Attorney. Ursula Woods & Attorneyy. Monika Johnson

We are talking Wills and Estate Planning with Attoney Ursula Woods and Attorney Monika Johnson on The Bev Johnson Show on WDIA Radio.

Episode Transcript

Speaker 1 (00:01):
Don't Memphis probably presents the Ben Johnson Show.

Speaker 2 (00:07):
Let me say, Beth, I've gone.

Speaker 3 (00:13):
Me first.

Speaker 4 (00:17):
Let make you say she's gone Hemphis.

Speaker 5 (00:21):
Okay, no.

Speaker 6 (00:28):
Matter of the problem, she can have so all the
phone and norma your mind.

Speaker 2 (00:38):
She understand Jimmy.

Speaker 4 (00:40):
In the hair by challing you to just keep them.

Speaker 6 (00:48):
When around picking up the Johnson Show.

Speaker 7 (00:52):
Because we've got.

Speaker 8 (00:53):
Out in gay happen.

Speaker 4 (00:56):
You can hear every day me you need ye.

Speaker 6 (01:02):
My bell got me a missed opping.

Speaker 2 (01:47):
Good morning, good morning, good morning.

Speaker 4 (01:49):
And welcome in to w d i A The BEB
Johnson Show. It is in adeed a pleasure I have
you with us once again on this Tuesday, February fourth,
twenty twenty five. Enjoy this fabulous day to day. Get
ready to put your ears on as we share some

(02:12):
information with you today. Our sisters are back in the
house from the bankruptcy firm preferred title in escrow and.

Speaker 2 (02:24):
Nine oh one correct.

Speaker 4 (02:26):
Dot com Attorney Ursula Woods. Attorney Monika Johnson is here
to answer all your legal questions. When you have a
question or two, here are the numbers nine zero one
five three five nine three four two nine zero one

(02:46):
five three five nine three four two eight hundred five
zero three nine three four two eight three three five
three five nine three four two. Well, get you in
to us. And if this day, this day, Tuesday, February fourth,

(03:14):
twenty twenty five, is your birthday, Happy birthday, each and
every one of y'all out there who may be celebrating
your birthday on this day, we say God, y'all go out.

Speaker 2 (03:27):
And celebrate your life. You're better. You better.

Speaker 4 (03:35):
When we come back, we'll talk with Attorney Monica Johnson
and Attorney Ursula Woods. We'll get that famous soapbox next
with me Bev Johnson on the Bev Johnson Show, only on.

Speaker 2 (03:51):
W d IA. Could it be I'm falling in love?

(04:58):
I don't know. It's love, Mont, isn't it?

Speaker 6 (05:01):
Good morning?

Speaker 4 (05:02):
And welcome in to wd I A The Beth Johnson Show.
It is indeed a pleasure to have you with us
once again on this Tuesday, February fourth.

Speaker 2 (05:11):
Twenty twenty five.

Speaker 4 (05:12):
Not only is it love, Mont, it is Black History
Month and I want you all to remember that. I
you know, we talked about that yesterday. What has happened?
But anyway, you know, we want you all to remember
Black history. Go learn about some black history, because we
made history in this country. But it's love mounted I
am so glad because I love these sisters back in

(05:34):
the house with me from preferred title and escrow the
bankruptcy firm not a one car wreck dot com. We
have Attorney Monika Johnson is in the house and Attorney
Ursula Woods.

Speaker 2 (05:47):
Good morning, sisters, Good morning, how are you doing well?

Speaker 6 (05:53):
Doing well?

Speaker 4 (05:53):
Good as always, you know, Attorney Ursula. We have to
start off with that famous soap box.

Speaker 6 (05:59):
The famous so box. First off, good morning everybody. And
it is definitely I Love Month as well as our
Black History Love Month. And you know, I feel like
the season that we're in right now, we can either
continue to tear one another apart and continue to divide,
or we can choose to use this next four years
to come together and to create a combined and experience

(06:21):
a like none other. I think now is the time
for us to jail together, to look within our own
community and begin to shop local, and not only shop local,
but to also support small businesses such as attorning Monika Johnson, myself,
Gabby Grace Reelas sanders All stayed, I mean, there are
so many thriving businesses in our nine on one area

(06:43):
code that people don't have to worry about DEEI, because
we can have us and we can stick together, and
we can choose to utilize this season to build up
our resources within our community. So even though that was
not my soapbox, it is something I just wanted to share.

Speaker 2 (06:58):
I'm glad you did. It is and you're right.

Speaker 6 (07:02):
And if you all need a host or a speaker,
we have somebody who has forty nine years of experience,
missus Bev Justin, So look no further than your very
own when it's time to host something big.

Speaker 2 (07:14):
All right, So my soapbox, yes, ma'am.

Speaker 6 (07:17):
So here's my soapbox. You see on Instagram, you see
on Facebook that your girls are a brunch and you're like,
wait a minute. You blow up the picture. You're like,
hold on, these are all my friends, these are all
my buddies, and the words monikas these are her sorrwars
or something, and you're like, they didn't invite me to brunch.
I won't bottomless, you know, mimosas you let them. You

(07:41):
know your kids don't want to come to the studio
with you and see you do the Bev Justin Show
it's okay.

Speaker 2 (07:47):
Let them.

Speaker 6 (07:48):
Your your favorite aunt didn't make gumbo for you. Shout
out to Carla Woods, who did not make gumbo for me.
You let them. You know, you get into or argue
with argument with one of your best friends and he
or she doesn't see your way, it's okay, let them.
And then once you do that, you then decide what
are you going to do next? You know, you have

(08:09):
a business partner who doesn't want to listen to reason,
doesn't want to make money with you, but it seems
like they're operating against you. Let them, because then that
is your opportunity to look at who they've shown you
to be. What did Maya andrelou say?

Speaker 8 (08:23):
Trust them when they show.

Speaker 9 (08:26):
You who they are, believe them the first time.

Speaker 6 (08:30):
Yes, right, So when someone shows you who they are
and you believe them, then it is then your assignment.
So the first step is let them. Then you assess,
you know, what do you want to do next? You
take a pause, and then it's let me what do
I want to do next? Do I love my best friend?
Of course I do. Do we have a disagreement?

Speaker 5 (08:49):
You know?

Speaker 6 (08:49):
Should we ride together?

Speaker 2 (08:50):
Should we not?

Speaker 6 (08:51):
Of course those type of things are going to happen,
and then it's let me, it's let me remain in friendship.
That's not important enough to let it rise to break
up a friendship. But then you may look at someone
else and say, oh no, this person integrity level isn't there,
or either their heart isn't there for you the way
it should be. So then in those moments you let you,

(09:11):
you then decide if you're going to remain in friendship
or do you just let them? And then you walk away,
which is always an option, and your opinion doesn't necessarily
always have to be shared. A simple no is a
complete sentence. So Monika, you've oh, I'm sorry one thing
I forgot to say. This theory is not just mine.
It actually is from a book called Let Them by

(09:33):
Mail Robbins. I love, love, love the book. I have
a speaking engagement at a Gallentine's Day event with Pettle's studio. Yes, man,
I'm walking in your shoes on Saturday that I'm extremely
excited about and I'm going to This is going to
be an entire speech is about let them theory. So, Monika,
you've read the book, you know, how have you utilized

(09:55):
or do you want.

Speaker 9 (09:55):
To show yes, I would love to, because if you're
in my age bracket and you're you have adult young
adult children, now it is very difficult to maneuver or
to transition from you know, overbearing parent, you know, telling
them what to do and taking their agency away from

(10:18):
them because as parents we should. But now that I
have adult children, I'm not as effective with my parenting
by just saying do this because I said so, and
so listen and and because of that, I've become very
frustrated with the with the young adults in my life. Okay,
and this, this let them theory really helped me understand

(10:42):
that each person wants autonomy or agency over themselves, and
especially a young adult. And the more that I try
to push against their own autonomy they want to feel
like they're in control. The more I push, the more
resistance I'm getting. And so so oh, what I have
learned through the let them theory is to really let

(11:05):
it go. Let them make the mistakes.

Speaker 1 (11:08):
You know.

Speaker 8 (11:09):
Yeah, I can see her falling on her head and
she won't listen to me.

Speaker 9 (11:12):
That's fine, because the only way that she's going to
grow is that she falls on her head, and then
she won't fall on her head again, right, And so
as hard as that is, the let them theory has
helped me to let that go so that I can
focus on me.

Speaker 6 (11:28):
So one distinction I want to make so when we're
talking about adults like she was speaking of adult her
adult children. So yes, and I do the same thing.
We will allow our children to fall. We call it
falling forward, right, because there is growth and failing. Now,
if you are dealing with someone like I have a

(11:50):
sixteen year old, you know, just moment of transparency. He
had to go to the dermatologist. Now, as a mom,
his face was burning, he had a rash, and so
as a mom, I'm like, oh my god, is this
a face? I mean, I'm sorry, is this a flesh
eating bacteria?

Speaker 2 (12:06):
You know, I've seen this on sixty minutes.

Speaker 6 (12:08):
Let me see. So, No, I was not going to
let them in that moment. He's sixteen, he did not
want to go to the doctor's office. He hates doctor's office.
So no, I'm not going to actually allow him to
stay at home. No, We're going to this dermatologist and
I'm going to determine if he has a flesh eating bacteria,
which he did not.

Speaker 2 (12:26):
By the way, he did not.

Speaker 6 (12:27):
But on the flip side, when it came down to
his method of treatment, it was whether he should get
some bleaching cream because he has some discoloration, or sun
block to because your skin will naturally fade, or just
wear sun blocks so that it can naturally fade out. Well,
I did allow him to make that decision because he

(12:48):
is a sixteen year old boy, and my sixteen year
old young man. He doesn't want any extra steps. No,
And he was like, what put a cream? I'm not.
I said, okay, so I just let them. I said, okay,
you're sixteen. You have the right to not have any
type of bleaching cream to correct the discoloration and just
wear the sun block. And he said, yeah, that's yeah,
that's what I'm going to do.

Speaker 2 (13:09):
So I did.

Speaker 6 (13:10):
So sometimes you can so it's age appropriate. Of course,
we don't let a one year old toddler just, you know,
swallow the entire pacifier. But at the same token, you
will let a twenty three year old bump her head
if that would allow her to learn the lesson. Yes, right,
So in doing so it has freed me. It has
reduced any level of anxiety because now I am looking

(13:33):
at myself as to what I can do to be
a better person.

Speaker 8 (13:37):
That's good ourself.

Speaker 2 (13:38):
Yeah, I love it. I love you very good. Good.
I hope folks were listening to you.

Speaker 6 (13:44):
I hope people were listening as well.

Speaker 4 (13:46):
All right, sister, So this morning, you all want to
concentrate on your talking today.

Speaker 6 (13:53):
We would love to talk about, of course, going back
to bankruptcy for me, and of course Attorney Johnson has
some things to share in her area. But one of
the things, because one of the things I want to
share is a lot of people are We're in a
volatile time right. We are not on a level playing field.
And we know it. We feel it in our spirit,

(14:13):
we sense it, it's in our stomach. It's like this
just does not feel as though it's going to turn
out well for some of us. But even with all
of that said, I want people to kind of take
a pause and check in with yourself in this season
and remember you still have needs, you still have desires,
You are still here, and we do have to continue

(14:36):
as business as usual with certain things. With that said,
we still have a job. Some of us have lost
our job. We still have issues, we still have a
legacy that we want to live. So in the normal
course of our business, allow me to give you a
few more tools. Allow Tonie Johnson and us to give
you a few more tools in your toolbox to navigate life.

(14:57):
For example, if you're facing any victor, if you're facing
a foreclosure, you do not have to face that alone.
You can give us a call. We do have options
at our firm. We have investors. Attorney Johnson herself as
well as myself. We're both investors. So this may be
an opportunity for you to sell that home and recoup

(15:17):
some of your money that you've invested in at home
and walk away with a nice egg, a nice nest
egg to be able to move into your next space.
If you're in an apartment and you say, listen, I
may not be able to catch up my arrears, but
what I can do is pay them more. I'm sorry,
pay my rent moving forward. Considering I have a new job, well,

(15:38):
then we have a solution for that as well. Chapter
thirteen wage earner. A Chapter thirteen wage earner is what
we call I'm sorry. The Chapter thirteen bankruptcy is what
we call a wage earner. Now you have the decision.
You have the choice to be able to choose whatever
bankruptcy attorney you desire. I definitely would hope that you

(15:58):
choose us. We have a hard for the We have
a herd for our clients. And the reason why that
makes a huge difference is because in the type of
care that you would get as well as the type
of advice that you would get. So, for example, I
was talking to someone on this weekend and then they
were explaining about how the attorney never even told them

(16:21):
about a Chapter seven bankruptcy option. No one ever told
them about a chapter seven bankruptcy option. A chapter seven
bankruptcy option is what we call a straight bankruptcy. It's
where we bankrupt all of your debt and you can
get a complete fresh start. Why doesn't anybody talk about it? Well,
here's the reason. Because we make more money off of

(16:42):
a Chapter thirteen wage earner than we do a Chapter
seven straight bankruptcy. So most attorneys only tell you about
the Chapter thirteen. But you do have another option, which
is a Chapter seven You don't have any payment plans.
You can bankrupt all of your debt. You can keep
the debt that you desire to keep, such as your house,
any secure debt, or your car. It just has to

(17:04):
be paid on time. That house in a car. Well,
sometimes when you clear out all of your other bills,
your medical bills, the old repossession, you know you have
a garnishment. Once you bankrupt all of that, that clears
the way for your budget moving forward. So when in
this season you may say to yourself, I do not
have enough money. I need more money. Well, in order

(17:25):
to make money, you can do one or two things.
You can either get out there and make more money
or either reduced the bills that you have. So I
would say do both in this season. Go out, try
to find you another job if necessary, or create what
we call a side hustle, meaning that you all legal
things now, meaning that you know how to sew, so
you begin handling alterations. You know how to cook, so

(17:47):
maybe you make a meal prep for individuals. You are
excellent about your health care and your body, so you
begin training people, or something as simple as beginning to
you know when one young lady is doing this is
just an idea, especially if you sew. You know the
cowboy Carter, Am I saying this right?

Speaker 9 (18:04):
You know?

Speaker 6 (18:05):
You know, if I'm a beauty pageant, you wear a
sash okay so you know the Beyonce sash that says
Cowboy Carter, Well, this is young lady on Instagram who's
now making those like it'll say Cowboy Bev, you know,
Cowboy Monika. So then when they're getting ready, because baby,
everybody's getting ready for this concert. So as people are

(18:25):
getting ready for concert, now she's selling the sashes that
have your name on them customized. So these are just
side hustles that you can utilize to look, I want
to order one. These are just side hustles that you
can use to increase your income. But you may say, Earthlin,
I don't have a ton of time. I'm busy. Yeah,
I have too many things on my plate already. Well
then if that's the case, we need to decrease your

(18:47):
bills and we can do that with bankruptcy. So that's
what I wanted to talk about, Attorney Johnson, and we
definitely would love to take your calls if you have
any questions about it. What are we discussing on your
end today?

Speaker 9 (18:59):
Well, I would love to talk to those out here
who may have aging parents that they are trying to
help maneuver and take care of things. I really want
to talk about going ahead and helping your aging mother
or father set up their estate plan.

Speaker 8 (19:20):
They may say, I.

Speaker 9 (19:21):
Have nothing, I don't own a house, I'm only getting
social Security.

Speaker 8 (19:26):
My daughter is taking care of me. I don't need
an estate plan.

Speaker 9 (19:30):
You do, and you do because one of the things
that you can do with an estate plan is you
can nominate a guardian or a conservator.

Speaker 8 (19:41):
Over your person and over your estate.

Speaker 2 (19:44):
What does that mean?

Speaker 9 (19:45):
That means if I'm ever incapacitated, my children don't have
to go to court to get some sort of conservatorship
over me and order for them to take care of
my bills, or in order for them to get me
medical treatment if you know that your parent is aging.

(20:06):
We just had a friend whose parent just recently passed away,
and she did such an amazing job at taking care
of her mother. But she did not have to go
through that process when her mom began to suffer with dementia.
She did not have to go through that process of
going to court and getting a conservatorship over her mother.
Why because her mother already had her plan in place

(20:30):
and had already nominated those individuals that she trusted that
would take care of her when the time came. So
I'd like to talk a little bit about that if
I can.

Speaker 4 (20:40):
Sure, great, Okay, So we're going to break come back
and let get these ladies started.

Speaker 2 (20:46):
This day.

Speaker 4 (20:47):
We have in the house attorney Ursula Woods is here,
Attorney Monika Johnson. Here are our numbers if you have
a question for them.

Speaker 10 (20:55):
Nine zero one, five three, five, nine three four to
two five three five, nine three four two eight hundred
five zero three nine three four two eight three three
five three five nine three four two are the numbers
here at w D I A the bevjcensial.

Speaker 11 (21:28):
Don't go away. The BEV Johnson Show returns after these messages.

Speaker 4 (22:00):
I'm telling you, and we're talking with Attorney Monika Johnson,

(22:20):
Attorney Ursula Woods. Ladies, we're going to our phone lines
to talk with April Hi.

Speaker 2 (22:26):
April Hi, how are you doing doing well?

Speaker 5 (22:30):
How are you?

Speaker 12 (22:32):
I'm doing fine?

Speaker 2 (22:33):
Good? You have.

Speaker 12 (22:35):
I do I have a question for the attorneys. First
of all, I want to say hello. Second of all,
I had a question my mother. Our mother just passed
and she had a p O D at a bay
in Florida, paid on debts. When she became incapacitated.

Speaker 5 (22:54):
They took my.

Speaker 13 (22:55):
Sister off of her p O D.

Speaker 12 (22:58):
Is that legal?

Speaker 5 (22:59):
No?

Speaker 12 (23:00):
They right?

Speaker 2 (23:01):
You said they?

Speaker 12 (23:02):
Well, they be in the bank. The bank said it's
an FDIC issue where you cannot be a guardian and
a POD because she became guardian over my mom, because
she was able to make decisions on her own.

Speaker 6 (23:20):
To begin, I was wondering, searched the law on that.
I am not Monika nor I we are not licensed
in Florida, and I'm not sure if this is a
federal law. But let me just say this, in my
non legal opinion, it is.

Speaker 10 (23:34):
It does.

Speaker 6 (23:35):
It does make sense. Let me share with you why,
because as a guardian or a conservator, and I want
Monika to chime in, as a guardian or a conservator,
you do have a legal duty. That legal duty is
called a fiduciary duty, meaning that you are required and
obligated to make decisions on another person's behalf and not

(23:58):
with your own benefit in mind. And I'm thinking that
that's a conflict of interest. That's what the bank is thinking.
At least if you're the conservator and you have a POD,
the decisions.

Speaker 9 (24:11):
That you make may influence I agree, And then the
question becomes did the conservator and I know in Florida,
you call it a guardian, but here in Tennessee we
call it a conservator over an adult. But did that
individual actually place herself on the account, because that would

(24:32):
be problematics. If you have the authority to act on
somebody's behalf right, as the conservator, you can conduct all
of their business, including.

Speaker 8 (24:45):
With drawing funds, you know, and and all of their business.

Speaker 9 (24:50):
And then the question becomes, did that individual add herself
onto the account during the time that she was representing
moms and that would have been in breach.

Speaker 6 (25:00):
Of a fiduciary duty, and which we're not, ma'am. And
these are all theories. We're saying all of that to say,
definitely explored and call a Florida attorney because that's important,
or either calling the state Planning Attorney license in Florida.
So y'all can move forward. How many siblings do you have?

Speaker 12 (25:17):
It's true, Oh, it's just you and sister. It's just
me and my sister. But the conflict comes where my
mom pers POD and the probate court deemed her as
the legal guardians. But when she lost her POD, it
went to the estate. I gained the estate, So now
me and my sister are feuding because she feel like
I took something from her because those funks, and the

(25:40):
bank goes to the estate, and I'm the beneficiary of
this estate.

Speaker 6 (25:44):
Well wait, wait, so you and your sister aren't both beneficiaries.

Speaker 12 (25:50):
I'm on the estate for the home and the residue
of the estate, but my boster was a pod for
her bank account.

Speaker 8 (25:58):
Did your mom have a will? Is that what you're saying?

Speaker 14 (26:01):
She does will?

Speaker 12 (26:03):
Oh?

Speaker 6 (26:05):
Okay, So can I ask you something? Are you gonna
share the money with your sister?

Speaker 12 (26:12):
Most definitely?

Speaker 6 (26:14):
Okay? Are you gonna give her half?

Speaker 12 (26:17):
Yees. My attentions are to after we go through proad
court because that can be expensive. It's for us to
divide what's remaining.

Speaker 8 (26:24):
Yeah, I think that that seems pretty fair.

Speaker 6 (26:30):
I think that that is one of the options if Mom,
if you know in your heart, I'm just first of all,
you didn't call for this, so we're just talking.

Speaker 2 (26:38):
Okay.

Speaker 6 (26:40):
There's one opinion that would say, if mom's intent was
for her for the other daughter to get the funds
that were in the bank account, then you usurping that
and coming back and saying no, we're gonna divide it
into half. That may not have been your mother's intent.
But I don't know your mother's intent. Just because she

(27:00):
put your sister on there as pod does not mean
that she wanted her to have all of the funds
in the bank account. She may have just wanted her
to have access to it in the event something was needed.
But you know, I pray and hope that you all
work through that, because that's a tough position to be in.

Speaker 4 (27:16):
Yeah, it is, and Ari, And my suggestion is, you know,
have your your sibling talk to attorney so they can
explain that to her.

Speaker 2 (27:28):
You know what I'm saying, April. If she doesn't get it, said, well, looks.

Speaker 4 (27:32):
You know, let's let's let's get attorneys so they can
explain to us what's happening.

Speaker 12 (27:37):
And that's what we're going through now. I think the
funds were going to be quit on the paid on depth.
I think it's a quick process where probate is like.
And I think she wanted her I think she wanted
the funds immediately because they were years ago dean to
go to her. But when she went to the bank
and added became added on the account as a guarden

(27:59):
to take your mom bill, it knocked her out of
the position to be the p o D. And she
didn't know that's what she was finding up for. The
bank wasn't clear correct. So, like I said, now that
it goes to state, she's looking at me saying, April,
you're getting my money.

Speaker 6 (28:15):
Well you are, well, Hold on, April, let's let's let's
be honest about it. You are. You are getting what
would have absolutely been hers. But unfortunately it's the ball
is now in your court to do what you feel
as though would be appropriate for you and your sister.

Speaker 12 (28:32):
Yes, and I'm going to be there.

Speaker 2 (28:35):
Good for you, April. Thank you April for calling in.

Speaker 6 (28:38):
Thank you, Thank you, April, thank you, Thank you, ladies.

Speaker 12 (28:42):
I appreciate you, and God bless you you too.

Speaker 2 (28:44):
Bye bye.

Speaker 4 (28:44):
I'm glad you called in because you all explained. Because
this may happen to somebody else.

Speaker 6 (28:50):
It happens every day.

Speaker 2 (28:51):
It happens every day. Okay, let me get this and
then we'll get w D. I a high caller.

Speaker 5 (29:01):
Hey, that beautiful bell, Hey William William? All right, all right,
hey there pretty ladies.

Speaker 2 (29:07):
Hello.

Speaker 5 (29:11):
The mother passed away five of us. The older brother
just had a power of attorney and there was no will,
and you know we didn't know. But later, much later on, uh,
you know, maybe a year later, he tells us that
the money that mom had in the bank, he just

(29:32):
gave it to the younger sister, the older brothers. You know,
he was kind, he was handling her affairs and and
so I mean, it's it's not really a big deal.
Even well it's a deal, but just not a big deal. Uh,

(29:54):
it was it was that within his power to just
give all the money to one person, or can we
bring it up?

Speaker 9 (30:03):
Okay, So the answer to the question is if your
sibling only had a power of attorney, that power of
attorney gave your sibling the authority to act in mother's
stead while mom was alive. When Mom passed away, he

(30:24):
no longer had any more authority. And you indicated that
she did not have a will, She did not name
a personal representative or an executor. So no, absolutely he
did not have the authority to what we call convert
what would have been estate funds. Now, the question becomes

(30:46):
whether or not those funds were divvied out before she
passed and he had the authority to do so, or
if he did so after she passed away, and if
he did so after she passed away without the authority
to do so, then yes, as siblings, you all can
bring that up in probate court alleging that one of

(31:09):
your siblings has converted estate funds and that the rest
of you did not receive your inheritance as a result
of it, and request.

Speaker 8 (31:20):
That he pay you all back.

Speaker 5 (31:25):
You know, this is one of those areas where you
didn't know the money was there, you didn't have it,
and you can make you know, we can make a
big beef of it and you know, cause contention in
the family, or just let it go. That's uh, you know,
I think that's what we'll do. That's what we do.
That's what we have done, is just let it go,

(31:47):
even though we can bring it up at the Christmas.

Speaker 6 (31:49):
Prt No, hold on, William, No, that's you know what, William,
that's a good point. Let's discuss that. Let's discuss it,
because that's that's huge. You could bring it up at Christmas,
but then you have to understand what are the consequences, right,
and then does that cause a greater divide and then

(32:10):
you have to say what are the benefits?

Speaker 2 (32:13):
Right?

Speaker 6 (32:13):
We're not going to get the money back. The sister
has the money, the money has been spent. She obviously
needed or maybe she didn't, but either way, the money
is gone and you now have So at this point
you have the option to let them, let them, let
them take the money because it's already done, and then
you have the decision to make. William, you now say
what are you going to do about it? Now, I'm

(32:35):
not telling you this, I'm just saying options. You now
have the option to say, Okay, I now know how
this particular sibling operates. I know how the person who
received the money operates. I now should know how to
manage and work with this person. I know I wouldn't
make that person administrator over my will because they may
make their own personal decisions of fairness and then do

(32:57):
that instead of what's great for the better of the group.
So then you now have the power to decide how
are you going to interact with this person? But by
all means, I would not necessarily just bring it up
at Christmas, because if it is a serious concern, then
you may want to call them privately so that you
can extend the olive branch and then give them the

(33:19):
opportunity to express themselves without being embarrassed at Christmas time.
You know, I know you said it in jests, but
a lot of people would do that. On next family, Gavin,
I'm getting on them. No, hold on, Let's have mature
emotional intelligence. And they resolved things in a way in
which it'll keep the family together. But that's just a thought,

(33:39):
and I'm just sharing, and I know you were just kidding.
I just wanted to bring it up to everybody, and I.

Speaker 9 (33:43):
Just like to say, I know you indicated that you know,
you're probably you didn't know about the money, You're just
gonna let it go. You indicated that you didn't find
out about it until maybe a year later, so I
know mom has been gone at least for more than
a year. My question would be, are there any additional
assets that you need to look at?

Speaker 6 (34:05):
You know these?

Speaker 8 (34:06):
Yeah, did she have a house, a car?

Speaker 12 (34:10):
You know?

Speaker 9 (34:10):
Was there any retirement a four h one case, some
investment account out there. I understand saying okay, this bank account,
we did not know it existed. But with her not
having a will, if there are other estate assets out
there and her having five biological children, technically there's five

(34:31):
shares to your your mother's estate and so I would
just encourage you, you know, I understand letting go the
cash that's already you know, been spent, and I don't
know how much that was, but I encourage you to
look to see whether or not there are any other
estate assets out there, and then just focus on that.

Speaker 5 (34:51):
That's very good. Those are two good points. Just take
a look at anything else. But I also to talk
to the other brother and you know, uh, come to
how he made that decision, right, you know, and uh
and you know would laugh about it later. Oh yeah,

(35:13):
I thank you, You're welcome.

Speaker 2 (35:15):
Thank you, William, Thank you for listening.

Speaker 4 (35:17):
We are talking to the sisters they bad this morning.
Hold on callers, Gonna get you. Attorney Monika Johnson, a
tourney Ursuler Woods is here and you and you're listening
to Double You d I A The Bev Johnson Show.

Speaker 1 (35:44):
Got Something to say? Say it next with Tennessee Radio
Hall of Famer Bev Johnson on w d I aver.

Speaker 2 (36:10):
The working Hard to break you outa days never Saving.

Speaker 4 (36:39):
And we're talking with Attorney Monika Johnson and Attorney Ursula Woods.

Speaker 2 (36:43):
Ladies back to our phone lines to talk with you.

Speaker 3 (36:47):
Hi caller, Hey Belle, how are you going this morning?

Speaker 2 (36:51):
Hey, how are you?

Speaker 5 (36:52):
Who is this?

Speaker 7 (36:53):
Okay?

Speaker 3 (36:53):
Okay, who is this?

Speaker 5 (36:55):
Hey?

Speaker 2 (36:56):
Hey Titanic.

Speaker 5 (37:00):
And hello to your guess, Hello to your guests.

Speaker 3 (37:03):
Listen, yeah, listening in this morning and interesting show. I
lost my mom last year in June, and uh, it's
five of us as well as the last caller, and
my brother and I helped my parents. We helped my
parents pay the house off, but also our dad seven
years ago.

Speaker 5 (37:20):
My mom died seven years behind him, and my brother
helped me pay.

Speaker 3 (37:25):
The house off. Well, the money for the house was
in my mother's account, so with other than seven years,
we told her to live up the money or whatever whatever.
She didn't have any be able to pay really. But
when she came about and passed on, she it was
a riff in the family because of a marriage that
someone that got married somebody.

Speaker 5 (37:43):
Didn't like or whatever.

Speaker 3 (37:43):
So the other rip in the family and my mom
passed away and my younger sister, my younger sister was
on the account, the checking account, the bank account was
not and we were told that there was a little
curious money, but we were told that we use our
general I suggested everybody sit down there, just look at

(38:05):
all all the stuff together, but it was already ripping
the families that have got worse than I don't do foolishness,
and it was already ripping the family. Anyway, back a
long story short, whatever was in the account, My two
younger siblings kept it all, and that we were told
that that's what Mama I'm told me to.

Speaker 5 (38:24):
But there was no will, there was no nothing.

Speaker 3 (38:27):
And the family I already was torn and out, been praying,
trying to get it back together and whatnot. And two
of us are pretty much financially stable. The oldest would
need help and the younger two got everything that was left.
And someone told me I should go to probate. But
then someone they'll say that you go to probate. They

(38:48):
take up so much of the fees and funding anyway,
And I don't like drama when it comes to foolishness
with the family. They're just supposed to love one another.
But I was just listening to you all in the
wondering yet we did the right thing. Does I kind
of just let it go but that I'm not hurting
like that, But it's still confusion and it's still talked

(39:12):
about right now. Yeah, I don't know if we should
have went to probate. Not listening to you all, I
don't know if we should have went to probate or not.
There's a lot going on.

Speaker 9 (39:24):
So well, let me let me just this is Attorney Johnson,
and I just want to say I'm sorry for your
loss and I'm sorry for the rift in your family
that is. That is an emotional toll that I, you know,
can't even imagine. So I'm sorry that you're going through that.
There's one thing that you mentioned though, that stuck out

(39:45):
to me. You indicated that your sister was on the account,
and I'm not sure if that means she was a
joint account holder on the account.

Speaker 3 (39:59):
But yeah, he does. I'm sorry, job. You know, your
family get older made to the account.

Speaker 9 (40:04):
Okay, yes yet, And this is what I try to
talk to my my my elderly clients about, you know,
because they said, well, I'm just gonna add my son
to my deed, you know, so I don't have to
worry about anything. I'm just gonna add my daughter to
my account and then she can get it whenever she
needs it.

Speaker 8 (40:22):
Well, let me tell you what that does.

Speaker 9 (40:24):
If if mom or dad does that, what that does
is that adds them as a joint owner on that
account immediately, right, Unlike a pay on death beneficiary, that
account holder has just as much access to that account
as the other account holder. So when Mom put sister

(40:46):
on the account, mom passed away, that was not an
estate asset. It all went to your to your sister
because Mom placed her on.

Speaker 8 (40:57):
The account, right, That's why. Yeah, Now there could be
other assets. So I'm saying that to you.

Speaker 9 (41:06):
If she was joined on the account, you could have
gone to probate, and there's nothing a probate court could
do about that because it would not have been an
estate asset that should be divided among the heirs.

Speaker 6 (41:19):
So although you feel as though it created a divide
in the family because the one sister who name was
on the account gave the money to the to the
to the other younger sister in spite of the older
sister needing it. That was her choice that she could make.

Speaker 8 (41:36):
Right, Yeah, yeah, yeah, Now how long has mom been gone?

Speaker 3 (41:42):
June of last year, we actually, yeah, we actually were
doing a room for dil as a whole of the situation.
We had to fire attorney because we found a lot
of things out that was done wrong. With the hospital,
so well, you're.

Speaker 8 (41:55):
Definitely gonna have to open in a state. Let me
let me explain that to you.

Speaker 9 (41:59):
If you're filing a wrongful death lawsuit, you're filing it
on behalf of you know, her estate or her heirs,
then then you would need to open up an estate,
a probatea state so that those moneies.

Speaker 8 (42:17):
Let's assume, you know, you win the lawsuit.

Speaker 9 (42:19):
Those moneies come back to the estate and then they're
divvied out to the airs at loss and she did
not have a will. The other thing is she passed
in June of last year, so it hasn't been a
full year yet, and you really need to determine whether
or not there are any other estate assets out there,

(42:41):
you know, whether there are any other bank accounts, if
there's any real estate, If there's other assets, then yes,
you you will still need to, you know, open up
a probatea state so that those assets can be distributed
to the heirs.

Speaker 8 (42:58):
But as far as that.

Speaker 9 (42:59):
Bank account is concerned, I don't necessarily think that you've
done anything wrong because I'm not sure there's anything you
could have done differently.

Speaker 8 (43:07):
If your sister was a joint account holder.

Speaker 6 (43:11):
And One of the other things that he mentioned, Attorney Johnson,
was about fees and probate court and they take all
of your money. Do you mind sharing what happens in
Shelby County.

Speaker 2 (43:19):
Yes.

Speaker 9 (43:20):
In Shelby County, our our courts are very particular, not
only about the attorney's fees that attorneys are allowed to
charge for a probated state, but also the court costs
and the court fees and the bond cost. And it
sounds intimidating when we talk about court costs and attorneys

(43:41):
fees and money for a bond.

Speaker 8 (43:44):
But I will tell you, generally.

Speaker 9 (43:46):
Speaking, those fees I the fees are are are really reasonable.
I do not usually see more than one percent of
an estate, you know, spent on you know, probate fees.

Speaker 6 (44:00):
And so what if the administrator wants thirty thousand dollars
and there's no money in a bank account and all
you have is a two hundred thousand dollars house, can
an administrator reasonably get that from the court.

Speaker 9 (44:13):
No, because the court is not going to make the
heirs sell the house to pay an administrator, or even
sell the house to pay a debt. We're not even
going to sell the house to pay a debt. So no,
if all that the estate owns is a home, then
all creditor and we're not talking about the mortgage of course,

(44:33):
but no, we're not going to sell the house. We're
not going to distribute any proceeds, and we're definitely not
going to pay any creditors.

Speaker 6 (44:41):
So the fees that you are concerned about, whether you
should you all should have gone to probate or not,
it's a mood point because it's not going to exceed
any more than one percent of the estate and the
court is very diligent here. So definitely, if you have
any assets that you need to disperse through the probate,
give us a call at nine zero one five four
one help.

Speaker 3 (45:02):
Yes, yes, turn, yeah, I've dealt what you went for.

Speaker 5 (45:08):
You're at you're doing, you're doing.

Speaker 3 (45:10):
Clothing for you before?

Speaker 6 (45:11):
Oh yeah, thank you, thank you for coming.

Speaker 14 (45:14):
Clo Yes, you're right, clothes for me, Thank.

Speaker 2 (45:16):
You, Titanic Bye bye, right you too. W D I
a hey caller. Hello, Hi you on the air.

Speaker 13 (45:27):
Thank you.

Speaker 10 (45:28):
Hi.

Speaker 13 (45:28):
I am from Oceola and I'm late getting on y'all show.
But I want to know because I'm looking for a
lawyer that would fight against the states for medical neglect.
And I kind of like I said that in your show,
kind of late to hear what I was talking about.
But I know you were talking about lawyers. Is this
something that I that, Uh, listen, I don't.

Speaker 2 (45:48):
Know if you Oceola, is that are you? Are you
in Tennessee or Arkansas?

Speaker 13 (45:55):
I'm in Arkansas.

Speaker 14 (45:56):
Oh.

Speaker 9 (45:57):
Yes, we have the mains Tiffany, Tiffany and Little Rock, Arkansas.

Speaker 6 (46:03):
Yes, and they're really good at what they do. It's
the May's family there. They come from a long a
family of attorneys and Attorney Johnson is looking up the
telephone number and even if not, we can give it
to you if you keep listening, just for a few moments.
But it's Tiffany Mays. Ricky Mays was a partner there

(46:23):
and the father was a Supreme Court justice and very
good friends with Bill Clinton.

Speaker 8 (46:27):
It's called May's Bird and O. Gwynn p l LC.
And that number is five.

Speaker 6 (46:33):
Are you ready? Do you have a pen and paper?

Speaker 8 (46:36):
Yes, ma'am, okay, okay.

Speaker 9 (46:38):
That number is five zero one, five nine nine four
eight one one. And as for Tiffany, she's a powerhouse
attorney there. And you can let her know that Attorney
Johnson and Attorney Woods referred you five oh one five
nine nine four eight one one.

Speaker 13 (47:02):
Thank y'all so much, and have a blessed day for
helping other people.

Speaker 1 (47:07):
Thank you.

Speaker 2 (47:08):
Oh that was nice. Double one w D I a
high caller, Hey bill o common man?

Speaker 7 (47:18):
Yeah, Hey hey y'all.

Speaker 8 (47:19):
Man coming in?

Speaker 7 (47:21):
Hey, hey hey hey, how y'all doing doing well? I
was thinking about something I wanted. Okay, I want to
ask you all, couple.

Speaker 2 (47:28):
You got a couple of questions on common man? Were ready?

Speaker 5 (47:33):
Yeah? Will you be?

Speaker 10 (47:37):
What is it?

Speaker 9 (47:38):
What?

Speaker 10 (47:38):
What?

Speaker 2 (47:39):
We both have boyfriends? What are they gonna say about that.

Speaker 7 (47:43):
You have another boyfriend? Well?

Speaker 6 (47:46):
Okay, then we go together. We got to tell them
we go together.

Speaker 2 (47:50):
I think that's the song that's right.

Speaker 10 (47:52):
Yeah.

Speaker 7 (47:53):
Hey, look, you know how a person have a power
of attorney? Right, so we know how that works. Person
exprising path of attorney's PATHT But I was wondering, can
a person legally or officially set up someone in particular
to be responsible for their remains or you know, they're
found arrangements? Yes, like you know you got family? Okay, yes,

(48:17):
so if you can't specify somebody, yes.

Speaker 8 (48:20):
Yes, and We usually do that in.

Speaker 9 (48:23):
Either the will the last Will and Testament, and sometimes
it's also noted in what we call the health care
Power of Attorney because that person is making healthcare end
of life health care decisions and generally speaking, you know,
that person who's making those health care decisions sometimes is

(48:45):
also given the authority to make the decisions concerning the remains.

Speaker 2 (48:49):
At at passing.

Speaker 8 (48:51):
But yes, we do put that in writing what your
wishes are, Okay.

Speaker 7 (48:57):
Are you able to specify, like, for instance, I got
my range as already planned, pre planned, right, so are
you able to say in that uh you know statement
that my wishes in terms of mind plans to remain
the same, they can't be changed.

Speaker 9 (49:15):
Absolutely, we put that in your Last Will and Testament
as part of one of the requirements. Sometimes we have
individuals who want to be buried next to their spouse,
they've already paid for the burial plot. We would have
we would have all of that information in the document
to make it very clear for the personal representative to

(49:36):
follow your instructions. But absolutely, you have a right to
decide what happens to your remains where you're buried. You
can make that decision in advance for your loved ones
to follow.

Speaker 6 (49:50):
And then one of the other advantages, especially when you're
talking about somebody's remains or even if the if you
all heard the calls from earlier, having a will this
all the time, and I just do not want to
miss the opportunity. Having a will and a trust will
keep the family together. Yes, having a will or a
trust will keep the family together because no one can know.

(50:14):
They cannot argue about what mom and Daddy wants when
their desires are in black and white.

Speaker 7 (50:21):
That's right, right, exactly. That was one of the reasons
I asked the old question. I was thinking about it,
but that definitely will say, cut down a lot of
confusion and all this neck.

Speaker 6 (50:30):
Right, and then you can go to Christmas dinner and
smile and laugh and keep it moving.

Speaker 5 (50:36):
Thank you.

Speaker 7 (50:39):
That would that be in a will, That would be
part of the.

Speaker 8 (50:41):
Whey, Yes, yes, yes, sir.

Speaker 7 (50:43):
Okay, okay, all right, okay, thank you, coming man, all right,
I'll be good.

Speaker 4 (50:48):
All right, you too, Bye, Bob. We're gonna get this
last call as we get ready to wrap up w D.
I a high caller.

Speaker 2 (51:01):
What's up bird, legs, that's right, legs.

Speaker 6 (51:08):
I won't say your family member's name because I don't
have permission, but I just want to say thank you
for the referrals. I got a couple of people who've
come to me because of you. Yeah, and I really appreciated.
And then we had gone through we were I was
helping this person do some things and then she was
like and then bird Legs, I was like, oh my god,

(51:28):
I gave.

Speaker 14 (51:28):
Her a hug.

Speaker 2 (51:29):
I was like, you should have told me that in
the beginning.

Speaker 6 (51:32):
So yeah, so thank you.

Speaker 14 (51:34):
Well you're welcome, and allow me please to say this
here if got you on the show, if you can conscious,
thank you.

Speaker 6 (51:44):
I love the love for getting today. Thank you. That
is true.

Speaker 2 (51:47):
We do take that's right. That's right, bird Legs, that's right.

Speaker 14 (51:52):
I know that's right.

Speaker 5 (51:54):
Quick.

Speaker 14 (51:54):
Sound like you got to get out of the later.

Speaker 2 (51:56):
Yeah.

Speaker 14 (51:57):
If you have a young person, both beautiful daughters, they
aloholds were great hud because I played for them that
great good husband and they got them. I promise you,
so uh, I wouldn't have any decisions to make as
far as they are concerned. I'm saying that, however, people
that have young adults that are not married, what do

(52:17):
you call that? Well, you need to set up something
to make the thief. I don't know if you all
have the stuff that because I've been in and out
of the car to make the seasons upon their lives,
their medical history, medical decisions, and what have you, and
they that something happens, what do you.

Speaker 3 (52:31):
Call that medical?

Speaker 2 (52:32):
It's it's it's it.

Speaker 9 (52:34):
They need an estate plan just like any other person,
right because and they think that they don't have assets
because they're young adults, but they have them set they
have in their bodies, they're in the state in and
of themselves. So yes, they want to also have those
documents in place. And we do talk about it bird
Legs sometimes, especially around the time that those the students

(52:59):
are going away to college for the first time, because
they are technically eighteen, they're technically adults, and the parents
can't make the decisions for.

Speaker 8 (53:09):
Them any longer.

Speaker 9 (53:10):
And so what we do is we have like a
little graduation package that we put together for the parents
and for those students to come in sign all those
documents so that we can ensure that those parents can
make those decisions if they need to make them. We
would pay for something to happen to one of our
children while they're away at school, and then those doctors

(53:32):
aren't giving us information.

Speaker 8 (53:34):
And so yes, yes, Burlags, we do that as well.
That was a very good question.

Speaker 5 (53:41):
I think.

Speaker 14 (53:43):
I just don't call it. I like to listen sometimes,
which I have a problem with, but I do try
to listen. And one last thing I have that's painful.
I have two daughters. Why am I daughters three or
four cars? I will have the opportunity to buy my
youngest boy one car. On all the documents, I haven't

(54:03):
uh that it's for her, and that when I when
I go on, right, as long as they both know that,
that's okay.

Speaker 8 (54:11):
Yes, well I don't know what documents you say that's okay.

Speaker 9 (54:15):
But remember what we're trying to do is prevent we're
trying to keep families together. Right, And although you think
you've said that for years, this is gonna be so
and So's car. It needs to be in your last
will and testament. It needs to be in writing, notarized, witnessed,
so there's no question about what happens when you're no

(54:38):
longer here, because just saying it, just writing it down,
and if it's not written down in an official will,
it's not going to be enough to make sure that
that happens.

Speaker 14 (54:51):
You know what, I called it kind of Woods and
she gave you, gave my number to you, and you
call me if then some kind of go. But I've
been kind of ripping and running. But we are discussed,
said Toney Woods, you and I something, and you gave
me a ton of because I'm gonna say people call me,
I mean a kind of Johnson. But anyway, I'm gonna
do that because I don't want any problems. My dad

(55:12):
is a nine years apart and one in Georgia, one
day in lives and I don't want any problem. So
I really need to take care of that because each
day I'm I'm closer to the grave than I was
yet take care of his.

Speaker 2 (55:23):
Sister and bird Legs.

Speaker 9 (55:25):
You said that they have wonderful husbands, and that's a
very good thing. But the other thing that your will
will allow us to do is to make sure that
whatever inheritance you leave.

Speaker 8 (55:36):
For your two daughters, that it goes to their children
and not their spouse.

Speaker 9 (55:41):
Okay, and I know you love your son in laws,
but you know we want to take care of the
grand babies too.

Speaker 14 (55:48):
That's who I want to take care of him. You
know what, I love my son in law, so I
don't call them son in laws. Those are my Friday.

Speaker 12 (55:58):
Thank you.

Speaker 2 (56:02):
All right, thank you, bye bye, good show today.

Speaker 6 (56:06):
It has been a good show. And you know, and
shout out to every in law that's a good in
law because yes, not all of them are created equals.

Speaker 2 (56:13):
You got that right, sister. Anyway, have your last words.

Speaker 8 (56:17):
I just want you to know how much I love
your show.

Speaker 9 (56:20):
Listen to who called in today, mister Titanic, mister common Man,
miss bird Legs.

Speaker 6 (56:27):
Do you not just love wi?

Speaker 12 (56:30):
Yeah?

Speaker 9 (56:30):
Yeah, So thank you all for calling, for always being
supportive of what we do. Thank you Bell for allowing
us to come here and share what we do. We
really appreciate the time, and we look forward.

Speaker 4 (56:44):
And I think you know because you were having calls
and I have an email, but we can't do it.

Speaker 2 (56:49):
But you will be back next.

Speaker 4 (56:51):
Week, absolutely, and so continue that conversation and others.

Speaker 6 (56:55):
Absolutely, yeah, Attorney Woods, your last words. I just want
to say I started off the show reminding people two things.
Number one, let them be at peace, you know, let
people be who they are, and then you choose what
to do about that. Give us a call at nine
zero one five four to one help. That's nine zero
one five four one four three five seven. We cover

(57:18):
the areas of real estate law, bankruptcy. If you've been
hurt or injured in an accident, call Earth and then
we also wheels in estate planning with Attorney Monika Johnson
and myself. So give us a call nine zero one
five four one help. Thank you, Bev. We appreciate you.

Speaker 2 (57:32):
You're welcome. I look forward to seeing you next week.

Speaker 4 (57:35):
Attorney Monika Johnson, Attorney Ursula Woods, the bankruptcy firm preferred
title in escrow, and nine oh one car wreck dot Com.
Get ready as we go to the other side of
the Bev Johnson Show. Our friend is back, mister Willie Jacobs.
Next on w d IA The Bev Johnson Show.

Speaker 11 (58:06):
Whether you're in Arkansas, Tennessee, or Mississippi on Facebook, Twitter,
or Instagram, Thank you for listening to The Bev Johnson
Show on w d I A Memphis