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September 14, 2024 35 mins
Handel on the Law, Marginal Legal Advice. 
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Speaker 1 (00:00):
You're listening to KFI AM six forty the bill Handles
show on demand on the iHeartRadio app.

Speaker 2 (00:09):
Bill Handle here on KFI.

Speaker 1 (00:13):
You probably know the station by now, and I'm here
until eleven o'clock, followed by Rich Tomorrow, followed by Neil
Savedra Tonight at seven o'clock Unsolved with Steve Gregory. And
as we start the program, as we do every Saturday morning,
the lines are open, and so the phone number is

(00:33):
to call in eight hundred five two zero one five
three four eight hundred five to zero one five three
four and as always, first hour, top.

Speaker 2 (00:44):
Of the hour, by far the best time to call.

Speaker 1 (00:48):
And there will be times when I will go for
two hours without asking four phone calls because our lines
are jammed. And then there will be times when it's
very light and I'll say, okay, here are the phone numbers.
That's one of the things about a caller driven show
is I don't control the number of callers that come in.
That's sort of your bag. Why in the morning I

(01:10):
don't take phone calls Monday through Friday on the morning
show is because I don't want to sit.

Speaker 2 (01:16):
There and take phone calls.

Speaker 1 (01:19):
And I have no patience either and you know that
by now if you've been listening, so to elicit the
stories and for me say yeah, I got it, Yeah, yeah,
I understand. Yeah, yeah, Okay, let's go on. Yeah, this
isn't gone with the wind. Okay, let's wrap this up.
Don't have to do that on the Monday through Friday show.
So the lines are open. If you have a legal
question to ask me, a marginal legal question of which

(01:41):
I will give you a marginal legal answer. The number
eight hundred five to zero one five three four eight
hundred five two zero one five three four. This is
Handle on the Law marginal legal advice where I tell
you you have absolutely no case. And before we start

(02:02):
the show, just a quick reminder that I've rolled out
a new podcast now having entered the podcast wars. It's
the Bill Handle Show podcast and it is released.

Speaker 2 (02:14):
An episode drops every.

Speaker 1 (02:15):
Tuesday and Thursday, nine a m. Pacific where just get
another show, another episode, and it goes all the way
from history to analysis, to current events to crazy stuff.
For example, I just recently did Death in the House
of the Mouse. People have died at Disneyland and Disney World.

(02:36):
I love death political stories. What happened to Boeing for example.
Just I mean, it's all over the place. So that's
every Tuesday and Thursday a new episode drops. Of course,
they're all available, and that is on the Bill Handleshow podcast,
the Bill Handleshow podcast, on all the platforms Spotify, all

(02:57):
of them, iHeartRadio app particularly, and so also the website
the Bill Handleshow podcast dot com. Bill handleshowpodcast dot com.
All right, as we start, I generally start with California.
Why not, I live in California. At California has a
wonderful reputation around the country, particularly in conservative states. As

(03:22):
you know, at the usually at the forefront, usually at
the forefront of social issues, also at the forefront of
any new taxes that you could possibly dream of come
out of California, and whatever social issue you can think of,
it breaks out of here.

Speaker 2 (03:38):
So with that, what happened was California.

Speaker 1 (03:44):
Passed the law that made it illegal for those little
flimsy bags, grocery store bags, you know, the kind the single.

Speaker 2 (03:54):
Use bags that you would then toss away. And the
number of bags.

Speaker 1 (03:58):
Were just growing astron I mean just exponentially, where so
many people were using them once throwing away, and I
just clogged everything. The landfill is being filled with them.
You have the oceans, the lakes, I mean, just all craziness.
So what California did is passed the law saying, okay,
no more single use bags. What we will do is

(04:22):
charge for multiple use bags, which are much thicker plastic,
and they are and you pay ten cents for them.
You also pay ten cents for that's the other thing
that was passed. Ten cents for a bag. And since
they don't have the crappy little single use bags anymore,
it's the ten cents for the heavier plastic bag and
or paper bags. All right, that makes sense. So the

(04:43):
point was for the heavier plastic bags to be used
multiple times, so you don't pay ten cents.

Speaker 2 (04:50):
Every time you go to the store. Well, guess what happens.
You have a few people that bring in their own bags,
which was the.

Speaker 1 (04:56):
Point of all this, and then you have everybody else asked,
do you want a bag? Yeah, I want a bag,
and so they give the grocery store gives say that
very much heavier duty bag that you pay ten cents for,
and then the grocer's go into there, and then you
go home and you know what you do?

Speaker 2 (05:12):
You throw away that bag.

Speaker 1 (05:14):
And it turns out that the use of plastic bags
went up. Bags were now a dime apiece. They were
designed for multiple use. They were thrown away. And this
I'm guilty of that. I always forget. I mean, I
bags in my car were usable bags. Do you want

(05:34):
to bag? Yeah, I just throw one in. And so
I went to the store yesterday. I have two bags
full of groceries. You want bags, Yeah, well there's two
more bags. Cost me twenty cents, throw them away. And
so the number of bags have just exploded, far worse
than it was with the single use bags.

Speaker 2 (05:51):
And this is crazy. I want to give you a figure.

Speaker 1 (05:54):
One hundred and fifty seven thousand tons of plastic was
bag waste is discarded in the year that the law
was passed. That was I think four or five years
ago when they went to double plastic bags the heavier weight.
By twenty twenty two, after the law had been passed,

(06:15):
the tonnage of discarded plastic bags went up forty seven percent.

Speaker 2 (06:21):
Isn't that great?

Speaker 1 (06:22):
So now there in the middle of passing a law
which they will pass no more plastic bags at all.
You want a bag, you get a paper bag, and
paper bags are a lot of fun when you have
wet produce or wet meat in there, because it falls
right through.

Speaker 2 (06:36):
Very entertaining anyway, So much for that.

Speaker 1 (06:39):
All right, let's go ahead and take some phone calls here, Joe,
we start with you.

Speaker 2 (06:46):
Hello, Joe, welcome to handle on the law.

Speaker 3 (06:49):
Why Bill, Yeah, this is Joe.

Speaker 2 (06:52):
Yeah.

Speaker 3 (06:52):
I was jack in the Box to go in to
use a bathroom. They had a conea where they had
just mopped and they had the door open. I walked
in slipell ended up ripping my rotcuff. I got a
call from Jackson Box after I put in a claim
and they told me that they felt because of the
video and they had the coneup, they didn't have any responsibility.

(07:15):
So I've been trying to find a lawyer to see
who'd take the case.

Speaker 2 (07:18):
Yeah, how badly were you injured? Again? Did you have surgery?
By a chance?

Speaker 3 (07:22):
Yeah? Yeah, I had surgery.

Speaker 2 (07:26):
Okay, let me ask you cone is up? What does
that mean to you?

Speaker 3 (07:31):
Okay, Well, I've gone in there before because that's a
regular stop that I do off.

Speaker 2 (07:35):
Yeah, no, I'm not arguing. Now, what does a coneup
mean to you?

Speaker 3 (07:39):
Well, it means you got to be a little careful.

Speaker 1 (07:41):
Okay, and they're arguing you weren't careful enough and you
basically just slipped and it's on you. It's a defense.
It is a defense. And then now the problem is
that whatever lawyer picks up the case has a fight
on his or her hands.

Speaker 2 (07:59):
No one's gonna rollover on this one at all.

Speaker 1 (08:02):
Even though the injury was pretty good. And so do
you know what your medical bills were?

Speaker 3 (08:10):
I'd have to check, But like I say, I had
surgery and I was three months out of work.

Speaker 2 (08:16):
Pretty good, you know what.

Speaker 1 (08:17):
That's a pretty good size case, that is. And the
trick is finding a lawyer who is just willing to
work hard enough and thinks that that case is worth
enough money.

Speaker 2 (08:27):
Have you talked to a personal injury lawyer?

Speaker 3 (08:31):
Yeah? Everyone because they saw the cone.

Speaker 2 (08:34):
Yeah that's a big so that that's a big defense.
How many lawyers have you contacted about?

Speaker 3 (08:40):
Three different ones?

Speaker 2 (08:41):
Wow? And they all said no thanks because of the cone?

Speaker 3 (08:44):
Yeah.

Speaker 2 (08:45):
All right, So.

Speaker 1 (08:46):
Let me suggest you go to have you Have you
gotten to my website handle on the law dot com?

Speaker 3 (08:51):
No?

Speaker 1 (08:52):
I have Okay, try handle on the law dot com.
Mentioned that you and I talked. Okay, that's for starting.
And if you I have one of the lawyers and
handle on the law dot Com said there is no
case there, and that is the fourth lawyer you talk to.
I think you have to hang it up, you really do, uh,
just start just start complaining. You know what I do

(09:13):
when I go to Jack in the Box, I start
screaming that there's no clown anymore, popping out of the
box and go, what have you guys done? And then
when that happened, I stopped going there. That's really crazy.
And also whenever you get used to those drive throughs.
The other day I was getting I was going through
I think a CBS. I had a prescription and the

(09:34):
gal said, yeah, can I help you? And I ordered
a burger and that didn't help either. Everybody gets conflated.
But anyway, try handle on. Try handle on the law
dot com. You'll talk to one of the lawyers, probably
a guy by the name of Mark, who is very,
very good, and you'll get an opinion and if the

(09:54):
case is taken, you got something.

Speaker 2 (09:55):
If they say no at that point after number four,
I would just hang it up. Yeah, yeah, you can
see that.

Speaker 1 (10:01):
What is the first thing I said, Yeah, they have
a defense boom.

Speaker 2 (10:05):
And they're going to argue.

Speaker 1 (10:07):
And I'll tell you it doesn't help you to say, oh,
I've been through that a bunch of times before. I
go to that restroom all the time. It's on a
regular stop, and you go, well, then you really should
know what that restroom is about. You know the flooring,
you understand what's going on, and that's plenty of warning.
I think one of the arguments that you shouldn't you
should have locked the door. Now we're talking to Jack

(10:29):
in the box. You should have locked the door because
if it is slippery enough or it is such a danger,
you have to wait for it to dry off.

Speaker 2 (10:36):
But I don't know if they do that.

Speaker 1 (10:38):
You know, they go, hey, it's just slippery, go ahead
and use the bathroom, but just do it very carefully.

Speaker 2 (10:45):
And that's the problem with that. All right, let's take
a break.

Speaker 1 (10:47):
We'll come back plenty more Handle on the Law. This
is Handle on the Law.

Speaker 4 (10:55):
You're listening to Bill Handle on demand from KFI AM
six forty.

Speaker 2 (11:01):
The phone number here.

Speaker 1 (11:02):
As we start getting into the show, lines excuse me.

Speaker 2 (11:06):
Are clearly open, which they are.

Speaker 1 (11:08):
We have a few up eight hundred five two zero
one five three four eight hundred five two zero one
five three four and you will get right in welcome
back handle on the law marginal legal advice where I
tell you you have no case.

Speaker 2 (11:29):
Hello, Bob, you're up, Welcome to the show.

Speaker 3 (11:32):
Yeah, hello, Hello, Okay, Yeah, Okay.

Speaker 5 (11:37):
Now I was I was accused of lunging at somebody,
and I would like to take a light at Texas
test to prove I didn't do anything, and I want
to keep it out of court.

Speaker 6 (11:50):
I just want this party to realize that they they
didn't like me and they just wanted to try to well.
I was living in an assisted living so they no.
Assisted living.

Speaker 1 (12:06):
Yes, living helps people be assisted while they're living.

Speaker 2 (12:10):
Yes, my mother was an assistant living home.

Speaker 1 (12:13):
Where you get your meals and you have staff there
and they help you out and you get a bedroom
and a group of people live together. But it's licensed
by the state and it's done on a commercial basis.

Speaker 2 (12:25):
All right, So are you still at an assistant living home?
Are you out of there?

Speaker 3 (12:28):
Bob?

Speaker 6 (12:29):
I'm in another one.

Speaker 2 (12:31):
I moved, Okay. So what were you accused of.

Speaker 6 (12:33):
Doing lunging at somebody?

Speaker 2 (12:36):
Okay? And what do they do as a result of
you lunging at someone?

Speaker 3 (12:44):
Nothing?

Speaker 2 (12:44):
But did they throw you out of there? No? Okay,
So there you are with an accusation of lunging. All right,
who was where did they accuse you? Was it a
written accusation?

Speaker 1 (12:56):
Did the authorities at the center go to you and say, hey,
you've lunged at this person?

Speaker 2 (13:01):
Would happened?

Speaker 6 (13:03):
So the authorities at the center.

Speaker 3 (13:07):
Verbally said this?

Speaker 1 (13:08):
Okay, but you went on your own, You left on
your own, right, Yes, okay, So nothing's happened.

Speaker 2 (13:14):
And so why do you want to take a light
of tector test to prove.

Speaker 6 (13:18):
That I'm a man of my truth to whom, to
myself and to well, wait, an.

Speaker 2 (13:25):
You don't have to prove.

Speaker 1 (13:26):
You don't have to prove to yourself either you told
the truth or you didn't.

Speaker 2 (13:30):
You know whether you told the truth. What you have?
You have doubts whether you told the truth.

Speaker 1 (13:34):
And now you're going to take a light detector test
to prove to yourself you told the truth.

Speaker 6 (13:39):
If handle, if you failed a lated light detector test,
then that you would start having in questions.

Speaker 1 (13:47):
No, I wouldn't do so now if I knew, if
if I knew the truth.

Speaker 2 (13:51):
I don't care if I pass it or fail it.
I know the truth. Okay, So I don't have to
prove myself the truth.

Speaker 6 (13:58):
Okay, I don't have to prove to myself, but I
want to let them know that I'm not lie.

Speaker 2 (14:03):
What do you care? What do you care? You're not
dealing with them anymore, You're out of there. What do
you care?

Speaker 3 (14:08):
That's true?

Speaker 2 (14:09):
Yeah, I mean, don't give a damn. Just leave it alone.
Nothing happened to you. You have some person that accused you.
I'm assuming that the management.

Speaker 1 (14:16):
Said, uh, you know, Bob, don't do it again, and
they may not have even believed the other person is done,
is finished, And now you want to spend hundreds of
dollars on the lie detector test?

Speaker 2 (14:26):
What do you What are you gonna do with it?
Who you to send it to?

Speaker 6 (14:30):
Don't you feel that somebody falsely accuses you? You kind
of get angry, don't sure?

Speaker 2 (14:35):
Sure? But now what if nothing happens as a result
of it? Let me ask you something.

Speaker 1 (14:40):
Uh, no one's going to pay attention to a lie
detector test? Are you going to force someone to look
at it? The person who accused you doesn't care what
you say. It doesn't matter.

Speaker 2 (14:53):
I would think you would read the lie detector test. No,
it doesn't do anything.

Speaker 1 (14:57):
You're you're going off on a tangent here, Bob, and
it's not going to help.

Speaker 2 (15:02):
It's not going to help you at all. Why spend
the money. Why spend the money?

Speaker 6 (15:05):
Nobody else called in like this what I've said?

Speaker 2 (15:08):
No one else called in? No, because no one says
I'm unique. Yeah, no, it's not unique. You're not unique.

Speaker 1 (15:16):
No, no, no, Okay, get angry. Get angry at me,
all right, because I think you're basically a moron, you know,
to say that, yeah, congratulations and get that right light
attached or test, uh huh, to prove that I'm telling
the truth, to prove myself I'm telling the truth. Okay,
that's what got it, And to prove to everybody else

(15:38):
that I'm telling the truth.

Speaker 2 (15:39):
Nobody cares.

Speaker 1 (15:41):
I wouldn't even pay attention to it, you know, I'm
the management of that.

Speaker 2 (15:44):
It's just a living or what do I care? He's
out of here? And then if I'm the person who
made the accusation, do I care whether you did a
light attech or test? Yeah, I'm not going to pay
attention to it. So, Bob, that's really not the way
to go, is it. Leave it alone? Leave it alone.
Now you talk about your business for a moment.

Speaker 1 (16:01):
The less your business spends on delivering your product or
your service, the more margin.

Speaker 2 (16:06):
You have and the more money you keep. Everything is
more expensive these days.

Speaker 1 (16:11):
Costs have gone up on materials, on employees, distribution, borrowing.
I'm going to lunch today at a restaurant. I know
I'm going to be charged up the ying ying. Now
you can reduce costs and headaches in your business with
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Speaker 2 (16:31):
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Speaker 1 (16:32):
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you can reduce it costs because net Suite lives in
the cloud, so.

Speaker 2 (16:40):
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Speaker 1 (16:41):
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(17:03):
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the net suite has made it.

Speaker 2 (17:12):
Work in a real way for these businesses.

Speaker 1 (17:15):
Maybe yours visit NetSuite dot com slash handle NetSuite as
an office suitees NetSuite dot com slash handle.

Speaker 2 (17:23):
This is Handle on the Law.

Speaker 4 (17:27):
You're listening to Bill Handle on demand from KFI AM
six forty.

Speaker 2 (17:33):
We do have the lines open.

Speaker 1 (17:35):
We're off to a little bit of a slow start,
so you if you call, we're going to get right in.
Eight hundred five two zero one five three four. That's
eight hundred five to zero one five three four. That
is the number to call. All right, welcome back.

Speaker 2 (17:54):
More Handle on.

Speaker 1 (17:55):
The Law, Marginal legal advice Marianne, Yes, ma'am.

Speaker 2 (18:00):
What can I do for you?

Speaker 7 (18:03):
Yes, Hi, Bill, I had a mechanics lean put on
my house.

Speaker 3 (18:07):
M h.

Speaker 7 (18:08):
And I don't know what to do about that.

Speaker 1 (18:11):
Okay, let's start with why someone put a mechanics lean
on your house. Tell me the circumstance of whatever. I'm
assuming it was a contractor who did this.

Speaker 7 (18:22):
Correct a landscaper.

Speaker 2 (18:25):
Yeah, it's a contractor. Okay.

Speaker 1 (18:28):
And what what is the landscaper's position, And I'm not
talking about whether he's standing up or sitting down.

Speaker 2 (18:34):
What is his legal position?

Speaker 3 (18:36):
What?

Speaker 2 (18:36):
What does he say you did?

Speaker 7 (18:39):
Okay? He said, I'm not paying his bill?

Speaker 2 (18:41):
Okay, did you you? Are you paying his bill?

Speaker 8 (18:44):
Well?

Speaker 7 (18:45):
I already paid him seventeen thousand dollars.

Speaker 2 (18:47):
How much more does he want bill?

Speaker 7 (18:49):
Twenty nine thousand?

Speaker 2 (18:50):
He wants twenty nine thousand more? Okay? Is what is
the contract call for?

Speaker 7 (18:57):
Well, there was no contract.

Speaker 2 (18:59):
It was a verbal contract.

Speaker 7 (19:02):
Yeah, let me just tell you what happened. Okay. My
husband died on March the sixteenth. And the last thing
my husband said to me before he had a heart
attack was I need to mow the lawn. It's really
getting long. That's what he said to me. And then
about two hours later he had a heart attack. So
the next day, I don't know, I became obsessed with

(19:23):
this lawn and so I thought, oh my gosh, I
got to find somebody to cut the lawn, you know.
So I went on my phone and I, you know, said,
you know landscaper in my town, and up popped this one.
And I I was like in the daze, I had
like a fractured mind, and I called this guy and
he came over and I said, can you mow my lawn?

(19:45):
He goes yes and bye, and then all of a
sudden then he said to me, oh, look at that
big branch over there.

Speaker 2 (19:51):
Okay, okay. This thing just basically escalated, is what you're saying?

Speaker 1 (19:57):
Yes, okay, and it escalated verbally yes, okay?

Speaker 2 (20:02):
All right, fair enough. You got a couple of choices here.
How old are you, by the way, Marianne, seventy seven?

Speaker 1 (20:09):
Okay, so you're old enough to claim that you're old
enough in terms of the law. You've got an elder situation,
and you've got some very interesting defenses that I think
the contractor at this point doesn't have much to go on.
By the way, what seventeen thousand plits? Twenty nine thousand?
How much is that? I'm not good at math. What

(20:31):
is the total amount?

Speaker 3 (20:32):
Let me read that?

Speaker 2 (20:33):
All right, I've got to do that.

Speaker 1 (20:34):
Hold on a minute, this is important, okay, seventy nine
or seventy.

Speaker 2 (20:42):
How much is the total amount that ell?

Speaker 3 (20:44):
Now?

Speaker 2 (20:44):
Twenty seven? Twenty nine, twenty nine? Okay? And how much
have you paid him? Seventeen seventeen. Okay, you're carrious here.

Speaker 1 (20:55):
Okay, forty six thousand dollars to mow your lawn not bad,
you know, So I would give up the I'd give
up everything I have to get forty six thousand dollars
to moa lawn.

Speaker 2 (21:05):
First of all, it's very impressive.

Speaker 7 (21:07):
Let me well, let me no, No, I understand now,
I get it.

Speaker 2 (21:10):
You don't have to go there. It just it just escalated.
I understand. Yeah, well this is happening. That's happening. I
get it.

Speaker 1 (21:16):
Okay, took advantage of you, clearly took advantage of you.
So let's say you the two of you are ending up.

Speaker 2 (21:22):
At a dispute. You're a front of a judge.

Speaker 1 (21:24):
If it goes that far, which it won't, then here
you are, husband just died day later. You're seventy seven
years old in a day's fractured mind, which, by the way,
I don't doubt.

Speaker 2 (21:36):
At all, because if I'm the judge, i'd buy that.

Speaker 1 (21:39):
And then he comes in on a verbal contract and
cuts a forty six thousand dollars deal, saying to you,
well you need this, you need that, or look what
I discovered, you might as well do this.

Speaker 2 (21:50):
And now you don't pay him. And it was a verbal.

Speaker 1 (21:52):
Contract, as I said, and now he throws the mechanics lean.
So here's what you get to do. I think you
have to hire a lawyer, because you're seventy seven years
old and you have.

Speaker 2 (22:00):
A fractured mind.

Speaker 1 (22:02):
I think you have to pay a couple thousand dollars
to a lawyer who will.

Speaker 2 (22:07):
Immediately bond to the lean.

Speaker 1 (22:09):
Actually get a bond for the entire amount that is
claim to be owed, and then he goes to work,
because not only are you not going to pay for it,
you're going to sue him for virtually every dime he
has put in other than mowing of the lawn. Now
I don't know how much mowing of the lawn is worth,
but if it were me, i'd go, okay, I think

(22:30):
that's worth sixty bucks. So everything else sort of sixty
dollars I want back, and I don't owe you the rest,
and you're going to win. Verbal contracts don't work. He
has to have a written contract, per the law. I
don't even think he can defend himself. You've got a
dead bang winner, all right, So get yeah, get a lawyer.

(22:52):
You're fine, don't be frightened of that. I'm telling you
we're something right now, Marianne. He's going to go no
place on this. He's blowing smoke, and he is going
to be libel uh for wrongly placing a lien on
your house.

Speaker 2 (23:05):
How much money do you have in the bank, Marianne.

Speaker 1 (23:10):
Okay, so you can hire you spend a couple of
thousand dollars for a lawyer, right right, Okay, you're gonna
be fine.

Speaker 2 (23:16):
You're gonna be fine. I wouldn't worry about it at all. Okay.
Unfracture in your mind.

Speaker 7 (23:22):
Hand on the law, Yeah, we don't do that.

Speaker 1 (23:24):
We don't do contract law. We mainly do personal injury.
But uh you uh, it's it's easy. Just do a
little bit of research on the internet, do some reviews,
and you'll find someone. Uh, this one's not hard to do.
Construction lawyer is what you want, someone who just just
uh you know, google construction lawyer. Uh, you know your

(23:45):
issue mechanics, leans that sort of thing.

Speaker 2 (23:47):
You'll do fine.

Speaker 1 (23:48):
And the only thing the lawyer's gonna ask you to
do is number one, unfracture your mind.

Speaker 3 (23:51):
Uh.

Speaker 1 (23:52):
Number two, just stand firm. You don't have to worry
about it, not at all. It's good defense, by the way,
uh rocturing the mind.

Speaker 3 (24:01):
I like that.

Speaker 2 (24:02):
I like it. Eddie, Hi, Eddie, welcome.

Speaker 8 (24:06):
Hey Bill, thank you to take my call. Sure, I
just visited my mother in the age. There was a
Portugal okay's last August. She's eighty five years old. She
has a piece of property you know, probably worth about
three hundred fifty euros three hundred and two thousand euros.

Speaker 2 (24:26):
Okay, so you're looking at three thousand dollars give or.

Speaker 8 (24:29):
Take, all right, Yeah, And now I'm an only child, right,
and she doesn't have a husband anymore. He's deceased, well,
she's on her second marriage, but he's deceased. And now
she told me I don't need.

Speaker 3 (24:51):
Like a will and nothing like that.

Speaker 2 (24:53):
And why does she tell you she's still around?

Speaker 3 (24:56):
Yes?

Speaker 2 (24:56):
Okay? And is she lucid?

Speaker 8 (25:02):
No, she's about right in mind?

Speaker 2 (25:03):
Did okay? All right?

Speaker 1 (25:05):
And she told you and she told you, okay, she
told you you don't need a lawyer any particularly.

Speaker 2 (25:09):
Did you ever say, why mad you figured out don't
need a lawyer.

Speaker 8 (25:13):
Because the Portuguese lawyer that's the only child inherits probably automatically.

Speaker 1 (25:18):
Okay, all right, that makes sense, and that by the
way that works, that works here, that's generally the same
all all over the world.

Speaker 2 (25:27):
It's just a question of how do you go from
A to B. All right, So, so far, so good.

Speaker 1 (25:32):
Only child property, mom has it, and the law in
Portugal says only child gets all the property.

Speaker 2 (25:41):
So what is your question, Eddie.

Speaker 8 (25:44):
Now she has a hard time getting around, so she
has a house keeper, okay, and she tells her, you know,
you know, a weekly salary, come over like three four
times a week. Now, I don't get over there that option.

Speaker 3 (26:00):
I was just there.

Speaker 8 (26:02):
She used to come here every year, but the past
four years she had.

Speaker 2 (26:06):
Yeah, it's getting a little long.

Speaker 8 (26:08):
Get okay, okay, Now if I show up there, you
know what I mean? The gusle did something happens to
my mother? Right, and I go there, you know, and
then the lady's taking care of her and and end
up squatting in the house and living there.

Speaker 2 (26:22):
Now you're talking about you're talking about in Portugal. Yes, okay,
that could be. Lady could be squatting in the house.
That's true. And so what is your question?

Speaker 1 (26:31):
How you undo the lady or how do you kill
your mom to get your money.

Speaker 2 (26:35):
Now, what's your question?

Speaker 8 (26:36):
No, it's not that my mother's coming the little back
over here, okay, all right, And I don't want to
bring up problems to her. She's coming here in about
three months.

Speaker 9 (26:50):
Okay.

Speaker 2 (26:50):
I don't know, and I don't understand where you're going
with this, Eddie. You have to ask me a question now.

Speaker 8 (26:54):
Now it's the lady's like, see the lady who takes
care of her.

Speaker 3 (26:57):
See, yeah, I got it.

Speaker 8 (26:58):
Often during overnight and I and my mother says you
for two years and I go back over this, Yusaiah,
Am I gonna have a big problem with that?

Speaker 2 (27:06):
No, No, you're not gonna have a big problem with that,
not at all. If you do have a big problem
with that, I don't know what she's going to do.

Speaker 1 (27:13):
Make a claim under Portuguese law that she's entitled the
X number of dollars. It's I mean, the cleanest way
of doing this is hire a lawyer in Portugal to
set up some kind of contractor relationship with this caregiver
so it's clear cut, so she doesn't come back later.
I will tell you, in Europe, people have you're talking

(27:36):
about caregivers employees.

Speaker 2 (27:39):
Et ceter have a lot more rights than here.

Speaker 1 (27:41):
So here's what I would do is hire a lawyer
in Portugal and say, this is a situation. What can
I do to protect myself just in case this woman
makes a claim because the property is in Portugal and
the property is going to have to transfer in Portugal.

Speaker 8 (27:58):
Okay, Yeah, and she has the keys when my mom
comes in ut.

Speaker 2 (28:02):
Okay, No, I understand, she got it. She's the caregivers
take care of the property.

Speaker 3 (28:06):
I get it.

Speaker 1 (28:06):
She's not gonna be able to sign it. She's not
gonna be able to sell the property because she doesn't
known it. Will she be able to ransack the property? Yeah,
she will because there's no one there.

Speaker 2 (28:15):
And this question of how how hona she is? There's
nothing you can do.

Speaker 1 (28:19):
Yeah, all right, I'm glad I answer that question because
I didn't even understand the question.

Speaker 2 (28:24):
This is Handle on the Law.

Speaker 4 (28:28):
You're listening to Bill Handle on Demand from KFI AM
six forty.

Speaker 1 (28:36):
Well, welcome back to Handle on the Law, Marginal Legal Advice. Hey,
before I get to the rest of the phone calls,
my new podcast is up and it is every Tuesday
and Thursday. It drops nine o'clock Pacific time, and it
is all about everything analysis and.

Speaker 2 (28:52):
The history and just fun stuff that we look at.

Speaker 1 (28:55):
And it's the Bill Handle Show podcast and that's on
all the platforms, Heart radio, app et cetera, you know, Spotify,
et cetera.

Speaker 2 (29:03):
And it is it's great fun to do.

Speaker 1 (29:05):
So it's the Bill Handle Show podcast and the website
is the Bill handleshowpodcast dot com.

Speaker 2 (29:12):
All right, back we go more Handle on the law.
Valerie High, Valerie Hi.

Speaker 9 (29:20):
After eight years talking about this with my therapist, I've
actually written my grown adult children out of my will
and trust, which I find Wednesday. I've left them eat
ten thousand dollars and everything else is supposed to go
to my grandchildren when my youngest, who is eight years old,

(29:40):
turns thirty five. Okay, And the purpose of that is
that neither one of my adult children or their spouses,
which are also just like, get any in any of
that money.

Speaker 2 (29:53):
So my interest, I understand. Yeah, So what's your mind?

Speaker 9 (29:57):
I How do I actually secure this to make sure
it happens that way?

Speaker 3 (30:03):
Got it?

Speaker 2 (30:04):
You just want your wishes to be set in stone. Okay,
that's easy. Do you have a trust?

Speaker 9 (30:13):
Yes, it's okay.

Speaker 2 (30:13):
So everything is in the trust. Okay, who's the trustee
of the trust once you die?

Speaker 9 (30:19):
The lawyer my lawyer, okay, And how.

Speaker 2 (30:21):
Do you feel about your lawyer? You feel pretty god
about the lawyer.

Speaker 9 (30:25):
As well as one can.

Speaker 1 (30:27):
Okay, Yeah, that's a good point. How well can you
feel about any lawyer as well as one can? Because
if you don't have immediate doubts about your lawyer any
other lawyer, something's very wrong with you.

Speaker 2 (30:36):
I understand that. Okay, you're doing everything right.

Speaker 1 (30:40):
You've written your will such that the adult children only
get ten thousand dollars.

Speaker 2 (30:45):
All right, that's easy. This The trustee has to maintain.

Speaker 1 (30:49):
That, and your loyal lawyer will control the trust and
has to follow the terms of the trust.

Speaker 2 (30:55):
Okay, And you're perfectly.

Speaker 1 (30:57):
Fine saying your kids, your eight year old doesn't get
the balance of the money until he or she is
thirty five, and then the will is dissolved.

Speaker 2 (31:07):
So the lawyer stays the trustee the entire.

Speaker 1 (31:10):
Time, or someone he designates, because there should be a
successor trustee that he has written.

Speaker 9 (31:17):
And well, yes, okay, i've named you know, a major
investment company.

Speaker 2 (31:25):
Oh yeah, you're fine. You've done everything right. There's nothing
more you can do, Valerie. There's nothing else for you.

Speaker 9 (31:32):
What I'm thinking of one thing. If I write a
letter every year saying that my trust should be distributed
as written.

Speaker 1 (31:41):
No, no, no, that doesn't No, that doesn't do anything, Valerie.
That doesn't do anything.

Speaker 2 (31:47):
You've covered it, You've done everything you can. The only
thing you can do is every.

Speaker 1 (31:53):
Year, I would well, let me put it this way,
not that the will or the trust is going to
be distributed. I just would write a letter to your
adult children saying, hey, I hate you and this is why,
and I'm only giving you ten thousand dollars. And then
the following year you write another letter. You know, I

(32:16):
was thinking about my previous letter, and I just want
to know I hate you more than I did last year,
and you're not going to get more than ten thousand dollars.

Speaker 2 (32:25):
And I would continue to have no idea. Oh they
have no idea. Well, then you can.

Speaker 1 (32:31):
Say whatever the hell you want to say. I wouldn't
tell them I love them. I wouldn't say I can't
wait for you to have the money. It doesn't matter
what you write. It's the trust that controls. The trust
controls everything, Valerie, and you're gonna be fun trustee.

Speaker 9 (32:44):
The trustee can use his own discretion.

Speaker 1 (32:46):
It depends on It depends on how it depends on
how the will is the trust is written, Valerie. If
the trustee has full power, it can use the discretion.
The trustee can do whatever y or she wants. My
family trust is that I want the trustee to. Really
my kids are the beneficiary for the most part, I

(33:08):
want that trustee to scare the crap out of my
kids and every six months say hey, by the way,
Barbara and Pamela, if you act out, I am making
sure you get five cents this next year. But the trustee,
it's in the trust where you simply allow the trustee

(33:28):
in this case the attorney to make that determination.

Speaker 2 (33:31):
It's between you and the attorney. It's whatever you want.

Speaker 1 (33:34):
And if you want the trustee, the attorney to have
full power as mine does my trustee, because I trust
my trustee and I like my trustee more than I
like my kids.

Speaker 2 (33:45):
So you're fine, you've done everything. Just make you just
sit down with your Trusteeco. This is what I want,
And it sounds like you've done it all anyway. I mean,
you're covering your button. Good for you.

Speaker 1 (33:54):
You've done it all right, so there's no issue to that. Now,
I want to tell you about your bread. Bad breath,
horrible breath, and there is a way to undo that.
You ever eat garlic and onions and you have that
lingering garlic and onion.

Speaker 2 (34:08):
Taste, Yeah, that's taste for a while.

Speaker 1 (34:10):
Well, this is why the folks at Zelmans came up
with Zelman's Minty Mouth mints. Not only does it work
in your mouth because it's a mint, it's some a
mint that surrounds a.

Speaker 2 (34:21):
Little capsule of parsley seed oil.

Speaker 1 (34:24):
When you're finished with the mint part, you bite into
it or you swallow it, and it goes to work
in your gut, taking care of the foods.

Speaker 2 (34:31):
And the breath that comes out of your gut.

Speaker 1 (34:33):
Also, if you have dry mouth, it's fabulous for that
and just feel clean and fresh. You know how your
mouth feels great after brushing your teeth or gargling.

Speaker 2 (34:43):
That's exactly what the Zelman's Minty Mouth does.

Speaker 1 (34:46):
It's good stuff and I'm going to suggest you pick
up a pack or two or five.

Speaker 2 (34:51):
Go to Zelmons dot com, ze l M I n
s Zelmans dot com.

Speaker 1 (34:56):
Fifteen percent off when you use the code handle at
check take advantage of that fifteen percent.

Speaker 2 (35:01):
Don't throw that away.

Speaker 1 (35:03):
Use the code handle at checkout Zelman's z l M
I N s zelmans dot com.

Speaker 2 (35:10):
This is Handle on the law.

Speaker 1 (35:13):
You've been listening to the Bill Handle Show. Catch my
Show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
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