes,
you still can get a divorce. Because one of the
things that that uncontested divorce makes us, the court makes
us tell he or she who's going to continue to
carry that health insurance. Health insurance is a big deal,
so you can even make arrangements.

Speaker 7 (01:06:14):
Okay. I feel for my spouse.

Speaker 9 (01:06:17):
I don't want to leave while leave her with no insurance.
Guess what she can keep your insurance. That can all
be negotiated in the divorce. And so what I think
is sometimes we make excuses, you know, and some of
them are valid, but there are ways that we can

(01:06:37):
work around to make sure that those assets are divided
and the divorces is actually final.

Speaker 6 (01:06:44):
W d I Ah caller, Good afternoon, mo Lee. How
are you?

Speaker 11 (01:06:52):
I had something stuck in my mouth and just told
it out. Sorry about that. That's okay, get at the
neue and queis and solicitors with my clients on pre nups.
I always my situation is that I would have a

(01:07:13):
very wealthy widow who would end up meeting a very
wealthy widow work and they would then want to get together.
But both of them had the families from their prior marriage,
and they had adult children, and they had grandchildren, and

(01:07:37):
the concern would be is to be able to protect
family assets so that they would flow primarily for the
benefit of my side of the family, and that would
then bring into play the need for pre nups, and
what we found out to be very important is that

(01:07:59):
each party have their own attorney. I know that there
is a possibility and in some cases probabilities wherein both
parties can utilize the same attorney, but in order to
keep everything klosher, we always recommended that with respect to

(01:08:25):
the creation of a pre nuptial situation, that each of
the parties have their own legal representation. With respect to
something that we do not have in Tennessee or the
recognition of separation agreements, my marriage dissolved in the second

(01:08:54):
semester of my first year in law school, and my
request to my form my wife was I will take
care of everything in two years. Let me get through
what I got to get through, and I will handle everything.
But in the meantime I executed a separation agreement which

(01:09:18):
entailed that you can live your life however you want
to do it. I live mine. We don't bother each other,
and at the end of the day, this will be
a part of the divorce decree and everybody will be
off and running. And that is precisely what happened. And
we didn't talk to each other ever again, which was

(01:09:42):
which was satisfactory to the growth of us. And thirdly,
I believe sister, you were making reference to the elective
share of the surviving spouse. That's TCA thirty one four
one oh one. It's the right to the elective share,
so that if the surviving spouse can do one or

(01:10:04):
two things, that if they're married to the decedan for
nine years or more, they would be entitled to forty
percent of the net estate of the decedent spouse, or
they could elect against the will, because I think we've

(01:10:24):
all seen where a will has been executed and surviving
spouse has contested that will with respect to the assets
that have been decreased or devised to them, and they
are entitled to at least forty percent of that estate
if they've been married to that individual for nine years

(01:10:47):
or more. And with that, those are the only three
things that I had to contribute today.

Speaker 5 (01:10:52):
Thank you. Babon Wdia high caller.

Speaker 12 (01:11:00):
Hey, how you doing doing well?

Speaker 11 (01:11:01):
In you good?

Speaker 13 (01:11:04):
You don't have the number I don't want to.

Speaker 5 (01:11:06):
Oh, okay, here we go nine zero one five four one.

Speaker 6 (01:11:12):
Help.

Speaker 8 (01:11:12):
That's nine zero one five four one four three five seven.
You can ask for attorney Woods and Attorney Johnson, and
we'll be more than happy to take care of you
with uncontested divorces.

Speaker 6 (01:11:23):
You got the numbers.

Speaker 8 (01:11:24):
Five four one help, that's five four to one, four
three five seven. That's area code nine on one and
we cover the state of Tennessee with divorces.

Speaker 11 (01:11:33):
Okay, we're time. Can I call you?

Speaker 6 (01:11:35):
Well, we are literally on the air.

Speaker 7 (01:11:37):
This is.

Speaker 6 (01:11:39):
Yeah this afternoon. Yeah, but you can call now if.

Speaker 8 (01:11:43):
You want to get on our books, we'll definitely you
can schedule with the staff.

Speaker 6 (01:11:46):
We have an entire team. They're ready to take care
of you.

Speaker 11 (01:11:50):
Okay, thank you.

Speaker 6 (01:11:51):
Thank you.

Speaker 5 (01:11:52):
We are talking with the attorneys. Hold on, callers. We
will get your questions answered. Attorney Monika Johnson is here.
Attorney Ursula Woods is here answering your questions this day,
as we asked the expert on w d i A.

Speaker 6 (01:12:12):
We're going, y'all to the other side of the BEB
Johnson Show.

Speaker 2 (01:12:16):
Evjin Show.

Speaker 1 (01:12:23):
Whether you're in Arkansas, Tennessee, or Mississippi on Facebook, Twitter,
or Instagram, thank you for listening to the BEB Johnson
Show on do w d i A Memphis.

Speaker 2 (01:12:56):
Be Justin show, this talking and home away.

Speaker 6 (01:13:04):
How you go you go, Son't.

Speaker 2 (01:13:07):
Getting ready.

Speaker 7 (01:13:10):
In time show.

Speaker 4 (01:13:14):
Show.

Speaker 2 (01:13:15):
Let's go bell just we make Gordy by here wrong?

Speaker 7 (01:13:22):
You listen to what today?

Speaker 2 (01:13:27):
You know it's time of the belt to this show,
Time of the Mountain show Lucky, let's go.

Speaker 5 (01:13:37):
We've been rocking and rolling with the attorneys today. Attorney
Monika Johnson is here, Attorney Ursula Woods, and we're going
to our phone lines, ladies to talk to. I just
want to know, good afternoon.

Speaker 13 (01:13:51):
I just want to know, good afternoon. Get after guest,
good afternoon.

Speaker 6 (01:13:56):
Good afternoon, afternoon.

Speaker 11 (01:14:00):
Was calling.

Speaker 13 (01:14:00):
I've been listening long enough to know I've heard you
guys say it so many times. With the right will
in place, you can leave anything to anybody.

Speaker 15 (01:14:08):
Uh property minded for one K, stocks and bonds and
what have you. But my question today is I've heard
been listened.

Speaker 13 (01:14:19):
To about this ten year time limit.

Speaker 2 (01:14:21):
Uh.

Speaker 13 (01:14:22):
You know what if I'm around with time and age,
I'm single, not married. What if I get to a
pointing place in life where I may follow you? What
I have to do with a thing too? Besides man
person to give them my leive them my uh social
security U benefits.

Speaker 8 (01:14:44):
Yeah, if you want to leave someone, you're so security benefits,
you do have to be married.

Speaker 6 (01:14:50):
Yeah, yeah, yeah.

Speaker 13 (01:14:52):
That's what I was wanting because I know the government
after they get texts from me and everybody for for
all my life. But I don't want to leave, so
I could.

Speaker 14 (01:15:02):
I want so.

Speaker 8 (01:15:03):
Look, so on your deathbed, that's where you go. You
go propose and make us say I do.

Speaker 13 (01:15:09):
Yeah, she can have all the money.

Speaker 8 (01:15:12):
Let me tell y'all a real quick funny story. I
know somebody who their mother told them to do that.

Speaker 6 (01:15:19):
Y'all.

Speaker 8 (01:15:19):
They were on the deathbed. They were on their deathbed.
That man said, I still won't marry her. Wow, I'm
talking about he.

Speaker 6 (01:15:27):
We knew that he was. He would not marry her.

Speaker 8 (01:15:30):
Okay, he would not, So I hear you, and I
definitely understand.

Speaker 6 (01:15:34):
But some people still want to marry And oh yeah.

Speaker 13 (01:15:38):
I'm gonna try candidates because I don't want to leave
a comp.

Speaker 11 (01:15:43):
Look.

Speaker 6 (01:15:43):
Look, she'll say, I do all the same. Oh and
guess what.

Speaker 8 (01:15:46):
And if you're if you're, if you're a licensed notary
in the state of Tennessee, you can marry someone. So
let us know if you want us to come down
and officiate the word.

Speaker 11 (01:15:55):
And we'll do it for you all right, I will
so much.

Speaker 6 (01:16:02):
Oh that's crazy, isn't that crazy? All right?

Speaker 5 (01:16:04):
And this this email says, ladies, good afternoon.

Speaker 6 (01:16:09):
Can you please answer?

Speaker 5 (01:16:11):
Is it better to have a will or a irrevocable trusts?

Speaker 4 (01:16:16):
Oh?

Speaker 9 (01:16:17):
My god, that's my favorite question, Sharon Hi sharing.

Speaker 7 (01:16:22):
Well, first of all, better.

Speaker 9 (01:16:26):
Is is a word that's in the eye of the beholder.
I guess for me if it were my recommendation, A
trust gives you a lot more flexibility than a will does.
A will has to be probated in the in the
court in which the decedent lived, in the county in

(01:16:49):
which the decendent lived.

Speaker 7 (01:16:51):
A trust does not have to go.

Speaker 9 (01:16:53):
As long as it's created properly and funded properly, it
does not have to go through that probate process. So
for that reason, if that is an issue for you,
a trust will be better. Also, a trust will be
a lot shorter as far as the transfer of the assets,

(01:17:13):
because your successor trustee can just come in and act
as the trustee without any court involvement. Additionally, wheels that
are probated become public record. Anyone at any time can
go and pull that public file.

Speaker 7 (01:17:31):
A trust is always kept private.

Speaker 9 (01:17:33):
So if you want your wishes, how you transferred your
asset and all of your information to be private, the
only way that you can do that is in a
trust and then bev She mentioned revocable versus she mentioned
irrevocable and irrevocable trust. Generally, we do not recommend that

(01:17:54):
unless it's for a particular purpose. And why is that
because as the person who's creating the trust, the grand tour,
you always want to have some flexibility to modify your
trust as the circumstances may dictate. You may get married later,
you may have more children, later, you may have grandchildren

(01:18:15):
and want to modify your trust, and so we recommend
that you have a revocable trust that would allow that
modification as time goes on. Irrevocable trusts are for specific reasons.

Speaker 8 (01:18:27):
Now, you could just give us a call at nine
zero one five four one help Attorney Johns, who will
be more than happy to take care of you and
book an appointment, and she can do so online so
you don't even have to have any inconvenience to come
in outside of your home. So she would be more
than happy to answer those questions you go into more
detail about them, we would Love to invite you out
to Love. We're gonna have a holiday party for everybody.

(01:18:50):
All of Memphis is welcome. It is free and open
to the public.

Speaker 7 (01:18:54):
Free admission, free admission.

Speaker 8 (01:18:57):
A jingle Mingle is gonna be December to twenty third
at Love nine on one car wreg Legacy Lawyers Group,
Bankruptcy Firm. We are hosting a jingle Mingle December to
twenty third. It's free admission at Love. Make sure you
tell them you with the BEV Johnson crew.

Speaker 9 (01:19:17):
Please dress to impress. Yeah, we're coming out in our
Christmas attires.

Speaker 8 (01:19:22):
Dress to impress and make sure you come up and
say hi. We would love to meet and greet everybody
who come. Free admission.

Speaker 6 (01:19:30):
Love the one time you're starting.

Speaker 7 (01:19:32):
I think it starts at seven pm.

Speaker 8 (01:19:34):
Seven pm and Love on December to twenty third, Jingle Mingle.

Speaker 6 (01:19:39):
We will be there.

Speaker 11 (01:19:40):
Might come.

Speaker 6 (01:19:44):
VIP bag come on you know, come on now. Yes,
you're a VIP for us every day, all day. All
of our listeners are VIP, so we will be there.

Speaker 8 (01:19:54):
This is open to everyone. Thanks guys, we appreciate your time.
Bell As always, we love you. Attorney Jo some final words.

Speaker 9 (01:20:01):
Merry Christmas and happy new year. It looks like we
won't be back until the beginning of the year.

Speaker 4 (01:20:07):
Bev.

Speaker 9 (01:20:08):
Let me just say this year, this twenty twenty four,
being here with you twice a month, we have enjoyed it.

Speaker 7 (01:20:16):
I thank you for it.

Speaker 9 (01:20:18):
I'm happy and looking forward to serving for you and
with you in twenty twenty five.

Speaker 7 (01:20:23):
Happy new year, a man.

Speaker 6 (01:20:24):
Happy new year. As we said, twenty twenty five, we're
gonna be a lot.

Speaker 5 (01:20:27):
Yes, sure, thank you Bell, Attorney Monica Johnson and Attorney
Ursula Woods.

Speaker 6 (01:20:33):
I love I can't wait for twenty twenty five. Here
that new soapbox. Amen.

Speaker 8 (01:20:38):
Amen, We're gonna come with something fresh in twenty twenty five,
all new topics every month.

Speaker 5 (01:20:42):
All right, all right, sis, don't commit to that, all right?
And you and you all can give them a call
as they said, five four one help, five for one
help to talk with Attorney Monica Johnson and Attorney Ursula Woods.
We're fine, yeah, as we asked the expert, five four

(01:21:03):
one help nine zero one four three five seven that's
the number to get to the ladies at the bankruptcy
firm Preferred Title and Escrow and nine o one car Wick.

Speaker 6 (01:21:16):
We'll be back right here on w d i A
the Bath.

Speaker 18 (01:21:22):
Jossial wishing you and your merry Christmas and happy Holidays

(01:22:02):
from the Bev Johnson Show.

Speaker 4 (01:22:04):
And w d i A.

Speaker 1 (01:23:14):
You're listening to the Bev Johnson Show. Here's Bev Johnson.

Speaker 5 (01:23:19):
And it's been a good day to day to day today,
Yes it has. Even though it's cloudy outside, it's been
a good day inside.

Speaker 6 (01:23:27):
And I thank you so much for listening to us
here at wd i A. I want to thank my.

Speaker 5 (01:23:41):
Guests so this day the attorney's attorney, Monika Johnson, Attorney
Ursula Woods, thank you ladies for being here, and thank
you callers, thank you listeners for joining us this day
on the Bev Johnson Show.

Speaker 6 (01:23:54):
We do, we really do appreciate you. Until tomorrow.

Speaker 5 (01:24:02):
Please be safe, keep a cool head, y'all, don't let
anyone steal your joy.

Speaker 6 (01:24:10):
Until tomorrow. I'm Bev Johnson, and y'all keep the faith.

Speaker 16 (01:24:20):
The views and opinions discussed on the Bev Johnson Show
are that of the hosts and callers and not those
of the staff and sponsors of w d i A.