Atty Ursula Woods & Atty Monika Johnson

We are "Asking the Experts" today on The Bev Johnson Show on WDIA Radio with Attorney Ursula Woods and Attorney Monika Johnson.

Episode Transcript

Speaker 1 (00:03):
Memphis probibly pretends the Damp Johnson Show.

Speaker 2 (00:08):
Let me say bathe first, let me you say.

Speaker 3 (00:21):
She's gone camphis do gain alone.

Speaker 4 (00:28):
No matter of the problem she can have.

Speaker 5 (00:32):
So just all the phone and a normal so your mind.

Speaker 3 (00:38):
She jim me in the hair by chilling you to
just keep the thing.

Speaker 6 (00:48):
When a wrangle appecking out the Johnson Show because.

Speaker 7 (00:53):
They have got this outing game.

Speaker 8 (00:57):
You can hear every day you.

Speaker 5 (01:00):
D I ain't.

Speaker 2 (01:02):
Well bell got me a missed king. Yeah, good morning,

(01:48):
good morning, good morning, and welcome in to w d
i A The Bev Johnson Show. I'm Bev, Yeah I am.
It is good to have you here once again on
a Tuesday, October twenty eighth, twenty twenty five. Enjoy this

(02:09):
fabulous day to day. Get ready to put your ears
on as we spread the good news. We'll be talking
with our attorneys. My fingers across as thirty ursula was tourny.
Monika Johnson should be in today to give you all
your legal questions you may have for them.

Speaker 8 (02:31):
When it's your turn to talk, you know you can.

Speaker 2 (02:33):
All y'all need to do is dial these numbers nine
zero one five three five nine three four two nine
zero one five three five nine three four to two
eight hundred five zero three nine three four two eight

(02:57):
hundred five zero three nine three four two eight three
three five three five nine three four two will get
you in to me. And if this day, this this

(03:20):
here day, Tuesday, October twenty eighth, twenty twenty five, is
your birthday. Happy birthday to each and every one of
y'all out there who may be celebrating a birthday on
this day. We say, go out, y'all, go out and
sell them, bry your life. You are you, you bet it,

(03:45):
you bet it. When we come back, we'll talk with
the attorney hopefully. Yeah, turny, Ursula Woods, Turty Monika Johnson,
we'll be in to talk with you this day here
on the Bed Johnson Show on the Heart and Soul
of Memphis, w d i A.

Speaker 4 (04:57):
You know, over the.

Speaker 2 (05:28):
Good morning and welcome back to w d i A.
And today we are asking the experts.

Speaker 8 (05:34):
Yay, they made it.

Speaker 2 (05:36):
The attorneys are in the house, Attorney Ursula Woods, Attorney
Monika Johnson. And let me say good morning, sistars.

Speaker 3 (05:48):
Good morning, how are you doing.

Speaker 8 (05:51):
I'm doing well. I'm doing well. I'm glad y'all got
out of court.

Speaker 3 (05:55):
I'm so happy we did.

Speaker 9 (05:57):
So, you know, life, life, life is life and trying
to your bad yeah, Bryan's rights.

Speaker 8 (06:03):
Yeah, we are look at fabulous than going today.

Speaker 9 (06:08):
We're just too curly head girls trying to deal with
this Memphis gloomy weather. Oh guys, today is Jamaica the landfall?

Speaker 3 (06:18):
Yeah?

Speaker 10 (06:18):
Yeah, hurricane, the hurricane?

Speaker 3 (06:20):
What time does do we know?

Speaker 10 (06:22):
What they said?

Speaker 8 (06:23):
Category five?

Speaker 3 (06:24):
Category five?

Speaker 2 (06:25):
It's going a matter of practice going through that. When
I hit Jamaica, it was going through NASA too, and
Cuba and and and and Bahamas.

Speaker 9 (06:35):
Yes, it's oh, oh they don't you remember when a
few years ago when we had just visit the bbis
the British Real or not, and they had the huge
hurricane that went through there.

Speaker 3 (06:45):
So I think that they're saying it.

Speaker 11 (06:46):
And after pictures remember from the bb I that year
I think was that like.

Speaker 9 (06:53):
This is twenty eighteen, twenty nineteen somewhere around there. Yes,
you had the before and after, but.

Speaker 11 (06:58):
This they said that there is a mandatory evacuation in Jamaica,
like a category five never hit.

Speaker 3 (07:07):
You know who's still hanging out there?

Speaker 4 (07:09):
Lord?

Speaker 8 (07:09):
Hell yeah?

Speaker 9 (07:10):
He was posting last night one of our friends has
a resort, a small resort in Jamaica, and he was
posting from there last night. And so they have this
huge wall. I mean it's a yeah, you remember the wall.
So the wall has to be about maybe four feet hot,
that's how tall the wall is between the actual resort
and the seashore. And it's it's really tall, and it's

(07:32):
far away from the house. And I just was seeing the.

Speaker 3 (07:35):
Video all night.

Speaker 9 (07:36):
He stayed up all night posting. I'm pretty sure you know,
he built that resort from them.

Speaker 11 (07:43):
Pry for them, because they're saying it could be unrecognizable.

Speaker 9 (07:46):
Yeah, after this, and even you have to remember the
people who lived there. Even if they are saved, it's
still the economy. It's a tourism economy, you know. So
we're built, yeah, you know, for them. So but thank
God that they are you know, at least we're told
in advanced prayer for everybody has evacuated to higher ground
and they can get some assistance coming back.

Speaker 8 (08:08):
Yeah hopefully. Yeah, we'll pray for them.

Speaker 2 (08:11):
And she said it's one of the strongest storms that
has hit that area and we're going to the Atlantic.

Speaker 9 (08:20):
So oh wow, all right, today to switch gears just
a little bit is not about the weather, but it
is gonna be something equally as well.

Speaker 2 (08:30):
Let me let me say, we always get that famous soap.

Speaker 9 (08:34):
Box, the famous soapbox, So I believe that unfortunately, my
entire my entire session today is probably gonna feel like
one big soapbox. Because my assistant, Miss Ali, who is
in the office, Miss r ruu woo is what I
call her. She is like, look, I need to talk

(08:57):
to the people. She said that time out for us
educating the people. She said, It's now time to just
come to the people and have some real discussions.

Speaker 3 (09:04):
So that is what I'm doing today.

Speaker 9 (09:06):
I'm sorry, You're gonna have some real Some real talk
today is some real talk. So like say, for instance,
I'm going to talk about bankruptcy, but let's say, for instance,
when it comes to wills in a safe planning, we're
gonna have some real conversations. Number one, let's be real.
When someone died, it's a money grab. Okay, let's just
be honest. Everybody everybody has that one sister or brother

(09:26):
who's worried about where did mamma keep the policies?

Speaker 3 (09:29):
Where the bank accounts?

Speaker 9 (09:31):
And you have that one brother or sister who's going
to drain the account while Mama is alive. And we
all know who that person is, and we sit there
and pretend like we don't because they're a bully.

Speaker 11 (09:40):
Okay, then you have that sister who goes in and
takes all the furs out of the house and any valuables.

Speaker 9 (09:48):
Right, and so you all sit back and you all say, well,
what am I to do? Ursula, what am I to do?
You know what you all should do? You all should
talk to Mama before she passes away and get a whell.

Speaker 3 (09:58):
That's what you should do.

Speaker 9 (10:00):
The reason why you hadn't done it is because you
are not strong enough if this stage, should do it.
And today we're here to give you strength because you
don't have to do it on your own. You understand
you have a team of people and professionals and resources
that you can tap into to get them to do this.
So today it's gonna be a hard conversation. But first time,
let me get out of Monique, let me business. I

(10:21):
feel like it's coming on. Yeah, it is, because I
understand what we were saying today. She actually she started
yesterday and she was saying at some point that people
need the raw truth, she said. They don't need another class,
another session educating them about wills and estate planning and
about bankruptcy. What they need is real talk from someone

(10:43):
who is willing to tell them that now is the time.
So when it comes down to when it comes down
to bankruptcy, the reason why now is the time is
because I am getting more and more calls about whether
someone should or should not file bankruptcy based upon the
fact that they are about to lose their house. Okay,

(11:03):
so right now is the first wave. People are not
able to pay their rent, they're not able to pay
their mortgages, and they're losing their home.

Speaker 3 (11:11):
So what are they supposed to do?

Speaker 9 (11:13):
Sit back and call some of these companies that allegedly,
let's just be honest, that allegedly help you keep your mortgage.
Those mortgage modification Oh you heard about this young lady.
You know what that young lady is charging every month
and you all have normalized about nine hundred and fifty
dollars a month, About nine hundred and fifty dollars a month.

(11:33):
This person, you explained documents and get them approved for
a modification a modification. So let's talk about it. So
if you are behind, I know I'm fussing. I sound
like I'm fussing.

Speaker 11 (11:45):
We need it, sometimes it doesn't.

Speaker 9 (11:48):
Why are you paying somebody nine hundred and fifty dollars
for something that you could pay them one time fee
of nine to fifty to do? Stop being used by
this person? So AnyWho, here's how it works. You have
not been able to pay your moretrigage because times are
tough right and it's already proven it takes one dollar.
I'm sorry what it took one dollar to do twenty
five years ago. This is within our lifetime. It now

(12:08):
takes thirty dollars.

Speaker 3 (12:10):
Okay.

Speaker 9 (12:10):
So, and we've seen the greatest increase in prices of
things over the last.

Speaker 3 (12:14):
I think they said fifteen years. So that's a lot.

Speaker 9 (12:16):
Everybody been hit and we're not getting necessarily the increase
in income to match. So I get how we got here,
Crime a River. I'm serious about it, like I get it.
I'm there too. But with that said, you have people
who are taking advantage of you. I don't care how fast.
I know I'm talking fast now, but I'm not trying
to take advantage of you. But I don't care how
fast this person talk how well together they are, because

(12:36):
they are I know this person. They are very well
put together, all right, but they are taking advantage of you.
It does not cost nine hundred and fifty dollars a
month to modify your mortgage, so let's talk about it.
Once you're behind on your mortgage, you can call your
mortgage company and you have two options. You have modification
as well as four. Well, you have three modification for

(12:57):
a bear, so either you can sell it moose times.
The Monika is saying refinance, you have an option to refinance. Well,
the problem with refinance is most people are in a
credit vulnerable position at their time.

Speaker 3 (13:11):
Their credit just.

Speaker 9 (13:11):
Isn't strong enough to truly go through a traditional refinance
where you get fully approved by credit. But a modification
the lender can approve you regardless of your credit rating,
is just about your ability to pay, so then they
modify the loan. Okay, y'all got it. There's a great distinction,
Thank you, Monika. A modification you're behind on your mortgage,

(13:32):
you can ask them for four barance. A for for
bearance is an option in which instead of paying back
one thousand dollars a month for your mortgage, you'll pay
back three eighty five enough to cover the taxes and insurance,
and then at the end of twelve months, eighteen months,
six months, that's when your forbearance ends. Then your regular
payments will commence, and then they'll take all of the

(13:54):
rearges and put them on the back end, either one
lump payment which will be a balloon note in twenty
five thirty years, or they'll redistribute the amount and then
recalculate your payment with the lower interest rate.

Speaker 3 (14:06):
You understand. The bottom line is.

Speaker 9 (14:08):
They will work it out and you won't have to
pay the mortgage for a minute. But in order to
survive that, in order to survive that, you need to
be with someone who's not taking advantage of you, you understand.
And so then you call these this person or these
people who say they're going to help you modify your mortgage.
Yet they're charging you one thousand dollars a month on
a process that may take one to three months to resolve,

(14:30):
but they're stretching it out six months so you can
pay them all of that money.

Speaker 10 (14:34):
So I have a question.

Speaker 11 (14:36):
I'm listening, are these people licensed to provide this service
to homeowners?

Speaker 3 (14:42):
Not one what qualifies.

Speaker 11 (14:45):
I'm sorry, but what qualifies an individual to step in
as your consults and require you to pay a monthly fee.

Speaker 3 (14:56):
That's a great question. No, you know what they're going
to say.

Speaker 9 (15:00):
So I used to do mortgages back in the eighties
and the nineties. I used to do mortgages, so I'm qualified. Well, baby,
you can bring that to our office and we will
help you get modified as well. You can go to
Memphisary Legal Services if you have somebody who literally, and
I mean this, if you have somebody you know, some
people can read and they can understand. They just get
a good grasp of the things that they're reading. It's

(15:21):
not like they're.

Speaker 3 (15:22):
Educated or but they do get a good grasp of
what they read.

Speaker 9 (15:25):
Tap into that friend, give that friend three four hundred
dollars and say, hey, sis, I need to read this.

Speaker 3 (15:31):
Tell me what I need to Well.

Speaker 11 (15:32):
Let me ask then, I mean, why are the instructions
usually difficult to understand when you're developedications?

Speaker 9 (15:43):
She keep me on track? Okay, So yes, yes, yes,
and no. That's first off, that's subjective. So is it difficult.
It's a lot of moving pieces. So they're gonna need
your paycheck stubs, they're gonna need your RS tax returns,
they may need some other documentary.

Speaker 10 (16:00):
It's just like.

Speaker 11 (16:00):
Buying a house when you didn't you get give all
those documents to your lender. Yes, there was no one
consulting you to go get your tax return and give
it to your lender. You just followed the instructions. And
so I guess what I'm trying to figure out is
did the mortgage companies make the process so convoluted that

(16:25):
it's confusing the consumer? And now the consumer is being
taken advantage of because they're paying for a service for
somebody to.

Speaker 9 (16:34):
So you know what, that's why I love my best
see so let her logic enter the chat room. So
what she's saying is she's telling me, do not blame
the victim, look at the lender and see if they've
complicated this process.

Speaker 3 (16:47):
Okay, so that's a good point.

Speaker 9 (16:48):
So with that said, next time somebody needs a modification,
I'm looking at that modification package and I'm going to
come back on the air and we're about to walk
through this thing together.

Speaker 3 (16:58):
That's good because and I'll.

Speaker 9 (17:00):
But even if it is, even if it is objectively
convoluted for no good reason, then I still don't want
you to call someone who's gouging you at a thousand
dollars a month. I want you to shop around, call
other attorneys, and then find out a better avenue besides
this person.

Speaker 10 (17:19):
I got one.

Speaker 3 (17:19):
I got one for you, Okay.

Speaker 11 (17:22):
I feel like the government process to apply for certain benefits.

Speaker 2 (17:29):
I e.

Speaker 11 (17:30):
Section eight benefits and things like that can sometimes be
very confusing, convoluted. You know, you can't get a straight answer.
You know, the window is only open in certain times.
You don't know when that. You know, it just made
it very, very difficult. I'm just wondering, if we're not

(17:57):
dealing with the same thing when it comes.

Speaker 3 (18:00):
We may be.

Speaker 9 (18:01):
Yeah, and that may be a very valid point because
to your point, people have So what Moniqua is saying.

Speaker 3 (18:06):
To all of my listeners out there.

Speaker 9 (18:09):
Is, Look, this may be a situation in which the
lender has made this a harder process. But I still
encourage you to get help, but just not from someone
who's taking advantage of you. Switching gears a little bit more,
let's talk about bankruptcy.

Speaker 10 (18:22):
Hold on before you go on.

Speaker 11 (18:23):
But even with that, those individuals that's you know, receiving
Section eight or or looking for those government benefits. They
still don't go hire consultant to help them fill out
their application. They may talk to a friend who's gone
through it before, you know, or talk to someone else,

(18:44):
or read.

Speaker 10 (18:45):
The instructions or google or do research.

Speaker 11 (18:49):
I'm just I'm just concerned about a consultant being able to,
you know, just say that they're an expert and take
advantage of someone when they're already in a vulnerable position.

Speaker 9 (19:03):
But then the next question is going to be just
to go down that track before we go to Bangrussy,
to go down there as to whether you're going. So
the question is whether we hire a professionals to navigate
something such as a mortgage for bearings or whether you
should hire a professional handle a mortgage modification. And so
Attorney Duhnson is saying that it's complicated, we need to

(19:23):
take a look at that package. But my question is
how are they going to vet people to even determine
if this person is taking advantage of them or not.
I think that a thousand dollars is too much to
pay for someone to do a modification for you on
a monthly. You've been a thousand every single month, and
then you have no control over how many months they're

(19:45):
going to drag this process out. And I know people
are taking advantage of all the time. But when you're
already hurting, you're already trying to figure out should you
pay for daycare or should you pay for food? Should
you pay MLGNW or should you help your mama out
with her heart met us. You have to give up
your gambling habit. Don't take it lightly because that's an addiction.
And then they got to drop a cold turkey because

(20:06):
it's a choice between that or whether your child is
gonna be in football practice. Let's not take addictions lightly,
I understand. So then when people have that inside in them,
it's like, okay, they're up against a wall.

Speaker 3 (20:18):
What am I to do?

Speaker 9 (20:19):
And then our own people, our own community come in
and take advantage of people and then gouge them.

Speaker 3 (20:25):
That's what breaks my heart. That breaks my heart.

Speaker 9 (20:27):
And then also when you get in a circle such
as being here in BEV, you have an elevated conversation.
What I mean is BEV will let you all will
call in, and you all will come from a place
of feelings and emotions, and then Bell will say hold.

Speaker 3 (20:41):
On, hold on, caller, hold on, Hold on, caller, hold.

Speaker 9 (20:45):
On, and then she'll have the subject matter expert chime in,
right right. The reason why you do that because you
need a balance. BEV is like, Okay, you've shared your
emotions and your feelings around this, let's have the expert
way in. When you're around your family and your friends,
you don't do it, and you don't even bring it up.
You sit there. I am fussing today. This entire show

(21:07):
is a soap box. You sit there and then let
people talk about Well, I just can't believe my boss
was mad because I was five minutes late. I'll be
I'm on like this one. This was a real conversation
with a young lady. I'm I'm late every day and yeah,
my manager, she was working a czar.

Speaker 3 (21:21):
This was in New York. I am late every day.

Speaker 9 (21:24):
But they told us that we had a five minute
grace period. And so if I'm supposed to be here
at twelve, I start by twelve oh five every day.
And if she want to fuss at me, sis, you're
supposed to be there at twelve, I told her, you
start getting here at eleven fifty five. Grab some hangers
on the rack that need to be moved as you're
coming in, be like, hey, miss Mary, you know me

(21:45):
always work and got some extra hangers that was out
there and clock in. You do that two or three
days and then maybe mss Mary'll be like you always working,
always on point. So when you are using your five
minute grace period, now she can understand you save that
for emergencies. But my point is not about being five
minutes late. My point is when you're amongst your friends,

(22:07):
are your friends challenging your thought process? Even Attorney Johnson
did it here, like wait a minute, Ursula, right, I'm
screaming out, wait a minute, Ursula. She's like, what if
the lender is making this process? That's what you need
to bake into your conversations with friends, and you have
to give them space to.

Speaker 3 (22:28):
Be able to do. So what are your thoughts?

Speaker 11 (22:32):
Well, I just think that if there is a need
for an expert in that area, then let's find the
real experts the freeze resources that we can use. And
you know how I feel about Operation Hope.

Speaker 9 (22:50):
Okay, yes, before I wanted to let me break that
into the bankruptcy okay, because that is a part of
my discussion. Hold on Monica wants to bring up less
or why at operation which he is.

Speaker 3 (23:00):
He's a friend of the show through Ruth.

Speaker 8 (23:02):
Through Ruth.

Speaker 9 (23:03):
Yes, all right, so you always hear him on this show.
I did not meet him through bit. I don't think
I met him through bev so. But but the bottom
line I'm trying to prove is, in my opinion, he's
a great person and he really gets a job done.

Speaker 3 (23:14):
All right, So bankruptcy.

Speaker 9 (23:16):
This is to my people who are having issues financially.
You all are doing every trick in the world besides
filing bankruptcy.

Speaker 3 (23:25):
You have this debt. You're talking to these people online.

Speaker 9 (23:28):
If y'all, I wish I could call out the names,
if y'all send me them goofy videos about how to
clear up your credit. Is this true yet? The answer
is yes. If you object right now, anybody within the
sound of my voice, you, oh, I can package this
and make it cute. Yeah, you want to get rid
of everything on your credit report. Dispute it. Okay, yes,

(23:49):
that's not a secret. Dispute everything on your credit report.
It's gonna remove everything from your credit report. But within
thirty days, what's gonna happen. It's gonna all pop back up.
So you're needs people to do one thing, dispute everything
on your credit. Why are you paying somebody one thousand
dollars to do what you can do yourself?

Speaker 8 (24:07):
People are taking that.

Speaker 9 (24:08):
Yes, what they are paying them one thousand dollars for
them to do?

Speaker 10 (24:14):
Free serve, free service, you can do yourself.

Speaker 9 (24:18):
Oh there's an okay one No, I'm tucky today, I'm
talking about it. There is an app. You know, it's
an app. Okay, you don't want to use your social media,
so there's an app. You pay them forty nine dollars
a month so that you can use your Instagram and
Facebook on during certain times. So what they do is

(24:39):
if you don't have your own discipline, you know, if
you're not disciplined enough to stay off of social media,
which I'm on social media now. But if you don't
have your own discipline, then you pay them fifty dollars
a month and then they give you access on your
phone to your app during certain times and you can't
break it.

Speaker 3 (24:54):
So it's to make you more discipline.

Speaker 9 (24:57):
But you got to pay them be be disciplined.

Speaker 3 (25:01):
Okay.

Speaker 9 (25:02):
So when I see that on y'all on your financial reports,
I'm like, that's the bill, we can say bully.

Speaker 3 (25:10):
So then you go and you pay these people.

Speaker 9 (25:13):
One thousand dollars for them to dispute everything on your
credit report.

Speaker 3 (25:19):
You can do that for free.

Speaker 9 (25:20):
You go online to experience the Equifax TransUnion and you
just dispute everything that you let me just say it'll
be removed, but it's gonna pop back up.

Speaker 11 (25:30):
Yes, I've heard, and this is why you really need
to get the credit counseling from the real experts. And
it's a free service, right because I heard disputing everything
on your credit file can also come back to haunt
you like it is.

Speaker 10 (25:48):
It is not all you know.

Speaker 11 (25:50):
They can see that and as many times as you
dispute it and they come back and reconfirm the debt
that doesn't look, you know, as favorable for you.

Speaker 10 (26:01):
Now, I'm not the credit expert.

Speaker 11 (26:03):
That's why I say, why trust that and not go
to the experts.

Speaker 9 (26:08):
But I am your favorite bankruptcy attorney. So since i'm yourself, oh,
I says, thank you, Angela Edwards, Sorry about that. Since
I am your subject matter expert and your subject matter
favorite bankruptcy attorney, that's the reason why I'm saying foul
bankruptcy The reason why is because you're calling these companies

(26:31):
and you're having them tell you that what you need
to do is simply dispute everything and then everything pops
back up. So then now, then now it's a situation
in which you are in a position where you still
have the debt and the bills are coming in.

Speaker 3 (26:49):
So then as a result of that, then what do
you do?

Speaker 9 (26:52):
Fiul bankruptcy, stop playing games with bankruptcy. Simply fil the bankruptcy,
get rid of all your debt. Call Lester Watt over
at Operation Hope and he will rebuild your or give
you the step.

Speaker 3 (27:07):
How does he?

Speaker 12 (27:07):
Oh?

Speaker 11 (27:08):
He you know I have and you know I've been
pretty transparent on this show. I have personally, I have
personally gone through that program at Operation Hope after my divorce.
I just wanted to make sure that my credit was
strong and the process was like this, and you have

(27:30):
to be vulnerable and allow it to occur. First, you
got to start with a budget. You know, if you
don't have a budget and you don't know what you
have coming in and going out, realistically, how are you
ever going to fix the problem?

Speaker 3 (27:44):
All Right, So Monika's were playing.

Speaker 9 (27:46):
Good Cop, Bad Cops, so when she's talking about because
I am not the good cop, so when she's talking
about this budget, she about to be all nice. You know,
Monica nicey. So when she's talking to you about this budget,
I want you to include the things that you are
not honest about. What I'm talking about is you going
to the casino. What I'm talking about is your drug habit.

Speaker 3 (28:05):
Listen, I only smoke weed on the weekend. Stop lying.

Speaker 9 (28:08):
You smoke weed every day five hundred dollars a month.
You wondering why you can no longer afford to have
your child in ballet, but yet you smoking that blunt
every single day. Talking about this is what helps you. Okay,
I'm sorry, I'm off my soap box, she said, due
to budget. I'm just saying, including the budget any of
your habits that you're not truthful about, because that has

(28:28):
to be baked in to be able to properly say
what you can pay.

Speaker 3 (28:31):
Now, let's go back to the nice person.

Speaker 11 (28:33):
So one of the things that they help you with
the budget at Operation Hope.

Speaker 10 (28:40):
You're not allowed to deny it because.

Speaker 11 (28:43):
What you do is we get all of your bank
statements for the last three months and we can literally
see where your money is going, and we can put
it in buckets. And based on where your money is going,
we can look at how to budget now what you
can get rid of and then here sometimes you're gonna

(29:05):
have like emergencies come up. But one of the things
that we learned through that budget process is that any
item that comes up, you know, two three times, go
ahead and put it in your budget, right because now
that has become an expense, in the likelihood that that
item is going to come up again is probably all

(29:29):
right probable.

Speaker 9 (29:29):
So when you have a budget, you set the budget.
Monique said that you go. So what we're talking about
is when it's time to file bankruptcy. Okay, and let's
be real with ourselves and not play games and call
these companies that simply charge you to remove everything from
the credit report. Monique is saying that that looks negatively
on your credit report because the creditors know that you

(29:49):
have done that multiple times and it has popped back
right back up. So I'm saying, just file the bankruptcy,
get rid of the debt, and then start fresh. Call
less to wah, He's gonna teach you. You teach you
about how to prepare a budget. The things that you
consider I'm already fussing, so you already know include that
stuff that you don't want to talk about, but it has.

Speaker 3 (30:08):
To go in there.

Speaker 9 (30:09):
Only you know that you give your mom one hundred
and fifty dollars every month. Only you know that you
really got a TJ Max problem, because Lord knows I
have a traveling problem.

Speaker 3 (30:17):
I have no problem with being honest about it.

Speaker 8 (30:20):
Budget.

Speaker 3 (30:21):
Yeah, I just a budget for it. So then you
got a budget.

Speaker 9 (30:24):
And then aside from that, once you filed, once you
filed a bankruptcy, you get rid of all your dad.

Speaker 3 (30:28):
This is the next thing I'm about to fuss about.
Don't come back.

Speaker 10 (30:33):
Well, that's why you have to budget.

Speaker 9 (30:36):
Don't come back compete to repeat the same thing. So
what happens is you go, you met a man, and
so then what you wanted to do. You met a man,
and it's like, oh, okay, so maybe if I get
this apartment in this zip code, then that's gonna make me.

Speaker 3 (30:49):
Look a certain kind of way. It is like real talk.

Speaker 9 (30:51):
And then you go and you get that apartment trying
to impress somebody, and nobody was impressed.

Speaker 3 (30:55):
Then you go and you get a two seater card.
This is real life.

Speaker 9 (30:58):
And knowing you have four keys, it's knowing you have
four kids because it's an image. Then after that, you're
going to buy a new outfit for everything that you
go to when you're going out, you wanna TikTok got
me to y'all.

Speaker 3 (31:09):
Look, let me tell you.

Speaker 9 (31:10):
So I got the whole outfit from ten, I got
the Ouzi pans, so I get it. So then you
go and you buy all these clothes. Then you're gonna
impress people. You're gonna get all these new friends. And
none of that works either. And then so then you
come back and listen, times are hard. I'm not talking
to my brothers and sisters who have a job and
then they fall back on hard times and then they
got to come back.

Speaker 3 (31:29):
That's not what I'm talking about.

Speaker 9 (31:30):
I'm talking about let's go call less or find out
how to do our budget and start fresh.

Speaker 11 (31:36):
And it starts with learning to make different decisions. And
some of it is education and so part of what
doing that budget and credit counseling is going to do,
and they're gonna guide you on those things that can
strategically lift your credit. Like one of the things that
a lot of people don't know is that credit card

(31:58):
debt is killing them. Think, well, I pay my credit
card bill every month on time. Why do I have
a five hundred credit score? Because all of your credit
cards are maxed out. The only way that that revolving
debt looks positively is if you can keep that balance

(32:19):
under thirty percent.

Speaker 10 (32:20):
How many of us even know that?

Speaker 9 (32:22):
All right, So here's my interpretation. At the end of
the day, why are you putting it on credit card
if you can't afford it? We need to adjust our lifestyles.
This is something I was talking to Monique about. You
need to look to see what is the base minimum
of what it takes for you to survive, and then
that is your goal. And to be honest with you,
some of y'all not working full time. You're a forty
year old woman with four kids talking about you working

(32:44):
part time and you'll figure it out. How you figuring
it out working twenty five hours a week, I don't know.
You have too many children and too many bills be
working full part time. And then you've got your mom
and daddy. They're sit up there rubbing your back. No,
I'm not rubbing your back today, you need to increase
your hour to at least forty hours like any other
adult in America. In some countries people work six I've

(33:05):
worked six days a week anyway. No, all the time sometimes,
but for the most part, I'm not asking you to
do that. But for the most part, you need to
be working five days a week full time. If you're
an African American in this city, how else are you
gonna survive. So I understand doing a budget and all that,
but some of y'all not working enough hours. So when
I'm trying to encourage everybody file the bankruptcy, become debt free,

(33:25):
call lesser watt operation Hope, get your budget together and
start fresh. Forget all of this Chapter thirteen wage earner.
You know what, since we're doing this, I'm gonna talk
to the attorneys out there. You attorneys who are out
there not telling black people about Chapter seven bankruptcy.

Speaker 3 (33:41):
You're wrong.

Speaker 10 (33:42):
I really want you to talk about the Chapter seven
to Ursula, I.

Speaker 3 (33:46):
Think I should. Don't you think bad?

Speaker 8 (33:48):
Yeah, she's up. She's on our soul box day. I
love it. I love it. I love it.

Speaker 2 (33:54):
Well taking this break and also attorney Ursula attorney Monique,
I want to go back one second and from our girl,
Priscilla read when you were talking about, you know, mortgage,
and Priscilla says HUD Certified Housing counselors could help delinquent
homeowners to apply for options with their lender at no charge, not.

Speaker 10 (34:19):
Charging the modification. You have an expert.

Speaker 8 (34:28):
Okay for United Housing.

Speaker 2 (34:29):
Also, she says options such as modification forbearans, repayment plan,
partial or full reinstatement, last resort, short sale dead and luke.

Speaker 8 (34:44):
If all fails.

Speaker 2 (34:46):
Hood counselors may advise delinquent homeowners to seek legal advice,
but unit not HUD Certified Housing Counseling agency.

Speaker 3 (34:58):
Stop getting we can't.

Speaker 10 (35:01):
You know that bothers me.

Speaker 3 (35:03):
That bothers me.

Speaker 10 (35:04):
It bothers me that people.

Speaker 11 (35:05):
Are out here making money off of our community and
the services are out there for free.

Speaker 2 (35:13):
Right Yeah, and you all know Priscilla is on here
United Housing.

Speaker 8 (35:18):
She is a HOOD.

Speaker 3 (35:21):
Thirty five count.

Speaker 9 (35:22):
So you all, if you are having problems with your mortgage,
stop calling these people out here who are charging y'all
one thousand dollars a month to file a modification of forbears.

Speaker 3 (35:33):
You can call United Housing. It's a service that's already there.

Speaker 9 (35:36):
Your government has already alloted funds to be able to
help you work through these situations. If y'all don't call
United Houses and stop calling these crazy shysters. I don't
know if that's the proper word, but people who are
getting taking advantage of you, please and then file the bankruptcy,
get rid of the debt, move forward in peace, rebuild
your credit with less and watt over there Operation Hope.

Speaker 10 (35:56):
But we got to come back and talk about seven.

Speaker 8 (35:58):
Okay, we went. We will as we we will.

Speaker 2 (36:03):
But the attorneys all today, I love it.

Speaker 8 (36:06):
I love it.

Speaker 2 (36:07):
If you have a question or two for them, we
do invite you to call nine zero one 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 will get you in to us. We're
going to the other side of the BEV Johnson Show

(36:29):
right here on doub d Ia.

Speaker 13 (36:33):
Whether you're in Arkansas, Tennessee, or Mississippi. On Facebook, Twitter,
or Instagram, thank you for listening to the Bev Johnson
Show on doub d Ia Memphis.

Speaker 5 (36:44):
BEV Show. Even this be justn't show.

Speaker 3 (37:28):
Bell talking time with this talking and home away.

Speaker 2 (37:34):
Help you go, you go, Son't getting ready, It's time
just say show.

Speaker 5 (37:44):
Jo, let's go bell justn't.

Speaker 9 (37:46):
We'll make your day by here.

Speaker 8 (37:51):
WD, I.

Speaker 5 (37:55):
Listen to want to say, you know, it's talk about just.

Speaker 8 (38:04):
Let's go.

Speaker 2 (38:05):
We are rocking and rolling on this Tuesday, October twenty eighth,
twenty twenty five. Enjoy this fabulous day to day. We
are asking the experts. Yeah, the experts, Attorney Ursula Woods,
Attorney Monika Johnson are here.

Speaker 8 (38:21):
Boy, they on the soapbox.

Speaker 6 (38:22):
I like this is an all day soapbox day y'all
working it. Welcome back, Welcome back, Attorney Ursula, Attorney Monika, Yes, ma'am.

Speaker 8 (38:34):
Where we leave off.

Speaker 9 (38:36):
So we left off China about seven, and then we're
gonna get into we're gonna get off of bankruptcy. After
that's gonna be my last soapbox about chapter seven. Then
we're gonna go back to the basics concerning wheels in
the state. Yes, I'm gonna do a little fussing about that,
and then I'm gonna turn it over to Mo to
talk about the difference between wheels and the trust. I
like it all right, So Monika wants me to talk

(38:58):
about chapter seven. So I'm trying to tell people that
now is the time for you to file bankruptcy so
that you can start over fresh. Stop playing the goofy games,
paying these people one thousand dollars a month to clear
your credit and when nothing is being cleared. What happened
was you bought the car, the car got repossessed, You
took that car, rolled that money into the next card
that you had, and then once you did that, everything

(39:18):
caught up with you. You could no longer get a
car at a good interest rate. You then had to
go and get a higher interest rate credit card, which
then made that you had to get a cheaper apartment.
Everything else had to go down, and you've been in
this horrible spiral trying to figure out how to get out.
Get out by filing bankruptcy. The government has already set
it aside. Your president has done it many a times.
Y'all been following him so far, following him to the

(39:39):
bankruptcy cord too. So then you file bankruptcy, become debt free,
and start over. Called less to Wide or either some
other operation hope or some company that can teach you
how to properly budget, how to get all of your
finances in order and then you just start over. So
how can you do that? Chapter seven bankruptcy? So what
is chapter seven bankruptcy? Chapter seven in bankruptcy is what

(40:01):
we call as a straight bankruptcy. It's where you take
all of your debt, no payment plans. You can keep
your house, you can keep your car, you can keep
your investment property, you can keep whatever you desire, and
you get rid of all your other debt.

Speaker 3 (40:14):
How do you do it?

Speaker 9 (40:15):
Call me at nine zero one five four one help
five four one four three five seven is our telephone number,
and then that way we can start the process of
you becoming debt free.

Speaker 3 (40:27):
Who are you gonna meet with me?

Speaker 9 (40:29):
Because in this season right now, I'm not letting my
paralegals do it. I am going into these closing rooms.
And that's one of the reason why I've been on
the soapbox all day.

Speaker 3 (40:37):
If you've been listening, is.

Speaker 9 (40:38):
Because I'm hearing directly from the people, and I won't
time out. And to my sisters and my brothers out
here that's working part time, you need to get a
full time job. It is twenty twenty five. We're headed
into twenty twenty six times tight and you may need
to work more hours. If you can't work more hours
and you're gonna have to cut back your expenses. I
know it doesn't feel good, or we can file bankruptcy.

Speaker 3 (41:00):
Now I'm gonna stop fussing.

Speaker 11 (41:01):
Well, I want to say one thing about the Chapter
seven before you move on, because there is a way
that you actually qualify for the straight liquidation for Chapter seven.
And it may be optimal season for some people to
file because there are a lot of individuals that are

(41:21):
losing their jobs and so if you have become recently unemployed.
The way that they look at this means test to
see if you can liquidate all of your debt is
you know, they look over a six month period, Isn't
that right, Arsena? So I think that you should say

(41:43):
that because we have some federal workers who have been furloughed,
some that have been terminated completely and where their income
you know, may not have qualified. They may qualify now
because if you average six months, you know they meet
that threshold.

Speaker 3 (42:01):
Absolutely.

Speaker 9 (42:03):
That is a great point to make in that at
this time, I didn't even think, first off, thank you,
because if that didn't just open up a whole portal.
I appreciate that so because she makes a good point.
Right now, everyone is furloughed unemployed, and so your finances
are not going to reflect the higher wage. So this
may be the window of opportunity for you to become

(42:24):
dead free. So chapter seven is the way to go.
And my last point about that until we get calls
is when it comes to chapter seven bankruptcy, a lot
of attorneys don't want to tell you about it, okay,
and that breaks my heart because then they are being
as our people are being taken advantage of. They're putting
you into these chapter thirteen wagourners. Some people have to

(42:44):
be in it for various reasons, but you at least
need the option. Can I qualify for a Chapter seven?
Why can't I go for the you know, for the goal.
I want the platinum level, you know what I mean?
It's different levels.

Speaker 11 (42:57):
That means when we say straight liquidation, I ho everyone
understands that means we're not paying that debt back.

Speaker 3 (43:04):
Back, right you OLDE hundred no longer and.

Speaker 11 (43:08):
I'm paying you know, fifty percent of it back or
thirty percent. I'm not paying that debt back, that's.

Speaker 3 (43:15):
Right, foul. The bankruptcy. That's right, all right now, now
were switching gears? All right, before you.

Speaker 2 (43:22):
Switch gears, Can I go to the phone line, absolutely,
go to the phone line before you switch your gear.

Speaker 8 (43:28):
Talking about it?

Speaker 3 (43:28):
Yeah, I will, I love it?

Speaker 8 (43:30):
Yes, Okay, sounds good. W D I a hi caller.

Speaker 1 (43:35):
I am the most aerudite, mind brilliant thinker in political
philos for good afternoon.

Speaker 8 (43:41):
Good afternoon conservative.

Speaker 1 (43:45):
You know you'll phone I'm sitting here listening to you.

Speaker 12 (43:48):
All.

Speaker 1 (43:49):
Your phone line should be jumping at your office, especially
especially in white Haven and and these other areas. Hick
with here because I know somebody over there need a home,
somebody needs some kind of finance and some kind of help.
Because in white Haven you got about fifty four percent

(44:12):
of them over they're renting, renting property, renting the house,
and and and and out there in Bartlett, are you
know you got to you got about eighteen percent in
the other area. A black conservative defaults should be jumping.

Speaker 8 (44:29):
Black conservative.

Speaker 2 (44:30):
Let me say this, they're not talking about having buying
a home or getting a home. That's when I have
United Housing on. They are getting people giving you a
bad Yeah, that's about bankruptcy. We're talking getting ready to
talk about trusting wills. We've talked, talked about getting you

(44:54):
a budget, getting your credit together. So I want you
to listen carefully.

Speaker 6 (45:00):
Well, I don't qualify for none because well, because you're
a brial thinker and aerdite mind.

Speaker 8 (45:06):
You you listen, I hold you listen carefully.

Speaker 1 (45:10):
Well, let me tell you something. I have an aerdite mind.
I'm man a much book learning. I caught into the
show the in form folk. Listen when I go get something.
I went down there and bought a brand new vehicok
And I told them, folks, I'm not saying when I
come down there to buy my car. If I be
in there a good fifteen minutes, I'm turning around.

Speaker 12 (45:27):
And leaving you.

Speaker 8 (45:29):
What did they say?

Speaker 1 (45:29):
Both had my keys ready for me when I got there?

Speaker 8 (45:32):
Okay, thank you. Conservative.

Speaker 2 (45:35):
Next time, listen, he has an aerdite mind, brilliant thinker,
political scholar. Okay, well, now he needs to learn how
to listen.

Speaker 8 (45:46):
I teach people how to do that, Black Conservative.

Speaker 9 (45:50):
And if you want to keep the conversation going around
books going after all nine zero one five for one
help five for one four three five sevens Now we're
about to talk to our families and how we need
to talk to our moms and dads about wheels and trusts.
But before I started discussing why y'all need to do that,
we're gonna let Attorney Johnson present to us.

Speaker 4 (46:12):
What is well.

Speaker 2 (46:14):
Because of Attorney Anita, I get so many calls and
people asking what's the difference. They still don't get the
difference between a whel and a trust.

Speaker 8 (46:24):
Okay, okay.

Speaker 11 (46:25):
So the way that I would like for your audience
to look at it, because.

Speaker 10 (46:31):
There are three levels.

Speaker 3 (46:33):
There are three tiers.

Speaker 11 (46:34):
Okay, okay, if we're talking about a vehicle, we may
be talking about, you know, a hooptie.

Speaker 10 (46:44):
You know, a barely running car that you know falls apart.

Speaker 11 (46:49):
You know it may make it, but it may not
make it to the destination. Okay, that's that level.

Speaker 8 (46:55):
Okay.

Speaker 11 (46:56):
The next level would be, I have me a Toyota.
It's a reliable car.

Speaker 10 (47:03):
I can depend on it.

Speaker 11 (47:05):
I'm doing better than the hooptie, right, And then that
third level is whoo.

Speaker 10 (47:11):
I got me a luxury car with a sun roof and.

Speaker 11 (47:16):
Electric I mean, you know, now charge, I can charge
my phone, I have all the you know, I have
heated seats. That's level three, okay. And so if you
start to think about it like that level one, that
hooptie is not having a will or a trust. That's
not having anything in place.

Speaker 8 (47:37):
Okay.

Speaker 11 (47:38):
We call that intestate, and you just leave it up
to chance. When you don't have things in place. It
may work for you, it may, but it may not
make it to your destination either, okay. And then that
next level, you have a will. I've done a little
bit of planning. I'm not leaving it up to chance.

(48:01):
So that's a lot better than the HOOTI I was driving.
But is it the Cadillac or the Mercedes?

Speaker 10 (48:09):
Not yet?

Speaker 3 (48:10):
Okay.

Speaker 11 (48:11):
And so what a will is is a written document
that you draft while you're living. You sign it, and
you have decided how you want your assets to pass
when you pass away. Now, by virtue of signing a will,

(48:32):
that means I don't want to do what state law
necessarily says, but I have my own ideas of how
I want to leave my assets. And so before the state,
whatever state you live in, would allow you to do that,
they want to authenticate that document that your loved ones

(48:52):
are saying, no, don't listen to don't listen to your laws,
to listen.

Speaker 10 (48:57):
To my loved one. Well, they have to authenticate it.
That's the probate process.

Speaker 3 (49:02):
Okay.

Speaker 11 (49:03):
So by virtue of having a last will and testament,
you are guaranteeing that you're going to go through an
authentication process, a probate process. And so when you have
a will, there's going to be some level of court
oversight in order to determine, you know, in order to

(49:24):
ensure that the wishes of the decedent are adhere to. Okay,
a trust, that catalect that we're talking about, avoids probate.
You don't have to go through a probate process. It's
not open to the public right whenever you go to court.

(49:49):
That's a public process. It's open to you know, public view.
Not so much a trust. If you want to keep
things private, you'll put it in a trust. In addition
to that, there are some credit protections, some tax shelters
when you place the property in a trust. And so

(50:13):
the primary difference is a will is a written instrument
that we probate after you pass away. A trust is
a living entity that you immediately create. You put your
assets in the trust, and then instead of the court
having to have oversight. You name the individuals who are

(50:36):
going to be your successor trustees, and instead of there
being a court administration to probate, there will be a
trust administration where your trustee, your successor trustee, can just
come in and sign over a deed for instance. And
I'm off my soapbox.

Speaker 8 (50:55):
Okay.

Speaker 11 (50:56):
When my dad passed away in twenty one, I was
the trustee over his trust. He had placed his home
in the trust, so rather than me having to go
to PROBA court in California in order for his wishes
to be adhered to, I was able to just simply

(51:20):
sign a contract to sell the house as the trust.
As the successor trustee, I was able to sell the
house as the successor trustee. I was able to write
checks to all of my siblings as the successor trustee
with no court oversight, no public intervention. And so it
just depends on what you need for your family. I'm

(51:44):
not gonna say some people say, oh, don't get a will,
don't get a will. I just finished a will signing
this morning for a young lady and it was a
perfect instrument for her situation.

Speaker 2 (51:56):
Okay, can you, attorney Monika, have a will and a trust.

Speaker 11 (52:02):
Absolutely absolutely, and I would recommend both. In fact, my packages,
my trust packages include what's called a poor overwhell. We
want the trust to prevail, right right, But I know
that I have some clients that they don't have all
the assets in the trust, and the trustee can only

(52:23):
handle what's in the trust. So if you've left some
things out there in your individual name, like my bank
accounts and all of those things that aren't in the trust, okay,
you would need a will in order and our poor
overwheels in order, you know, to make your trust wishes happen.

(52:46):
Our poor overwheels say that any assets and our individual
name at the time of my death will pour over
into my trust. So yes, you can absolutely have both
with a will. Cut there's your individual assets, the trust
covers the trust assets. Now the goal is to own nothing,

(53:07):
if every If your trust owns everything, then you don't
necessarily need a will. But I don't trust that you're
not going to have something out there in your individual name.

Speaker 8 (53:18):
Gotcha you explained it?

Speaker 3 (53:20):
Well, I got it.

Speaker 10 (53:22):
You got it.

Speaker 3 (53:22):
Yeah, I got it, I got it.

Speaker 8 (53:25):
I love that. Yes, I got that, So that that's good.

Speaker 9 (53:31):
What questions do you think that they would have before
I get on myself get there.

Speaker 8 (53:37):
Yeah, yeah, because people have asked, you know, what, what
is better? A trust or will?

Speaker 2 (53:44):
And like, I have a will, So I'm thinking now
if you explain that, should I now get a trust?

Speaker 10 (53:51):
You may want to just be consultant and look to
see if that's going to be what's best for you.

Speaker 8 (53:56):
Right, possibly, okay, but.

Speaker 3 (53:58):
It's worth of looking into.

Speaker 9 (54:00):
But when you're so, where my soul boxes coming in
is those who won't even consider it, right, those who
hadn't even considered the fact that maybe a will or
a trust is an option, and you're not asking the
question because you're afraid. Time out for being afraid. I
should have called this show time out. Today is a

(54:20):
time out show. It's time out. Life is too crazy? Yes,
all right, I mean, fifty plus year old woman, there
are certain things that I'm not gonna lie to you.
I did not think that I would see again in
my lifetime.

Speaker 3 (54:33):
Oh was I naive?

Speaker 9 (54:35):
I thought that my parents and my forefathers had already
broken the curse of being us being oppressed on that level.

Speaker 3 (54:41):
I'm not delusion, yes.

Speaker 9 (54:43):
Yes, yes, yes, I'm in America. Yes, but I did
not think that we would go this far backwards. I
did know when they said make America great again.

Speaker 3 (54:53):
I did know what that that. I was not saying.

Speaker 9 (54:56):
Yeah, it's very it's very No, it's very obvious when
but it's not. You know, But what happens with people
is you have a cognitive dissonance. Your brain breaks. Let
me go into another soap by Sam today. This is
to when you are in a bad when you're in
a bad relationship.

Speaker 3 (55:12):
Okay. I was telling a friend this on Sunday. As
women and men.

Speaker 9 (55:16):
I'm not just talking to women, because men, you all
allow yourselves to be manipulated by women in a way
that is disgraceful. Okay, and women, you are diabolically in
bad relationships and you have such a cognitive dissonance that
you can't even tell. So if when you have to
negotiate on the front end what you want in a situation,

(55:39):
all right, So what does that look like?

Speaker 3 (55:41):
What that looks like is.

Speaker 9 (55:42):
If you know in your heart of hearts that you like. Okay,
I'm gonnaive you an example. I knew a girl who
wanted to be married. This particular man was already married.
Now he was separated. He was separated from his wife,
and he had been separated for about maybe two years
when they met. But he and I was talking to
her and at this we're like, you're four or five.
And I was like, why are you still dealing with

(56:03):
him and he's still remaining married? And she said, well,
you can't force his hand, right, h girl, you can't
force his hand, but you not forced to stay there,
Get up, get out and get something as the as
the song says.

Speaker 3 (56:19):
So but why can't she see it? Well, the same reason.

Speaker 9 (56:21):
Okay, I know I've been fussing today, but what happens
is the same reason why someone stays in an abuse
physically abusive or verbally abusive relationship, or someone that's cheating
on you.

Speaker 3 (56:31):
You you can disassociate from yourself. So if you what
happens is if you get into an.

Speaker 9 (56:35):
Argument or you hear bad news, you don't hurt as
bad because your body numbs out. Your body protects itself
from the truth of what you're seeing. So even though
you have the black eye, your ear wants to believe
the truth about what he's saying, and your heart does too,
and your mind. You think your mind is smart because
it helps you process information. But your brain's brain is

(56:56):
kind of dumb a little bit because it just wants.

Speaker 3 (56:59):
To feel good.

Speaker 9 (57:00):
And so even if that means putting like lighter cane
over your feelings so that you don't fully feel that pain,
which is one of the reasons why I force myself
to look at facts, like what are the facts of
this situation? People are not getting serious, people are not
getting wheels and to stay planning done because they're afraid
of the come some of it. Sometimes it's finances, I'm

(57:21):
not you know, just a little bit about death, right,
they're afraid to process the emotions of someone passing away,
grow up. One thing is for certain. If you're in
the sound of my voice, you are going to pass away.
Some people say the only thing two things a certain
IRIS and death. No, I know a lot of people
are not paying that IRS, but that death taxes and

(57:43):
death taxes and death. Now death is there. Death is there.

Speaker 3 (57:46):
So then let's go on and you work through the pain.
I don't have any magic for it.

Speaker 9 (57:51):
You can YouTube, you know, how do you talk about
have difficult conversations? But really and truly it's about working
through the pain, keeping moving through the pain, exactly.

Speaker 14 (58:00):
Have to do that.

Speaker 10 (58:01):
Being courageous you do.

Speaker 8 (58:03):
Go to our phone lines, talk to you w D
I a high caller?

Speaker 12 (58:09):
Hey Bill, what are you doing?

Speaker 7 (58:10):
Hey?

Speaker 8 (58:11):
Common man? How are you?

Speaker 12 (58:13):
Hey? I'm doing Finn doing fan? Hello to the attorneys
turn down? Hey, what's going on? What was going on? Hey? Listen,
Attorney Johnson. I was just listening to you talk. I'm
listening to you talk about the trust. Yes, I never
really paid attention to you talking about it, but I
just learned something in the trust. Uh huh? So in

(58:38):
the trust, say it's private. So if you have a trust,
it's obvious you must have a trust.

Speaker 3 (58:44):
See then right, that's correct.

Speaker 12 (58:48):
Okay, And I'm just trying to make sure I understood
you correctly. So okay, let me make you this. In
that trust, I guess you could say it cannot serve
serves like a beneficial area to a degree. But let's
just say a person sends up a trust, whereas if
you don't have a trust or will, did you follow
it into the errors? Right?

Speaker 10 (59:08):
That's right?

Speaker 12 (59:09):
They're uh, that's right. If you said that trust up and.

Speaker 11 (59:14):
They're always air, even if you don't have children, there's
always an air, you know.

Speaker 10 (59:22):
State the state has a chart.

Speaker 11 (59:25):
They've anticipated every possible scenario. Your air may be a
distant cousin.

Speaker 9 (59:31):
I mean so so so if mom passes away and
then she has five kids, me and my my cousin
sent my sister Cynthia and the rest of us. But
Cynthia passed away prior to mom, and Cynthia has five kids,
do that the Cynthia children inherent or is it just
me and my remaining sisters.

Speaker 3 (59:51):
Yes, I'm asking for the people.

Speaker 2 (59:54):
Yes.

Speaker 10 (59:54):
I wasn't.

Speaker 3 (59:55):
Yes, because that's what people are really shocked about.

Speaker 10 (59:59):
That that in their spot for the grandchildren, and they
are in.

Speaker 11 (01:00:06):
Fact, you know, I have a situation in court right
now where the the the party is a legend. This
was my mama's house, and it was your mother's house,
but your mother's i mean your your brother's children also

(01:00:29):
get to inherit.

Speaker 3 (01:00:30):
They're in court about that.

Speaker 10 (01:00:31):
We are in court because that's the law.

Speaker 11 (01:00:35):
You still they inherit the child's share, the brother's portion,
and that child, that daughter does not believe that her
niece and nephew has a right to her mama's.

Speaker 3 (01:00:52):
House, to the point where she is in court and
we are in court.

Speaker 11 (01:00:55):
About that okay, and so yes, again, again that's having
the hooptie, just kind of leaving it up to chance.

Speaker 10 (01:01:05):
Well what would happen?

Speaker 11 (01:01:06):
Because if that's really what mama wanted and she wanted
just her children to inherit.

Speaker 10 (01:01:13):
Right and she could do that, then she should have
had a will to say that.

Speaker 11 (01:01:16):
Otherwise, we have laws that that you know, show who
is next in line to receive that inheritance.

Speaker 8 (01:01:25):
Does that answer question coming?

Speaker 12 (01:01:29):
I didn't get to my question?

Speaker 8 (01:01:30):
Okay, what is your question?

Speaker 12 (01:01:33):
Okay, So in the case that a person has a trust,
like say, there could be errors, but could a trust
alleviate errors?

Speaker 5 (01:01:45):
Oh?

Speaker 11 (01:01:46):
You know, well yes, What we're trying to do is
we're trying to avoid the airship process altogether. We're trying
to avoid what state law says, because again you're leaving
that up to chance. My error could be my distant
father that I've never.

Speaker 10 (01:02:05):
Met, right, you know, so you're leaving it up to chance.

Speaker 11 (01:02:09):
So, yes, a will, and we use different language for it,
just so you'll know. A will, we're gonna designate a beneficiary.
An air is just who who the state says is
your next claw Yeah. By law, when you get to
a will, what we're trying to do is we're trying
to name our beneficiaries and the same with the trust,

(01:02:31):
and you can close that loop.

Speaker 12 (01:02:33):
Okay, okay, So that's the really importance.

Speaker 3 (01:02:36):
Of you and to keep your family from fighting.

Speaker 12 (01:02:39):
Yes, uh huh yeah, okay, okay, so yeah, that was
my question. Because you alleviate airs with the trust.

Speaker 3 (01:02:46):
Yes, yeah, you'll close the loop.

Speaker 9 (01:02:48):
The errors are some of your errors will benefit. But
I understand the point you're taking. But technically speaking, I
just like to keep it clean. You're not eliminating your airs.
Your wishes are being seen all the way through, so
your heirs maybe the ones who inherit, along with friends,
other family.

Speaker 3 (01:03:03):
Members, you know. But it's not excluding everybody. It's just
whoever you want excluded.

Speaker 12 (01:03:09):
Okay, right, good question. Okay, So yeah, that's what I
want to know.

Speaker 8 (01:03:13):
You all right, thank you coming.

Speaker 10 (01:03:15):
You said you learned something today, Yeah, yeah.

Speaker 2 (01:03:19):
Yeah, well right, I love this learning session. I hope
everybody's learning something. We are talking with the attorneys today
as we ask the experts. Attorney Ursula Woods, Attorney Monika
Johnson is here and I am here.

Speaker 8 (01:03:34):
I'm Bev. You're listening to the heart and soul of
Memphis on w d I A.

Speaker 13 (01:03:42):
It's the Queen of Talk, Your Girlfriend and Mine.

Speaker 4 (01:03:46):
Bem Johnson on w d IA.

Speaker 5 (01:03:49):
The BEV j Just Show.

Speaker 13 (01:04:38):
You're listening to the BEV Johnson Show. Here's Bev Johnson
and we're.

Speaker 8 (01:04:43):
Asking the experts.

Speaker 2 (01:04:44):
Attorney Ursula Woods, attorney Monika Johnson. Ladies, I'm going to
the phone line to talk with shantay Hi Chante.

Speaker 7 (01:04:54):
Find how you doing.

Speaker 8 (01:04:55):
I'm doing fine in.

Speaker 12 (01:04:57):
You I'm good good.

Speaker 8 (01:05:00):
What's your question?

Speaker 14 (01:05:02):
Yes, ma'am, I just bought a home about two years ago,
and I want to know I have I have kids,
and I want to know if I.

Speaker 7 (01:05:13):
I'm going to happened to me? How do I leave
my home to my kids without it being taed up
and without it being going through probate court. It's a
lot of people get passed in their home, go through
probate court and it tooks it forever for the error
to get it.

Speaker 10 (01:05:31):
Well, that's a very good question. I have a few
questions for you. Are you married, No, I'm not married, okay.
And are your children minors?

Speaker 12 (01:05:47):
No, they're not minors okay, okay.

Speaker 10 (01:05:49):
And they're all over eighteen.

Speaker 11 (01:05:53):
Yeah, So it is as simple as getting your last
will and testament, drune, making your wishes, wishes and own
And what I know about the probate process in Tennessee
is if you are probating a will just for purposes

(01:06:17):
of transferring title to real estate like your home, like
you're talking about, there's a shortened probate process to do that.
So you know, if someone was, like you said, caught
up and probate, you know, I'm not sure what the
situation was, but if it's just real estate and nothing else,

(01:06:41):
we could probate a will for a muniment of title
that means to transfer title to your children or to
the beneficiaries, and that can happen, you know, in thirty days.

Speaker 12 (01:06:56):
Okay, I don't have to worry about involved anything.

Speaker 9 (01:07:01):
Let me ask her. Can I answer a question right there,
ma'am Jane, this is Attorney Ursula Woods. I have a
question and I don't want to hear your heart on it.
When you say I want to leave my house to
my children so that they don't have to go to probate,
and then you say, well, does that mean that they
don't have to go to probate?

Speaker 3 (01:07:22):
Do you mind sharing with me? What does going to
probate mean to.

Speaker 7 (01:07:27):
You, okay going through the probate court, man to me, okay,
you're leaving you write a wheel out, and uh write
a wheel out for your wheel to go to your kids.
But it's a lot of people that don't know wheel
about and they have to tie it up at the
court and the court uh won't issue the house. It
was somebody somebody I know that went through this and that,

(01:07:48):
and they won't issue the house to the kids because
they're trying to see what he owe on his estate
before they can.

Speaker 12 (01:07:54):
Leave that out.

Speaker 11 (01:07:59):
Well, again, if we're talking about real estate only and
we're only transferring title right and creditors, creditors don't have
you know, external.

Speaker 9 (01:08:14):
She's saying, let me see if I hear you correctly.
You're saying that the attorney won't complete the process because
the family still owes a debt to the attorney.

Speaker 7 (01:08:26):
Again to the house, or debt to.

Speaker 9 (01:08:29):
That if they still owe a mortgage there, Oh okay,
So okay, go on, Attorney Johnson, I apologize.

Speaker 11 (01:08:37):
What generally happens if you receive an inheritance and it's
real estate and it has a mortgage on it, then
you just you still receive your inheritance. You just receive
it pursuing to that mortgage, meaning you would have to
either pay that mortgage off, refinance it, or sell the

(01:09:00):
property and then take just take your proceeds after the
mortgage is paid.

Speaker 9 (01:09:05):
And even if you go through, even if you do
have a will or don't have a will, this is
the case.

Speaker 10 (01:09:12):
Yeah, you're gonna have to pay that mortgage, and and
but and even.

Speaker 9 (01:09:15):
If and if you don't have the money to pay
the monthly mortgage, sell it and then you will inherit
the equity.

Speaker 3 (01:09:21):
This is with or without a will.

Speaker 9 (01:09:24):
And the court will the court I repeat this, and
I want to say it real loud, the court will
transfer to the airs even if there is a mortgage,
even you will just simply take the home subject.

Speaker 3 (01:09:37):
To the mortgage.

Speaker 9 (01:09:39):
All right, So you were saying that one of your
issues is you have to go to court, and then
what and and that's the issue with the probe because
you have to allow the judge. What's the other issues
within court that that are negative or fearful? I just
want to address all of those concerns.

Speaker 14 (01:09:56):
Well, U.

Speaker 7 (01:10:00):
To mean by what, Well, it's a family, no going
through it. I don't want to go through the fight
and no whole ask some question.

Speaker 15 (01:10:05):
Yes, they're saying they can't get the house because they
still is the house is tire on Tobak corner. So
they can't do anything with it because he's time was
all a boy name on the.

Speaker 7 (01:10:21):
House and he wrote a wheel all out.

Speaker 14 (01:10:24):
He wrote a wheel aloud.

Speaker 7 (01:10:24):
But the kids can't do anything with it.

Speaker 3 (01:10:27):
Okay.

Speaker 9 (01:10:27):
So in that particular situation, what they're not sharing with
you is that there is another layer to that. In
order for the court, not attorney Johnson, you go to
court all the time, you want to explain what are
some of the scenarios that occur when a judge holds
up the court process just because that question is going
to come across. So for example, I know that a

(01:10:48):
court will hold up a process is there is an
inner fight. So say for instance, me, Bev and Monique
are sisters, and then Bev was excluded from the wheel
and then now she's objecting because me and Monique are
the one to receiving.

Speaker 3 (01:11:00):
That will hold up the.

Speaker 9 (01:11:01):
Process if the judge is just moving slow for whatever reason,
or we found we had one situation where the husband
ended up adopting a child of his wife right after
he prepared a wille.

Speaker 3 (01:11:16):
I'm gonna make this up.

Speaker 9 (01:11:17):
He prepared the will in two thousand, got married, and
let's say two thousand and five, adopted a child in
two thousand and six.

Speaker 3 (01:11:23):
Yes, that slowed up that probate process. It took three
attorneys to work through that.

Speaker 9 (01:11:29):
But so there are Attorney Johnson, do you know of
situations in which it'll the judge will slow down a
process of probate outside of objections from Airs.

Speaker 11 (01:11:39):
Now, the only thing I can think of is if
she is you know, if there's some sort of partition action,
and again that means that there's a dispute. The first
one that Attorney Woods addressed was when there's a contest
to the wheel, right when some of the heirs don't

(01:11:59):
agree or you know, so there there's that fighting. So
if there's a contest, you know, of course, but in
but in the in the situation that I generally see
it being slowed down is not to transfer the property.
It's because now the property has been transferred to the

(01:12:23):
heirs and the heirs can't agree what to do with it.
That's what I usually see the airs. One one wants
to sell, you know, to to want to keep mama's house.
Somebody want to live in it, and nobody will pay
the taxes. Right, that's when the process is just just

(01:12:45):
halted because now we got to get an appraisal, We're
gonna have to sell the property. The judge is gonna
have to figure out all the percentages in order to
pay people back, you know, what they've paid on the house,
and then just distribute the proceeds.

Speaker 10 (01:13:01):
Things that complicate the process like that could occur whether
you have a will or not. Yeah, whether you have
a will.

Speaker 2 (01:13:11):
So so shan take call Attorney Monika, so you go
in and get you a wheel or talk to her.

Speaker 3 (01:13:18):
Let's just discuss it out further.

Speaker 12 (01:13:21):
Because I don't want to leave.

Speaker 7 (01:13:22):
I don't want to be class.

Speaker 2 (01:13:23):
And then it's right, So you need to go in
and talk to Attorney Monika, and you all give that number.

Speaker 3 (01:13:30):
Out nine zero one five four to one. Help.

Speaker 9 (01:13:33):
Our number is nine zero one five four one four
three five seven. And then that way Attorney Johnson can
explain everybody what your situation. But I really do want
to start diving deeper into when people are trying to
avoid probate as to what does probate mean to them
and then what horror stories have they heard, because there

(01:13:55):
are some that are out there, but there are plenty
that are not.

Speaker 3 (01:13:59):
Number there nine zero one, five four one four three
five seven five four one help.

Speaker 7 (01:14:13):
Okay, okay, Attorney.

Speaker 2 (01:14:17):
Johnson, all right, okay, thank you, Okay, well, bye bye,
going back to our phone lines to talk with Moe Lee.

Speaker 12 (01:14:34):
Good afternoon, the Queen, the Jackson State, and of course
solicitations to the barristers and the solicitors that are in
your presence.

Speaker 10 (01:14:45):
Good afternoon.

Speaker 12 (01:14:50):
I think one of the key issues that you looked
at in terms of the state planning is that we
don't want our property to h cheat to the state
of Tennessee. And so we even if we're at that
point where we have no bloody relatives or anyone in

(01:15:12):
the family that we feel comfortable in leading things to uh,
there are always the charitable possibilities. And that's the kind
of thing that that you all deal with in your
practice in terms of laying out possibilities to your clients.
Key example of the trust in the poor over will

(01:15:35):
is the Michael Jackson, the state and some some very
decent tax planning was was was done in that in
terms of assets of a trust, there are all types
of different items that can be assets of a trust.

(01:15:56):
You got stocks and bonds, bank accounts, real estate, uh,
income producing property, then officiary occupied property, non income producing property.
You've got that separation between urban and rural UH. So
you can have farm property uh property and farms that
that you you cultivate crops, so I being cotton truck vegetables, timber. Also,

(01:16:25):
I managed to trust that the only asset in that
trust was the old Goldsmiths store downtown Wow. So mister
Goldsmith sent me a check every month. It was it
was a triple triple nut lease, and that check covered
taxes and insurance, and it's lasted until you know, the

(01:16:50):
beneficiaries eventually passed on and and that trust terminated. I
also had a trust where one hundred plus acres of
land that eventually were sold to construct the mall of
Methhis Wow. And that and that folks, I had to

(01:17:13):
sign thirty two documents in terms of that sale of
that property. And we sold that property that around eighteen
nineteen thousand dollars per acre, which and then of course
was eventually distributed. And I think that you all from
your your experience can testify to the fact that there

(01:17:38):
really are no simple estates. Anytime someone says, oh, this
is going to be an easy estate, I got news
for you. I've had more trouble with one hundred and
fifty thousand dollars estate than at two hundred and fifty
million dollars. And the two un get in tripted A

(01:18:00):
million dollar state went smoothly, but the one hundred and
fifty thousand dollars a state, it just hung around and
warmed me out. The last thing is, folks, that the
trustee and the executor have froduciary responsibilities. Therefore we would

(01:18:20):
be subject to strict liability. So in twenty seven and
a half years in that job and at least a
thousand documents that I reviewed, the first question that I
would ask myself is what is my exposure institutionally and
personally with respect to this document, Because as the executor

(01:18:46):
or the trustee, you have a primary responsibility to defend
that document as long as that document is drafted and
executed within the laws and the statutes of this say
to Tennessee, I enjoyed listening to y'all hanging there pushing it.
Thanks you know, one of the things I had to

(01:19:08):
deal with was was to get the sisters. You haven't
been with that brother in five years. You're developing your estate.
It's increasing divorce. That need.

Speaker 7 (01:19:25):
You.

Speaker 8 (01:19:26):
You heard Moy say it again, Moly, I love it.

Speaker 12 (01:19:30):
I want you to continue to throve.

Speaker 8 (01:19:33):
Thank you, Moly. They said they love when you come on.

Speaker 3 (01:19:37):
Thank you, Molly, thank you. And to his point, you know,
because today has been like a full soapbox day. You
cannot love. You cannot perform enough for someone to love you.
You know what I mean.

Speaker 9 (01:19:50):
Yes, but if I add his name to the house,
if I put him in the wheel, if I clean
his clothes and cook, if I let him know that
I'm down for him, if I take every hit that
he gives me me an emotion.

Speaker 10 (01:20:00):
That's not love. I'm not a punching bag.

Speaker 8 (01:20:02):
Yeah, that's right.

Speaker 3 (01:20:03):
Hi, Robert, Hi, Robert.

Speaker 16 (01:20:06):
Hello, o Beer, Hi.

Speaker 8 (01:20:09):
You have a question for the attorneys.

Speaker 17 (01:20:12):
Yes, Bell, I'm a little nervous.

Speaker 8 (01:20:16):
Take your time.

Speaker 3 (01:20:17):
Don't be nervous.

Speaker 15 (01:20:21):
Uh.

Speaker 17 (01:20:22):
I've been with this lady of forty years. We together
bought a home. She passed in May. She has two children,
a daughter and a son. Her son is the oldest wife.
But he has a disability problem. So his sister, now

(01:20:48):
is what you say is over here.

Speaker 3 (01:20:52):
Now as she she's what, she's over here, she's over.

Speaker 12 (01:20:58):
Him. I got it.

Speaker 2 (01:21:00):
I got it.

Speaker 12 (01:21:01):
I can't get the word.

Speaker 7 (01:21:04):
Got.

Speaker 12 (01:21:06):
Okay.

Speaker 17 (01:21:07):
Now, when she passed, her daughter and and I we
we went to get the D changed on the house
because she didn't leave no wheel, but she left words
that if anything should happen, the house will go to me.

(01:21:30):
She specified to her daughter and her sister that if
anything should happen, in other words, if she passed, the
house will go to me. Okay, she passed, and her
daughter and I went and got the D went over.

Speaker 12 (01:21:47):
What what?

Speaker 17 (01:21:47):
What's never? The place?

Speaker 3 (01:21:48):
Said Register of deeds.

Speaker 17 (01:21:52):
Yeah, that's it, that's it.

Speaker 12 (01:21:54):
And uh.

Speaker 17 (01:21:56):
So we got to D changed over to mine and
her name. Okay. Now when they changed it over to
us on the D me first and she's second. And
I was wondering she don't want the house. She say
she wants to get rid of it, but I'm saying no,

(01:22:18):
I almost stay in the house. And you know, we
have gotten many, many, many offers, but still I'm turning
them down because I want to stay in the house,
and I was wondering, is there any other member of
anything else? Anybody else might try to sneak in and
take the house from us? Us in anyway?

Speaker 9 (01:22:43):
All right, So let me ask you a couple of questions.
Were you married I didn't hear if you were married?

Speaker 3 (01:22:49):
Or was that just your girlfriend?

Speaker 17 (01:22:51):
Okay, girlfriend?

Speaker 3 (01:22:52):
Okay, all right?

Speaker 9 (01:22:53):
And then when you said that, you all went down
to the Shelby kind of register of DS and you
signed a quick claim D.

Speaker 3 (01:22:59):
Did that put your name on title to the home?

Speaker 17 (01:23:03):
Yes?

Speaker 9 (01:23:03):
Along with well her daughter? Her daughter is the son
on title to the house as well.

Speaker 3 (01:23:11):
No is the brother?

Speaker 17 (01:23:15):
No, well, just just resign, you know, put his name
down with siblings and sisters and brothers.

Speaker 9 (01:23:23):
Yeah, and then all right, and then they attitude to
the house. So you want to know, can someone else
come out? Attorney Johnson?

Speaker 11 (01:23:31):
So what it sounds like has happened because you all
were unmarried, and I'm going to make a few assumptions,
so you have to tell me if I'm making the
correct assumption. Okay, okay, since you all purchased property together
and you were unmarried, but both parties purchased the property together,

(01:23:56):
and we're on the warranty.

Speaker 17 (01:23:57):
D Now we'll we pressure properly together. As far as me,
I'm not on the paperwork nowhere.

Speaker 12 (01:24:10):
Oh this was her property, right, it was her property?

Speaker 3 (01:24:16):
So when so let me ask you this. So when
you all went down to the Shelby County Register of Deeds,
what did you do?

Speaker 17 (01:24:24):
Put me down as a husband?

Speaker 8 (01:24:31):
Okay?

Speaker 10 (01:24:31):
But you but you're but you all were not married, right? Okay, So.

Speaker 11 (01:24:39):
Let me explain to you what it means when you
are married. When you are married, you become an heir
of hers along.

Speaker 10 (01:24:49):
With her children.

Speaker 11 (01:24:50):
Okay, but if your name was never on that property
at all as an owner ever, and she passed, that's
the way without a will, even though she said it
to everyone. Her heirs are her children, right, A boyfriend?

(01:25:14):
That can be contested even just because you wrote husband
and now you're it looks like you're on title with
the children. That is, that can be contested because you
can't show that you were actually a.

Speaker 3 (01:25:29):
Husband, had legal status and standing.

Speaker 9 (01:25:33):
But but here's the here's the real danger. You're asking,
can someone else come back? Does someone else? Are the
children right?

Speaker 12 (01:25:41):
Well?

Speaker 17 (01:25:42):
Anymore?

Speaker 3 (01:25:43):
No, no, not anyone. It's only those who have legal standing.
So we have the next of ken.

Speaker 9 (01:25:49):
This is to everybody that's listening. Your nexic Ican is
your spouse and your children, your biological.

Speaker 3 (01:25:54):
Children are adopted children. That is your Mexican spouse and adopted.
So this is your wish. We got the son and
the daughter. But here's the key.

Speaker 9 (01:26:03):
One of the things that you said was she told you,
and she told everybody this was supposed to be my house,
which is very honorable of her. She had to make
one more step. That's the reason why I was kind
of getting on people today. She has to make one
more step and put that in writing. And then even

(01:26:29):
one of my one of my social media listeners, because
I want to bring this up, one of my social
media listeners is saying, ooh, they need to do a
petition to partition.

Speaker 3 (01:26:38):
No, ma'am, not it. That's not going to help this situation.

Speaker 10 (01:26:41):
He has no legal standing.

Speaker 3 (01:26:43):
Tell them why it turn.

Speaker 11 (01:26:46):
Some of our listeners are recommending what's called a partition action.
Whenever you inherit properly property jointly with someone else and
you all have a disagree, He meant as to you
know whether to sell or hold, as to what to
do with the property. You can then PARTI, you can

(01:27:08):
you can petition the court to divide that property. And
so what would happen is the court would you know,
ultimately require that the property be sold so that, you know,
you can divide everyone's inheritance. We can't recommend that in
your situation because based on what you've you know, told us,

(01:27:33):
it doesn't sound like you have a legal claim or
a legal you know, co owner of the property. So
for instance, the siblings, like you said, one was special
needs and one and then there was one taking care
of the special needs sibling, Well, maybe they want to

(01:27:54):
keep the house so that they'll have somewhere to stay.
But the other brother you know, wants his money out
and he could file a lawsuit to try to partition it.
But unfortunately, without you being a legal heir, that wouldn't
be an avenue for you. So best case scenario is

(01:28:17):
that the children gratuitously include you, you know, but it
would be their choice. They could they could sign a
deed of transfer that adds you on along with them,
you know, if they wanted to do that to honor

(01:28:39):
their mother's wishes.

Speaker 10 (01:28:41):
But they don't have to do anything.

Speaker 2 (01:28:45):
And he already said I turning Monika that the daughter
wants to sell the house.

Speaker 16 (01:28:50):
Yeah right, Robert, right, right, But but then she did
she did include me with the deep we changed to
be from her mother's name into my name and her name.

Speaker 10 (01:29:05):
But you did that, but you did that stating that
you were a husband.

Speaker 9 (01:29:10):
If she wanted to challenge that, sir, then she could
and then you would no longer be on title to
All she would have to do is raise that flag.

Speaker 15 (01:29:21):
You understand.

Speaker 9 (01:29:22):
So what I'm saying is right now, everything is status
quote right, everything is on point, and you're you're you're
the spouse and your ownership because you quote unquote inherited it.
But if that particular daughter wanted to object, then that
would no longer make it a part of your your home.

Speaker 3 (01:29:38):
Do you have any more questions regarding this?

Speaker 12 (01:29:42):
No, no, no, thank you, thank you, thank you.

Speaker 9 (01:29:44):
I want to talk about the email whenever you're ready,
because that's think this is a perfect time.

Speaker 8 (01:29:48):
Okay, thank you, Robert.

Speaker 3 (01:29:50):
Keep listening, Robert, keep listening.

Speaker 9 (01:29:53):
Okay, yeah, we get that, because we're about to address
another side to this discussion.

Speaker 8 (01:29:58):
Okay, thank you, Robert, you did well.

Speaker 16 (01:30:01):
Thank you.

Speaker 8 (01:30:02):
You welcome, Bye bye, go on, attorney or.

Speaker 9 (01:30:04):
So so we can get this I like when you
read it because it's because you have a radio voice.

Speaker 3 (01:30:09):
You have a radio voice.

Speaker 8 (01:30:11):
You read it.

Speaker 2 (01:30:11):
Okay, you want me to read it? Okay, says good morning,
miss Johnson. I love your show. I have a question
for the attorneys. My family owns one hundred acres of
property in Mississippi. One siblings out of seven has claimed
ownership of all the property, leaving his siblings without a
share of the property. The sibling completed a quick claim

(01:30:34):
deed saying that his parents turned all the property.

Speaker 8 (01:30:37):
Over to him.

Speaker 2 (01:30:38):
Now three siblings are deceased and their children want to
share the property.

Speaker 8 (01:30:43):
Question.

Speaker 2 (01:30:44):
Since this quick claim deed executed over fifteen years ago,
it is too late to get this case in the probate.
So the property be distributed equally. Do we need to
find an attorney in Mississippi to further address the issue
or can we get assistance from Tennessee attorneys as well?

Speaker 8 (01:31:05):
Thank you for your health, Mallorie.

Speaker 9 (01:31:08):
Want me to go first, all right, so my first
thank you for doing such a great read. All right,
I love bail voice.

Speaker 12 (01:31:15):
Guys.

Speaker 9 (01:31:15):
All right, so I want to address some of the
questions that are inherent within her statement effects, which is
one of the things that the writer said, was the sibling.

Speaker 3 (01:31:25):
These siblings completed a quick.

Speaker 9 (01:31:27):
Claim d which transferred the title into that one sibling
who wanted the property. Right, So you have seven siblings.
One sibling transferred to property. I'm sorry, all of the
siblings transferred the property into the one sibling who took
over the home. Then that house belongs to that sibling,
because all of the other siblings, in their own act

(01:31:50):
and free will signed their home signed that home over
to that one sibling. But if that, but if all
of the siblings did not sign that quick claim deed,
then it is not too late for the heirs of
the surviving siblings who did not transfer title.

Speaker 3 (01:32:08):
Get it.

Speaker 9 (01:32:09):
You have seven siblings. Let's say, for instance, two didn't
sign for whatever reason. Then that then that particular property
for those two people are still in their lineage and
their children's children can inherit attorney justin may have identake.

Speaker 11 (01:32:23):
Yes, I do, because the way that this sentence reads,
the siblings completed the sibling that's the one, the one sibling.
The sibling completed a quick claim deed saying that his
parents turned over all the property to him, and so

(01:32:47):
it implies that the parents didn't say that. And so
if that's the case, is this a fraudulent indeed that
they that he's claiming the parents giving him the property
as opposed to the others. So if it's a fraudulent
ded that's a different kind of conversation.

Speaker 9 (01:33:09):
That's if it's a fraudulent indeed, then the answer is yes,
you can still you can bring this up and you
can contest that particular document. Give Attorney Johnson a call
at nine zero one five for one help. If all
of the siblings did sign title over to that one sibling,
there is nothing more for us to do at this stage.

(01:33:29):
If part of the siblings transferred.

Speaker 3 (01:33:32):
Title to.

Speaker 9 (01:33:35):
The one person who wants the who wanted the land,
and the others did not know, it is not too
late to give Attorney Johnson a call. Call us at
nine zero one five for one help. So the question was,
since the.

Speaker 3 (01:33:48):
Deed was executed over fifteen years ago, is it too late? No,
it is not too late.

Speaker 9 (01:33:53):
Can you use a Tennessee attorney for Mississippi cases? Yes,
we do handle Mississippi and tennis See. But Attorney Johnson
and I are particular about what we handle in other states. So,
for example, I handle real estate in all counties in
Tennessee and Mississippi. I do not handle them in Arkansas.

(01:34:14):
For bankruptcy, I handled Tennessee bankruptcy, but I don't handle
Mississippi bankruptcy. So certain things in Mississippi, Attorney Johnson can
do other things.

Speaker 3 (01:34:23):
We do refer out, But in this situation.

Speaker 11 (01:34:27):
Outside of the Subtle County, there's a great chance that
we're gonna have to find you an attorney in that county.

Speaker 3 (01:34:34):
And what are your Mississippi.

Speaker 11 (01:34:36):
My my thought is, as far as the statute of
limitations is concerned, again, if the deed, if you're alleging
that the parents didn't sign this property to the one child,
then we're alleging some fraud, then you can you.

Speaker 10 (01:34:52):
Can still bring that up.

Speaker 11 (01:34:54):
And if again you're saying that those siblings who inherited
the property turned it all over to that one sibling, then.

Speaker 10 (01:35:02):
He owns the property at this point and he can
do what he will with it.

Speaker 9 (01:35:07):
But if his fraud, give us a call. And that's
and that's for everybody that happens a lot more. I'm
sorry we're wrapping up, but that's right.

Speaker 8 (01:35:13):
You're a victim.

Speaker 3 (01:35:14):
I'm sorry. Look, time has gotten away from me.

Speaker 9 (01:35:16):
If you're a victim of fraud, where your family has
you know it's in your family. Come fully, you can
give Monika a call five four one help nine zero
one five four one seven.

Speaker 2 (01:35:26):
Oh my goodness, you all gave some good information today.
Good soap Op. I'm glad you fussing. We need to
fuss more. Next time you come back, we can to
fuss a little more because I well, I'll tell you
off here. Know what I want y'all to talk about
is fussing. Attorney Ursula Woods, Attorney Monika Johnson.

Speaker 4 (01:35:44):
Thank you all.

Speaker 8 (01:35:45):
You are fabulous today. Thank you, thank you, and look
forward to the next time I have you on w
d i A.

Speaker 2 (01:35:53):
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.

Speaker 8 (01:36:06):
I want to thank you callers.

Speaker 2 (01:36:08):
I want to thank you listeners for joining us this
day on the BEV Johnson Show.

Speaker 8 (01:36:12):
We do, we really do appreciate you.

Speaker 2 (01:36:16):
So until tomorrow, please be safe, keep a cool head, y'all.
Don't let anyone steal your joy until tomorrow. I'm Bev
Johnson and y'all keep the faith.