Episode Transcript
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(00:00):
This is LA where I live,and three LA City Council members were joined
by other officials at a press conferencea couple of weeks ago to propose a
ban on cashless businesses in the city. There are a lot of businesses out
there that are moving to a cashlessbasis. No cash see that all the
(00:25):
time. You either do a debitcard or you do a credit card,
and that's all they want to see. And they are good reasons for it.
You've got security, you don't haveto go to the bank, you
don't have to carry this cash aroundand then have someone deposit money at the
bank, because when you're dealing witha credit card or a debit card is
instantaneous, and so you've got tofind and then of course, you know
(00:51):
the thought of someone knowing that there'sa cash business there and then following that
person to either the ATM or thebank. I mean, there's some real
issue that makes a lot of senseto engage into in a cashless society if
you're a business. Here's the problemis that what do you do with poor
people, even homeless people that don'thave credit cards or debit cards. They
(01:17):
live a cash life, and whatif you don't want to have a credit
card or a debit card. Youjust don't have one because you just want
to use cash. Therefore you areprecluded. And then if you look at
whatever bill we have American currency there, it says this is legal tender.
(01:45):
That means this is real money.And the argument you've got to take it.
Now, there are some exceptions.You can't go in and buy a
forty thousand dollars car with forty thousandsingle dollar bills. Maybe you can,
you know, and bring in Duffelbags full of money, and the dealership
is that, no, no,no, we're not going to do that.
(02:05):
But yeah, I mean they're certainlygoing to take cash. But there
are businesses that say no, thankyou. Well, there's a real,
a real movement out there for cashlessin a cashless society. And you've got
people liberals, for example, LaCity Council is they're proposing a ban on
(02:27):
cash lists. You gotta take cashfor those people, for those businesses that
take only credit cards or debit cards, can't do it anymore. And think
about this, how many businesses yougo in there they say we are not
you can't pay cash. No airlineis going to accept cash anymore when you
buy the booze, I mean,that's all credit card. Now. I've
(02:47):
been to too many of them.So as much as I think it makes
a lot of sense business wise,and I'm usually pro business, I've been
a business person for a very longtime, most of my business has spectacular
failures, I might add, andI understand this, but you know,
poor people, homeless people have aright to buy stuff too. All right,
h let's do some phone calls here, Robert. We'll start with you,
(03:14):
Hi, Robert, all right,Bell, have an any question for
you? Hopefully have a daughter that'ssenior in high school, going to the
public school system here in California.She's was doing her homework in the middle
of the school on a grassy knollarea, looking down at her chromebook,
just doing her business, and allof a sudden, a e bike writer
(03:39):
hit her from foot all the wayto ahead and bike landed on top of
her. Came out with some prettygood lashes on her arm, fr firm
mark up on her face, somescarring obviously, some black and believe.
Okay, so she's had some prettysubstantial injuries. All right, So she
(03:59):
has, So what's your question.We're wondering the school is called and said,
hey, by the way, theschool has no liability. Yeah,
well, let me ask okay,let me let me ask a couple of
questions and we'll dive into that.Was that another student? It was a
student that didn't even own the bike. Okay, bar the bike, So
let me go the other way.What in order to preclude that from happening?
(04:23):
What would you think the school couldhave done reasonably so that your daughter
wouldn't have been injured. I believethe schools negligent in the fact that they
put their even their bicycle wreck inthe middle of the school with a preclusion
of everybody just walk your bike withno supervision on exiting this gate, going
onto the grass, which is fiftyfeet from where my daughter was sitting.
(04:46):
Okay, so do you okay?So let's say this. It should have
been a separate area where the ebike cannot go onto the school grounds itself,
so it has to either and yougo and it's fenced off, and
you get your bike and then yougo someplace. Uh is okay? And
(05:08):
that, by the way, isnot unreasonable? That really is not unreasonable,
Uh to ask that? And ofcourse the school you had the bikes
out. They had the bikes outside, the outside thee okay, and then
they turned them and then they wentthe other way. Yeah, I don't
know. I mean your school.You're suing a governmental entity. Uh.
(05:30):
And you're arguing negligence because this wasreasonably foreseeable. Uh and uh they and
they added safe that it was ina safe situation before and then they moved
it into an unsafe situation where achild could be injured. Again foreseeable,
it's going to happen. Yeah,if it wasn't the school board, I
would argue, Uh, yeah,you go right after them. Now that's
(05:54):
not to say that you don't hirea p I lawyer. I have no
idea legally what kind of responsibility orkind of immunity a school would have.
And when we talk about the injuriesto your kid, lacerations, any broken
bones, any surgery, No,okay, I don't think a lawyer is
going to take it because there justisn't There really isn't enough money in there,
(06:18):
She wasn't paying that, she wasn'thurt badly enough, which I'm assuming
because you're a father, is goodnews for you. If it were my
kids, I'd much rather have reallygood injuries. So money is there,
but you know, we obviously thinkdifferently. You can talk to a PI
lawyer. I think the case ispretty good based on what you say,
(06:41):
but the damages aren't really high endor enough, that's my guess, but
it's worth you know, go tohandle on the law dot com. We
have personal injury lawyers and you'll talkto somebody named Mark who's excellent at this,
and he'll just give you He'll go, yeah, there's something there or
no, there really isn't, andyou'll get a much better, much better
advice that I can give for sure. Now I will tell you when did
(07:04):
this happen. Don't give me adate. How many weeks? Months ago,
two weeks? Oh, then you'refine. You got six months to
actually file acclaim and you're so soit's you're fine. So yeah, go
to go to the website, goto handle on the lot dot com and
ask that question and you'll have amuch much better answer. And I think
I'm right. Hello, Steve,What can I do for you? Yes,
(07:26):
I have my wife and I haveour title, our name on a
title of a house. Onside'm alittle nervous. A title on the house
that we co signed and we helpedput the down payment. But anyway,
things happened, which I shouldn't havedone. I regret it now. Things
happened, and I know when wepass away, they would be able to
(07:46):
keep the total title of the houseto themselves and we don't want Wait wait,
wait, wait, you're making nosense here. Okay, you and
your wife have a house. Itis in your name. Is there anybody
else on title? Yes? I'msorry, I'm sorry, but I'm nervous.
Don't be nervous. Listen, Steve, Steve, don't be nervous just
(08:07):
because there are millions of people outthere listening and really would like for you
to make a complete ass out ofyourself. So don't be nervous. Okay,
uh, okay, who's on title? Family members? Okay? How
many? Okay? You and yourwife and who else? My daughter and
(08:28):
her son in laws? Okay,so there are four people on title?
Correct, Okay, And we helpwith the down payment, We help with
everything. In any way, thingshappen and we don't want them to enjoy
the whole title? So what shouldwe do? Should we do it before?
Like? Okay, you don't wantwho to enjoy the whole title daughter
(08:48):
and son in law, And okay, you don't want it, but they're
already on title and you don't wantthem to enjoy the whole title, Steve.
Four people. Yeah, that becomesa little problematic because one title holder
cannot remove another title holder just becauseyou don't like them anymore, and you
(09:09):
putting the down payment doesn't really matterin terms of title, Steve. So
now there's no way. Yeah,there's no way to take them off.
You can't. They own the propertywith you. No, we don't want
to take them off. We justwant to be able to our part of
it. We wanted to leave tosomebody else. All right, is it?
(09:31):
Let me ask you this. Howis title held tenants in common?
Yes? Okay, you can leaveyour part to someone else because you own
your part separately. You can't touchtheir part. Daughter and son in law
own their part. You can't doanything about that. But you certainly can
(09:56):
take your half or whatever and leaveit to whoever you and you do that,
you do that by way of awill. Should we do it before
say we passed away? Yeah,because it's really hard to write a will
after you're dead. Yeah, becauseyou have to sign them you have to
know what you're doing, and Ihave yet to. And I've been around
(10:18):
for a while. I have nevermet a dead person who was able to
sign a will. Yeah, Ipretty much Yeah, yeah, I would
pretty well do that for sure.Julie Hi, Julyllhead, Yes, ma'am.
Yes. So I have a tenantthat has been behind for two months
(10:41):
and she had replaced the water heateron January and she is now telling us
this. So she wants fourteen hundredfor the water heater. Gat question is
can I tell her that I willbe deducting that fourteen hundred from the two
months she's behind. Yeah, Ithink so, I think so. Yeah,
(11:03):
I don't think that's a problem.Now, did she even give you
a chance to replace the water heater? Did she say my water heater is
out, please fix it? Orshe just did it on her own?
She did it on her own.Yeah, And so she is she asking
for the payment for the water heater. She is she wants her fourteen hundred
(11:24):
dollars back and she's two months behindon the rent, right, that is
correct? Yeah, I think youcan hold off. Yeah, I think
you can hold off because here's whathappens. Let's say she sues you for
fourteen hundred dollars, Well she owesyou money, Well it's all in one
fell swoop. That's all because you'resuing her and an unlawful detainer. So
yeah, yeah, you tell herI'm not paying yet, pay the rent
(11:48):
and then we'll talk about it.Or what she can do is deduct fourteen
hundred dollars in terms of let's sayshe owes you four thousand dollars and she
deducts yeah, so yeah, it'syou can absolutely do that. Let me
tell you a little bit about cyberthieves because that really is unfortunately part of
(12:11):
our lives. These cyber thieves commitsilent crimes and it happens in the dark.
Someone uses your name, your informationonline. You don't even know what's
happening, and you find out whatthe credit card bills shows up with these
charges and cybercrime and identity theft affectall of our lives. We have to
protect ourselves because the odds are thatyou or a family member are going to
(12:33):
get hit with a cybercrime. There'sno way around that. So let me
suggest LifeLock. Protecting your identity onlinecan be is easy with LifeLock, I've
been a customers for over a decade. Twenty four to seven online systems monitor
billions of online transactions looking for evidencethat your information is being used illegally.
(12:54):
In boy, what a job theydo. And then they notify you and
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And I've had them help me severaltimes. Join now save twenty five
percent off your first year. Calleight hundred LifeLock or go to LifeLock dot
(13:18):
com. Use my name handle hndel as your promo code. Twenty five
percent off LifeLock dot com or calleight hundred LifeLock. Ronda, Yes,
ma'am, what can I do foryou? Hey Bill? My ninety year
old parents both have dementia and needto be moved from their home to a
(13:39):
memory care facility. Five years ago, before they were diagnosed, I got
the power of attorney for both theirfinances and medical I went to their bank
and to their brokerage and called theirbrokerage firm to try to access the funds,
and the POA was denied at bothinstitutes. Wow. Okay, I
(14:01):
just wanted Yeah, that's an interestingone. Okay, let's talk about the
mistake you made when they're eighty fiveyears old and did not add you as
a signatory to the accounts. Thisis and by the way, that's not
something that you should know. It'snot something Oh my god, look what
I did wrong. Most people wouldn'tdo it. This is just a lesson
(14:24):
because this is exactly the problem thathappens when banks, particularly financial institutions,
certainly in terms of property transfer,say these powers of attorney. We're not
going to accept them for something likethis. How much money are we talking
about, Ronda, Oh, we'retalking about seven hundred thousand dollars, all
(14:46):
right, and your mom needs sayingyour mom and dad need it, they've
got to yeah, and they're noteligible for any kind of aid because they
have seven hundred dollars in the bankand broken's accounts. Here's what you're probably
going to have to do is youare probably going to have to get a
(15:07):
conservatorship pilling your parents. And what'sthat. You can do it pretty quickly.
You can do it pretty quickly.You probably in order to get them
into a facility. Right now,let me put it this way, how
much money do you have in thebank. Well, I still have we
I am a signatory on another account, on one account that they do have.
(15:31):
Okay, so you've got enough,You've got enough money. Hold on,
let me ask you this. Soyou have enough money in that account
to start okay, and I thinkyou're gonna be okay. How much money
is in that account that you area signatory? How much? Okay,
you're fine. Okay, you're fine, You're fine. So what you're going
to do is take money out ofthat account and pay whatever first part of
(15:58):
your parents facility charges. At thesame time you are going to apply for
a conservatorship. You go to atrust and estate lawyer, and whatever it
costs, you take it out ofthat account. So you're not going to
be out of pocket. And theoreticallyyou could charge for your time, but
you're not going to do that toyour mom and dad. I would,
(16:18):
but you probably won't. Yeah,So what was the point of the POA.
It's theoretically to do exactly this,but a lot of institutions say no,
we're not going to accept it,especially from big amounts of money.
They just don't do it. AndI had the same situation with my mother
(16:41):
for ten thousand dollars I mean justten thousand dollars at a bank that she
had in the account that I hadto take out because it was just sitting
there and they would not honor thePOA and they wouldn't and my mom was
actually my mom was actually lucid andhad signed a POA and would not take
(17:02):
it. And you wouldn't believe thehoops I had to go through. Well,
my father was in the bank infront of the bank staff and management,
and he didn't know where he waswhy he was there. Because here's
the problem. You can't here.But here's the problem. You can't prove
that he wasn't that the POA wasfraudulent back five years ago, that it
(17:26):
was coerced that it was legitimate.Conservatorship is easy pasy. A judge makes
that determination, no one can argueagainst the conservatorship, and then you have
full power to do anything over them. You want to call a trust in
a state lawyer, find out howit takes. How long it takes,
my guess is a couple of weeks. You could even go in on an
emergency basis and probably have it ina matter of a few days, you're
(17:51):
going to have to have a doctorascertained that your folks have dementia. That
you're going to have to do,but no one's going to argue it.
Trust in a state attorney, andthat's by far the easiest way to deal
with this. Matt, Hello,Matt, Welcome Bill. I went to
the dentist's office for hot and coldbeverage pain toothache, and I believe they
(18:14):
put on an unnecessary dental crown becauseI still had the pain afterward, and
the pain didn't go away until theymocks are still and kicked in. I
was wondering if I had either aregular case or maybe even a small claims
case. Hey, you're not goingto a small claims case. You're going
to go nothing with because your medicalopinion as against a dentist. Because if
(18:41):
I'm the judge, I'm going toask you what dental school did you go
to, Matt, and I'd loveto hear it, and how much experience
do you have with people having painunder these circumstances. So that's going to
go no place. No small claimsjudge in the world's going to deal with
you. The problem is is thatat this point, it's your opinion that
(19:02):
malpractice took place. Have you beento another dentist who has said, yeah,
dentist number one screwed up? Nogot it? Yeah, you got
to go there, and is thepain? Has it been resolved? Yeah?
Oh you're done. Yeah you're done. Yeah, you're done. And
(19:23):
now you're gonna argue he put ina crown that was unnecessary, and they'll
be able to get dentists all daylong and say, yeah, I wouldn't
have put in the crown, butyou know a lot of dentists would under
these circumstances. So you're goinge absolutelyno place with that, especially since the
pain has been resolved. David,Hello, David, welcome, Hi Bill,
(19:48):
thanks for having me. Sure I'mreaching out. My father passed away
about two three months ago. Aboutforty years ago. He was working for
Pacific Mahal and opened up a lifeinsurance policy. At that time, he
put his mother and his daughter onthe life insurance. Since then, he's
been happily married to my mother forabout forty years. His mother has passed
(20:10):
away. I've never met his daughter. I'm in my late thirties, so
she wasn't in his life throughout thatforty years of marriage. Upon him passing
away, we're now attempting to claimthe life insurance and we're realizing that he
did not transfer it over it intomy mother's name. Okay, so we
just have a case that we didn'tget that. I'm just wondering if we
have a case too. You can'tget that life insurance Okay. First of
(20:33):
all, it's in his daughter's name. She's a beneficiary, and you're going
to argue that he changed his mindat some point but really didn't do it.
And I think the only way thatyou would be able to get the
benefit of the life insurance policy,even though you are obviously entitled to it
(20:56):
relative to an estranged daughter, isto have him change the beneficiary. Now,
as you said, he's completely dead, correct, correct, Yeah,
very tough to get dead people totransfer beneficiaries. They can do it legally,
(21:17):
but they sort of can't be dead, right, They sort of have
to be alive. So the answeris, no, how much is the
life insurance policy? That's what daughteris strange, daughter is going to get
if she ever finds out about it. Yeah, that's one thing we can
I've never spoke to her. Idon't think they don't have to her anything.
(21:40):
Then you don't have to. Thenwhat's going to end up happening is
it'll go into I don't even knowwhat happens with that. It goes into
an estate, I guess, butyou're not opening up in a state.
I don't know what happens to thatmoney if the daughter never finds out about
it. I mean, eventually itis either paid into some kind of fund
that has been established for circumstances likethat, or the insurance company keeps it.
(22:06):
Now the insurance company is going totry to have to find daughter.
I mean they have to go outand try to find because your position is
that we have no idea where sheis. In other words, you're done
with that policy. Got it?Even if you had a trust, you
know, with our home and thetrust, it depends on whether the trust
(22:26):
was the beneficiary. Trust can bebeneficiaries of policies, but it's not the
daughter is the beneficiary. So Idon't know what happens to the money.
I mean, well, I knowwhat doesn't happen to the money, and
that's it goes to you. That'snot going to happen. But the other
(22:47):
one is you know, I don'tknow where it goes to the state.
At some point they keep it.I have no idea. But you're out
of the picture. I mean,you are so done unless you can get
your dad dad somehow. Maybe youwatch those zombie movies. I don't know.
Mike, you've been there for awhile. Talk to me. What
can I do for you? Yeah? Hi, Bill. I'm paid on
(23:11):
commission for my employment. I shouldsay largely paid based on commission. Commissions
are paid the month after the itemsales. We call it invoice. Due
to the supply chain issues over thepast couple of years, these items take
about six months to a year forthem to actually ship and at which time
(23:33):
they get invoice and at which timeI would get the commission. My employer
says that once I terminate employment,commissions are no longer payable. I that
means I'm going to leave about ahalf a year to a year's worth of
commissions on the table. I woulddisagree with what your lawyer or what which
your employer has said. You've donethe work, you have sold the product,
(24:00):
and they if you had been there, they would have paid. So
my question is, why don't theyjust terminate everybody who has a really good
position across the board, and I'lltell you about it. No, does
that make sense? If I hada business, then I could get away
with it. That's what I woulddo. Bill, It makes a hundred
(24:23):
percent since I don't get it.But no, and you shouldn't, Mike.
You've done the work, You've closedthe sale. Of course they owe
you. How much do they oweyou? Well, I haven't terminated yet.
I do plan to retire within acouple of years. And how much
do they owe you? How muchdo they owe you? I'm going to
(24:44):
say it's fifty to seventy five thousand. Okay, I would shoe them for
fifty to seventy five thousand dollars.First of all, I would You're on
commission. But you're not a tenninety nine employee, are you? Yes?
I all right, So you arenot working for the company where you
(25:07):
are you wanting to take that back? I take that back. I'm ignorant
of what? Okay? All right, So they don't take any taxes out?
Correct? They give you a grosscheck? Am I right? No?
No, they take taxes out.Oh, then you go to the
California you go to the labor boardthat's what that is. Where you're going
to get them, have the statedo the work for you. At this
point, they are in violation.They are in violation. So it's go
(25:32):
to the State of California. Departmentof Industrial Relations is the actual organization,
and they have a wage enforcement divisionthere. That's where you go. Yeah,
they owe you, of course theyof course they owe you the money.
I mean, you've done the workand because of chain probably you know
was supply chain. It's not yourfault. Kurt. Hello, Kurt,
(25:55):
welcome to handle on the law.Hello, let me get off speaker.
I'd be a good idea. Whereare you from, by the way,
curtain, what do you call him? I'm in temple Temple textas buddy,
Okay, sounds like you know yougot that Southern accident, which I always
like. Okay, all right,what can I do for you? I'm
(26:17):
in dire strait here. I needsome of your professional help. I don't
have a computer, and uh,okay. Point being, I did a
reverse mortgage ten years ago, elevenyears ago, and I can't remember if
I borrowed ten thousand or thirty thousand. The house was paid off. I
(26:37):
moved down to take care of mymother. You want to be too,
she passed away, you duda.Now I just got a foreclosure notice and
they're wanting to take my house.No, it doesn't make any sense.
No, No, a reverse mortgageunless the reverse mortgage itself says that it's
(27:00):
only ten years and then it hasto be refined. But I've never heard
of reverse mortgage not going until youdie. The way reverse mortgages work,
and I don't know if there anyrules are different in the state of Texas,
I don't think. So you borrowmoney or you get a monthly amount
of money against the mortgage, andthe interest is accrued by the lender,
(27:26):
who gets all of the money backthat's loaned over the years plus interest.
You should not absolutely not have gottena foreclosure noticed on a reverse mortgage makes
those sense, And I know youknow, Okay, well, no,
you shouldn't have gotten it. Youshould not have gotten it. So what
(27:47):
I would do? I understand,I'm trying to figure out who you go
to to ask the advice. Nowyou say you're a veteran, right,
yes, sir, okay, Iwould go to the VA and find out
and there are organizations pro bono thathelp. There are. I mean,
there are million VA organizations out there, and I know you don't have acts,
(28:10):
and then you need to look themup on a computer. But you
can go to your local library theyhave computers and ask the librarian to help
you on that. Well there's anotherproblem too. I'm basically disabled. I
could maybe walk twenty feet. Okay, well you get that. Where do
you get around? Now? Doyou? Is there a service that takes
you around? Not in Temple Onothing? Oh? Man, Well you
(28:37):
can call the VA. I meanthat's not hard. You know, you
figure out to call the VA.I mean even if you have to call
me, you got a phone number. You called me. So yeah,
I don't know even know where togo at this point. Do you have
any friends that have a computer.Do you know anybody that has a computer?
(29:00):
Ass the street? Good? Sothat's the neighbor across the street,
right, So all right, sothe neighbor across the streets. So let's
say it's thirty feet away. Youcan only walk twenty feet, So you
go walk twenty feet and then youcrawl the next to crawl the rest of
the way. By the way,if I saw a veteran crawling across the
street, I'd want to help.Okay, so that's what you do.
(29:22):
So just go ahead and crawl acrossthe street and ask someone for help,
and looking up the Veterans Administration andgo through that because I'm sure there's an
organization. I'm sure there's somebody outthere, because we now for the first
time, are treating our veterans prettywell. Okay, let me tell you
about pain. If you live inchronic pain or you know someone who does,
(29:45):
let me suggest you listen to thePain Game podcast because it's about living
in with chronic pain and trauma andeverybody knows someone in pain. And the
podcast is half the Prey, whichI love. It's not about one what
I do. It's about shifting yourmindset when your life and your body hurt.
And I've known the host, LindsaySoprano for years and I've seen how
(30:10):
she deals with pain twenty four toseven, and boy does she do it
heroically. Her guests have either liveddealt with have treated those living with pain
and suffering and the trauma. Andevery episode ends with a message of hope,
and you'll understand the show is aboutgetting pain purpose and a new episode
drops every Tuesday morning. Listen onthe iHeartRadio app or wherever you listen to
(30:32):
podcasts, The Pain Game podcast,The Pain Game podcasts. This is handle
on the Law
This is LA where I live,and three LA City Council members were joined
by other officials at a press conferencea couple of weeks ago to propose a
ban on cashless businesses in the city. There are a lot of businesses out
there that are moving to a cashlessbasis. No cash see that all the
(00:25):
time. You either do a debitcard or you do a credit card,
and that's all they want to see. And they are good reasons for it.
You've got security, you don't haveto go to the bank, you
don't have to carry this cash aroundand then have someone deposit money at the
bank, because when you're dealing witha credit card or a debit card is
instantaneous, and so you've got tofind and then of course, you know
(00:51):
the thought of someone knowing that there'sa cash business there and then following that
person to either the ATM or thebank. I mean, there's some real
issue that makes a lot of senseto engage into in a cashless society if
you're a business. Here's the problemis that what do you do with poor
people, even homeless people that don'thave credit cards or debit cards. They
(01:17):
live a cash life, and whatif you don't want to have a credit
card or a debit card. Youjust don't have one because you just want
to use cash. Therefore you areprecluded. And then if you look at
whatever bill we have American currency there, it says this is legal tender.
(01:45):
That means this is real money.And the argument you've got to take it.
Now, there are some exceptions.You can't go in and buy a
forty thousand dollars car with forty thousandsingle dollar bills. Maybe you can,
you know, and bring in Duffelbags full of money, and the dealership
is that, no, no,no, we're not going to do that.
(02:05):
But yeah, I mean they're certainlygoing to take cash. But there
are businesses that say no, thankyou. Well, there's a real,
a real movement out there for cashlessin a cashless society. And you've got
people liberals, for example, LaCity Council is they're proposing a ban on
(02:27):
cash lists. You gotta take cashfor those people, for those businesses that
take only credit cards or debit cards, can't do it anymore. And think
about this, how many businesses yougo in there they say we are not
you can't pay cash. No airlineis going to accept cash anymore when you
buy the booze, I mean,that's all credit card. Now. I've
(02:47):
been to too many of them.So as much as I think it makes
a lot of sense business wise,and I'm usually pro business, I've been
a business person for a very longtime, most of my business has spectacular
failures, I might add, andI understand this, but you know,
poor people, homeless people have aright to buy stuff too. All right,
h let's do some phone calls here, Robert. We'll start with you,
(03:14):
Hi, Robert, all right,Bell, have an any question for
you? Hopefully have a daughter that'ssenior in high school, going to the
public school system here in California.She's was doing her homework in the middle
of the school on a grassy knollarea, looking down at her chromebook,
just doing her business, and allof a sudden, a e bike writer
(03:39):
hit her from foot all the wayto ahead and bike landed on top of
her. Came out with some prettygood lashes on her arm, fr firm
mark up on her face, somescarring obviously, some black and believe.
Okay, so she's had some prettysubstantial injuries. All right, So she
(03:59):
has, So what's your question.We're wondering the school is called and said,
hey, by the way, theschool has no liability. Yeah,
well, let me ask okay,let me let me ask a couple of
questions and we'll dive into that.Was that another student? It was a
student that didn't even own the bike. Okay, bar the bike, So
let me go the other way.What in order to preclude that from happening?
(04:23):
What would you think the school couldhave done reasonably so that your daughter
wouldn't have been injured. I believethe schools negligent in the fact that they
put their even their bicycle wreck inthe middle of the school with a preclusion
of everybody just walk your bike withno supervision on exiting this gate, going
onto the grass, which is fiftyfeet from where my daughter was sitting.
(04:46):
Okay, so do you okay?So let's say this. It should have
been a separate area where the ebike cannot go onto the school grounds itself,
so it has to either and yougo and it's fenced off, and
you get your bike and then yougo someplace. Uh is okay? And
(05:08):
that, by the way, isnot unreasonable? That really is not unreasonable,
Uh to ask that? And ofcourse the school you had the bikes
out. They had the bikes outside, the outside thee okay, and then
they turned them and then they wentthe other way. Yeah, I don't
know. I mean your school.You're suing a governmental entity. Uh.
(05:30):
And you're arguing negligence because this wasreasonably foreseeable. Uh and uh they and
they added safe that it was ina safe situation before and then they moved
it into an unsafe situation where achild could be injured. Again foreseeable,
it's going to happen. Yeah,if it wasn't the school board, I
would argue, Uh, yeah,you go right after them. Now that's
(05:54):
not to say that you don't hirea p I lawyer. I have no
idea legally what kind of responsibility orkind of immunity a school would have.
And when we talk about the injuriesto your kid, lacerations, any broken
bones, any surgery, No,okay, I don't think a lawyer is
going to take it because there justisn't There really isn't enough money in there,
(06:18):
She wasn't paying that, she wasn'thurt badly enough, which I'm assuming
because you're a father, is goodnews for you. If it were my
kids, I'd much rather have reallygood injuries. So money is there,
but you know, we obviously thinkdifferently. You can talk to a PI
lawyer. I think the case ispretty good based on what you say,
(06:41):
but the damages aren't really high endor enough, that's my guess, but
it's worth you know, go tohandle on the law dot com. We
have personal injury lawyers and you'll talkto somebody named Mark who's excellent at this,
and he'll just give you He'll go, yeah, there's something there or
no, there really isn't, andyou'll get a much better, much better
advice that I can give for sure. Now I will tell you when did
(07:04):
this happen. Don't give me adate. How many weeks? Months ago,
two weeks? Oh, then you'refine. You got six months to
actually file acclaim and you're so soit's you're fine. So yeah, go
to go to the website, goto handle on the lot dot com and
ask that question and you'll have amuch much better answer. And I think
I'm right. Hello, Steve,What can I do for you? Yes,
(07:26):
I have my wife and I haveour title, our name on a
title of a house. Onside'm alittle nervous. A title on the house
that we co signed and we helpedput the down payment. But anyway,
things happened, which I shouldn't havedone. I regret it now. Things
happened, and I know when wepass away, they would be able to
(07:46):
keep the total title of the houseto themselves and we don't want Wait wait,
wait, wait, you're making nosense here. Okay, you and
your wife have a house. Itis in your name. Is there anybody
else on title? Yes? I'msorry, I'm sorry, but I'm nervous.
Don't be nervous. Listen, Steve, Steve, don't be nervous just
(08:07):
because there are millions of people outthere listening and really would like for you
to make a complete ass out ofyourself. So don't be nervous. Okay,
uh, okay, who's on title? Family members? Okay? How
many? Okay? You and yourwife and who else? My daughter and
(08:28):
her son in laws? Okay,so there are four people on title?
Correct, Okay, And we helpwith the down payment, We help with
everything. In any way, thingshappen and we don't want them to enjoy
the whole title? So what shouldwe do? Should we do it before?
Like? Okay, you don't wantwho to enjoy the whole title daughter
(08:48):
and son in law, And okay, you don't want it, but they're
already on title and you don't wantthem to enjoy the whole title, Steve.
Four people. Yeah, that becomesa little problematic because one title holder
cannot remove another title holder just becauseyou don't like them anymore, and you
(09:09):
putting the down payment doesn't really matterin terms of title, Steve. So
now there's no way. Yeah,there's no way to take them off.
You can't. They own the propertywith you. No, we don't want
to take them off. We justwant to be able to our part of
it. We wanted to leave tosomebody else. All right, is it?
(09:31):
Let me ask you this. Howis title held tenants in common?
Yes? Okay, you can leaveyour part to someone else because you own
your part separately. You can't touchtheir part. Daughter and son in law
own their part. You can't doanything about that. But you certainly can
(09:56):
take your half or whatever and leaveit to whoever you and you do that,
you do that by way of awill. Should we do it before
say we passed away? Yeah,because it's really hard to write a will
after you're dead. Yeah, becauseyou have to sign them you have to
know what you're doing, and Ihave yet to. And I've been around
(10:18):
for a while. I have nevermet a dead person who was able to
sign a will. Yeah, Ipretty much Yeah, yeah, I would
pretty well do that for sure.Julie Hi, Julyllhead, Yes, ma'am.
Yes. So I have a tenantthat has been behind for two months
(10:41):
and she had replaced the water heateron January and she is now telling us
this. So she wants fourteen hundredfor the water heater. Gat question is
can I tell her that I willbe deducting that fourteen hundred from the two
months she's behind. Yeah, Ithink so, I think so. Yeah,
(11:03):
I don't think that's a problem.Now, did she even give you
a chance to replace the water heater? Did she say my water heater is
out, please fix it? Orshe just did it on her own?
She did it on her own.Yeah, And so she is she asking
for the payment for the water heater. She is she wants her fourteen hundred
(11:24):
dollars back and she's two months behindon the rent, right, that is
correct? Yeah, I think youcan hold off. Yeah, I think
you can hold off because here's whathappens. Let's say she sues you for
fourteen hundred dollars, Well she owesyou money, Well it's all in one
fell swoop. That's all because you'resuing her and an unlawful detainer. So
yeah, yeah, you tell herI'm not paying yet, pay the rent
(11:48):
and then we'll talk about it.Or what she can do is deduct fourteen
hundred dollars in terms of let's sayshe owes you four thousand dollars and she
deducts yeah, so yeah, it'syou can absolutely do that. Let me
tell you a little bit about cyberthieves because that really is unfortunately part of
(12:11):
our lives. These cyber thieves commitsilent crimes and it happens in the dark.
Someone uses your name, your informationonline. You don't even know what's
happening, and you find out whatthe credit card bills shows up with these
charges and cybercrime and identity theft affectall of our lives. We have to
protect ourselves because the odds are thatyou or a family member are going to
(12:33):
get hit with a cybercrime. There'sno way around that. So let me
suggest LifeLock. Protecting your identity onlinecan be is easy with LifeLock, I've
been a customers for over a decade. Twenty four to seven online systems monitor
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(12:54):
In boy, what a job theydo. And then they notify you and
they go there's a problem or isthere a problem? And they immediately assign
a dedicated US best based restoration specialistto help you if there is a problem.
And I've had them help me severaltimes. Join now save twenty five
percent off your first year. Calleight hundred LifeLock or go to LifeLock dot
(13:18):
com. Use my name handle hndel as your promo code. Twenty five
percent off LifeLock dot com or calleight hundred LifeLock. Ronda, Yes,
ma'am, what can I do foryou? Hey Bill? My ninety year
old parents both have dementia and needto be moved from their home to a
(13:39):
memory care facility. Five years ago, before they were diagnosed, I got
the power of attorney for both theirfinances and medical I went to their bank
and to their brokerage and called theirbrokerage firm to try to access the funds,
and the POA was denied at bothinstitutes. Wow. Okay, I
(14:01):
just wanted Yeah, that's an interestingone. Okay, let's talk about the
mistake you made when they're eighty fiveyears old and did not add you as
a signatory to the accounts. Thisis and by the way, that's not
something that you should know. It'snot something Oh my god, look what
I did wrong. Most people wouldn'tdo it. This is just a lesson
(14:24):
because this is exactly the problem thathappens when banks, particularly financial institutions,
certainly in terms of property transfer,say these powers of attorney. We're not
going to accept them for something likethis. How much money are we talking
about, Ronda, Oh, we'retalking about seven hundred thousand dollars, all
(14:46):
right, and your mom needs sayingyour mom and dad need it, they've
got to yeah, and they're noteligible for any kind of aid because they
have seven hundred dollars in the bankand broken's accounts. Here's what you're probably
going to have to do is youare probably going to have to get a
(15:07):
conservatorship pilling your parents. And what'sthat. You can do it pretty quickly.
You can do it pretty quickly.You probably in order to get them
into a facility. Right now,let me put it this way, how
much money do you have in thebank. Well, I still have we
I am a signatory on another account, on one account that they do have.
(15:31):
Okay, so you've got enough,You've got enough money. Hold on,
let me ask you this. Soyou have enough money in that account
to start okay, and I thinkyou're gonna be okay. How much money
is in that account that you area signatory? How much? Okay,
you're fine. Okay, you're fine, You're fine. So what you're going
to do is take money out ofthat account and pay whatever first part of
(15:58):
your parents facility charges. At thesame time you are going to apply for
a conservatorship. You go to atrust and estate lawyer, and whatever it
costs, you take it out ofthat account. So you're not going to
be out of pocket. And theoreticallyyou could charge for your time, but
you're not going to do that toyour mom and dad. I would,
(16:18):
but you probably won't. Yeah,So what was the point of the POA.
It's theoretically to do exactly this,but a lot of institutions say no,
we're not going to accept it,especially from big amounts of money.
They just don't do it. AndI had the same situation with my mother
(16:41):
for ten thousand dollars I mean justten thousand dollars at a bank that she
had in the account that I hadto take out because it was just sitting
there and they would not honor thePOA and they wouldn't and my mom was
actually my mom was actually lucid andhad signed a POA and would not take
(17:02):
it. And you wouldn't believe thehoops I had to go through. Well,
my father was in the bank infront of the bank staff and management,
and he didn't know where he waswhy he was there. Because here's
the problem. You can't here.But here's the problem. You can't prove
that he wasn't that the POA wasfraudulent back five years ago, that it
(17:26):
was coerced that it was legitimate.Conservatorship is easy pasy. A judge makes
that determination, no one can argueagainst the conservatorship, and then you have
full power to do anything over them. You want to call a trust in
a state lawyer, find out howit takes. How long it takes,
my guess is a couple of weeks. You could even go in on an
emergency basis and probably have it ina matter of a few days, you're
(17:51):
going to have to have a doctorascertained that your folks have dementia. That
you're going to have to do,but no one's going to argue it.
Trust in a state attorney, andthat's by far the easiest way to deal
with this. Matt, Hello,Matt, Welcome Bill. I went to
the dentist's office for hot and coldbeverage pain toothache, and I believe they
(18:14):
put on an unnecessary dental crown becauseI still had the pain afterward, and
the pain didn't go away until theymocks are still and kicked in. I
was wondering if I had either aregular case or maybe even a small claims
case. Hey, you're not goingto a small claims case. You're going
to go nothing with because your medicalopinion as against a dentist. Because if
(18:41):
I'm the judge, I'm going toask you what dental school did you go
to, Matt, and I'd loveto hear it, and how much experience
do you have with people having painunder these circumstances. So that's going to
go no place. No small claimsjudge in the world's going to deal with
you. The problem is is thatat this point, it's your opinion that
(19:02):
malpractice took place. Have you beento another dentist who has said, yeah,
dentist number one screwed up? Nogot it? Yeah, you got
to go there, and is thepain? Has it been resolved? Yeah?
Oh you're done. Yeah you're done. Yeah, you're done. And
(19:23):
now you're gonna argue he put ina crown that was unnecessary, and they'll
be able to get dentists all daylong and say, yeah, I wouldn't
have put in the crown, butyou know a lot of dentists would under
these circumstances. So you're goinge absolutelyno place with that, especially since the
pain has been resolved. David,Hello, David, welcome, Hi Bill,
(19:48):
thanks for having me. Sure I'mreaching out. My father passed away
about two three months ago. Aboutforty years ago. He was working for
Pacific Mahal and opened up a lifeinsurance policy. At that time, he
put his mother and his daughter onthe life insurance. Since then, he's
been happily married to my mother forabout forty years. His mother has passed
(20:10):
away. I've never met his daughter. I'm in my late thirties, so
she wasn't in his life throughout thatforty years of marriage. Upon him passing
away, we're now attempting to claimthe life insurance and we're realizing that he
did not transfer it over it intomy mother's name. Okay, so we
just have a case that we didn'tget that. I'm just wondering if we
have a case too. You can'tget that life insurance Okay. First of
(20:33):
all, it's in his daughter's name. She's a beneficiary, and you're going
to argue that he changed his mindat some point but really didn't do it.
And I think the only way thatyou would be able to get the
benefit of the life insurance policy,even though you are obviously entitled to it
(20:56):
relative to an estranged daughter, isto have him change the beneficiary. Now,
as you said, he's completely dead, correct, correct, Yeah,
very tough to get dead people totransfer beneficiaries. They can do it legally,
(21:17):
but they sort of can't be dead, right, They sort of have
to be alive. So the answeris, no, how much is the
life insurance policy? That's what daughteris strange, daughter is going to get
if she ever finds out about it. Yeah, that's one thing we can
I've never spoke to her. Idon't think they don't have to her anything.
(21:40):
Then you don't have to. Thenwhat's going to end up happening is
it'll go into I don't even knowwhat happens with that. It goes into
an estate, I guess, butyou're not opening up in a state.
I don't know what happens to thatmoney if the daughter never finds out about
it. I mean, eventually itis either paid into some kind of fund
that has been established for circumstances likethat, or the insurance company keeps it.
(22:06):
Now the insurance company is going totry to have to find daughter.
I mean they have to go outand try to find because your position is
that we have no idea where sheis. In other words, you're done
with that policy. Got it?Even if you had a trust, you
know, with our home and thetrust, it depends on whether the trust
(22:26):
was the beneficiary. Trust can bebeneficiaries of policies, but it's not the
daughter is the beneficiary. So Idon't know what happens to the money.
I mean, well, I knowwhat doesn't happen to the money, and
that's it goes to you. That'snot going to happen. But the other
(22:47):
one is you know, I don'tknow where it goes to the state.
At some point they keep it.I have no idea. But you're out
of the picture. I mean,you are so done unless you can get
your dad dad somehow. Maybe youwatch those zombie movies. I don't know.
Mike, you've been there for awhile. Talk to me. What
can I do for you? Yeah? Hi, Bill. I'm paid on
(23:11):
commission for my employment. I shouldsay largely paid based on commission. Commissions
are paid the month after the itemsales. We call it invoice. Due
to the supply chain issues over thepast couple of years, these items take
about six months to a year forthem to actually ship and at which time
(23:33):
they get invoice and at which timeI would get the commission. My employer
says that once I terminate employment,commissions are no longer payable. I that
means I'm going to leave about ahalf a year to a year's worth of
commissions on the table. I woulddisagree with what your lawyer or what which
your employer has said. You've donethe work, you have sold the product,
(24:00):
and they if you had been there, they would have paid. So
my question is, why don't theyjust terminate everybody who has a really good
position across the board, and I'lltell you about it. No, does
that make sense? If I hada business, then I could get away
with it. That's what I woulddo. Bill, It makes a hundred
(24:23):
percent since I don't get it.But no, and you shouldn't, Mike.
You've done the work, You've closedthe sale. Of course they owe
you. How much do they oweyou? Well, I haven't terminated yet.
I do plan to retire within acouple of years. And how much
do they owe you? How muchdo they owe you? I'm going to
(24:44):
say it's fifty to seventy five thousand. Okay, I would shoe them for
fifty to seventy five thousand dollars.First of all, I would You're on
commission. But you're not a tenninety nine employee, are you? Yes?
I all right, So you arenot working for the company where you
(25:07):
are you wanting to take that back? I take that back. I'm ignorant
of what? Okay? All right, So they don't take any taxes out?
Correct? They give you a grosscheck? Am I right? No?
No, they take taxes out.Oh, then you go to the
California you go to the labor boardthat's what that is. Where you're going
to get them, have the statedo the work for you. At this
point, they are in violation.They are in violation. So it's go
(25:32):
to the State of California. Departmentof Industrial Relations is the actual organization,
and they have a wage enforcement divisionthere. That's where you go. Yeah,
they owe you, of course theyof course they owe you the money.
I mean, you've done the workand because of chain probably you know
was supply chain. It's not yourfault. Kurt. Hello, Kurt,
(25:55):
welcome to handle on the law.Hello, let me get off speaker.
I'd be a good idea. Whereare you from, by the way,
curtain, what do you call him? I'm in temple Temple textas buddy,
Okay, sounds like you know yougot that Southern accident, which I always
like. Okay, all right,what can I do for you? I'm
(26:17):
in dire strait here. I needsome of your professional help. I don't
have a computer, and uh,okay. Point being, I did a
reverse mortgage ten years ago, elevenyears ago, and I can't remember if
I borrowed ten thousand or thirty thousand. The house was paid off. I
(26:37):
moved down to take care of mymother. You want to be too,
she passed away, you duda.Now I just got a foreclosure notice and
they're wanting to take my house.No, it doesn't make any sense.
No, No, a reverse mortgageunless the reverse mortgage itself says that it's
(27:00):
only ten years and then it hasto be refined. But I've never heard
of reverse mortgage not going until youdie. The way reverse mortgages work,
and I don't know if there anyrules are different in the state of Texas,
I don't think. So you borrowmoney or you get a monthly amount
of money against the mortgage, andthe interest is accrued by the lender,
(27:26):
who gets all of the money backthat's loaned over the years plus interest.
You should not absolutely not have gottena foreclosure noticed on a reverse mortgage makes
those sense, And I know youknow, Okay, well, no,
you shouldn't have gotten it. Youshould not have gotten it. So what
(27:47):
I would do? I understand,I'm trying to figure out who you go
to to ask the advice. Nowyou say you're a veteran, right,
yes, sir, okay, Iwould go to the VA and find out
and there are organizations pro bono thathelp. There are. I mean,
there are million VA organizations out there, and I know you don't have acts,
(28:10):
and then you need to look themup on a computer. But you
can go to your local library theyhave computers and ask the librarian to help
you on that. Well there's anotherproblem too. I'm basically disabled. I
could maybe walk twenty feet. Okay, well you get that. Where do
you get around? Now? Doyou? Is there a service that takes
you around? Not in Temple Onothing? Oh? Man, Well you
(28:37):
can call the VA. I meanthat's not hard. You know, you
figure out to call the VA.I mean even if you have to call
me, you got a phone number. You called me. So yeah,
I don't know even know where togo at this point. Do you have
any friends that have a computer.Do you know anybody that has a computer?
(29:00):
Ass the street? Good? Sothat's the neighbor across the street,
right, So all right, sothe neighbor across the streets. So let's
say it's thirty feet away. Youcan only walk twenty feet, So you
go walk twenty feet and then youcrawl the next to crawl the rest of
the way. By the way,if I saw a veteran crawling across the
street, I'd want to help.Okay, so that's what you do.
(29:22):
So just go ahead and crawl acrossthe street and ask someone for help,
and looking up the Veterans Administration andgo through that because I'm sure there's an
organization. I'm sure there's somebody outthere, because we now for the first
time, are treating our veterans prettywell. Okay, let me tell you
about pain. If you live inchronic pain or you know someone who does,
(29:45):
let me suggest you listen to thePain Game podcast because it's about living
in with chronic pain and trauma andeverybody knows someone in pain. And the
podcast is half the Prey, whichI love. It's not about one what
I do. It's about shifting yourmindset when your life and your body hurt.
And I've known the host, LindsaySoprano for years and I've seen how
(30:10):
she deals with pain twenty four toseven, and boy does she do it
heroically. Her guests have either liveddealt with have treated those living with pain
and suffering and the trauma. Andevery episode ends with a message of hope,
and you'll understand the show is aboutgetting pain purpose and a new episode
drops every Tuesday morning. Listen onthe iHeartRadio app or wherever you listen to
(30:32):
podcasts, The Pain Game podcast,The Pain Game podcasts. This is handle
on the Law
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