Episode Transcript
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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 f.
Speaker 2 (00:09):
This is Handle on the Law marginal.
Speaker 1 (00:11):
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 people desperately need
your help, go to handle on the Law dot com
and click on the join today tab at the top
of the page.
Speaker 2 (00:29):
The following is up be recorded program.
Speaker 1 (00:31):
One of the things about California this is the aftermath
of the fires recently that not only was a national
international story, but certainly it was a local story here
in Los Angeles which took us took us for a
loop with the Altadena fire, the Pacific Palisades fire, and
a couple of other ones. And we're talking ten thousand homes,
(00:52):
sixteen thousand structures, I mean.
Speaker 2 (00:54):
Just crazy.
Speaker 1 (00:56):
So the majority of structures homes businesses had insurance, and
the claims were made virtually instantly in the lawsuits have
been filed. And the way it works in California, insurance
companies who want to raise their rates have to go
in front of the insurance commissioner. They cannot get a
(01:18):
raise in their rates unless the commissioner says yes. Now
you can imagine what the insurance companies are doing. This
is a story about State Farm, which is the largest
company in California that does home and business insurance, and
representatives from State Farm and Consumer Watchdog and the governor
(01:44):
or excuse me, and Ricardo Laura, the commissioner met in
person to discuss the insurance company's recent.
Speaker 2 (01:53):
Price hike request. What a shocker.
Speaker 1 (01:56):
They want more money because look at the number of claims.
So State Farm is looking at twenty two percent increase
for non tenant homeowners, fifteen percent for tenants renters, and
thirty eight percent for rental dwellings effective May one. So
(02:16):
State Farm and the parent company is asking the Department
of Insurance to immediately approve interim rates to help avert
and I'm going to quote a dire situation for the
more than two point eight million policies issued by State Farm.
Speaker 2 (02:31):
Consumer Watchdog has.
Speaker 1 (02:34):
Come in and said that the company seeks to charge
customers more not because it can't pay the wildfire claims,
but because it wants to protect its Wall Street credit rating.
Speaker 2 (02:46):
Oh what a shocker.
Speaker 1 (02:47):
It wants to protect itself from being a much less
valuable company. So the letter goes on and says State
Farm and the parent company have one hundred and ninety
four were billion dollars in surplus and reserves and they
have a double A rating, the second highest possible rating. Now,
(03:08):
this request for a hike in premiums by State Farm
comes after a request that came in last June wanting
thirty percent for homeowners, thirty six percent for condo owners,
fifty two percent for renters on average that is still
(03:31):
pending as the insurance commissioner is looking for this immediately
immediate rise in the.
Speaker 2 (03:39):
Cost of homeowners insurance.
Speaker 1 (03:42):
Bottom line is homeowner's insurance is going to cost more money.
Speaker 2 (03:46):
I mean, there's no way around it.
Speaker 1 (03:48):
The risks to build, to own, to rent here in
California is just insane.
Speaker 2 (03:54):
And that's just one of the costs.
Speaker 1 (03:55):
Now of living in southern California where I live. You
live with the traffic, you live with the cost of housing,
the cost of gasoline. Now it'll be the cost of
insurance which will be astronomical and stay there, But what
are the benefits? The best weather you can imagine in
(04:17):
the middle of winter. It's well today, middle of winter
is going to be seventy four degrees. For those of
you that are listening in Buffalo, New York or in
the Midwest, it's going to be seventy four degrees. All right,
let's take some phone calls, Norm High, Norm, welcome.
Speaker 3 (04:35):
Real quick auto condo.
Speaker 4 (04:37):
Many years ago in a retirement community. Below is a
privately owned golf course. At the time, there was a
little pond there that was well maintained and beautiful. Now
what's happened, basically is they've stopped the filtration of the pond.
It's mosquito infested rain water, and we literally cannot even
(04:59):
go a lot on our patio.
Speaker 2 (05:01):
Okay, Okay, ask.
Speaker 1 (05:03):
You a few questions here, Norm, who owns the pond
that piece of property?
Speaker 2 (05:08):
Who owns it?
Speaker 5 (05:09):
Big corporation that has lots of golf.
Speaker 1 (05:12):
Okay, So it's a privately owned it's a privately owned
golf course that has this pond on it which is
now mosquito infested.
Speaker 2 (05:21):
Right, Yes, Okay, you call building in safety.
Speaker 4 (05:26):
Okay, you call it help, called vector control, called the
city council law, and they're not doing anything.
Speaker 2 (05:34):
Nobody even the state. Okay, absolutely, they would you think
that they would take care of it all right?
Speaker 1 (05:41):
If you would actually get sick from a mosquito, there's
probably a lawsuit, although there's a defense. You can't prove
that you got sick from my mosquito and my property. Well,
the only way, based on the fact that no one's
going to do anything about it, is a group of
you because you don't want to do it on your own,
although you can is you ask for a court order.
(06:03):
It's a kind or restraining order, except it's a court
order mandating a certain activity or procedure, and the court
will mandate that they clean up that pond because it
is a health issue, and you have to bring in experts,
and I mean there's no question about that, because they're
(06:24):
going to say, no, we're fine, especially if it's a
big corporation.
Speaker 2 (06:27):
Nothing wrong with this. Let me ask you.
Speaker 1 (06:29):
Have you guys contacted the corporation and said, what are
you guys doing?
Speaker 4 (06:34):
At one time the association did that and they said,
if you guys wanted to be filtered and such, you
guys can pay for it.
Speaker 2 (06:44):
How much is that? How much would that cost?
Speaker 5 (06:46):
Oh?
Speaker 6 (06:46):
I have no idea.
Speaker 1 (06:47):
You know what it could be, because the only thing
I can think of is go to court and spend
a ton of money on attorneys.
Speaker 2 (06:55):
Yeah, force the issue. The other thing, association service.
Speaker 1 (06:59):
If it isn't that crazy, just sucks that up and
does it. How many units are you talking about in
the association?
Speaker 4 (07:05):
Well, the only units that are affected are basically two.
Speaker 2 (07:08):
Oh and see the problem. Yeah, oh yeah, yeah, you
get it, and you do auto to court.
Speaker 1 (07:17):
And since the association isn't affected and the other residents
homeowners aren't effective and only two of you, now you've got.
Speaker 2 (07:26):
Two against the big corporation. So it's an answer.
Speaker 1 (07:30):
Okay, one of you go there and videotape a mosquito.
Speaker 2 (07:40):
Leaving that pond and keeping that.
Speaker 1 (07:45):
Mosquito in the video so you can connect the dots.
Speaker 2 (07:49):
And then the mosquito bites one of you.
Speaker 1 (07:52):
You guess wes Nile and you die. Now you're talking
about a lawsuit.
Speaker 2 (07:57):
Probably yeah from the grave.
Speaker 7 (07:59):
I'm really Uh.
Speaker 1 (08:03):
If without without filing a lawsuit based on what you said, well,
with the authorities not wanting to get involved at all, uh,
now you could part of the lawsuit is uh the
court in fact orders Vector Control to deal with it.
Speaker 2 (08:20):
I don't know which way to.
Speaker 4 (08:21):
Go, but they have dealt with it, and they told
me that they cannot force them to do anything. And
they've they've proven that the mosquitoes are from that pun
they've done that for the last.
Speaker 1 (08:33):
They So you can have a situation that is deadly
and they say you can't do anything about it.
Speaker 4 (08:41):
For example, that's the Caveat Bill. The deadly part. No,
they're not uh infecting with anything. They're just allergic reactions
to mosquitoes, which prohibit you from being out there, so
you can't get that's quality alife.
Speaker 1 (08:59):
And wow, I mean this is who do you have
a mess on your hints and the legal and it
may not be a legal answer. I mean, the law
doesn't cover everything. Sometimes you're just screwed. And now you're
talking about mosquito repellent you're talking about I don't even know.
Speaker 3 (09:15):
None of that works.
Speaker 2 (09:16):
Oh man, none of it works. I don't know what
to tell we've even had plans.
Speaker 4 (09:20):
Is is adult protective services? Can they have any what?
Speaker 1 (09:26):
Any adult protective services? What does that mean?
Speaker 4 (09:28):
You know you're talking about senior senior community and people
are being I mean, there's no I.
Speaker 1 (09:34):
Don't I don't know if there's adult protective services, there
is even a department of Adult Protective Services.
Speaker 6 (09:39):
Well there is.
Speaker 1 (09:42):
That uh that a senior is in a different category
and is uh is a more protected category legally, And
I don't know.
Speaker 2 (09:52):
You can Yeah, I just have to call around. My god,
that's you know. Sometimes there's no answer. This is handle
on the law. Back we go for the end law.
Marginal legal ad advice.
Speaker 1 (10:05):
David.
Speaker 2 (10:06):
Hello, David, you're up. Welcome. Hi.
Speaker 3 (10:10):
Hi.
Speaker 8 (10:10):
What do you do when the bank that has a
safety deposit bucks with your will on moving trust in
burns down?
Speaker 2 (10:16):
Okay? Is this you or is hypothetical?
Speaker 6 (10:21):
It's me, but it's me.
Speaker 2 (10:24):
Okay. So now just a couple of questions before.
Speaker 1 (10:27):
I give you the easiest answer in the world. Is
that the only copy of the trust and will you had?
Speaker 8 (10:34):
I have terms of xerox copies.
Speaker 2 (10:36):
That's fine.
Speaker 1 (10:38):
Yeah, those will work, okay, And what you can do
is re notorize the trust and probably just have get
a wet signature from the same witnesses. Now, how about
just rewriting them so they become original again. You're still alive,
But David, you're still a lot. You can change it
(11:02):
in two seconds. You can change it every week if
you want.
Speaker 2 (11:07):
So, just go to the attorney, right the damn thing. Okay,
that's all. It's easy, piasy.
Speaker 1 (11:12):
You know you can always change it unless it's an
irre irrevocable trust, which basically no one uses no one has.
Speaker 2 (11:19):
Uh yeah, uh all right, Tim? Hi, Tim, welcome Hi Bill.
Speaker 7 (11:26):
Is it illegal for my tree to block the sun
to the neighbor solar panel? And Tim callim well.
Speaker 2 (11:34):
It is? It is?
Speaker 1 (11:35):
Is it illegal? It is not illegal. Everybody says can
you do it? No, But there's a big difference between
illegality and stopping someone or forcing someone to do it,
or upholding the CCNRS.
Speaker 2 (11:51):
So no, it is not illegal to do it. I mean,
you're not going to be arrested.
Speaker 1 (11:57):
However, your neighbor who has those solar panels will sue
you and say, hey, your panels or your tree is
getting in the way of my panels. Now, if your
tree is already above the level of where the sun
would come down on the solar panels, you can argue, hey,
(12:19):
you came in afterwards, but who's nuts enough to put
solar panels in when the trees in front are blocking it?
So it's going to be a lawsuit. It's going to
be a motion, and a judge will order you to
cut your trees down. And then the next question, and
then the next question is I don't spell very well,
very well, so and I'm not I don't write this
(12:40):
stuff down because I'm too lazy. So a presidential candidate
go through that again.
Speaker 2 (12:46):
What was your question?
Speaker 7 (12:48):
Tim Callum Carrion, US President.
Speaker 1 (12:52):
Tim Callum Carrion, US President, I don't know what that means.
Speaker 2 (12:57):
I thought Donald Trump is the US president.
Speaker 7 (13:00):
My missage in eight.
Speaker 2 (13:04):
Oh you you're Oh, you're pitching. Oh I get it.
Speaker 1 (13:08):
You're pitching someone that no one has ever heard of. Man,
you want someone who that should be president? According to
you and three other people?
Speaker 2 (13:19):
Do I have that right?
Speaker 7 (13:19):
I'm the one?
Speaker 2 (13:22):
How about this?
Speaker 1 (13:23):
What if I run for president and I say I'm
the best one, and I am at radio station and
I talked.
Speaker 2 (13:29):
To millions of people.
Speaker 1 (13:30):
So Tim, uh, And by the way, I still don't
know how to spell your name because I don't care.
All right, God, I love that I'm running for president.
Here's how to spell my name? How Tony, Hi, Tony.
Speaker 5 (13:54):
Welcome, hey Bill About a nineteen ninety four Crime Bill
A question for you. In nineteen ninety five, I was convicted.
The state statue says that it goes up to one
hundred grams of math. I had over one hundred grams.
Can I be convicted under that statue?
Speaker 2 (14:16):
What do you mean? Can you be convicted? Are they
charging you again? No?
Speaker 5 (14:21):
No, I'm trying to get my gun rights back.
Speaker 2 (14:22):
Are you already got convictioned? You already? You already have
a conviction on the books, right, yeah? Okay?
Speaker 1 (14:28):
And the one hundred and twelve thousand dollars?
Speaker 2 (14:31):
What restitution? Was it a fine? One hundred and twelve thousand?
Speaker 5 (14:36):
The state statue that they convicted me under, right, says
that they can do that up to one hundred grams?
Speaker 2 (14:43):
Okay, I got that, I understand, And now.
Speaker 8 (14:46):
Had I had one hundred and twelve.
Speaker 2 (14:49):
Okay by the state? Okay? When was the statue passed
after or before?
Speaker 1 (14:54):
You were convicted and fined one hundred and twelve thousand dollars?
Speaker 5 (14:59):
Well, I wasn't firing to anything.
Speaker 1 (15:01):
What was what was one hundred and twelve thousand dollars?
What was that restitution?
Speaker 6 (15:05):
One hundred and twelve grams?
Speaker 2 (15:07):
Oh, I'm sorry, my mistake, my mistake, one hundred and twelve.
I got it. Here's the deal.
Speaker 1 (15:12):
More than they can I understand that they can lower
the amount of the amount of meth you have in
order to have a conviction. In other words, let's say
now it's fifty grams, then it was one hundred grams.
Guess what if you are convicted before for one hundred grams,
(15:36):
you got nailed.
Speaker 2 (15:37):
This is why President.
Speaker 1 (15:39):
Biden issued twenty five hundred pardons for exactly this kind
of crime. So no, if you were convicted before the
law is passed, you got nailed on the old law,
You're you're done. You know, there were people in Texas
twenty years ago that got jail time for a joint
(16:01):
one joint and they went to prison and they're still
in prison unless their pardon or make a motion. So yeah,
you're kind of out of luck. All right, let me
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(16:21):
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Speaker 2 (16:27):
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Speaker 1 (16:31):
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Speaker 2 (17:27):
This is Handle on the Law. You're listening to bill
Handle on demand from KFI AM six forty. All right,
welcome back.
Speaker 1 (17:39):
Handle on the Law Marginal legal advice. I know you're
still talking to Mike, but let's put Oh now, let's
go to Bill. Hey Bill, welcome to handle.
Speaker 2 (17:50):
On the law.
Speaker 9 (17:51):
Good morning Bill. Yeah, my son was in a relationship
with a girl and they rented a house two years ago.
House was bad living conditions. They ended up suing the landlord.
They received a settlement this week. The lawyers sent out
an email and they had to do a docu sign to.
Speaker 3 (18:11):
Accept the money.
Speaker 5 (18:12):
My son never even saw the document.
Speaker 9 (18:16):
And his girlfriend ended up creating an email address that
looked very similar.
Speaker 2 (18:23):
Okay, god, it is all right. Did she get all
the money?
Speaker 9 (18:26):
She's got all the money?
Speaker 2 (18:28):
Okay, well, he sues her.
Speaker 6 (18:33):
Can we do simple?
Speaker 5 (18:34):
Can we do?
Speaker 6 (18:35):
Right?
Speaker 9 (18:36):
Can we do an RFO though in court to keep
her from spending that money until you get her in court.
Speaker 2 (18:40):
To say yeah, yeah, you can do it. An emergency order?
Speaker 1 (18:44):
You can do a one and just walk into court
and hopefully it's like a restraining order. Right, it's like
a abuseing order where the judge will grant a temporary
order stopping it right now, pending a hearing, because exactly
for a purpose like this, By the time a hearing
(19:04):
comes up in two weeks, three weeks, where both sides
are given a chance to argue their case.
Speaker 2 (19:08):
The money could already be spent.
Speaker 1 (19:10):
Yeah, you can also try because what she did is
commit a forgery, a criminal act.
Speaker 2 (19:16):
You can go to the DA, but do they really care?
Speaker 1 (19:19):
Not?
Speaker 2 (19:19):
Not much.
Speaker 1 (19:20):
How much money did she take that your son should
have had?
Speaker 9 (19:24):
Well, the settlement was fifteen thousands.
Speaker 1 (19:26):
Okay, so she took So she took the extra seventy
five hundred dollars. So there's your lawsuit, a small claim scored.
But at the same time, you go for the restraining order,
a temporary order.
Speaker 9 (19:38):
That's what you do, you know, okay?
Speaker 2 (19:40):
Yeah? Or does she have a dog? Does she have
a dog? Yeah? Does she dog? Okay?
Speaker 1 (19:47):
Well, okay, she has a dog. Now let's go in
that direction. It may not actually be legal.
Speaker 2 (19:55):
Does the dog like meat?
Speaker 9 (19:58):
The dog likes meat.
Speaker 2 (20:00):
I'm going with this, No, I don't. Okay, dog gone.
Speaker 1 (20:06):
The girlfriend has said next dog also gone until you
pay up. Now that is not legal advice, And I
don't know if I would follow it, but I would
get so pissed off I would do whatever I could.
Speaker 9 (20:20):
Is that along the lines of having Luigi knock.
Speaker 2 (20:22):
On the Yeah, pretty much?
Speaker 1 (20:23):
Yeah, yeah, yep, it's it's a Luigi answer you bet. Now,
just a quick word about these Luigi answers. I basically
joke about two different kinds of ways of going after
someone that is difficult to go legally.
Speaker 2 (20:38):
One, you kill their dog.
Speaker 1 (20:40):
And the more they love the dog, the better off
you're stronger your position.
Speaker 2 (20:46):
That's one.
Speaker 1 (20:47):
And during the course of divorces when I and typically
it's a male who calls me, the spouse says, my
wife is doing this, this, and this, and it's so unfair,
and it is you know, what do I do?
Speaker 6 (20:57):
Bill?
Speaker 2 (20:57):
It's going to take forever. I don't have money for
the attorney. You could kill your wife. It's just easier,
you know, do your four years.
Speaker 1 (21:04):
And the way to do it is you get a
friend of yours and you have a friend seducer, and
the two of them are in bed, and you break
in and you have a gun and you shoot her
and you'll do four years. Maybe you know because it's
a crime of passion. In other words, you reacted and
you really didn't know what you were doing. It does
out argument work sometimes, Okay, So now those are your
(21:28):
two choices, the dog or killing of the spouse. I
get emails, and the dog emails are about ten to
one versus the spouse emails.
Speaker 2 (21:42):
What does that tell you? It's the way it works.
You bet all right, Paul, Hello, Paul, welcome, Thank you,
Bill Sure.
Speaker 8 (21:54):
Nineteen eighty six. I was convicted of burglary, so I
got an expungement granted. Four years ago. I filed for
a governor's pardon, and last I was told a year
and a half ago. It's sitting on the governor's desk.
How long do I wait?
Speaker 2 (22:13):
As long as the governor wants? Okay, the governor has full.
Speaker 1 (22:19):
Complete pardon power, and there is no time limit. The
only thing that the governor has to be is the governor,
and after that can issue a pardon and sometimes last
day President Biden twenty five hundred dollars twenty five hundred
pardons last day.
Speaker 2 (22:39):
Every president goes last day stuff.
Speaker 1 (22:42):
And hopefully and the more you're either connected or the more,
the better you can make your case. Now here's what happens.
It's not he just goes to the governor. There is
a governor's committee, a pardon committee made up of people
use in the Department of Justice. First they recommend you
submit to them. They recommend, and it's just on the
(23:04):
Governor's desk.
Speaker 2 (23:06):
So, by the way, were you in prison for a
length of time.
Speaker 8 (23:11):
County jail only?
Speaker 2 (23:13):
For how long?
Speaker 8 (23:15):
Three months?
Speaker 2 (23:16):
Three months in county jail.
Speaker 1 (23:18):
Now, this is a personal question that I don't know
if I would answer, But is that when you became.
Speaker 3 (23:24):
Gay might have been all right?
Speaker 2 (23:29):
Yeah, that's good. I know that answer is the question?
Speaker 1 (23:32):
Oh right, Mike, Hello, Mike, welcome.
Speaker 6 (23:37):
Oh hi, Yeah, I have a property up in Santa
Rosa and the homeowners association just jumped by four hundred bucks.
So I called that's per month?
Speaker 2 (23:50):
Right, yes, okay?
Speaker 1 (23:52):
How much was it before the four hundred dollars?
Speaker 2 (23:57):
Okay? So they raised it from three hundred to seven hundred?
Speaker 6 (24:02):
Yes?
Speaker 5 (24:02):
WHOA?
Speaker 2 (24:03):
All right?
Speaker 6 (24:04):
And they say it's because of the the fire situation
up Okay, Well I guess you could say that, BUTA
is all right?
Speaker 2 (24:15):
Okay, So what's your question, Mike.
Speaker 3 (24:17):
Well, so she goes, well, hell, I'll sell the place right. Well,
she found out it's off it's off its foundation, ah
can so okay?
Speaker 6 (24:29):
So who does she go to?
Speaker 2 (24:32):
Nobody?
Speaker 1 (24:32):
Because nobody h o A, particularly under these circumstances, is able,
certainly legally unless the see CNRS say differently, Uh, they
can assess the homeowners any amount of money. I got
an assessment on my home that just knocked.
Speaker 2 (24:50):
Me for a loop.
Speaker 1 (24:52):
Uh, and it was completely crazy. We had a street
that went on there was an issue as to the
security people and my assessment with twenty nine thousand dollars.
Now they let me pay it over three years. But
can you imagine getting that perfectly legal? By the way,
there's no place to go to.
Speaker 2 (25:08):
Who does she go? Maybe the builder? How old is
the unit? How old is the community?
Speaker 6 (25:14):
About eighteen?
Speaker 1 (25:15):
Yeah, you see, they got a ten year and which
is automatic. You can sue a developer within ten years
of construction. Now you're past that, and it's hard to
argue defective building because it was round for eighteen years.
Speaker 2 (25:30):
Yeah. There's no place for her to go. There really isn't, so.
Speaker 6 (25:35):
Keep changing.
Speaker 1 (25:36):
Yeah, yeah, that's the way it works. She's out of luck.
I mean, my homeowner association. That's one of the reasons
I sold my house. Not only downsizing the HOA was
completely insane, but it was a small group of homes
and they wanted twenty four hour guards with a guard gate.
(26:00):
I mean, do you have any idea in thirty six homes,
any idea what that must cost a month, and what
it did.
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Speaker 6 (26:28):
Man.
Speaker 1 (26:28):
She knows it, and she does it heroically too, and
every episode ends with a message of hope. If I
were doing it, I'd tell you to go kill yourself.
Not with Lindsay, you'll understand. The show is about giving
pain purpose, as counterintuitive as it sounds. So wherever you
listen to podcasts, listen to The Pain Game Podcast. Season
three is just about to drop The Pain Game Podcast.
Speaker 2 (26:53):
This is Handle on the.
Speaker 1 (26:54):
Law, More Handles on the Law, Marginal Legal Addvice.
Speaker 2 (27:00):
Michael, Hello, Michael, you're.
Speaker 10 (27:02):
Up, Good morning. I got a question. Make it quick,
sweet and short.
Speaker 6 (27:07):
Okay.
Speaker 10 (27:09):
My brother has done thirty years in prison. He's gonna
be getting out in September. Now it's gonna be sixty two.
Speaker 6 (27:17):
Okay.
Speaker 10 (27:17):
The question is he able to file for Social Security
because that's gonna be his own.
Speaker 2 (27:23):
Yeah, that's a good question. First of all.
Speaker 1 (27:26):
Of course, as soon as you said thirty years in prison,
my first question is what did he do to get
thirty years in prison?
Speaker 5 (27:36):
Uh?
Speaker 10 (27:36):
Drugs, d U Y, manslaughter? Yeah, they just they threw
the book out of him.
Speaker 1 (27:41):
Wow do youI And he was charged with manslaughter?
Speaker 2 (27:46):
I guess vehicular manslaughter? Whoa? And he did thirty years?
How many people did he kill?
Speaker 3 (27:53):
Two that I know of?
Speaker 10 (27:54):
But this is thirty years ago, so you know, back
in the day, the laws were a little bit to No.
Speaker 2 (28:01):
Actually, back in the day, the laws were not tougher.
The laws were more.
Speaker 1 (28:04):
Lenient back in the day. Back in the day, it
was almost a slap on the wrist.
Speaker 2 (28:08):
No, maybe not when people died. But whoa.
Speaker 1 (28:11):
All right, So can you apply for social security? State
prison or federal prison?
Speaker 2 (28:17):
I'm assuming state?
Speaker 1 (28:21):
Yeah, uh, okay, that's state prison, correct, Yes, it is okay?
Speaker 2 (28:27):
All right.
Speaker 1 (28:27):
Uh, I'm a little bit confused as to state prison.
Speaker 2 (28:35):
Whether he can apply federal prison.
Speaker 1 (28:38):
You can, even if you are on social security in
federal prison, you don't get social security while you're in prison.
Speaker 2 (28:44):
Now, state prison is.
Speaker 10 (28:46):
Gonna be he's gonna be sixty two.
Speaker 2 (28:49):
No, I got that. I got that.
Speaker 1 (28:50):
But here and here is the question I have though, Uh,
if he is in prison for thirty years, he is
not working, or if he is working, he gets forty
cents an hour or whatever. So paying into yeah, paying
into the Social Security system. If you're putting in three
hundred dollars a year, you're not building up much of
(29:12):
a security benefit.
Speaker 2 (29:14):
You're not building up much of that fund for yourself.
Speaker 1 (29:17):
So even if he were to get it, it would
be minuscule.
Speaker 2 (29:22):
So, yeah, I think he's out of luck.
Speaker 6 (29:24):
Believe that.
Speaker 1 (29:24):
Yeah, he's gonna have to get a job of some
kind and go to I don't know, you know, go
to a fast food establishment or a job where they
don't care or they're willing to accept a felon that
has done thirty years.
Speaker 10 (29:41):
Yeah, got burgers early.
Speaker 1 (29:43):
Yeah maybe maybe, but he'll but at least you'll get
burgers to eat.
Speaker 2 (29:47):
Yeah, he's in a tough position. It is not easy.
That's an interesting question.
Speaker 1 (29:52):
That is, boy, that's tough because even if you can
get Social Security, remember you have to pay into this,
the soci Security system. And if you've never put in
money in so security system, how can you get paid?
Speaker 2 (30:04):
All right? Tom? Hello, Tom, welcome, good morning.
Speaker 6 (30:08):
I have an easy one for you.
Speaker 8 (30:10):
Okay, As an executive of a trust, shouldn't.
Speaker 2 (30:13):
No, you're either a trustee.
Speaker 1 (30:14):
You're either a trustee of a trust or an executor
of the will. So whatever, So let's call it. You're
a trustee, okay, of a trust.
Speaker 10 (30:21):
All right, I'm a trust I'm a trustee.
Speaker 8 (30:23):
Shouldn't I have a copy prior to any event?
Speaker 1 (30:26):
Of course, you should have a copy prior to whoever
wrote the trust dies.
Speaker 2 (30:30):
That's for a that's a good reason.
Speaker 1 (30:32):
And of course you should have a copy as the trustee,
because otherwise, how.
Speaker 2 (30:36):
Do you know? How do you know who's going to
distribute the trust? Who has a copy?
Speaker 1 (30:41):
I mean, if you don't have one, who's got one?
Speaker 6 (30:44):
My parent?
Speaker 2 (30:45):
My father?
Speaker 1 (30:46):
Okay, your father is your father? Is the trust store, right,
he's the one that made the trust?
Speaker 2 (30:52):
Correct?
Speaker 6 (30:53):
Correct?
Speaker 2 (30:53):
Okay?
Speaker 1 (30:54):
Yeah, I mean he should give you a copy, but
he doesn't have to. So as long as someone can
up the copy of the trust.
Speaker 2 (31:02):
Uh, then you Yeah, then you have the copy.
Speaker 1 (31:05):
If no one can find the trust, uh, then there
really is no trust. Then it sort of disappears, and
you go back to the rules of intestacy because you
have to know what's in the trust. You can't just say,
here's a trust, but we don't know what's in it,
so you have to distribute it as a trustee.
Speaker 2 (31:26):
So yeah, there has to be a you should have
a copy.
Speaker 1 (31:29):
Now, it could be that you don't have a copy
until he dies and then you are given a copy.
That is possible, okay, if he has made provisions. For example,
I've got a copy in a safe deposit box.
Speaker 2 (31:47):
Here's the key. Then that works. Let me tell you,
I got a scam coming in. I put my phone in,
put on.
Speaker 6 (31:54):
A silent.
Speaker 2 (31:57):
Usually answer these scams. Okay, but that's the answer.
Speaker 1 (32:01):
So and also, if you're a trust door, which I
am because I have a family trust, I have six
copies of the trust. The lawyer has one, the trustee
has one. I've given one to friends, I have one
in safe deposit box. I mean, there's no way that
trust isn't going to be around. Okay.
Speaker 2 (32:18):
Let me ask you a question.
Speaker 1 (32:20):
You wake up in the morning and you look in
the mirror, and before brushing your teeth, you can actually
see your breath.
Speaker 2 (32:28):
It's pretty disgusting.
Speaker 1 (32:29):
So let me suggest brushing your teeth, of course, and
but that goes away very quickly, that fresh, clean taste
and your breath smelling pretty good. Let me tell you
a better way, and that is with Zelman's minty Mouth mints. Boy,
does that take care of your bad breath? And I've
known these people who do Zelmends for over thirty years.
That really works. It's far stronger than any other mint.
(32:53):
It works better than the other men, not only in
your mouth, but in your gut where bad breath could start. Now,
if you're order three packs for more until February twenty eighth,
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you'll get fifteen percent off your order. If you order
three packs or more, go to Zelmans dot com Z
(33:14):
E L M I N S Zelmans dot com.
Speaker 2 (33:17):
This is Handle on the Law. You're listening to Bill
Handle on Demand from kf I A M six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f.
Speaker 2 (00:09):
This is Handle on the Law marginal.
Speaker 1 (00:11):
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 people desperately need
your help, go to handle on the Law dot com
and click on the join today tab at the top
of the page.
Speaker 2 (00:29):
The following is up be recorded program.
Speaker 1 (00:31):
One of the things about California this is the aftermath
of the fires recently that not only was a national
international story, but certainly it was a local story here
in Los Angeles which took us took us for a
loop with the Altadena fire, the Pacific Palisades fire, and
a couple of other ones. And we're talking ten thousand homes,
(00:52):
sixteen thousand structures, I mean.
Speaker 2 (00:54):
Just crazy.
Speaker 1 (00:56):
So the majority of structures homes businesses had insurance, and
the claims were made virtually instantly in the lawsuits have
been filed. And the way it works in California, insurance
companies who want to raise their rates have to go
in front of the insurance commissioner. They cannot get a
(01:18):
raise in their rates unless the commissioner says yes. Now
you can imagine what the insurance companies are doing. This
is a story about State Farm, which is the largest
company in California that does home and business insurance, and
representatives from State Farm and Consumer Watchdog and the governor
(01:44):
or excuse me, and Ricardo Laura, the commissioner met in
person to discuss the insurance company's recent.
Speaker 2 (01:53):
Price hike request. What a shocker.
Speaker 1 (01:56):
They want more money because look at the number of claims.
So State Farm is looking at twenty two percent increase
for non tenant homeowners, fifteen percent for tenants renters, and
thirty eight percent for rental dwellings effective May one. So
(02:16):
State Farm and the parent company is asking the Department
of Insurance to immediately approve interim rates to help avert
and I'm going to quote a dire situation for the
more than two point eight million policies issued by State Farm.
Speaker 2 (02:31):
Consumer Watchdog has.
Speaker 1 (02:34):
Come in and said that the company seeks to charge
customers more not because it can't pay the wildfire claims,
but because it wants to protect its Wall Street credit rating.
Speaker 2 (02:46):
Oh what a shocker.
Speaker 1 (02:47):
It wants to protect itself from being a much less
valuable company. So the letter goes on and says State
Farm and the parent company have one hundred and ninety
four were billion dollars in surplus and reserves and they
have a double A rating, the second highest possible rating. Now,
(03:08):
this request for a hike in premiums by State Farm
comes after a request that came in last June wanting
thirty percent for homeowners, thirty six percent for condo owners,
fifty two percent for renters on average that is still
(03:31):
pending as the insurance commissioner is looking for this immediately
immediate rise in the.
Speaker 2 (03:39):
Cost of homeowners insurance.
Speaker 1 (03:42):
Bottom line is homeowner's insurance is going to cost more money.
Speaker 2 (03:46):
I mean, there's no way around it.
Speaker 1 (03:48):
The risks to build, to own, to rent here in
California is just insane.
Speaker 2 (03:54):
And that's just one of the costs.
Speaker 1 (03:55):
Now of living in southern California where I live. You
live with the traffic, you live with the cost of housing,
the cost of gasoline. Now it'll be the cost of
insurance which will be astronomical and stay there, But what
are the benefits? The best weather you can imagine in
(04:17):
the middle of winter. It's well today, middle of winter
is going to be seventy four degrees. For those of
you that are listening in Buffalo, New York or in
the Midwest, it's going to be seventy four degrees. All right,
let's take some phone calls, Norm High, Norm, welcome.
Speaker 3 (04:35):
Real quick auto condo.
Speaker 4 (04:37):
Many years ago in a retirement community. Below is a
privately owned golf course. At the time, there was a
little pond there that was well maintained and beautiful. Now
what's happened, basically is they've stopped the filtration of the pond.
It's mosquito infested rain water, and we literally cannot even
(04:59):
go a lot on our patio.
Speaker 2 (05:01):
Okay, Okay, ask.
Speaker 1 (05:03):
You a few questions here, Norm, who owns the pond
that piece of property?
Speaker 2 (05:08):
Who owns it?
Speaker 5 (05:09):
Big corporation that has lots of golf.
Speaker 1 (05:12):
Okay, So it's a privately owned it's a privately owned
golf course that has this pond on it which is
now mosquito infested.
Speaker 2 (05:21):
Right, Yes, Okay, you call building in safety.
Speaker 4 (05:26):
Okay, you call it help, called vector control, called the
city council law, and they're not doing anything.
Speaker 2 (05:34):
Nobody even the state. Okay, absolutely, they would you think
that they would take care of it all right?
Speaker 1 (05:41):
If you would actually get sick from a mosquito, there's
probably a lawsuit, although there's a defense. You can't prove
that you got sick from my mosquito and my property. Well,
the only way, based on the fact that no one's
going to do anything about it, is a group of
you because you don't want to do it on your own,
although you can is you ask for a court order.
(06:03):
It's a kind or restraining order, except it's a court
order mandating a certain activity or procedure, and the court
will mandate that they clean up that pond because it
is a health issue, and you have to bring in experts,
and I mean there's no question about that, because they're
(06:24):
going to say, no, we're fine, especially if it's a
big corporation.
Speaker 2 (06:27):
Nothing wrong with this. Let me ask you.
Speaker 1 (06:29):
Have you guys contacted the corporation and said, what are
you guys doing?
Speaker 4 (06:34):
At one time the association did that and they said,
if you guys wanted to be filtered and such, you
guys can pay for it.
Speaker 2 (06:44):
How much is that? How much would that cost?
Speaker 5 (06:46):
Oh?
Speaker 6 (06:46):
I have no idea.
Speaker 1 (06:47):
You know what it could be, because the only thing
I can think of is go to court and spend
a ton of money on attorneys.
Speaker 2 (06:55):
Yeah, force the issue. The other thing, association service.
Speaker 1 (06:59):
If it isn't that crazy, just sucks that up and
does it. How many units are you talking about in
the association?
Speaker 4 (07:05):
Well, the only units that are affected are basically two.
Speaker 2 (07:08):
Oh and see the problem. Yeah, oh yeah, yeah, you
get it, and you do auto to court.
Speaker 1 (07:17):
And since the association isn't affected and the other residents
homeowners aren't effective and only two of you, now you've got.
Speaker 2 (07:26):
Two against the big corporation. So it's an answer.
Speaker 1 (07:30):
Okay, one of you go there and videotape a mosquito.
Speaker 2 (07:40):
Leaving that pond and keeping that.
Speaker 1 (07:45):
Mosquito in the video so you can connect the dots.
Speaker 2 (07:49):
And then the mosquito bites one of you.
Speaker 1 (07:52):
You guess wes Nile and you die. Now you're talking
about a lawsuit.
Speaker 2 (07:57):
Probably yeah from the grave.
Speaker 7 (07:59):
I'm really Uh.
Speaker 1 (08:03):
If without without filing a lawsuit based on what you said, well,
with the authorities not wanting to get involved at all, uh,
now you could part of the lawsuit is uh the
court in fact orders Vector Control to deal with it.
Speaker 2 (08:20):
I don't know which way to.
Speaker 4 (08:21):
Go, but they have dealt with it, and they told
me that they cannot force them to do anything. And
they've they've proven that the mosquitoes are from that pun
they've done that for the last.
Speaker 1 (08:33):
They So you can have a situation that is deadly
and they say you can't do anything about it.
Speaker 4 (08:41):
For example, that's the Caveat Bill. The deadly part. No,
they're not uh infecting with anything. They're just allergic reactions
to mosquitoes, which prohibit you from being out there, so
you can't get that's quality alife.
Speaker 1 (08:59):
And wow, I mean this is who do you have
a mess on your hints and the legal and it
may not be a legal answer. I mean, the law
doesn't cover everything. Sometimes you're just screwed. And now you're
talking about mosquito repellent you're talking about I don't even know.
Speaker 3 (09:15):
None of that works.
Speaker 2 (09:16):
Oh man, none of it works. I don't know what
to tell we've even had plans.
Speaker 4 (09:20):
Is is adult protective services? Can they have any what?
Speaker 1 (09:26):
Any adult protective services? What does that mean?
Speaker 4 (09:28):
You know you're talking about senior senior community and people
are being I mean, there's no I.
Speaker 1 (09:34):
Don't I don't know if there's adult protective services, there
is even a department of Adult Protective Services.
Speaker 6 (09:39):
Well there is.
Speaker 1 (09:42):
That uh that a senior is in a different category
and is uh is a more protected category legally, And
I don't know.
Speaker 2 (09:52):
You can Yeah, I just have to call around. My god,
that's you know. Sometimes there's no answer. This is handle
on the law. Back we go for the end law.
Marginal legal ad advice.
Speaker 1 (10:05):
David.
Speaker 2 (10:06):
Hello, David, you're up. Welcome. Hi.
Speaker 3 (10:10):
Hi.
Speaker 8 (10:10):
What do you do when the bank that has a
safety deposit bucks with your will on moving trust in
burns down?
Speaker 2 (10:16):
Okay? Is this you or is hypothetical?
Speaker 6 (10:21):
It's me, but it's me.
Speaker 2 (10:24):
Okay. So now just a couple of questions before.
Speaker 1 (10:27):
I give you the easiest answer in the world. Is
that the only copy of the trust and will you had?
Speaker 8 (10:34):
I have terms of xerox copies.
Speaker 2 (10:36):
That's fine.
Speaker 1 (10:38):
Yeah, those will work, okay, And what you can do
is re notorize the trust and probably just have get
a wet signature from the same witnesses. Now, how about
just rewriting them so they become original again. You're still alive,
But David, you're still a lot. You can change it
(11:02):
in two seconds. You can change it every week if
you want.
Speaker 2 (11:07):
So, just go to the attorney, right the damn thing. Okay,
that's all. It's easy, piasy.
Speaker 1 (11:12):
You know you can always change it unless it's an
irre irrevocable trust, which basically no one uses no one has.
Speaker 2 (11:19):
Uh yeah, uh all right, Tim? Hi, Tim, welcome Hi Bill.
Speaker 7 (11:26):
Is it illegal for my tree to block the sun
to the neighbor solar panel? And Tim callim well.
Speaker 2 (11:34):
It is? It is?
Speaker 1 (11:35):
Is it illegal? It is not illegal. Everybody says can
you do it? No, But there's a big difference between
illegality and stopping someone or forcing someone to do it,
or upholding the CCNRS.
Speaker 2 (11:51):
So no, it is not illegal to do it. I mean,
you're not going to be arrested.
Speaker 1 (11:57):
However, your neighbor who has those solar panels will sue
you and say, hey, your panels or your tree is
getting in the way of my panels. Now, if your
tree is already above the level of where the sun
would come down on the solar panels, you can argue, hey,
(12:19):
you came in afterwards, but who's nuts enough to put
solar panels in when the trees in front are blocking it?
So it's going to be a lawsuit. It's going to
be a motion, and a judge will order you to
cut your trees down. And then the next question, and
then the next question is I don't spell very well,
very well, so and I'm not I don't write this
(12:40):
stuff down because I'm too lazy. So a presidential candidate
go through that again.
Speaker 2 (12:46):
What was your question?
Speaker 7 (12:48):
Tim Callum Carrion, US President.
Speaker 1 (12:52):
Tim Callum Carrion, US President, I don't know what that means.
Speaker 2 (12:57):
I thought Donald Trump is the US president.
Speaker 7 (13:00):
My missage in eight.
Speaker 2 (13:04):
Oh you you're Oh, you're pitching. Oh I get it.
Speaker 1 (13:08):
You're pitching someone that no one has ever heard of. Man,
you want someone who that should be president? According to
you and three other people?
Speaker 2 (13:19):
Do I have that right?
Speaker 7 (13:19):
I'm the one?
Speaker 2 (13:22):
How about this?
Speaker 1 (13:23):
What if I run for president and I say I'm
the best one, and I am at radio station and
I talked.
Speaker 2 (13:29):
To millions of people.
Speaker 1 (13:30):
So Tim, uh, And by the way, I still don't
know how to spell your name because I don't care.
All right, God, I love that I'm running for president.
Here's how to spell my name? How Tony, Hi, Tony.
Speaker 5 (13:54):
Welcome, hey Bill About a nineteen ninety four Crime Bill
A question for you. In nineteen ninety five, I was convicted.
The state statue says that it goes up to one
hundred grams of math. I had over one hundred grams.
Can I be convicted under that statue?
Speaker 2 (14:16):
What do you mean? Can you be convicted? Are they
charging you again? No?
Speaker 5 (14:21):
No, I'm trying to get my gun rights back.
Speaker 2 (14:22):
Are you already got convictioned? You already? You already have
a conviction on the books, right, yeah? Okay?
Speaker 1 (14:28):
And the one hundred and twelve thousand dollars?
Speaker 2 (14:31):
What restitution? Was it a fine? One hundred and twelve thousand?
Speaker 5 (14:36):
The state statue that they convicted me under, right, says
that they can do that up to one hundred grams?
Speaker 2 (14:43):
Okay, I got that, I understand, And now.
Speaker 8 (14:46):
Had I had one hundred and twelve.
Speaker 2 (14:49):
Okay by the state? Okay? When was the statue passed
after or before?
Speaker 1 (14:54):
You were convicted and fined one hundred and twelve thousand dollars?
Speaker 5 (14:59):
Well, I wasn't firing to anything.
Speaker 1 (15:01):
What was what was one hundred and twelve thousand dollars?
What was that restitution?
Speaker 6 (15:05):
One hundred and twelve grams?
Speaker 2 (15:07):
Oh, I'm sorry, my mistake, my mistake, one hundred and twelve.
I got it. Here's the deal.
Speaker 1 (15:12):
More than they can I understand that they can lower
the amount of the amount of meth you have in
order to have a conviction. In other words, let's say
now it's fifty grams, then it was one hundred grams.
Guess what if you are convicted before for one hundred grams,
(15:36):
you got nailed.
Speaker 2 (15:37):
This is why President.
Speaker 1 (15:39):
Biden issued twenty five hundred pardons for exactly this kind
of crime. So no, if you were convicted before the
law is passed, you got nailed on the old law,
You're you're done. You know, there were people in Texas
twenty years ago that got jail time for a joint
(16:01):
one joint and they went to prison and they're still
in prison unless their pardon or make a motion. So yeah,
you're kind of out of luck. All right, let me
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(16:21):
is more expensive these days. I just went out to dinner.
I could not believe what it costs to go out
to dinner. I mean it used to be.
Speaker 2 (16:27):
A fifteen dollars entree. Now it's twenty two.
Speaker 1 (16:31):
Costs have gone up on materials, employees, distribution, borrowing, I
mean across the border.
Speaker 2 (16:36):
So how about.
Speaker 1 (16:36):
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Speaker 2 (16:57):
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Speaker 1 (16:59):
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Speaker 2 (17:03):
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Speaker 2 (17:09):
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Speaker 1 (17:10):
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Speaker 2 (17:19):
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Speaker 2 (17:27):
This is Handle on the Law. You're listening to bill
Handle on demand from KFI AM six forty. All right,
welcome back.
Speaker 1 (17:39):
Handle on the Law Marginal legal advice. I know you're
still talking to Mike, but let's put Oh now, let's
go to Bill. Hey Bill, welcome to handle.
Speaker 2 (17:50):
On the law.
Speaker 9 (17:51):
Good morning Bill. Yeah, my son was in a relationship
with a girl and they rented a house two years ago.
House was bad living conditions. They ended up suing the landlord.
They received a settlement this week. The lawyers sent out
an email and they had to do a docu sign to.
Speaker 3 (18:11):
Accept the money.
Speaker 5 (18:12):
My son never even saw the document.
Speaker 9 (18:16):
And his girlfriend ended up creating an email address that
looked very similar.
Speaker 2 (18:23):
Okay, god, it is all right. Did she get all
the money?
Speaker 9 (18:26):
She's got all the money?
Speaker 2 (18:28):
Okay, well, he sues her.
Speaker 6 (18:33):
Can we do simple?
Speaker 5 (18:34):
Can we do?
Speaker 6 (18:35):
Right?
Speaker 9 (18:36):
Can we do an RFO though in court to keep
her from spending that money until you get her in court.
Speaker 2 (18:40):
To say yeah, yeah, you can do it. An emergency order?
Speaker 1 (18:44):
You can do a one and just walk into court
and hopefully it's like a restraining order. Right, it's like
a abuseing order where the judge will grant a temporary
order stopping it right now, pending a hearing, because exactly
for a purpose like this, By the time a hearing
(19:04):
comes up in two weeks, three weeks, where both sides
are given a chance to argue their case.
Speaker 2 (19:08):
The money could already be spent.
Speaker 1 (19:10):
Yeah, you can also try because what she did is
commit a forgery, a criminal act.
Speaker 2 (19:16):
You can go to the DA, but do they really care?
Speaker 1 (19:19):
Not?
Speaker 2 (19:19):
Not much.
Speaker 1 (19:20):
How much money did she take that your son should
have had?
Speaker 9 (19:24):
Well, the settlement was fifteen thousands.
Speaker 1 (19:26):
Okay, so she took So she took the extra seventy
five hundred dollars. So there's your lawsuit, a small claim scored.
But at the same time, you go for the restraining order,
a temporary order.
Speaker 9 (19:38):
That's what you do, you know, okay?
Speaker 2 (19:40):
Yeah? Or does she have a dog? Does she have
a dog? Yeah? Does she dog? Okay?
Speaker 1 (19:47):
Well, okay, she has a dog. Now let's go in
that direction. It may not actually be legal.
Speaker 2 (19:55):
Does the dog like meat?
Speaker 9 (19:58):
The dog likes meat.
Speaker 2 (20:00):
I'm going with this, No, I don't. Okay, dog gone.
Speaker 1 (20:06):
The girlfriend has said next dog also gone until you
pay up. Now that is not legal advice, And I
don't know if I would follow it, but I would
get so pissed off I would do whatever I could.
Speaker 9 (20:20):
Is that along the lines of having Luigi knock.
Speaker 2 (20:22):
On the Yeah, pretty much?
Speaker 1 (20:23):
Yeah, yeah, yep, it's it's a Luigi answer you bet. Now,
just a quick word about these Luigi answers. I basically
joke about two different kinds of ways of going after
someone that is difficult to go legally.
Speaker 2 (20:38):
One, you kill their dog.
Speaker 1 (20:40):
And the more they love the dog, the better off
you're stronger your position.
Speaker 2 (20:46):
That's one.
Speaker 1 (20:47):
And during the course of divorces when I and typically
it's a male who calls me, the spouse says, my
wife is doing this, this, and this, and it's so unfair,
and it is you know, what do I do?
Speaker 6 (20:57):
Bill?
Speaker 2 (20:57):
It's going to take forever. I don't have money for
the attorney. You could kill your wife. It's just easier,
you know, do your four years.
Speaker 1 (21:04):
And the way to do it is you get a
friend of yours and you have a friend seducer, and
the two of them are in bed, and you break
in and you have a gun and you shoot her
and you'll do four years. Maybe you know because it's
a crime of passion. In other words, you reacted and
you really didn't know what you were doing. It does
out argument work sometimes, Okay, So now those are your
(21:28):
two choices, the dog or killing of the spouse. I
get emails, and the dog emails are about ten to
one versus the spouse emails.
Speaker 2 (21:42):
What does that tell you? It's the way it works.
You bet all right, Paul, Hello, Paul, welcome, Thank you,
Bill Sure.
Speaker 8 (21:54):
Nineteen eighty six. I was convicted of burglary, so I
got an expungement granted. Four years ago. I filed for
a governor's pardon, and last I was told a year
and a half ago. It's sitting on the governor's desk.
How long do I wait?
Speaker 2 (22:13):
As long as the governor wants? Okay, the governor has full.
Speaker 1 (22:19):
Complete pardon power, and there is no time limit. The
only thing that the governor has to be is the governor,
and after that can issue a pardon and sometimes last
day President Biden twenty five hundred dollars twenty five hundred
pardons last day.
Speaker 2 (22:39):
Every president goes last day stuff.
Speaker 1 (22:42):
And hopefully and the more you're either connected or the more,
the better you can make your case. Now here's what happens.
It's not he just goes to the governor. There is
a governor's committee, a pardon committee made up of people
use in the Department of Justice. First they recommend you
submit to them. They recommend, and it's just on the
(23:04):
Governor's desk.
Speaker 2 (23:06):
So, by the way, were you in prison for a
length of time.
Speaker 8 (23:11):
County jail only?
Speaker 2 (23:13):
For how long?
Speaker 8 (23:15):
Three months?
Speaker 2 (23:16):
Three months in county jail.
Speaker 1 (23:18):
Now, this is a personal question that I don't know
if I would answer, But is that when you became.
Speaker 3 (23:24):
Gay might have been all right?
Speaker 2 (23:29):
Yeah, that's good. I know that answer is the question?
Speaker 1 (23:32):
Oh right, Mike, Hello, Mike, welcome.
Speaker 6 (23:37):
Oh hi, Yeah, I have a property up in Santa
Rosa and the homeowners association just jumped by four hundred bucks.
So I called that's per month?
Speaker 2 (23:50):
Right, yes, okay?
Speaker 1 (23:52):
How much was it before the four hundred dollars?
Speaker 2 (23:57):
Okay? So they raised it from three hundred to seven hundred?
Speaker 6 (24:02):
Yes?
Speaker 5 (24:02):
WHOA?
Speaker 2 (24:03):
All right?
Speaker 6 (24:04):
And they say it's because of the the fire situation
up Okay, Well I guess you could say that, BUTA
is all right?
Speaker 2 (24:15):
Okay, So what's your question, Mike.
Speaker 3 (24:17):
Well, so she goes, well, hell, I'll sell the place right. Well,
she found out it's off it's off its foundation, ah
can so okay?
Speaker 6 (24:29):
So who does she go to?
Speaker 2 (24:32):
Nobody?
Speaker 1 (24:32):
Because nobody h o A, particularly under these circumstances, is able,
certainly legally unless the see CNRS say differently, Uh, they
can assess the homeowners any amount of money. I got
an assessment on my home that just knocked.
Speaker 2 (24:50):
Me for a loop.
Speaker 1 (24:52):
Uh, and it was completely crazy. We had a street
that went on there was an issue as to the
security people and my assessment with twenty nine thousand dollars.
Now they let me pay it over three years. But
can you imagine getting that perfectly legal? By the way,
there's no place to go to.
Speaker 2 (25:08):
Who does she go? Maybe the builder? How old is
the unit? How old is the community?
Speaker 6 (25:14):
About eighteen?
Speaker 1 (25:15):
Yeah, you see, they got a ten year and which
is automatic. You can sue a developer within ten years
of construction. Now you're past that, and it's hard to
argue defective building because it was round for eighteen years.
Speaker 2 (25:30):
Yeah. There's no place for her to go. There really isn't, so.
Speaker 6 (25:35):
Keep changing.
Speaker 1 (25:36):
Yeah, yeah, that's the way it works. She's out of luck.
I mean, my homeowner association. That's one of the reasons
I sold my house. Not only downsizing the HOA was
completely insane, but it was a small group of homes
and they wanted twenty four hour guards with a guard gate.
(26:00):
I mean, do you have any idea in thirty six homes,
any idea what that must cost a month, and what
it did.
Speaker 2 (26:06):
Now, If you live in chronic pain.
Speaker 1 (26:10):
Or you know someone who does, let me suggest you
listen to The Pain Game podcast. This is about people
who have lived with, dealt with, have treated those people
living in pain, in pain guests who are experts who suffer.
The host, Lindsay Soprano, deals with chronic pain twenty four
to seven.
Speaker 6 (26:28):
Man.
Speaker 1 (26:28):
She knows it, and she does it heroically too, and
every episode ends with a message of hope. If I
were doing it, I'd tell you to go kill yourself.
Not with Lindsay, you'll understand. The show is about giving
pain purpose, as counterintuitive as it sounds. So wherever you
listen to podcasts, listen to The Pain Game Podcast. Season
three is just about to drop The Pain Game Podcast.
Speaker 2 (26:53):
This is Handle on the.
Speaker 1 (26:54):
Law, More Handles on the Law, Marginal Legal Addvice.
Speaker 2 (27:00):
Michael, Hello, Michael, you're.
Speaker 10 (27:02):
Up, Good morning. I got a question. Make it quick,
sweet and short.
Speaker 6 (27:07):
Okay.
Speaker 10 (27:09):
My brother has done thirty years in prison. He's gonna
be getting out in September. Now it's gonna be sixty two.
Speaker 6 (27:17):
Okay.
Speaker 10 (27:17):
The question is he able to file for Social Security
because that's gonna be his own.
Speaker 2 (27:23):
Yeah, that's a good question. First of all.
Speaker 1 (27:26):
Of course, as soon as you said thirty years in prison,
my first question is what did he do to get
thirty years in prison?
Speaker 5 (27:36):
Uh?
Speaker 10 (27:36):
Drugs, d U Y, manslaughter? Yeah, they just they threw
the book out of him.
Speaker 1 (27:41):
Wow do youI And he was charged with manslaughter?
Speaker 2 (27:46):
I guess vehicular manslaughter? Whoa? And he did thirty years?
How many people did he kill?
Speaker 3 (27:53):
Two that I know of?
Speaker 10 (27:54):
But this is thirty years ago, so you know, back
in the day, the laws were a little bit to No.
Speaker 2 (28:01):
Actually, back in the day, the laws were not tougher.
The laws were more.
Speaker 1 (28:04):
Lenient back in the day. Back in the day, it
was almost a slap on the wrist.
Speaker 2 (28:08):
No, maybe not when people died. But whoa.
Speaker 1 (28:11):
All right, So can you apply for social security? State
prison or federal prison?
Speaker 2 (28:17):
I'm assuming state?
Speaker 1 (28:21):
Yeah, uh, okay, that's state prison, correct, Yes, it is okay?
Speaker 2 (28:27):
All right.
Speaker 1 (28:27):
Uh, I'm a little bit confused as to state prison.
Speaker 2 (28:35):
Whether he can apply federal prison.
Speaker 1 (28:38):
You can, even if you are on social security in
federal prison, you don't get social security while you're in prison.
Speaker 2 (28:44):
Now, state prison is.
Speaker 10 (28:46):
Gonna be he's gonna be sixty two.
Speaker 2 (28:49):
No, I got that. I got that.
Speaker 1 (28:50):
But here and here is the question I have though, Uh,
if he is in prison for thirty years, he is
not working, or if he is working, he gets forty
cents an hour or whatever. So paying into yeah, paying
into the Social Security system. If you're putting in three
hundred dollars a year, you're not building up much of
(29:12):
a security benefit.
Speaker 2 (29:14):
You're not building up much of that fund for yourself.
Speaker 1 (29:17):
So even if he were to get it, it would
be minuscule.
Speaker 2 (29:22):
So, yeah, I think he's out of luck.
Speaker 6 (29:24):
Believe that.
Speaker 1 (29:24):
Yeah, he's gonna have to get a job of some
kind and go to I don't know, you know, go
to a fast food establishment or a job where they
don't care or they're willing to accept a felon that
has done thirty years.
Speaker 10 (29:41):
Yeah, got burgers early.
Speaker 1 (29:43):
Yeah maybe maybe, but he'll but at least you'll get
burgers to eat.
Speaker 2 (29:47):
Yeah, he's in a tough position. It is not easy.
That's an interesting question.
Speaker 1 (29:52):
That is, boy, that's tough because even if you can
get Social Security, remember you have to pay into this,
the soci Security system. And if you've never put in
money in so security system, how can you get paid?
Speaker 2 (30:04):
All right? Tom? Hello, Tom, welcome, good morning.
Speaker 6 (30:08):
I have an easy one for you.
Speaker 8 (30:10):
Okay, As an executive of a trust, shouldn't.
Speaker 2 (30:13):
No, you're either a trustee.
Speaker 1 (30:14):
You're either a trustee of a trust or an executor
of the will. So whatever, So let's call it. You're
a trustee, okay, of a trust.
Speaker 10 (30:21):
All right, I'm a trust I'm a trustee.
Speaker 8 (30:23):
Shouldn't I have a copy prior to any event?
Speaker 1 (30:26):
Of course, you should have a copy prior to whoever
wrote the trust dies.
Speaker 2 (30:30):
That's for a that's a good reason.
Speaker 1 (30:32):
And of course you should have a copy as the trustee,
because otherwise, how.
Speaker 2 (30:36):
Do you know? How do you know who's going to
distribute the trust? Who has a copy?
Speaker 1 (30:41):
I mean, if you don't have one, who's got one?
Speaker 6 (30:44):
My parent?
Speaker 2 (30:45):
My father?
Speaker 1 (30:46):
Okay, your father is your father? Is the trust store, right,
he's the one that made the trust?
Speaker 2 (30:52):
Correct?
Speaker 6 (30:53):
Correct?
Speaker 2 (30:53):
Okay?
Speaker 1 (30:54):
Yeah, I mean he should give you a copy, but
he doesn't have to. So as long as someone can
up the copy of the trust.
Speaker 2 (31:02):
Uh, then you Yeah, then you have the copy.
Speaker 1 (31:05):
If no one can find the trust, uh, then there
really is no trust. Then it sort of disappears, and
you go back to the rules of intestacy because you
have to know what's in the trust. You can't just say,
here's a trust, but we don't know what's in it,
so you have to distribute it as a trustee.
Speaker 2 (31:26):
So yeah, there has to be a you should have
a copy.
Speaker 1 (31:29):
Now, it could be that you don't have a copy
until he dies and then you are given a copy.
That is possible, okay, if he has made provisions. For example,
I've got a copy in a safe deposit box.
Speaker 2 (31:47):
Here's the key. Then that works. Let me tell you,
I got a scam coming in. I put my phone in,
put on.
Speaker 6 (31:54):
A silent.
Speaker 2 (31:57):
Usually answer these scams. Okay, but that's the answer.
Speaker 1 (32:01):
So and also, if you're a trust door, which I
am because I have a family trust, I have six
copies of the trust. The lawyer has one, the trustee
has one. I've given one to friends, I have one
in safe deposit box. I mean, there's no way that
trust isn't going to be around. Okay.
Speaker 2 (32:18):
Let me ask you a question.
Speaker 1 (32:20):
You wake up in the morning and you look in
the mirror, and before brushing your teeth, you can actually
see your breath.
Speaker 2 (32:28):
It's pretty disgusting.
Speaker 1 (32:29):
So let me suggest brushing your teeth, of course, and
but that goes away very quickly, that fresh, clean taste
and your breath smelling pretty good. Let me tell you
a better way, and that is with Zelman's minty Mouth mints. Boy,
does that take care of your bad breath? And I've
known these people who do Zelmends for over thirty years.
That really works. It's far stronger than any other mint.
(32:53):
It works better than the other men, not only in
your mouth, but in your gut where bad breath could start. Now,
if you're order three packs for more until February twenty eighth,
you get a free Oh no, you get an automatic
fifteen percent off. Just go to Zelmans dot com and
you'll get fifteen percent off your order. If you order
three packs or more, go to Zelmans dot com Z
(33:14):
E L M I N S Zelmans dot com.
Speaker 2 (33:17):
This is Handle on the Law. You're listening to Bill
Handle on Demand from kf I A M six forty
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