Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty the bill Handles show
on demand on the iHeartRadio f This is Handle on
the Law marginal Legal Advice, where I tell you you
have absolutely no case. If you're injured and need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to join our team because
(00:21):
people desperately need your help, go to handle on the
Law dot com and click on the Joint Today tab
at the top of the page.
Speaker 2 (00:28):
The following US up here recorded program.
Speaker 1 (00:31):
The Governor of California, Gavin Newsom, signed a bill that
requires large health insurance companies to cover in vitro fertilization.
Speaker 2 (00:40):
Now this is my wheelhouse, and I have.
Speaker 1 (00:44):
Been involved in vitro fertilization in my world of surrogacy
since the early eighties, and IVF was so brand new.
I mean I remember the first test two baby, and
that was nineteen seventy eight, and two years later I'm
jumping into this and here was the problem, and it's
(01:04):
always been a problem, is that insurance companies never thought
infertility was a medical issue. It wasn't a sickness, it
wasn't a disease. It wasn't a syndrome of any kind.
So anything you did with in vitual fertilization was voluntary
(01:25):
and it was well, you were on your own. Massachusetts
was the first state that said, oh no, no, you got
to cover IVF. And that's acceptance that there is something
medically wrong if someone is infertile. In other words, it
is a disease and it has to be treated, and
insurance companies have to cover it, and insurance companies have
(01:47):
said no, no, no for years. Republicans are certainly not
big fans of IVF, and that goes right into the
world of and when is a person a person? And
keep in mind what is IVF. IVF is you the harvest,
that's what they call it, eggs from a woman after
(02:09):
giving being given drug superovulation, and then the eggs are
retrieved put in this petrie dish, which by the way,
IVF in vitro is glass dish, and so the fertilization
takes place. You have the eggs, the sperm specimen is
put in the petri dish, and then it creates an
(02:30):
embryo because the two have a way of connecting. And
then that embryo at the eight cell sixteen cell thirty
two cell stages, it goes back into the woman or
to a surrogate and planet it and begins to grow.
And a lot of people are against in vitro fertilization
because what do you do with the eggs are left
over if the first go round takes Oh my god,
(02:51):
there are people you can't can't destroy them.
Speaker 2 (02:54):
You can't give it.
Speaker 1 (02:55):
You know, you could give them away so other people
can utilize those embryos. But it's a mess. It's a bess.
It's a mess morally, it's a mess ethically. But the
point is infertile couple couples want to half kids, and
here's the technology. And the insurance company don't doesn't view
this anything other.
Speaker 2 (03:15):
Than an elective procedure.
Speaker 1 (03:17):
That's like them saying broken bones if you play baseball,
it's your fault if you fall and break your bones,
We're not going to cover that because well it's really
not a problem. That's what they're saying. And now California says, boom,
you're done. You must that's to the insurance company, you
(03:40):
must cover in vitro fertilization. I have been fighting for
this since nineteen eighty and I am thrilled finally, because
families that would come to me, couples that would come
to me to help them create families. The cost is
astronomical and a lot of it is IVF.
Speaker 2 (04:00):
So good news on that front. Okay, I'll buy it.
Speaker 1 (04:04):
Let's go ahead and take some phone calls. Hey, Rodney,
welcome to handle on the law.
Speaker 3 (04:11):
As regarding the trust, we have three siblings. One sibling
is the trustee, the other siblings are beneficiaries. The two
beneficiaries are pretty much going to be homeless here soon.
Are begging for money from the trust. However, the property
in the trust has not been sold and there's no
money to distribute. They're asking us to front them money
(04:36):
and they will take themselves out of the trust.
Speaker 2 (04:39):
Okay, So what's your question.
Speaker 3 (04:40):
I want to know if that's legal. They take themselves
out of the trust and be paid outside of the trust?
Speaker 2 (04:46):
Sure? Sure? And how do you do that? Okay? Here's
that you just do? I deal with them. You write
a contract.
Speaker 1 (04:51):
There are beneficiaries of the trust and they're saying, we
give up all our interests in the trust if we
receive X number of dollars as long as they're represented
by an attorney. That's really important, Rodney, because they're going
to come back and say, oh, we didn't understand. The
other issue is are the is it the beneficiaries of
the trusts that are being asked to front the money?
Speaker 3 (05:13):
It is the trustee who is also a beneficiary.
Speaker 1 (05:18):
Okay, And the trustee is being asked to front the
money personally.
Speaker 2 (05:23):
Yes, okay, yeah, you can do that. You can do that.
Speaker 4 (05:25):
Sure.
Speaker 2 (05:26):
How much money are we talking about here, Rodney.
Speaker 3 (05:30):
Well, each would end up with about one hundred thousand.
We're guessing it's the household. But right now we're talking
about Hey, you know what, here's fifty thousand dollars now,
and all right it's a gamble.
Speaker 2 (05:41):
Okay, So.
Speaker 1 (05:43):
Now it can be done. There's no problem legally. I mean,
that's that's an easy one. The problem is going to
be their position and their rights and your obligations. Because
let's say they are calling me and ask the same question.
What I say is, listen, number one, you have to
(06:04):
get an attorney. And I'm telling you, Rodney, that they're
going to be able to argue it was coercion and dress.
You knew that we were homeless, you took advantage of that.
And we're getting far less than we should have gotten.
An attorney drafting that contract will go through it and
(06:29):
carefully crafted and say, as the property is not sold yet,
and by the way, the trustee has full control over
when the property is sold, and they will argue, assuming
they get fifty and they would have gotten one hundred,
they will argue that the trustee held off on selling
the property for the purpose of getting a benefit. And
(06:53):
as trustee there is a big duty a beneficiary, a
duty to the beneficiaries. So it is legal number one.
It is certainly possible. And this is where you really
need an attorney to craft this thing, because you have
to make sure that coercion can't be argued.
Speaker 2 (07:12):
You have to make sure that.
Speaker 1 (07:14):
Advantage wasn't taken, that they weren't taken advantage of. You
have to say that they approached, they approached the trustee.
Speaker 2 (07:23):
So the answer is yes, but be really careful, man.
There there's a thin line here.
Speaker 3 (07:29):
So that's an attorney that drafted this trust.
Speaker 2 (07:33):
Go back to the attorney. Then go back to the attorney.
That attorney.
Speaker 3 (07:36):
Yep, have the true Can we can we all three
be represented by that attorney?
Speaker 2 (07:41):
Probably not? Probably not because.
Speaker 3 (07:44):
They have no money to get an attorney.
Speaker 1 (07:45):
They can you can pay for it in them, Yeah,
you can pay for it. Yeah, you say, you know.
Part of it is, you know, let's say it would
be fifty thousand dollars that they would get.
Speaker 2 (07:56):
Now it's going to be forty seven thousand dollars.
Speaker 3 (07:58):
Because well we're not we're not, so we're not trying
to shorten No.
Speaker 2 (08:02):
I understand.
Speaker 1 (08:03):
But what I'm saying is they're going to need an attorney.
And it may not be and it may be that
you get an attorney, they get an attorney and the
estate itself. I don't know if that attorney can even
draft draft the contract because that attorney represents the represents
the trust itself. So this is where you sit This
(08:24):
is where you sit down with the attorney. First thing,
you go to the attorney who drafted the contract or
drafted the trust and say this is what we want
to do, can you do it? And he may very
well be able to do it, but I guarantee you
the attorney's going to say, the beneficiaries who are giving
up money to get or giving up the potential money
when the sale house are and are giving that up
(08:47):
for less money. Now, man, they have to be represented
and they have to know exactly what's going on to
protect you and whatever attorney represents you, go to that attorney,
go to the attorney who drafted.
Speaker 2 (08:59):
The original try and just it down.
Speaker 1 (09:01):
Ask him exactly these questions and you should be okay.
This is handle on the law. Welcome back to handle
on the law.
Speaker 4 (09:14):
Art Hello, art, hey Bill. Yeah, hey.
Speaker 5 (09:18):
Less than four years ago, I had cataract surgery implants
put in and the right one had a scratch and
took it out, placed it right there on the spot
with another one. It was off centered. I went back
a year later, had the one centered again. They wanted
to do a basis surgery on.
Speaker 4 (09:37):
The right eye.
Speaker 5 (09:38):
I declined. I called and asked if I maybe had
a case for malpractice. I didn't do any history on
the young man that did the surgery, which I should
have had. I should have taken up more serious. I
just went in for a prescription for contacts and he
told me i'd be blind three to four months. I
(09:58):
wouldn't be able to see. Well, it's just getting hard
for me to read my tape measure right now. So
do I still have a case?
Speaker 4 (10:05):
Yeah?
Speaker 1 (10:05):
I think you do based on the repair I think
you do. I would have liked you, you know, but
there's going to be a statute issue, I think because
you have three years from the initial discovery of what's wrong,
but then he performed another procedure, and if it was
to fix the previous procedure, I think you may.
Speaker 2 (10:25):
Have a case.
Speaker 1 (10:26):
Yeah, it's I think you have to contact a medical
malpractice attorney, because that's straight.
Speaker 2 (10:33):
Out if you're going blind.
Speaker 1 (10:35):
Yeah, those are big damages.
Speaker 2 (10:39):
Hey Christine, Hello.
Speaker 6 (10:42):
Yes, okay, I have an IRA and I'm retired.
Speaker 3 (10:49):
And everything, and it has beneficiaries on it, and I
don't have enough money to do a living trust or anything.
Speaker 7 (10:58):
So all I have is not well.
Speaker 6 (11:02):
Well, because I thought you I'd have five hundred thousand.
Speaker 1 (11:04):
No, no, no, no, no, no, you can. You can
have five dollars and have a living trust.
Speaker 4 (11:10):
No oh no.
Speaker 2 (11:11):
There are certain wealth.
Speaker 1 (11:12):
Management people people who ask who run investments for you,
run your money and say, here's a minimum of five
hundred thousand. But absolutely not. You can easily. Of course
five hundred thousand is that's a chunk of money. I
get phone calls constantly here on the show where people go,
how do I get involved in the trust, how do
I write one?
Speaker 2 (11:32):
Well, how much money I got? Two fifty? I got
one hundred.
Speaker 1 (11:36):
I go, yeah, absolutely, that's real money. So the answer is, yes,
you can.
Speaker 2 (11:40):
I wouldn't worry about that. Judy, Hi, Judy, you're up. Welcome,
Thank you.
Speaker 6 (11:48):
My husband and I were driving in his BMW and
the four to five going north and we hit a
very large pothole and it thrashed two tires right the
back right. How to be towed? Cost us well over
eleven to replace the two tires. How do we go
(12:10):
about getting reimbursed from the city?
Speaker 2 (12:13):
You file a claim is what you have to do.
Speaker 1 (12:17):
That's for starters, and they they actually get so many
complaints that they're they're actually even forms that they have
for well, I mean they always have had forms.
Speaker 2 (12:26):
Finally, acclaiming in the city.
Speaker 1 (12:28):
Just a quick aside, what BMW model does your husband have?
Speaker 4 (12:33):
It's an eight fifty.
Speaker 1 (12:35):
I whoa, okay, nuts, Yeah, those tires are pretty expensive.
Now you missed you missed the funeral, I'm assuming right
we were.
Speaker 6 (12:48):
On our way to the funeral. Actually we did.
Speaker 1 (12:52):
Yeah, did you I mean, were you able to go
to the funeral?
Speaker 6 (12:56):
Yes?
Speaker 2 (12:56):
Okay, how'd you get to the funeral?
Speaker 8 (12:59):
The funeral?
Speaker 6 (13:00):
We didn't because it was we were like just getting
off the off ramp, close to the off ramp, okay,
and we didn't realize it. And we went in and
we went to the funeral, and then we got into
our car to leave the funeral. We got this flashing
on the screen.
Speaker 1 (13:17):
All right, right, so.
Speaker 2 (13:20):
Offended at all? You were fine with.
Speaker 6 (13:22):
Whoever doing no? I think she was probably laughing.
Speaker 1 (13:25):
Okay, excellent. Yes, you actually get a claim form from
the city.
Speaker 4 (13:31):
What this is?
Speaker 2 (13:33):
You were on the four or five probably the city
of Los Angeles. Correct, Yes, okay, so the city Los Angeles.
You go on the city website.
Speaker 1 (13:43):
And you'll be able to navigate through and there will
be claims against the city, and you file it and
you make a claim and then of course they're going
to say no, because they all say they always say no. Judy,
h Yeah, it's it's it's a given. I mean I
have seen claims where arborous for the city. You know,
(14:03):
those people that take care of trees on city property.
They had chain saws and the chain saw dropped, uh
that someone was walking on the sidewalk and literally sawed
off someone's leg and they made a claim and the
city said no, because you have another leg, you can
hop Okay, I'm exaggerating, right, but they they do say no.
(14:28):
I mean, be prepared for that. And then you appeal it. Uh,
and then there are all kinds of things. But in
the end they are responsible, there's no question about it.
Speaker 2 (14:36):
Judy. It's just going through all the hoops that you
have to go through. But in the end you'll see.
And then you'll see she got how long ago did
this happen?
Speaker 4 (14:48):
Toddy?
Speaker 6 (14:51):
A week and a half ago?
Speaker 1 (14:52):
Oh, you're fine, Yeah, you're fine. You have to make
a claim within six months and you obviously are fine.
Go ahead and make the claim and you just go
through the rigama role and it's never easy, but you've
got to do that, all right. Let me tell you
about your business life. The less your business spends on
delivering your product or service, the more margin you have. Simply,
(15:14):
the more money you make. Everything is more expensive these days,
go out to lunch. Costs have gone up on materials
and employees and distribution and borrowing.
Speaker 2 (15:23):
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Speaker 2 (15:35):
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Speaker 2 (15:46):
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Speaker 1 (15:51):
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Speaker 2 (16:20):
This is handle on the law.
Speaker 3 (16:23):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (16:29):
This is handle on the law.
Speaker 1 (16:32):
Marginal legal advice. When I tell you you have absolutely
no case, heck man, I have.
Speaker 8 (16:39):
An SAHA approved reverse mortgage alone. It's about a year
and a half old with several thousand dollars line of
credit available for me to withdraw at will the HIA
may not be able to renew their certification, and I'm
wondering could that affect my future withdrawals.
Speaker 2 (16:58):
I don't think so, because I I think you would
be grandfathered in.
Speaker 1 (17:02):
That's I can't imagine them all of a sudden, whatever
financial abilities you have to deal with that reverse mortgage
because certain certain certification doesn't exist anymore. I think you're okay, Yeah,
I don't think it'll affect I don't think it will
affect it at all.
Speaker 2 (17:19):
By the way, I have no idea if that's true
or not. I just made that up.
Speaker 1 (17:22):
And one of the things that people do when they
call in. Please take into account that most of the
time I make up the law. That's why I call
it marginal legal advice. Jim, Hi, Jim, Welcome to handle
on the law.
Speaker 4 (17:37):
Hi Bill. I live in the long poke right next
to van work. Oh yeah, space for space. Yeah, and
I bought a home, brand new construction, just over eleven
years ago, and my double pane windows are now starting
to steam up because the seals are broken from all
(17:57):
the vibration from all the space. Lunch. Yeah, well, trying
to find that who is liable?
Speaker 2 (18:04):
Okay, you're anyway.
Speaker 1 (18:05):
Okay, you're going to argue that, uh is this who
launches the missiles? This is governmental missiles that are being
launched or private these?
Speaker 4 (18:15):
No, they're both, they're both, but the house shakes the
most because where they launched the SpaceX falcs.
Speaker 1 (18:22):
Okay, yeah, all right, Now that gets interesting because, uh,
here's what's going to be said.
Speaker 2 (18:27):
You let's say you start some kind of litigation.
Speaker 1 (18:30):
You're gonna make a claim with both uh and uh,
both of them are going to point the finger at
the other one. SpaceX is going to go, it's the
government does that, and the government is going to say
it's assuming. And when you start getting in with a government, man,
that's a joy in and of itself.
Speaker 8 (18:45):
Uh.
Speaker 2 (18:45):
You point, they point to SpaceX.
Speaker 1 (18:47):
And so you have two defendants, quote, one of them
being SpaceX, which of course has unlimited resources to fight
anything you ask, and then the other one is the
United States government. So you make a claim, you'll probably
my guess is you probably aren't going to go any place.
Speaker 2 (19:09):
I mean, the government's going to shut you down. SpaceX
is going to tell you to go pound Sandu.
Speaker 1 (19:14):
You have homeowners insurance, I'm assuming, right, Jim, Yeah, Yeah,
that's where you want to go first.
Speaker 2 (19:18):
Oh, absolutely, you want to go first to there.
Speaker 1 (19:20):
If you can get the homeowners to pop up for that,
you are absolutely home free. Other than that, you would
think that both the government and SpaceX one or the
other would be liable. But man, what do you do
small claims court against the US government? That's not going
to happen.
Speaker 4 (19:38):
And well, I have a feeling because it's it's several windows,
it's not just one or two.
Speaker 1 (19:43):
I'm yeah, but no. But here's the problem. You can't
go this small claims court against the US government. It
doesn't work that way from what I understand. You can't
bring them in. I've never heard of the federal government
being brought in as a defendant in small claims court
because the rules regulations is federal law.
Speaker 2 (20:04):
Anybody can kick up.
Speaker 1 (20:05):
For example, let's say you go after SpaceX and you
see them in small claims court. First thing, they just
kick it up to they kick it up to superior court.
And now you're looking at superior court and you're looking
at all the rules of evidence, you're following the rules
of the court. I mean, it's crazy stuff.
Speaker 2 (20:20):
Make the claim.
Speaker 1 (20:21):
It's not going to help go to your insurance company
and see if you can get that. Otherwise it becomes
nightmare City guaranteed.
Speaker 2 (20:31):
Angie, Hi, Angie.
Speaker 9 (20:32):
Okay, this situation involves two quarties. I took my car.
Speaker 7 (20:40):
To get four new tires to a place, and this
the Kicker place, don't do alignment. So they have a
program there where they refer you to some places and
you get in person off. So I took my place
there for the alignment right after the next day, after
(21:01):
I got my new tires.
Speaker 9 (21:03):
So so come to find.
Speaker 7 (21:07):
Out that this place that the alignment, they didn't have
the proper equipment after doing some research on.
Speaker 9 (21:14):
My own to do the alignment okay on a German car, Okay.
Speaker 4 (21:22):
And so.
Speaker 9 (21:24):
I noticed the last month my car was running rough,
but I didn't know.
Speaker 4 (21:30):
What it was.
Speaker 2 (21:31):
Hangd on, hang on, hang on, Hold on a second, Angie.
Speaker 1 (21:35):
When you said they didn't have the equipment to do
the alignment, and yet you hire them to do the
alignment and they didn't tell you.
Speaker 9 (21:43):
That they didn't know, You didn't know, they didn't know
they okay, So.
Speaker 1 (21:47):
You okay, So you they didn't tell you that they
didn't have the appropriate equipment, and you didn't know they
didn't have it.
Speaker 2 (21:55):
You just hire them to do the alignment correct.
Speaker 9 (21:58):
Correct, Okay, trusting institution.
Speaker 6 (22:01):
You know, I get it.
Speaker 2 (22:02):
I understand. I understand, yabol I understand. So then so then.
Speaker 9 (22:08):
I don't drive my car that much. So after four
thousand miles exactly a.
Speaker 7 (22:14):
Little less than four thousand miles on those on that alignment.
So then I just happened to bring my car to
the dealer for oil change. And you know, they do
the walk around and they send you the video on
your phone that place, the dealer, and so.
Speaker 9 (22:37):
They told me my back one of my back tires
was really bad.
Speaker 1 (22:43):
Okay, so I wore out, Okay, all right, and you
can connect the alignment which wasn't done properly, to the
fact that your tires have worn out sooner than they should.
Speaker 2 (22:54):
Okay, the connection is yeah, okay. So what's your question, Angie?
Speaker 9 (22:57):
Okay, I need because I had just replaced.
Speaker 2 (23:02):
Understand, So I get it. I get what's your question, Angie?
Speaker 9 (23:05):
Who should be responsible the alignment place?
Speaker 2 (23:09):
The alignment place?
Speaker 9 (23:11):
Now who refer?
Speaker 2 (23:13):
Yeah you can you can see them both. Yeah, you
can argue that.
Speaker 1 (23:17):
Now here's here's the defense that the dealership has is
we just send our we refer over to that alignment company.
Speaker 2 (23:26):
That's what we do. That's what they do. We have
a relationship with them.
Speaker 7 (23:29):
And we don't a dealer. I didn't replace my tires
at the dealership. I took my car okay, oil change.
Speaker 2 (23:36):
Got it? And you went to all right, so you
went to just someplace that does oil correct.
Speaker 9 (23:40):
I took it to the BMW dealer for oil change.
Speaker 1 (23:44):
Okay, Okay, I understand that's how you found out. So
the original hold on a second, Angie, I'm losing interest here.
You took it to a place to get tires they
referred you to or you get it. You took it
to a place to get tires, they referred you to
an alignment place.
Speaker 2 (24:02):
Okay.
Speaker 1 (24:03):
And the alignment place screwed up and they didn't have
the proper equipment to do the alignment, and your wheels
wore out sooner. That's the bottom line, correct, And you're
asking who is responsible? Starts with the alignment place. They
had no business doing your alignment at all because they
didn't have the proper equipment. Secondarily, secondarily, where you bought
(24:26):
your tires, who referred you.
Speaker 2 (24:29):
To the alignment place?
Speaker 1 (24:30):
And the argument's going to be, Hey, you know this
is a German car, and you either knew or should
have known. The alignment place doesn't do doesn't have the
equipment to align this car. That's a little flake here. Okay,
that's a little bit flake here. I mean there's there's
a causal thing there. The alignment place is absolutely responsible
for the wear and terry.
Speaker 2 (24:49):
You go after them.
Speaker 9 (24:50):
Okay, so I want to go to a small place.
Speaker 4 (24:54):
You do the.
Speaker 9 (24:56):
Boat at the same time.
Speaker 1 (24:58):
Yeah, you can assume they assumed both of the saint time.
He can't do one at a time. Assume both the
same time. You have two defendants. Yeah, you got two
on the time. No, I understand, Now, I understand. All right,
thank you.
Speaker 2 (25:10):
We're done with that.
Speaker 1 (25:12):
This is handle on the Law. Welcome back to handle
on the law. Marginal legal add vice. Hi, Sarah, welcome
to handle on the law.
Speaker 2 (25:25):
What can I do for you?
Speaker 9 (25:28):
Hi?
Speaker 2 (25:28):
I was wondering.
Speaker 10 (25:30):
My husband passed away and in his will he left
everything to our eight year old daughter and made his
niece the executor. But I'm his wife, and I was wondering.
It's in the City of California, entitled to like anything
after probates over. It's already been almost three years.
Speaker 1 (25:46):
Yeah, it depends. There's a lot of it depends. In
this one when he the property he owned, was.
Speaker 3 (25:53):
It all his.
Speaker 10 (25:56):
Yes, it was under his name.
Speaker 2 (25:57):
Okay, but it was all of it was For example,
what was left money? Property? Stocks?
Speaker 9 (26:04):
What property?
Speaker 10 (26:07):
About a two million dollar house that we purchased when
we were married, and then there was also about four
million dollars in stocks and then the td Water house.
They said it was a cood. So I have access
to that as a as the mother of our child.
Speaker 2 (26:26):
So all right, let me ask this. Let me ask this.
Speaker 1 (26:29):
The properties that you mentioned one of them or the
house was purchased during your marriage, yes, okay, and it was.
Speaker 2 (26:37):
In your husband's name, correct?
Speaker 9 (26:39):
Correct?
Speaker 1 (26:40):
Did you pay for any of it? Did you come
up with any down payment? Did you have any community?
Speaker 2 (26:46):
Were you working?
Speaker 10 (26:48):
Yes? They worked for his company. He was a doctor
in the house before that. He put me as an
owner of the house and then we sold the house. Okay,
then we use the money to buy this property.
Speaker 2 (26:59):
All right, Sarah, Let me ask you.
Speaker 1 (27:01):
You said, this is three years later and probate is
already done and the money has been distributed.
Speaker 7 (27:08):
No, not yet.
Speaker 10 (27:09):
Probate's still going on right now?
Speaker 2 (27:10):
Okay, good, all right, all right.
Speaker 1 (27:14):
For the kind of money you're talking about, and based
on what you're saying, when you hang up on me
or I hang up on you, you should literally get
hold of a probate and a state attorney like.
Speaker 2 (27:26):
That this minute.
Speaker 10 (27:29):
Because one, yeah, I have one already, it just keeps
dragging on and on and on it.
Speaker 2 (27:34):
Then get another one, then get another one. Okay, yeah,
just get another attorney. I'm assuming is your attorney charging
you or is it a contingency.
Speaker 9 (27:45):
Yeah, he's charging me.
Speaker 10 (27:46):
I'm already like thirty thousand.
Speaker 1 (27:48):
In wow, talk to another Okay, at this point, you've
got to talk to another attorney.
Speaker 4 (27:52):
Now.
Speaker 1 (27:52):
It could be that you say he's dragging this out.
Probates are notoriously slow. I mean they can go on
four years literally, So yeah, no, it's a drag. So
you want to go and get a probate attorney and look,
at least get a second opinion with someone else, because
(28:15):
if it's been three.
Speaker 10 (28:15):
Years and nothing is happening, yeah, nothing's happening. I need
to make some repairs to the house as well, and
so I am not too sure, like how to go.
Speaker 2 (28:25):
Are you living in the Are you living in the house?
Speaker 10 (28:28):
Yeah, it's me and are five kids, but he left it.
Speaker 1 (28:32):
Wow, okay, yeah you've got yeah, yes, yes, yes, go
Please talk to a probate and a state lawyer because
there's something really hinky about this that was really weird. Yeah,
the five kids and it's me and I need repairs.
You would think the estate would pay for that. And
it's yeah, there's something going on which doesn't make it
doesn't make a lot of sense.
Speaker 2 (28:51):
Marty, Hello, Marty, Hey Bill.
Speaker 9 (28:54):
Yeah, So I got a question I the other day.
Speaker 11 (28:57):
I just got a bill from a collection in seeing
the mail for like nineteen hundred dollars for storage and
towing of a vehicle that I sold two and a
half years ago. So I called them up and they said,
I said, I had, you know, I went online when
I sold the vehicle, and I have you know, I
printed out on my computer. And they said, well, that's
(29:20):
not good enough. I need one from DMB, you know,
a document from DMV. So I said, fine, I'll get
it from DMV. So I called DMV and I got
the farm and I put in the mail. But then
I called them back, well you have to have it
in thirty days. I said, well, DMB says it's can
be thirty to forty five days. They said, well, fer Law, no,
(29:41):
you have to have it to us in thirty days.
Speaker 3 (29:45):
So what what do I do?
Speaker 1 (29:47):
Both, Well, what you do is you tell them you're
going to get in thirty to forty five days, because
that's as long as DMV it takes.
Speaker 2 (29:55):
DMV. Now if it turns out, what do they plan
on doing? Just throwing you in collections and doing what
with that?
Speaker 11 (30:02):
Well, you know, I didn't get that stage.
Speaker 5 (30:04):
I just said I'm working on.
Speaker 2 (30:05):
Okay, but what are they think?
Speaker 4 (30:06):
Righting?
Speaker 2 (30:07):
Okay, you have to have it within thirty days?
Speaker 4 (30:09):
Was there?
Speaker 2 (30:09):
And or what after that?
Speaker 7 (30:13):
Now?
Speaker 11 (30:13):
I didn't ask them what you know I'm liable for.
I was just getting upset and I didn't want.
Speaker 8 (30:18):
To talk to them.
Speaker 9 (30:18):
They said, this is being recorded.
Speaker 11 (30:20):
I said, well, I'm you know, I'm working on it,
but I'm.
Speaker 2 (30:23):
Just gonna yeah, just call them back and just I'd
let them know it's going to take longer.
Speaker 4 (30:27):
Thirty days.
Speaker 1 (30:28):
That's it, you know, here's my application to the DMV.
Here we go and I'm doing everything, and what can
they do? All? They can do is file a lawsuit.
They can ding your credit. Okay, and they can file
a lawsuit. Now, if they file a lawsuit and you
come up with it at thirty five days, a judge's
gonna get very angry with them, especially if you're letting
them know what's going on.
Speaker 2 (30:48):
If they ding your credit, you are.
Speaker 1 (30:51):
It's a little bit iffy because it says, you know,
thirty days, that's our policy.
Speaker 2 (30:55):
You have to have it.
Speaker 1 (30:56):
You came in at thirty one, and there are people
out there that if you're minutes late, they're gonna nail you.
Speaker 2 (31:03):
And you're gonna try to fight it.
Speaker 4 (31:05):
Go.
Speaker 1 (31:05):
Hey, you know, it had to be at nine o'clock
on Friday morning and you came in at nine oh eight.
Speaker 4 (31:12):
There.
Speaker 1 (31:12):
But you know, we'll see what kind of jerks they are.
But you have to find out what they want, you know,
just i'd call them back and go or what it's
gonna take thirty to forty five days.
Speaker 11 (31:19):
Yeah, I think you're gonna be okay, Okay, Yeah, I
just said yes, you know, okay, just.
Speaker 1 (31:26):
Send it to them and see what they do at
that point. All right, let me tell you about your
bad breath, and man, you have plenty of it, we
all do.
Speaker 4 (31:35):
So let me.
Speaker 2 (31:36):
Suggest a way out of it.
Speaker 1 (31:37):
With the Zelman's Minty Mouthman's tiny little capsules that you swallow.
First of all, there's mint coated. They're coated with mint.
You suck on the mint, then they're gone.
Speaker 2 (31:48):
The mint is gone. Then you swallow or bite into
them in the.
Speaker 1 (31:50):
Parsley seed oil and the capsules goes to work inside
the gut and other mints don't do that.
Speaker 2 (31:55):
And that works on bad breath and if you have
dry out that helps. And also they just make you
feel good.
Speaker 1 (32:02):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours with Zelman's vinte Mouthmans, these things really work.
Speaker 2 (32:10):
So let me suggest you get a hold of.
Speaker 1 (32:11):
Zelman's Zelmans dot com z E L M I n
s dot com fifteen percent off when you use the
code handle at checkout and take advantage of the fifteen
percent Zelmans dot Com.
Speaker 2 (32:25):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 1 (32:30):
Catch my show Monday through Friday six am to nine
am and anytime on
Speaker 2 (32:35):
Demand on the iHeartRadio app
You're listenings KFI AM six forty the bill Handles show
on demand on the iHeartRadio f This is Handle on
the Law marginal Legal Advice, where I tell you you
have absolutely no case. If you're injured and need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to join our team because
(00:21):
people desperately need your help, go to handle on the
Law dot com and click on the Joint Today tab
at the top of the page.
Speaker 2 (00:28):
The following US up here recorded program.
Speaker 1 (00:31):
The Governor of California, Gavin Newsom, signed a bill that
requires large health insurance companies to cover in vitro fertilization.
Speaker 2 (00:40):
Now this is my wheelhouse, and I have.
Speaker 1 (00:44):
Been involved in vitro fertilization in my world of surrogacy
since the early eighties, and IVF was so brand new.
I mean I remember the first test two baby, and
that was nineteen seventy eight, and two years later I'm
jumping into this and here was the problem, and it's
(01:04):
always been a problem, is that insurance companies never thought
infertility was a medical issue. It wasn't a sickness, it
wasn't a disease. It wasn't a syndrome of any kind.
So anything you did with in vitual fertilization was voluntary
(01:25):
and it was well, you were on your own. Massachusetts
was the first state that said, oh no, no, you got
to cover IVF. And that's acceptance that there is something
medically wrong if someone is infertile. In other words, it
is a disease and it has to be treated, and
insurance companies have to cover it, and insurance companies have
(01:47):
said no, no, no for years. Republicans are certainly not
big fans of IVF, and that goes right into the
world of and when is a person a person? And
keep in mind what is IVF. IVF is you the harvest,
that's what they call it, eggs from a woman after
(02:09):
giving being given drug superovulation, and then the eggs are
retrieved put in this petrie dish, which by the way,
IVF in vitro is glass dish, and so the fertilization
takes place. You have the eggs, the sperm specimen is
put in the petri dish, and then it creates an
(02:30):
embryo because the two have a way of connecting. And
then that embryo at the eight cell sixteen cell thirty
two cell stages, it goes back into the woman or
to a surrogate and planet it and begins to grow.
And a lot of people are against in vitro fertilization
because what do you do with the eggs are left
over if the first go round takes Oh my god,
(02:51):
there are people you can't can't destroy them.
Speaker 2 (02:54):
You can't give it.
Speaker 1 (02:55):
You know, you could give them away so other people
can utilize those embryos. But it's a mess. It's a bess.
It's a mess morally, it's a mess ethically. But the
point is infertile couple couples want to half kids, and
here's the technology. And the insurance company don't doesn't view
this anything other.
Speaker 2 (03:15):
Than an elective procedure.
Speaker 1 (03:17):
That's like them saying broken bones if you play baseball,
it's your fault if you fall and break your bones,
We're not going to cover that because well it's really
not a problem. That's what they're saying. And now California says, boom,
you're done. You must that's to the insurance company, you
(03:40):
must cover in vitro fertilization. I have been fighting for
this since nineteen eighty and I am thrilled finally, because
families that would come to me, couples that would come
to me to help them create families. The cost is
astronomical and a lot of it is IVF.
Speaker 2 (04:00):
So good news on that front. Okay, I'll buy it.
Speaker 1 (04:04):
Let's go ahead and take some phone calls. Hey, Rodney,
welcome to handle on the law.
Speaker 3 (04:11):
As regarding the trust, we have three siblings. One sibling
is the trustee, the other siblings are beneficiaries. The two
beneficiaries are pretty much going to be homeless here soon.
Are begging for money from the trust. However, the property
in the trust has not been sold and there's no
money to distribute. They're asking us to front them money
(04:36):
and they will take themselves out of the trust.
Speaker 2 (04:39):
Okay, So what's your question.
Speaker 3 (04:40):
I want to know if that's legal. They take themselves
out of the trust and be paid outside of the trust?
Speaker 2 (04:46):
Sure? Sure? And how do you do that? Okay? Here's
that you just do? I deal with them. You write
a contract.
Speaker 1 (04:51):
There are beneficiaries of the trust and they're saying, we
give up all our interests in the trust if we
receive X number of dollars as long as they're represented
by an attorney. That's really important, Rodney, because they're going
to come back and say, oh, we didn't understand. The
other issue is are the is it the beneficiaries of
the trusts that are being asked to front the money?
Speaker 3 (05:13):
It is the trustee who is also a beneficiary.
Speaker 1 (05:18):
Okay, And the trustee is being asked to front the
money personally.
Speaker 2 (05:23):
Yes, okay, yeah, you can do that. You can do that.
Speaker 4 (05:25):
Sure.
Speaker 2 (05:26):
How much money are we talking about here, Rodney.
Speaker 3 (05:30):
Well, each would end up with about one hundred thousand.
We're guessing it's the household. But right now we're talking
about Hey, you know what, here's fifty thousand dollars now,
and all right it's a gamble.
Speaker 2 (05:41):
Okay, So.
Speaker 1 (05:43):
Now it can be done. There's no problem legally. I mean,
that's that's an easy one. The problem is going to
be their position and their rights and your obligations. Because
let's say they are calling me and ask the same question.
What I say is, listen, number one, you have to
(06:04):
get an attorney. And I'm telling you, Rodney, that they're
going to be able to argue it was coercion and dress.
You knew that we were homeless, you took advantage of that.
And we're getting far less than we should have gotten.
An attorney drafting that contract will go through it and
(06:29):
carefully crafted and say, as the property is not sold yet,
and by the way, the trustee has full control over
when the property is sold, and they will argue, assuming
they get fifty and they would have gotten one hundred,
they will argue that the trustee held off on selling
the property for the purpose of getting a benefit. And
(06:53):
as trustee there is a big duty a beneficiary, a
duty to the beneficiaries. So it is legal number one.
It is certainly possible. And this is where you really
need an attorney to craft this thing, because you have
to make sure that coercion can't be argued.
Speaker 2 (07:12):
You have to make sure that.
Speaker 1 (07:14):
Advantage wasn't taken, that they weren't taken advantage of. You
have to say that they approached, they approached the trustee.
Speaker 2 (07:23):
So the answer is yes, but be really careful, man.
There there's a thin line here.
Speaker 3 (07:29):
So that's an attorney that drafted this trust.
Speaker 2 (07:33):
Go back to the attorney. Then go back to the attorney.
That attorney.
Speaker 3 (07:36):
Yep, have the true Can we can we all three
be represented by that attorney?
Speaker 2 (07:41):
Probably not? Probably not because.
Speaker 3 (07:44):
They have no money to get an attorney.
Speaker 1 (07:45):
They can you can pay for it in them, Yeah,
you can pay for it. Yeah, you say, you know.
Part of it is, you know, let's say it would
be fifty thousand dollars that they would get.
Speaker 2 (07:56):
Now it's going to be forty seven thousand dollars.
Speaker 3 (07:58):
Because well we're not we're not, so we're not trying
to shorten No.
Speaker 2 (08:02):
I understand.
Speaker 1 (08:03):
But what I'm saying is they're going to need an attorney.
And it may not be and it may be that
you get an attorney, they get an attorney and the
estate itself. I don't know if that attorney can even
draft draft the contract because that attorney represents the represents
the trust itself. So this is where you sit This
(08:24):
is where you sit down with the attorney. First thing,
you go to the attorney who drafted the contract or
drafted the trust and say this is what we want
to do, can you do it? And he may very
well be able to do it, but I guarantee you
the attorney's going to say, the beneficiaries who are giving
up money to get or giving up the potential money
when the sale house are and are giving that up
(08:47):
for less money. Now, man, they have to be represented
and they have to know exactly what's going on to
protect you and whatever attorney represents you, go to that attorney,
go to the attorney who drafted.
Speaker 2 (08:59):
The original try and just it down.
Speaker 1 (09:01):
Ask him exactly these questions and you should be okay.
This is handle on the law. Welcome back to handle
on the law.
Speaker 4 (09:14):
Art Hello, art, hey Bill. Yeah, hey.
Speaker 5 (09:18):
Less than four years ago, I had cataract surgery implants
put in and the right one had a scratch and
took it out, placed it right there on the spot
with another one. It was off centered. I went back
a year later, had the one centered again. They wanted
to do a basis surgery on.
Speaker 4 (09:37):
The right eye.
Speaker 5 (09:38):
I declined. I called and asked if I maybe had
a case for malpractice. I didn't do any history on
the young man that did the surgery, which I should
have had. I should have taken up more serious. I
just went in for a prescription for contacts and he
told me i'd be blind three to four months. I
(09:58):
wouldn't be able to see. Well, it's just getting hard
for me to read my tape measure right now. So
do I still have a case?
Speaker 4 (10:05):
Yeah?
Speaker 1 (10:05):
I think you do based on the repair I think
you do. I would have liked you, you know, but
there's going to be a statute issue, I think because
you have three years from the initial discovery of what's wrong,
but then he performed another procedure, and if it was
to fix the previous procedure, I think you may.
Speaker 2 (10:25):
Have a case.
Speaker 1 (10:26):
Yeah, it's I think you have to contact a medical
malpractice attorney, because that's straight.
Speaker 2 (10:33):
Out if you're going blind.
Speaker 1 (10:35):
Yeah, those are big damages.
Speaker 2 (10:39):
Hey Christine, Hello.
Speaker 6 (10:42):
Yes, okay, I have an IRA and I'm retired.
Speaker 3 (10:49):
And everything, and it has beneficiaries on it, and I
don't have enough money to do a living trust or anything.
Speaker 7 (10:58):
So all I have is not well.
Speaker 6 (11:02):
Well, because I thought you I'd have five hundred thousand.
Speaker 1 (11:04):
No, no, no, no, no, no, you can. You can
have five dollars and have a living trust.
Speaker 4 (11:10):
No oh no.
Speaker 2 (11:11):
There are certain wealth.
Speaker 1 (11:12):
Management people people who ask who run investments for you,
run your money and say, here's a minimum of five
hundred thousand. But absolutely not. You can easily. Of course
five hundred thousand is that's a chunk of money. I
get phone calls constantly here on the show where people go,
how do I get involved in the trust, how do
I write one?
Speaker 2 (11:32):
Well, how much money I got? Two fifty? I got
one hundred.
Speaker 1 (11:36):
I go, yeah, absolutely, that's real money. So the answer is, yes,
you can.
Speaker 2 (11:40):
I wouldn't worry about that. Judy, Hi, Judy, you're up. Welcome,
Thank you.
Speaker 6 (11:48):
My husband and I were driving in his BMW and
the four to five going north and we hit a
very large pothole and it thrashed two tires right the
back right. How to be towed? Cost us well over
eleven to replace the two tires. How do we go
(12:10):
about getting reimbursed from the city?
Speaker 2 (12:13):
You file a claim is what you have to do.
Speaker 1 (12:17):
That's for starters, and they they actually get so many
complaints that they're they're actually even forms that they have
for well, I mean they always have had forms.
Speaker 2 (12:26):
Finally, acclaiming in the city.
Speaker 1 (12:28):
Just a quick aside, what BMW model does your husband have?
Speaker 4 (12:33):
It's an eight fifty.
Speaker 1 (12:35):
I whoa, okay, nuts, Yeah, those tires are pretty expensive.
Now you missed you missed the funeral, I'm assuming right
we were.
Speaker 6 (12:48):
On our way to the funeral. Actually we did.
Speaker 1 (12:52):
Yeah, did you I mean, were you able to go
to the funeral?
Speaker 6 (12:56):
Yes?
Speaker 2 (12:56):
Okay, how'd you get to the funeral?
Speaker 8 (12:59):
The funeral?
Speaker 6 (13:00):
We didn't because it was we were like just getting
off the off ramp, close to the off ramp, okay,
and we didn't realize it. And we went in and
we went to the funeral, and then we got into
our car to leave the funeral. We got this flashing
on the screen.
Speaker 1 (13:17):
All right, right, so.
Speaker 2 (13:20):
Offended at all? You were fine with.
Speaker 6 (13:22):
Whoever doing no? I think she was probably laughing.
Speaker 1 (13:25):
Okay, excellent. Yes, you actually get a claim form from
the city.
Speaker 4 (13:31):
What this is?
Speaker 2 (13:33):
You were on the four or five probably the city
of Los Angeles. Correct, Yes, okay, so the city Los Angeles.
You go on the city website.
Speaker 1 (13:43):
And you'll be able to navigate through and there will
be claims against the city, and you file it and
you make a claim and then of course they're going
to say no, because they all say they always say no. Judy,
h Yeah, it's it's it's a given. I mean I
have seen claims where arborous for the city. You know,
(14:03):
those people that take care of trees on city property.
They had chain saws and the chain saw dropped, uh
that someone was walking on the sidewalk and literally sawed
off someone's leg and they made a claim and the
city said no, because you have another leg, you can
hop Okay, I'm exaggerating, right, but they they do say no.
(14:28):
I mean, be prepared for that. And then you appeal it. Uh,
and then there are all kinds of things. But in
the end they are responsible, there's no question about it.
Speaker 2 (14:36):
Judy. It's just going through all the hoops that you
have to go through. But in the end you'll see.
And then you'll see she got how long ago did
this happen?
Speaker 4 (14:48):
Toddy?
Speaker 6 (14:51):
A week and a half ago?
Speaker 1 (14:52):
Oh, you're fine, Yeah, you're fine. You have to make
a claim within six months and you obviously are fine.
Go ahead and make the claim and you just go
through the rigama role and it's never easy, but you've
got to do that, all right. Let me tell you
about your business life. The less your business spends on
delivering your product or service, the more margin you have. Simply,
(15:14):
the more money you make. Everything is more expensive these days,
go out to lunch. Costs have gone up on materials
and employees and distribution and borrowing.
Speaker 2 (15:23):
And you can reduce those costs.
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Speaker 2 (15:35):
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Speaker 2 (16:20):
This is handle on the law.
Speaker 3 (16:23):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (16:29):
This is handle on the law.
Speaker 1 (16:32):
Marginal legal advice. When I tell you you have absolutely
no case, heck man, I have.
Speaker 8 (16:39):
An SAHA approved reverse mortgage alone. It's about a year
and a half old with several thousand dollars line of
credit available for me to withdraw at will the HIA
may not be able to renew their certification, and I'm
wondering could that affect my future withdrawals.
Speaker 2 (16:58):
I don't think so, because I I think you would
be grandfathered in.
Speaker 1 (17:02):
That's I can't imagine them all of a sudden, whatever
financial abilities you have to deal with that reverse mortgage
because certain certain certification doesn't exist anymore. I think you're okay, Yeah,
I don't think it'll affect I don't think it will
affect it at all.
Speaker 2 (17:19):
By the way, I have no idea if that's true
or not. I just made that up.
Speaker 1 (17:22):
And one of the things that people do when they
call in. Please take into account that most of the
time I make up the law. That's why I call
it marginal legal advice. Jim, Hi, Jim, Welcome to handle
on the law.
Speaker 4 (17:37):
Hi Bill. I live in the long poke right next
to van work. Oh yeah, space for space. Yeah, and
I bought a home, brand new construction, just over eleven
years ago, and my double pane windows are now starting
to steam up because the seals are broken from all
(17:57):
the vibration from all the space. Lunch. Yeah, well, trying
to find that who is liable?
Speaker 2 (18:04):
Okay, you're anyway.
Speaker 1 (18:05):
Okay, you're going to argue that, uh is this who
launches the missiles? This is governmental missiles that are being
launched or private these?
Speaker 4 (18:15):
No, they're both, they're both, but the house shakes the
most because where they launched the SpaceX falcs.
Speaker 1 (18:22):
Okay, yeah, all right, Now that gets interesting because, uh,
here's what's going to be said.
Speaker 2 (18:27):
You let's say you start some kind of litigation.
Speaker 1 (18:30):
You're gonna make a claim with both uh and uh,
both of them are going to point the finger at
the other one. SpaceX is going to go, it's the
government does that, and the government is going to say
it's assuming. And when you start getting in with a government, man,
that's a joy in and of itself.
Speaker 8 (18:45):
Uh.
Speaker 2 (18:45):
You point, they point to SpaceX.
Speaker 1 (18:47):
And so you have two defendants, quote, one of them
being SpaceX, which of course has unlimited resources to fight
anything you ask, and then the other one is the
United States government. So you make a claim, you'll probably
my guess is you probably aren't going to go any place.
Speaker 2 (19:09):
I mean, the government's going to shut you down. SpaceX
is going to tell you to go pound Sandu.
Speaker 1 (19:14):
You have homeowners insurance, I'm assuming, right, Jim, Yeah, Yeah,
that's where you want to go first.
Speaker 2 (19:18):
Oh, absolutely, you want to go first to there.
Speaker 1 (19:20):
If you can get the homeowners to pop up for that,
you are absolutely home free. Other than that, you would
think that both the government and SpaceX one or the
other would be liable. But man, what do you do
small claims court against the US government? That's not going
to happen.
Speaker 4 (19:38):
And well, I have a feeling because it's it's several windows,
it's not just one or two.
Speaker 1 (19:43):
I'm yeah, but no. But here's the problem. You can't
go this small claims court against the US government. It
doesn't work that way from what I understand. You can't
bring them in. I've never heard of the federal government
being brought in as a defendant in small claims court
because the rules regulations is federal law.
Speaker 2 (20:04):
Anybody can kick up.
Speaker 1 (20:05):
For example, let's say you go after SpaceX and you
see them in small claims court. First thing, they just
kick it up to they kick it up to superior court.
And now you're looking at superior court and you're looking
at all the rules of evidence, you're following the rules
of the court. I mean, it's crazy stuff.
Speaker 2 (20:20):
Make the claim.
Speaker 1 (20:21):
It's not going to help go to your insurance company
and see if you can get that. Otherwise it becomes
nightmare City guaranteed.
Speaker 2 (20:31):
Angie, Hi, Angie.
Speaker 9 (20:32):
Okay, this situation involves two quarties. I took my car.
Speaker 7 (20:40):
To get four new tires to a place, and this
the Kicker place, don't do alignment. So they have a
program there where they refer you to some places and
you get in person off. So I took my place
there for the alignment right after the next day, after
(21:01):
I got my new tires.
Speaker 9 (21:03):
So so come to find.
Speaker 7 (21:07):
Out that this place that the alignment, they didn't have
the proper equipment after doing some research on.
Speaker 9 (21:14):
My own to do the alignment okay on a German car, Okay.
Speaker 4 (21:22):
And so.
Speaker 9 (21:24):
I noticed the last month my car was running rough,
but I didn't know.
Speaker 4 (21:30):
What it was.
Speaker 2 (21:31):
Hangd on, hang on, hang on, Hold on a second, Angie.
Speaker 1 (21:35):
When you said they didn't have the equipment to do
the alignment, and yet you hire them to do the
alignment and they didn't tell you.
Speaker 9 (21:43):
That they didn't know, You didn't know, they didn't know
they okay, So.
Speaker 1 (21:47):
You okay, So you they didn't tell you that they
didn't have the appropriate equipment, and you didn't know they
didn't have it.
Speaker 2 (21:55):
You just hire them to do the alignment correct.
Speaker 9 (21:58):
Correct, Okay, trusting institution.
Speaker 6 (22:01):
You know, I get it.
Speaker 2 (22:02):
I understand. I understand, yabol I understand. So then so then.
Speaker 9 (22:08):
I don't drive my car that much. So after four
thousand miles exactly a.
Speaker 7 (22:14):
Little less than four thousand miles on those on that alignment.
So then I just happened to bring my car to
the dealer for oil change. And you know, they do
the walk around and they send you the video on
your phone that place, the dealer, and so.
Speaker 9 (22:37):
They told me my back one of my back tires
was really bad.
Speaker 1 (22:43):
Okay, so I wore out, Okay, all right, and you
can connect the alignment which wasn't done properly, to the
fact that your tires have worn out sooner than they should.
Speaker 2 (22:54):
Okay, the connection is yeah, okay. So what's your question, Angie?
Speaker 9 (22:57):
Okay, I need because I had just replaced.
Speaker 2 (23:02):
Understand, So I get it. I get what's your question, Angie?
Speaker 9 (23:05):
Who should be responsible the alignment place?
Speaker 2 (23:09):
The alignment place?
Speaker 9 (23:11):
Now who refer?
Speaker 2 (23:13):
Yeah you can you can see them both. Yeah, you
can argue that.
Speaker 1 (23:17):
Now here's here's the defense that the dealership has is
we just send our we refer over to that alignment company.
Speaker 2 (23:26):
That's what we do. That's what they do. We have
a relationship with them.
Speaker 7 (23:29):
And we don't a dealer. I didn't replace my tires
at the dealership. I took my car okay, oil change.
Speaker 2 (23:36):
Got it? And you went to all right, so you
went to just someplace that does oil correct.
Speaker 9 (23:40):
I took it to the BMW dealer for oil change.
Speaker 1 (23:44):
Okay, Okay, I understand that's how you found out. So
the original hold on a second, Angie, I'm losing interest here.
You took it to a place to get tires they
referred you to or you get it. You took it
to a place to get tires, they referred you to
an alignment place.
Speaker 2 (24:02):
Okay.
Speaker 1 (24:03):
And the alignment place screwed up and they didn't have
the proper equipment to do the alignment, and your wheels
wore out sooner. That's the bottom line, correct, And you're
asking who is responsible? Starts with the alignment place. They
had no business doing your alignment at all because they
didn't have the proper equipment. Secondarily, secondarily, where you bought
(24:26):
your tires, who referred you.
Speaker 2 (24:29):
To the alignment place?
Speaker 1 (24:30):
And the argument's going to be, Hey, you know this
is a German car, and you either knew or should
have known. The alignment place doesn't do doesn't have the
equipment to align this car. That's a little flake here. Okay,
that's a little bit flake here. I mean there's there's
a causal thing there. The alignment place is absolutely responsible
for the wear and terry.
Speaker 2 (24:49):
You go after them.
Speaker 9 (24:50):
Okay, so I want to go to a small place.
Speaker 4 (24:54):
You do the.
Speaker 9 (24:56):
Boat at the same time.
Speaker 1 (24:58):
Yeah, you can assume they assumed both of the saint time.
He can't do one at a time. Assume both the
same time. You have two defendants. Yeah, you got two
on the time. No, I understand, Now, I understand. All right,
thank you.
Speaker 2 (25:10):
We're done with that.
Speaker 1 (25:12):
This is handle on the Law. Welcome back to handle
on the law. Marginal legal add vice. Hi, Sarah, welcome
to handle on the law.
Speaker 2 (25:25):
What can I do for you?
Speaker 9 (25:28):
Hi?
Speaker 2 (25:28):
I was wondering.
Speaker 10 (25:30):
My husband passed away and in his will he left
everything to our eight year old daughter and made his
niece the executor. But I'm his wife, and I was wondering.
It's in the City of California, entitled to like anything
after probates over. It's already been almost three years.
Speaker 1 (25:46):
Yeah, it depends. There's a lot of it depends. In
this one when he the property he owned, was.
Speaker 3 (25:53):
It all his.
Speaker 10 (25:56):
Yes, it was under his name.
Speaker 2 (25:57):
Okay, but it was all of it was For example,
what was left money? Property? Stocks?
Speaker 9 (26:04):
What property?
Speaker 10 (26:07):
About a two million dollar house that we purchased when
we were married, and then there was also about four
million dollars in stocks and then the td Water house.
They said it was a cood. So I have access
to that as a as the mother of our child.
Speaker 2 (26:26):
So all right, let me ask this. Let me ask this.
Speaker 1 (26:29):
The properties that you mentioned one of them or the
house was purchased during your marriage, yes, okay, and it was.
Speaker 2 (26:37):
In your husband's name, correct?
Speaker 9 (26:39):
Correct?
Speaker 1 (26:40):
Did you pay for any of it? Did you come
up with any down payment? Did you have any community?
Speaker 2 (26:46):
Were you working?
Speaker 10 (26:48):
Yes? They worked for his company. He was a doctor
in the house before that. He put me as an
owner of the house and then we sold the house. Okay,
then we use the money to buy this property.
Speaker 2 (26:59):
All right, Sarah, Let me ask you.
Speaker 1 (27:01):
You said, this is three years later and probate is
already done and the money has been distributed.
Speaker 7 (27:08):
No, not yet.
Speaker 10 (27:09):
Probate's still going on right now?
Speaker 2 (27:10):
Okay, good, all right, all right.
Speaker 1 (27:14):
For the kind of money you're talking about, and based
on what you're saying, when you hang up on me
or I hang up on you, you should literally get
hold of a probate and a state attorney like.
Speaker 2 (27:26):
That this minute.
Speaker 10 (27:29):
Because one, yeah, I have one already, it just keeps
dragging on and on and on it.
Speaker 2 (27:34):
Then get another one, then get another one. Okay, yeah,
just get another attorney. I'm assuming is your attorney charging
you or is it a contingency.
Speaker 9 (27:45):
Yeah, he's charging me.
Speaker 10 (27:46):
I'm already like thirty thousand.
Speaker 1 (27:48):
In wow, talk to another Okay, at this point, you've
got to talk to another attorney.
Speaker 4 (27:52):
Now.
Speaker 1 (27:52):
It could be that you say he's dragging this out.
Probates are notoriously slow. I mean they can go on
four years literally, So yeah, no, it's a drag. So
you want to go and get a probate attorney and look,
at least get a second opinion with someone else, because
(28:15):
if it's been three.
Speaker 10 (28:15):
Years and nothing is happening, yeah, nothing's happening. I need
to make some repairs to the house as well, and
so I am not too sure, like how to go.
Speaker 2 (28:25):
Are you living in the Are you living in the house?
Speaker 10 (28:28):
Yeah, it's me and are five kids, but he left it.
Speaker 1 (28:32):
Wow, okay, yeah you've got yeah, yes, yes, yes, go
Please talk to a probate and a state lawyer because
there's something really hinky about this that was really weird. Yeah,
the five kids and it's me and I need repairs.
You would think the estate would pay for that. And
it's yeah, there's something going on which doesn't make it
doesn't make a lot of sense.
Speaker 2 (28:51):
Marty, Hello, Marty, Hey Bill.
Speaker 9 (28:54):
Yeah, So I got a question I the other day.
Speaker 11 (28:57):
I just got a bill from a collection in seeing
the mail for like nineteen hundred dollars for storage and
towing of a vehicle that I sold two and a
half years ago. So I called them up and they said,
I said, I had, you know, I went online when
I sold the vehicle, and I have you know, I
printed out on my computer. And they said, well, that's
(29:20):
not good enough. I need one from DMB, you know,
a document from DMV. So I said, fine, I'll get
it from DMV. So I called DMV and I got
the farm and I put in the mail. But then
I called them back, well you have to have it
in thirty days. I said, well, DMB says it's can
be thirty to forty five days. They said, well, fer Law, no,
(29:41):
you have to have it to us in thirty days.
Speaker 3 (29:45):
So what what do I do?
Speaker 1 (29:47):
Both, Well, what you do is you tell them you're
going to get in thirty to forty five days, because
that's as long as DMV it takes.
Speaker 2 (29:55):
DMV. Now if it turns out, what do they plan
on doing? Just throwing you in collections and doing what
with that?
Speaker 11 (30:02):
Well, you know, I didn't get that stage.
Speaker 5 (30:04):
I just said I'm working on.
Speaker 2 (30:05):
Okay, but what are they think?
Speaker 4 (30:06):
Righting?
Speaker 2 (30:07):
Okay, you have to have it within thirty days?
Speaker 4 (30:09):
Was there?
Speaker 2 (30:09):
And or what after that?
Speaker 7 (30:13):
Now?
Speaker 11 (30:13):
I didn't ask them what you know I'm liable for.
I was just getting upset and I didn't want.
Speaker 8 (30:18):
To talk to them.
Speaker 9 (30:18):
They said, this is being recorded.
Speaker 11 (30:20):
I said, well, I'm you know, I'm working on it,
but I'm.
Speaker 2 (30:23):
Just gonna yeah, just call them back and just I'd
let them know it's going to take longer.
Speaker 4 (30:27):
Thirty days.
Speaker 1 (30:28):
That's it, you know, here's my application to the DMV.
Here we go and I'm doing everything, and what can
they do? All? They can do is file a lawsuit.
They can ding your credit. Okay, and they can file
a lawsuit. Now, if they file a lawsuit and you
come up with it at thirty five days, a judge's
gonna get very angry with them, especially if you're letting
them know what's going on.
Speaker 2 (30:48):
If they ding your credit, you are.
Speaker 1 (30:51):
It's a little bit iffy because it says, you know,
thirty days, that's our policy.
Speaker 2 (30:55):
You have to have it.
Speaker 1 (30:56):
You came in at thirty one, and there are people
out there that if you're minutes late, they're gonna nail you.
Speaker 2 (31:03):
And you're gonna try to fight it.
Speaker 4 (31:05):
Go.
Speaker 1 (31:05):
Hey, you know, it had to be at nine o'clock
on Friday morning and you came in at nine oh eight.
Speaker 4 (31:12):
There.
Speaker 1 (31:12):
But you know, we'll see what kind of jerks they are.
But you have to find out what they want, you know,
just i'd call them back and go or what it's
gonna take thirty to forty five days.
Speaker 11 (31:19):
Yeah, I think you're gonna be okay, Okay, Yeah, I
just said yes, you know, okay, just.
Speaker 1 (31:26):
Send it to them and see what they do at
that point. All right, let me tell you about your
bad breath, and man, you have plenty of it, we
all do.
Speaker 4 (31:35):
So let me.
Speaker 2 (31:36):
Suggest a way out of it.
Speaker 1 (31:37):
With the Zelman's Minty Mouthman's tiny little capsules that you swallow.
First of all, there's mint coated. They're coated with mint.
You suck on the mint, then they're gone.
Speaker 2 (31:48):
The mint is gone. Then you swallow or bite into
them in the.
Speaker 1 (31:50):
Parsley seed oil and the capsules goes to work inside
the gut and other mints don't do that.
Speaker 2 (31:55):
And that works on bad breath and if you have
dry out that helps. And also they just make you
feel good.
Speaker 1 (32:02):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours with Zelman's vinte Mouthmans, these things really work.
Speaker 2 (32:10):
So let me suggest you get a hold of.
Speaker 1 (32:11):
Zelman's Zelmans dot com z E L M I n
s dot com fifteen percent off when you use the
code handle at checkout and take advantage of the fifteen
percent Zelmans dot Com.
Speaker 2 (32:25):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 1 (32:30):
Catch my show Monday through Friday six am to nine
am and anytime on
Speaker 2 (32:35):
Demand on the iHeartRadio app
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