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 iheartradiop This is handle on
the Law Marginal Legal Advice, where I tell you have
absolutely no case. If you're injured need a lawyer, go
to handle on the law dot com. And if you're
a lawyer and want to help our listeners, please go
(00:20):
to handle on the Law dot com. Click on the
join today tab at the top of the page.
Speaker 2 (00:25):
The following is up here recorded program. Well. The ongoing battle,
I don't know if it's a battle.
Speaker 1 (00:32):
The ongoing sitcom as to whether it is the Gulf
of America or the Gulf of Mexico continues on.
Speaker 2 (00:40):
Mexico is awaiting a yet.
Speaker 1 (00:43):
New response from Google to its request that Google fully
restore the name of Golf of Mexico to its Google
Map service before filing a lawsuit. They're gonna say, Okay,
we're gonna file a lawsuit because this is the Gulf
of Mexico. And Google says, no, this is not the.
Speaker 2 (01:00):
Gulf of Mexico. It is a Gulf of America.
Speaker 1 (01:02):
Why is that, Well, because we take our lead from
the American I think it's the vision of the executive
branch that names geographical areas. There is also an international body,
and I don't know which way it actually is controlled
because this has really never come up. It has in
(01:25):
disputes as the territory to see of Japan, for example,
So we really don't know, except since Google is an
American company and the executive branch that controls that particular
division of that particular department is American. Guess what, it's
(01:48):
the Gulf of America. You know what's really scary about
this is when you first say it, or when I
first heard the Gulf of America, that sounded so jarring.
Speaker 2 (02:00):
It It sounded so ridiculous. If you say it enough times,
all of a sudden, it becomes the norm.
Speaker 1 (02:10):
When I first heard Gulf of America, the President said,
we're gonna now call it the Gulf of America. I went, whoa, whoa, Wait,
what are you talking about. It's the Gulf of Mexico. Now, unfortunately,
I'm getting used to it. I think it still should
say the Gulf of Mexico, only because that's four hundred
years old. In terms of the nomenclature, It's like Cape
(02:32):
Canaveral in Florida was Cape Canaveral from the time of
the conquistadt is. Then JFK dies, it becomes Cape Kennedy,
and then someone realizes, wait a minute, there's so many
things that are named Kennedy. Let's change it back to
Cape Canaveral. How do you get to Cape Canaveral. Well,
(02:52):
you get off of the Kennedy Freeway onto Kennedy Drive,
make a left onto Kevin Kevin Kennedy Avenue, right onto
Keviny Court Place, and you'll see the Kennedy Space Center. Okay,
we'll call that Cape San Averl. We'll cut back to that,
all right, just take some phone calls.
Speaker 2 (03:13):
Hello Todd, Welcome to Handle on the Law. Hey, good morning,
Yes sir, let's see.
Speaker 3 (03:19):
I try to go real fast.
Speaker 4 (03:20):
So I own an escro company and I've been trying
to partner up with real estate companies. I'm independent, and
I've had about three other companies that partnered up with me,
and they didn't bring any business like they've hoped and promised,
so they kind of went their separate ways. I had
a fourth person call me and went to partner up,
and they told me they not only want to partner up,
(03:41):
but they want to grow my team, hire more people,
maybe buy the building where it could for renting it.
So I said, hey, that sounds great, give me money. Anyways,
they deposited six million dollars in my bank account. The
bank then froze my bank account, my entire bank account,
and try to say it's a POTENTI fraud. Okay, what
(04:02):
can I do about it?
Speaker 2 (04:02):
Yeah?
Speaker 1 (04:03):
Okay, First of all, let's separate out the six million
dollars that you have. That's an investment that's not in
the escrow account. I mean you're still able to pay,
you're still able to close deals.
Speaker 4 (04:16):
Correct, Yeah, I put it in my general account, not
my trust account.
Speaker 1 (04:20):
Well, it should be in the trust account because you
put it in your general account. Well you're talking about
the six million dollar investment went into the general account, correct. Okay,
so the money and again, let me.
Speaker 2 (04:30):
Ask the escrow procedures.
Speaker 1 (04:33):
I buy a house, the money goes into your escrow account.
Speaker 2 (04:38):
You then pay the seller. Correct, right, right, so that's
still working. Right, that's still working. Okay, good, good, good.
Speaker 1 (04:47):
So you just have a general account that you can't
do business, and there the bank is arguing fraud you.
Speaker 2 (04:55):
You've got some issues. You have to.
Speaker 1 (04:58):
Obviously go to the bank who are argue that it
was fraud. The bank did it on its own, or
your partner came in and froze everything.
Speaker 4 (05:06):
The bank did it on its own.
Speaker 1 (05:09):
Man, you've got a couple of You've got a couple
of meetings to have with the manager of the bank
and going straight up because you're going to argue they're
putting you out of business.
Speaker 2 (05:18):
And on what basis are they arguing fraud?
Speaker 1 (05:21):
Are they investigating what made them think it was fraud?
Was it on the basis of the whole amount of
the money? You've got to find that out. And if
they don't do it quick you you have to get
a lawyer. I mean, you've got to get a business
at a month, You've got you have to get a
business lawyer. How do you stay in business? You're doing
(05:43):
it with your own money?
Speaker 4 (05:43):
I guess, yeah, So then I have another account of
paying my bills and rent.
Speaker 1 (05:48):
Okay, so let me ask, is it the partner's fault
at all? Or the partner did everything that he or
she was supposed to do.
Speaker 4 (05:58):
According to my partner, they did or they they were
supposed to do.
Speaker 2 (06:01):
You have to find out.
Speaker 1 (06:02):
It's time to get a business lawyer to immediately start
writing letters and say the bank is your company is
at risk because the bank is calling fraud and we
have to get it unloaded immediately. We have to do
deal with this today. What do we do otherwise you're
suing the bank and it's good. It's a good lawsuit.
Speaker 2 (06:27):
Oh shoot, yeah, you got to do it.
Speaker 1 (06:29):
You have to get as soon as we get off
the phone, you have to call a business lawyer and
get moving on this six million dollars. Wow that the
bank is holding up because of fraud. Now, I've had
some credit cards that were frozen. I've had some bank
accounts that were frozen. As a matter of fact, I'm
spending I'm off to Italy in a few months and
(06:53):
I had to send some money in advance, and it
was five thousand dollars. Because there are a lot of
people involved, and the bank frozen, they wouldn't let me
send it out.
Speaker 2 (07:05):
Now, if this.
Speaker 1 (07:07):
Was business, if I was involved in that money maintaining
my business, and if I wasn't able to get at it,
I would lose it.
Speaker 2 (07:17):
I would lose the business. You bet that's a lawsuit
for real.
Speaker 1 (07:24):
Hi, Cindy, Welcome to you handled him, yes, ma'am.
Speaker 5 (07:28):
Hi question.
Speaker 6 (07:32):
My question is I have a friend who was going
through custody for his to have custody with his child,
and he borrowed money from me and we agreed I
would be paid back verbally, what have you? He was
asking for legal fees in the custody hearing and he
was granted it. And the person the mother of the child,
(07:55):
just has not been willing to pay the custody reimbursement
that he was granted. Do I have any recourse that
I can do to request that money back myself personally
outside of his.
Speaker 2 (08:09):
Set and waiting. Your contract is with your friend, not
with a person who is violating the court order.
Speaker 1 (08:16):
That's it doesn't matter. It doesn't matter why your friend
borrowed the money from you, could have been for anything.
That's the contract. So okay, yeah there how much money
did you loan?
Speaker 6 (08:28):
Twenty one?
Speaker 1 (08:30):
Yeaha and she has no ability to pay or he
has no ability to pay the money at this.
Speaker 2 (08:35):
Point, right.
Speaker 6 (08:38):
Somewhat, I mean trying to figure all of that out.
The problem is he keeps winning.
Speaker 2 (08:43):
Well, I mean it doesn't, but he has to collect
exactly his job to collect, keep hiding her money. Yeah,
well I understand that.
Speaker 1 (08:51):
So he's got to go after it and he can.
He may have the same lawyer, he may have some
collection people. But that people do that, they do hide
money and then it's difficult to get them to get.
Speaker 2 (09:04):
The money back. Sometimes sometimes you can at all.
Speaker 1 (09:07):
I mean, if someone is dead, said on hiding money,
then he's got a judgment.
Speaker 2 (09:13):
He records the judgment.
Speaker 1 (09:14):
So so she'll have no credit because she'll have a
judgment against her. And if she's prepared to not have
any credit and never have the money, Okay, that's it.
Then that's what you do. But that's a friend that
owes you the money. Yeah you Yeah, Unfortunately for you.
This is handle on the law. Handle on the law,
(09:38):
marginal regal ad advice.
Speaker 2 (09:41):
Hi, Amanda, welcome to handle on the law. Yes, ma'am, Yes, yes, question.
Speaker 7 (09:49):
Two days before New Year's Eve, I was involved in
a car I was not.
Speaker 1 (09:56):
Hold on, now, you cut out a little bit, okay, okay,
just before New Year's Eve.
Speaker 2 (09:59):
You're involved a car accident, correct?
Speaker 7 (10:02):
I was, yeah, we're ended okay, And I was leaving
a friend's home. But I wasn't reversing. I was already
reversed facing norse on the street my car. I was
about to put it in drive and I didn't seebody
hid me or in front of me. Everything was clear,
and then as I looked down, the next thing I know,
I'm smatched from behind super hard. Now I know the
(10:23):
speed limit on that street very well. It's thirty five,
and I don't I didn't hear a fern honk or
even screeching of tires. I don't know why I got smacked.
I called a local law firm, a well known one,
and they said I have a case. But I had
a police report that I went through January twenty first,
and said that it was my fault. Now, my insurance
(10:44):
company doesn't think it is.
Speaker 2 (10:47):
Right.
Speaker 1 (10:49):
It was not your fault because a policeman says it
was your fault, someone who didn't see it, who didn't
investigate it particular, I didn't, you know, you don't see
him with a measure that said determine how many feet?
Speaker 2 (11:05):
He just said.
Speaker 1 (11:06):
So why did he say it was your fault? I mean,
what was the reason that it was your fault? By
the way, did he write this down in the police
report that it was your fault?
Speaker 7 (11:13):
No, he didn't.
Speaker 8 (11:14):
I guess he did.
Speaker 7 (11:15):
I never saw the replice report and he did.
Speaker 1 (11:18):
Like, Okay, now I understand. Okay, So your question is,
do you have a case? Yeah, the person who rear
ended you is at fault.
Speaker 8 (11:27):
Okay, Okay, now I know.
Speaker 2 (11:29):
Okay.
Speaker 8 (11:30):
So if you're reversing, they say it's your fault.
Speaker 2 (11:34):
But I wasn't reversing. Yeah, you weren't reversing. Way, you
weren't reversing. Okay, you weren't.
Speaker 1 (11:39):
You were just you were just standing still or you
were at a standstill. And uh, there has to be
enough space between your car.
Speaker 2 (11:49):
And the car behind you that the car behind.
Speaker 1 (11:52):
Has to stop or has the ability to stop. You're fine, Yes,
you do have a case. Law firm is absolutely correct.
Clearly they know what they're doing.
Speaker 2 (12:01):
Okay. I wouldn't. I wouldn't worry about the old the
policeman says I'm at fault. Okay, what because you believe
the other guy says you're reversing? No, I didn't. Now
what do you do? Okay? Now you have the law
on your side, that's easy. Gracie, Hi, Gracie, Oh my god.
Speaker 8 (12:19):
Bill, it has been twenty five years since ye see
you the last time thank you so much. Wow taking
my call.
Speaker 2 (12:25):
I remember, I remember that call, Gracie.
Speaker 8 (12:29):
You're splits a fiver. So here's my question. My father
died last year, unfortunately in trust with something that seemed
to be pretty cut and dry. However, he left a
note in his home basically saying these are my final wishes,
and he dated and he signed it, and he basically said,
(12:51):
this money is not for you or your brother to you,
it is for your children and your grandchildren. And so
the living trust basically ed was for the grandchildren. But
because I'm the one with grandchildren that would be his
great grandchildren. Makes sense?
Speaker 2 (13:08):
Yep?
Speaker 1 (13:10):
No, No, I understand he specifically named uh, specifically names
children and does not mention the grandchildren.
Speaker 2 (13:18):
Do I have that right?
Speaker 1 (13:19):
No?
Speaker 2 (13:19):
He does.
Speaker 8 (13:19):
He says children and grandchildren. He says it and okay.
Speaker 1 (13:24):
Okay, and that's in the okay, and that is in
that written instrument where he signed it, and it was dated,
and these are the wishes that he wanted with his estate.
Speaker 2 (13:34):
Correct.
Speaker 8 (13:35):
Yes, However it was not in writing in the living trust.
Speaker 2 (13:40):
Follow ah, okay. So your question is your question is what?
Speaker 8 (13:47):
So my question is now that money has been dispersed,
I have one account under my name that I have
taken ownership. My brother and I are co executors and
co trusting on the account on the living trust. We
no longer speak because of this, unfortunately, and I need
(14:08):
to disperse the rest of the funds in the living
trust because it's been sitting there for a year.
Speaker 2 (14:12):
And yeah, well you're not going to.
Speaker 1 (14:15):
You're not going to unless your brother agrees to it,
because your co trustees and if your co trustees, you
both have to agree.
Speaker 2 (14:23):
Okay, Well, so what you get to.
Speaker 1 (14:26):
Do is you get to go to court and get
a court order saying that for you to disperse. Now,
you dispersed based on what your father's document that he
said these are my wishes and ignored the trust was
the trust instrument itself, different than what he said.
Speaker 8 (14:46):
The trust has the accounts listed, but only one of
the accounts is owned by the trust. The one that
I took ownership was only listed a information like, look
this is what I.
Speaker 1 (15:02):
Have, right Okay, So okay, I'm a little confused. So
you dispersed the money pursuing to the written trust where
the trust owned the accounts.
Speaker 8 (15:13):
Correct, No, I dispersed the funds that I was the
sole beneficiary on under.
Speaker 1 (15:21):
The trust, not the document that not the document that
he wrote saying this is the way I want my
money to be dispersed.
Speaker 2 (15:30):
But it wasn't an amended in the trust. Is that correct?
You took the money and it was not amended. Okay,
so you ignored the trust and just took the money.
Speaker 1 (15:39):
You ignored the trust and you took the money out
of the estate and paid yourself money.
Speaker 8 (15:48):
No, because that account was not all right.
Speaker 1 (15:51):
I'm confused now, you know what I'm You know, I
appreciate it, but it's too confusing for me.
Speaker 2 (15:55):
I'm not gonna be able to go through this.
Speaker 1 (15:57):
I mean, I appreciate it, but you know, maybe I'm
just too stupid or I'm too lazy.
Speaker 3 (16:02):
Go figure.
Speaker 2 (16:03):
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Speaker 2 (17:07):
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Speaker 2 (17:19):
This is handle on the law.
Speaker 9 (17:23):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 1 (17:29):
This is handle on the law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:39):
Amy, Hello Amy, Hello.
Speaker 5 (17:42):
Yes, oh yes, yes, I have a question. You got
in a family member of mail and on a recent
visit by turn my company inspection, this inspector noticed boxes
or something or other in the house, and which they
share with the board, one of the board members, and
(18:03):
what do they hold on?
Speaker 1 (18:04):
What did they share with one of the boat the
information with one of the board.
Speaker 5 (18:10):
They said that he's a hoarder, that he's okay, got it?
Speaker 1 (18:12):
So they shared the information with the h o A okay,
h O.
Speaker 2 (18:18):
Said he And who said he's a hoarder?
Speaker 5 (18:20):
Amy, well, basically one of the well, the board, the
board said that he's a hoarder, okay.
Speaker 2 (18:27):
And what do they want him to do?
Speaker 5 (18:28):
They want him to know, basically to clean up his
kindom innia and do a better job. And and and
they called him in and they're going to find him
if he does he doesn't get his back together.
Speaker 1 (18:39):
Here's here's the issue. Okay, hold on, hold on. First
of all, he's not dealing with any common areas. This
is inside of his house, correct.
Speaker 5 (18:48):
Inside of his house?
Speaker 2 (18:49):
Yes, okay?
Speaker 1 (18:50):
And uh let me ask about how much of a
hoarder is he?
Speaker 5 (18:53):
Well, apparently well, and this person has been going through
a mental crist.
Speaker 2 (18:58):
Doesn't matter, doesn't matter how such of a hoarder is he.
Speaker 5 (19:01):
So so he's had some you know, some boxes and
things that he's not getting rid of.
Speaker 2 (19:06):
All right, how much of a hoarder is he? I'm
gonna ask you for the third time.
Speaker 5 (19:09):
Okay, he's kind of the middle, middle of the road.
Speaker 2 (19:13):
Okay, middle of the road. Order?
Speaker 1 (19:15):
Uh? And are the boxes being able to be seen
from outside his house or condo?
Speaker 5 (19:21):
They're not able to run? Not at all, none of it.
None of this can be seen from outside.
Speaker 2 (19:25):
Kay, understood.
Speaker 1 (19:27):
And the h o A Basically, it's none of their
business unless I think unless there is a risk, a
fire risk, or some activity that he is doing that
somehow is going to affect the other members of the community. Frankly,
if it isn't a danger, it's none of their business.
(19:47):
He can have as many boxes as he wants. Amy,
they can try to find him, and he just goes
in front of the board or someone representing him goes,
what what do you care?
Speaker 2 (19:58):
If he has boxes? How do does it affect the
ho A? How does it affect the community?
Speaker 5 (20:03):
They blaming he am too. Also because there's been a
like kind of a rat.
Speaker 1 (20:07):
Infestation, there's a route hold on if there's a rat
infestation that could affect the neighbors.
Speaker 2 (20:16):
See you sort of left that out, didn't you.
Speaker 5 (20:18):
Sorry? Yeah, I think he's basically basically in some.
Speaker 1 (20:24):
Of the he basically does have to clean it up
if there is a rat infestation.
Speaker 2 (20:28):
By the way, why would he live with rats anyway?
Speaker 5 (20:31):
Well he didn't, He doesn't really. I mean, they found
a little bit of like maybe urine in his attic,
but that could have been from years ago.
Speaker 1 (20:39):
All right, Well, then as he he has to call
some kind of exterminator company out there right and find
out and find out.
Speaker 2 (20:48):
And it's from years ago, it's under the hoa's business.
Speaker 1 (20:50):
And if it is a current problem, yeah, he probably
has to clean it up.
Speaker 2 (20:54):
Probably does so.
Speaker 5 (20:56):
But but so have they violent as this board violated?
Have they overstep their bounds and bother to his civil rights?
Speaker 1 (21:04):
Yeah, because you do have civil rights to keep rats
in your house and they can't stop it, especially if
there's an infestation that might affect your neighbors. Yeah, that's
a big civil rights issue. The ACLU is going to
get involved with that one. There have been Supreme Court
cases on rats in the house where the Supreme Court
has said you have the right to have as many
(21:26):
rats infesting your house as possible, and your civil rights
are violated if they stop you from having rats.
Speaker 2 (21:36):
Why is it?
Speaker 1 (21:36):
Everybody? It's a civil rights issue. Everything is a civil
rights issue. I mean, I just love this. Christine, Hello, Christine, Hi.
Speaker 3 (21:46):
Good morning.
Speaker 2 (21:47):
Though Yes, ma'am, what can I do for you?
Speaker 10 (21:49):
First of all, I want to say, wow, I am
so impressed by you guys.
Speaker 8 (21:53):
Between D and you, all of you.
Speaker 10 (21:55):
All deserve awards. You guys are like two advocates and
like real public service for us more than bat and
need some You guys have taught the publish and making
you don't.
Speaker 2 (22:06):
Have to suck up. I'm going to answer your I'm
just telling you.
Speaker 10 (22:09):
I'm a nurse and I see I always try to
help people as well, and I see what you guys
are doing, and I'm like, in awe.
Speaker 2 (22:15):
In awe. All right, great, that's a good start. You
are in all.
Speaker 3 (22:18):
Let me let me bring.
Speaker 1 (22:20):
You in answering your question, what what can I do
for you?
Speaker 10 (22:24):
I need to know what's the best way is to
vet a contractor.
Speaker 2 (22:28):
We've gotten ripped off.
Speaker 10 (22:29):
Multiple times and finally this last time that I'm going
to try to build a a du slash uh like
primary dwelling unit again because I can and and so
I consulted with an attorney who got me out of
a bad case before. And he's like, you need to
get good contractors.
Speaker 2 (22:46):
And I'm like, yeah, yeah, no.
Speaker 1 (22:48):
I understand. That's a very good question. By the way, Christine,
I will thank you. I'm very lucky. I just remodeled
the house and I did my contractor is absolute wonderful. Uh,
you've got rip ripped off. So what you do is,
obviously you get a bid from a contractor. You ask
(23:10):
for jobs that he or she has done. Now he's
going to give you the good stuff. You know people
that like the contractor. So I don't know how much.
Speaker 2 (23:17):
Help that is.
Speaker 1 (23:19):
You want to look, lawsuits have been filed against him,
complaints with a contractor's license, spoort license that he has,
insurance that he has, make sure that there's tons of insurance,
and then you sort of roll the dice, right, But
(23:39):
if you cover yourself and ask and bet the best
way to do it is to ask anybody who has
done a remodel, anybody you know, or anybody that knows
someone you know, and start asking, I need a contractor.
Speaker 2 (23:56):
I've been ripped off. Can you suggest someone?
Speaker 1 (23:59):
And then you do all of your homework, Christine, So
how much were you.
Speaker 2 (24:02):
Worked off for?
Speaker 10 (24:04):
So the first one was my sister's house. She got it,
the whole thing, and the guy went through the Yellow
Pages and just did a botch job.
Speaker 2 (24:11):
Okay, so she found them just through advertising.
Speaker 10 (24:15):
Okay, So no, no, no, this was supposed to be
a reputable person. We even got an architect to do
the planning.
Speaker 2 (24:21):
We went all through the park matter.
Speaker 1 (24:22):
The architect doesn't have anything to do with the contractor.
Speaker 2 (24:26):
All we thought he was the architect.
Speaker 1 (24:29):
Can you recommend a contractor and then you do all
the homework, so you have someone who you trust has
done a good job, who has worked with contractors, and
that's how to do it. And there's no easy way
to do it. There isn't right. You just have to
do all of the work and that's you know, it's tough.
Speaker 2 (24:48):
And as I said, I've been very very.
Speaker 1 (24:50):
Lucky with my contractor, who was recommended to me by
someone I trust who is involved in buying and selling
how is who does he does an enormous amount of
work with contractors. He referred me to this contractor and
I extraordinary luck. And I got a great price from
(25:11):
him too, because he's illegal, and I threatened to call
immigration on him.
Speaker 2 (25:15):
Welcome to Handle on the law, Thomas.
Speaker 11 (25:18):
Yeah, Bill, Okay. If police offer is the only witness
against the defendant and he doesn't show up in court
because he has he's very ill or he dies, is
a case that's going out.
Speaker 2 (25:32):
No, not necessarily.
Speaker 1 (25:33):
I mean if that is the only evidence they have,
if the prosecutor has only that, yeah, it's going to
be dismissed.
Speaker 2 (25:41):
It's not a question of being thrown out.
Speaker 1 (25:43):
It's going to be dismissed because that's the evidence. And
so quite often, you know, for example, when there is
evidence and the court throws out the evidence because the
argument is that it was tainted, it was shouldn't been introduced,
and that was what.
Speaker 2 (26:01):
Was the basis of the case. Yeah, they dismiss it. Yeah,
pretty much. Okay, there go.
Speaker 11 (26:06):
I'm not looking forward to anybody dying.
Speaker 1 (26:08):
But yeah, well that's when you kill the witnesses. If
the whole case against you is a witness, so then
you know they die accidentally. This is Handle on the Law,
and welcome back to Handle on the Law.
Speaker 2 (26:24):
Marginal legal Advice. Hi, Cynthia, welcome to handle.
Speaker 6 (26:30):
Oh my god, I'm such a big family.
Speaker 2 (26:32):
Thanks.
Speaker 6 (26:34):
I know, we got to get it quick quick.
Speaker 8 (26:36):
Okay, Bill, listen, my mom is eighty six years old.
She just put herself in Hostese Okay, but she.
Speaker 5 (26:41):
Owns her own property.
Speaker 8 (26:42):
She'd been there like for I'm just joking, but like
over one hundred years. Okay. But she's getting care.
Speaker 2 (26:48):
She's been getting care for the.
Speaker 8 (26:49):
Past four or five years. I believe you've probably heard
of it. It's called h I S S.
Speaker 10 (26:53):
I don't know.
Speaker 8 (26:54):
It's kind of program that helped the elderly people. They
change or whatever. Okay. My question to you is that
she'd only has her house and her name. I mean,
and I try to tell her sometimes I'm amius, I'm
your property, or you know, I'll buy it from you.
Oh no, I'm gonna call Sacramento and all that, you know,
because she's older ready, But she has all her faculties.
Speaker 5 (27:12):
Don't get me wrong.
Speaker 8 (27:13):
Is there anything I could do?
Speaker 2 (27:15):
No, Cynthia.
Speaker 1 (27:17):
If she has her faculties and it's her house, she
can do anything she wants because it's hers.
Speaker 2 (27:25):
Now.
Speaker 1 (27:26):
If she enters into a state of dementia, you can
go in and ask for a conservatorship and just say, hey,
my mom is ill, or at least she has some
mental ill issues, and now you have some basis for
taking care of and making financial decisions. But as long
as she is lucid, even at one hundred and ninety
(27:47):
years old, not much you can do.
Speaker 2 (27:50):
That's the law.
Speaker 1 (27:51):
It's hers, she can do whatever. So let's say, use
she's eighty six. Let's say she connects up with a twenty.
Speaker 2 (27:57):
Two year old, Well, yeah, maybe you and are you
a little dressed there?
Speaker 1 (28:01):
But she's That would be enough to make it an
argument that she's out of her mind.
Speaker 2 (28:09):
Diego hi, diego.
Speaker 3 (28:12):
Hello, Yes, thank you for taking more call. I owned
the property in another state, and the renter there, well,
he passed on. The white passed on three years ago.
The dad got sick, and so the son came out
of nowhere and decided to help out his dad. The
contract we had was with the mom and the dad. Well,
during that time, the heat that was three years ago,
(28:33):
when the mom died, the son brought in vehicles, all
sorts of stuff, tractors even to stump grinders, what have you,
and then he took out vehicles. Well, finally the dad
died and he stayed there for about three or four
months and left everything. That's there now. Well after viewing
the house and gutting it after poop Dog uname it,
(28:57):
it was bad in there, and it's still bad road
in the station and what have you. The house is
kind of cracked one side, they told us, but we
didn't want to deal with it until we saw it.
They left. It's three or four inches opening. So now
he wants to come back to the property and claim
his property. Like all those trucks, I don't know if
they work, I don't know anything. But he took the
prime of the stuff and left stuff behind. So I'm
(29:21):
thinking of just selling that up to make up the
difference of dumpsters at least is about a thousand bucks
to get come in here and clean up all your mess.
So where do I stay it legally with Okay, first
of all.
Speaker 1 (29:33):
He has the right to pick up all of his property. Okay,
that's for starters.
Speaker 2 (29:36):
Is his property.
Speaker 1 (29:37):
Second of all, you can sue him for And here
is the problem in terms of the house that was
left derelict or damaged. He is going to argue it's
my mom and dad who did this, not me. So
there is a problem. The only thing you can do,
and he's abandoned it right, he's not even there anymore.
Speaker 3 (29:59):
Correct, No, he finally left.
Speaker 1 (30:02):
Yes, Okay, so now all you have is a house
is completely derelict, You have some old junk on the property.
Speaker 2 (30:09):
Do you know how to reach him at all?
Speaker 3 (30:12):
We text him, he doesn't text back.
Speaker 2 (30:14):
Okay, you have and where's this property? Colorado? All right? So, Keta,
I'm not a big maven of Colorado law.
Speaker 1 (30:23):
But you get to find out at what point does
abandoned property become yours? That you can throw it away
or you can sell it for scrap or whatever. And
there is a timeline, and there also is a means,
a method, and there is a requirement for you to
try to contact the owner of that property. And if
there's a period that goes by, maybe it's if you've
(30:47):
texted him three times five times and that is the
only way you've been able to reach him, and he refuses.
That could be the definition of abandonment in Colorado. But
other than that, I don't know who you can see.
But his defense is it wasn't me and you can't
sue dead people. Correct, So sell the property, just sell it,
(31:08):
get rid of everything.
Speaker 2 (31:10):
Finding out what abandonment is. I don't know what else
to do.
Speaker 1 (31:13):
You can try going after the guy and argue, hey,
you did this to the house. No, not even a
little bit, Lee, welcome to handle on the law.
Speaker 8 (31:24):
Hell Lee, Yes, hi, Hi, it's your handle.
Speaker 7 (31:28):
My question is I have a rather large E R
medical bill that I'm not able to pay right now.
Speaker 8 (31:38):
Should I wait until they me to collections? Then I
can negotiate the No, you can negotiate now.
Speaker 1 (31:48):
You're I think you're better off negotiating now because your.
Speaker 2 (31:52):
Credit isn't going to be dinged.
Speaker 1 (31:53):
And you tell the provider of the service is probably
going to be nicer to you than a collection agent.
Speaker 8 (32:00):
See oh okay.
Speaker 2 (32:04):
Yeah, And so you're gonna say, hey, I can't afford it.
Speaker 1 (32:06):
Can we make some arrangement and they're gonna move you
over to whoever in the hospital, whoever owns the er,
And you go, hey, I'm.
Speaker 2 (32:15):
Trying, but what can we do?
Speaker 1 (32:17):
And then you start playing with that game because by
the time it hits collection, your credit is screwed and
you're considered a flake. And if you call early enough,
you're not a flake. You're just a person who has
financial problems. And medical bills are insanely expensive. How much
is the bill.
Speaker 8 (32:35):
Okay, right, gotcha, Okay, thank you so much.
Speaker 2 (32:38):
You have no idea how much the bill was. I
guess you didn't. Now, bad breath absolutely no fun.
Speaker 1 (32:47):
No matter what you eat, well, in my case, garlic
and onions, it can cause bad breath. And of course
I'm talking about Zelman's Men team Mouthmans, and I have
been saying or telling you about it for months. And
for those of you that have bought Zelman's Minty Mouthmens,
you know exactly what I'm talking about.
Speaker 2 (33:04):
Boy do they work. For those of you that have not,
you have horrible breath.
Speaker 1 (33:07):
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated.
Speaker 2 (33:18):
With a mint pop two or three in your mouth.
Speaker 1 (33:21):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in.
Speaker 2 (33:26):
Your gut where it really starts.
Speaker 1 (33:29):
That's where bad breath can start and stay there. And
no other mint does that at all. That's Zelman's Minty
Mouth Mins. And of course I've been using them well
as long as they've been around. So go to Zelman's
dot com slash kfi my station Worry broadcasts from Zelmans
Z E, L M, I N S dot com slash
(33:50):
kfi Zelmans dot com slash kfi.
Speaker 9 (33:56):
This is Handle on the Law Listening to Bill Handel
on demand from Kfi a M six forty
You're listening to KFI AM six forty the bill Handles
show on demand on the iheartradiop This is handle on
the Law Marginal Legal Advice, where I tell you have
absolutely no case. If you're injured need a lawyer, go
to handle on the law dot com. And if you're
a lawyer and want to help our listeners, please go
(00:20):
to handle on the Law dot com. Click on the
join today tab at the top of the page.
Speaker 2 (00:25):
The following is up here recorded program. Well. The ongoing battle,
I don't know if it's a battle.
Speaker 1 (00:32):
The ongoing sitcom as to whether it is the Gulf
of America or the Gulf of Mexico continues on.
Speaker 2 (00:40):
Mexico is awaiting a yet.
Speaker 1 (00:43):
New response from Google to its request that Google fully
restore the name of Golf of Mexico to its Google
Map service before filing a lawsuit. They're gonna say, Okay,
we're gonna file a lawsuit because this is the Gulf
of Mexico. And Google says, no, this is not the.
Speaker 2 (01:00):
Gulf of Mexico. It is a Gulf of America.
Speaker 1 (01:02):
Why is that, Well, because we take our lead from
the American I think it's the vision of the executive
branch that names geographical areas. There is also an international body,
and I don't know which way it actually is controlled
because this has really never come up. It has in
(01:25):
disputes as the territory to see of Japan, for example,
So we really don't know, except since Google is an
American company and the executive branch that controls that particular
division of that particular department is American. Guess what, it's
(01:48):
the Gulf of America. You know what's really scary about
this is when you first say it, or when I
first heard the Gulf of America, that sounded so jarring.
Speaker 2 (02:00):
It It sounded so ridiculous. If you say it enough times,
all of a sudden, it becomes the norm.
Speaker 1 (02:10):
When I first heard Gulf of America, the President said,
we're gonna now call it the Gulf of America. I went, whoa, whoa, Wait,
what are you talking about. It's the Gulf of Mexico. Now, unfortunately,
I'm getting used to it. I think it still should
say the Gulf of Mexico, only because that's four hundred
years old. In terms of the nomenclature, It's like Cape
(02:32):
Canaveral in Florida was Cape Canaveral from the time of
the conquistadt is. Then JFK dies, it becomes Cape Kennedy,
and then someone realizes, wait a minute, there's so many
things that are named Kennedy. Let's change it back to
Cape Canaveral. How do you get to Cape Canaveral. Well,
(02:52):
you get off of the Kennedy Freeway onto Kennedy Drive,
make a left onto Kevin Kevin Kennedy Avenue, right onto
Keviny Court Place, and you'll see the Kennedy Space Center. Okay,
we'll call that Cape San Averl. We'll cut back to that,
all right, just take some phone calls.
Speaker 2 (03:13):
Hello Todd, Welcome to Handle on the Law. Hey, good morning,
Yes sir, let's see.
Speaker 3 (03:19):
I try to go real fast.
Speaker 4 (03:20):
So I own an escro company and I've been trying
to partner up with real estate companies. I'm independent, and
I've had about three other companies that partnered up with me,
and they didn't bring any business like they've hoped and promised,
so they kind of went their separate ways. I had
a fourth person call me and went to partner up,
and they told me they not only want to partner up,
(03:41):
but they want to grow my team, hire more people,
maybe buy the building where it could for renting it.
So I said, hey, that sounds great, give me money. Anyways,
they deposited six million dollars in my bank account. The
bank then froze my bank account, my entire bank account,
and try to say it's a POTENTI fraud. Okay, what
(04:02):
can I do about it?
Speaker 2 (04:02):
Yeah?
Speaker 1 (04:03):
Okay, First of all, let's separate out the six million
dollars that you have. That's an investment that's not in
the escrow account. I mean you're still able to pay,
you're still able to close deals.
Speaker 4 (04:16):
Correct, Yeah, I put it in my general account, not
my trust account.
Speaker 1 (04:20):
Well, it should be in the trust account because you
put it in your general account. Well you're talking about
the six million dollar investment went into the general account, correct. Okay,
so the money and again, let me.
Speaker 2 (04:30):
Ask the escrow procedures.
Speaker 1 (04:33):
I buy a house, the money goes into your escrow account.
Speaker 2 (04:38):
You then pay the seller. Correct, right, right, so that's
still working. Right, that's still working. Okay, good, good, good.
Speaker 1 (04:47):
So you just have a general account that you can't
do business, and there the bank is arguing fraud you.
Speaker 2 (04:55):
You've got some issues. You have to.
Speaker 1 (04:58):
Obviously go to the bank who are argue that it
was fraud. The bank did it on its own, or
your partner came in and froze everything.
Speaker 4 (05:06):
The bank did it on its own.
Speaker 1 (05:09):
Man, you've got a couple of You've got a couple
of meetings to have with the manager of the bank
and going straight up because you're going to argue they're
putting you out of business.
Speaker 2 (05:18):
And on what basis are they arguing fraud?
Speaker 1 (05:21):
Are they investigating what made them think it was fraud?
Was it on the basis of the whole amount of
the money? You've got to find that out. And if
they don't do it quick you you have to get
a lawyer. I mean, you've got to get a business
at a month, You've got you have to get a
business lawyer. How do you stay in business? You're doing
(05:43):
it with your own money?
Speaker 4 (05:43):
I guess, yeah, So then I have another account of
paying my bills and rent.
Speaker 1 (05:48):
Okay, so let me ask, is it the partner's fault
at all? Or the partner did everything that he or
she was supposed to do.
Speaker 4 (05:58):
According to my partner, they did or they they were
supposed to do.
Speaker 2 (06:01):
You have to find out.
Speaker 1 (06:02):
It's time to get a business lawyer to immediately start
writing letters and say the bank is your company is
at risk because the bank is calling fraud and we
have to get it unloaded immediately. We have to do
deal with this today. What do we do otherwise you're
suing the bank and it's good. It's a good lawsuit.
Speaker 2 (06:27):
Oh shoot, yeah, you got to do it.
Speaker 1 (06:29):
You have to get as soon as we get off
the phone, you have to call a business lawyer and
get moving on this six million dollars. Wow that the
bank is holding up because of fraud. Now, I've had
some credit cards that were frozen. I've had some bank
accounts that were frozen. As a matter of fact, I'm
spending I'm off to Italy in a few months and
(06:53):
I had to send some money in advance, and it
was five thousand dollars. Because there are a lot of
people involved, and the bank frozen, they wouldn't let me
send it out.
Speaker 2 (07:05):
Now, if this.
Speaker 1 (07:07):
Was business, if I was involved in that money maintaining
my business, and if I wasn't able to get at it,
I would lose it.
Speaker 2 (07:17):
I would lose the business. You bet that's a lawsuit
for real.
Speaker 1 (07:24):
Hi, Cindy, Welcome to you handled him, yes, ma'am.
Speaker 5 (07:28):
Hi question.
Speaker 6 (07:32):
My question is I have a friend who was going
through custody for his to have custody with his child,
and he borrowed money from me and we agreed I
would be paid back verbally, what have you? He was
asking for legal fees in the custody hearing and he
was granted it. And the person the mother of the child,
(07:55):
just has not been willing to pay the custody reimbursement
that he was granted. Do I have any recourse that
I can do to request that money back myself personally
outside of his.
Speaker 2 (08:09):
Set and waiting. Your contract is with your friend, not
with a person who is violating the court order.
Speaker 1 (08:16):
That's it doesn't matter. It doesn't matter why your friend
borrowed the money from you, could have been for anything.
That's the contract. So okay, yeah there how much money
did you loan?
Speaker 6 (08:28):
Twenty one?
Speaker 1 (08:30):
Yeaha and she has no ability to pay or he
has no ability to pay the money at this.
Speaker 2 (08:35):
Point, right.
Speaker 6 (08:38):
Somewhat, I mean trying to figure all of that out.
The problem is he keeps winning.
Speaker 2 (08:43):
Well, I mean it doesn't, but he has to collect
exactly his job to collect, keep hiding her money. Yeah,
well I understand that.
Speaker 1 (08:51):
So he's got to go after it and he can.
He may have the same lawyer, he may have some
collection people. But that people do that, they do hide
money and then it's difficult to get them to get.
Speaker 2 (09:04):
The money back. Sometimes sometimes you can at all.
Speaker 1 (09:07):
I mean, if someone is dead, said on hiding money,
then he's got a judgment.
Speaker 2 (09:13):
He records the judgment.
Speaker 1 (09:14):
So so she'll have no credit because she'll have a
judgment against her. And if she's prepared to not have
any credit and never have the money, Okay, that's it.
Then that's what you do. But that's a friend that
owes you the money. Yeah you Yeah, Unfortunately for you.
This is handle on the law. Handle on the law,
(09:38):
marginal regal ad advice.
Speaker 2 (09:41):
Hi, Amanda, welcome to handle on the law. Yes, ma'am, Yes, yes, question.
Speaker 7 (09:49):
Two days before New Year's Eve, I was involved in
a car I was not.
Speaker 1 (09:56):
Hold on, now, you cut out a little bit, okay, okay,
just before New Year's Eve.
Speaker 2 (09:59):
You're involved a car accident, correct?
Speaker 7 (10:02):
I was, yeah, we're ended okay, And I was leaving
a friend's home. But I wasn't reversing. I was already
reversed facing norse on the street my car. I was
about to put it in drive and I didn't seebody
hid me or in front of me. Everything was clear,
and then as I looked down, the next thing I know,
I'm smatched from behind super hard. Now I know the
(10:23):
speed limit on that street very well. It's thirty five,
and I don't I didn't hear a fern honk or
even screeching of tires. I don't know why I got smacked.
I called a local law firm, a well known one,
and they said I have a case. But I had
a police report that I went through January twenty first,
and said that it was my fault. Now, my insurance
(10:44):
company doesn't think it is.
Speaker 2 (10:47):
Right.
Speaker 1 (10:49):
It was not your fault because a policeman says it
was your fault, someone who didn't see it, who didn't
investigate it particular, I didn't, you know, you don't see
him with a measure that said determine how many feet?
Speaker 2 (11:05):
He just said.
Speaker 1 (11:06):
So why did he say it was your fault? I mean,
what was the reason that it was your fault? By
the way, did he write this down in the police
report that it was your fault?
Speaker 7 (11:13):
No, he didn't.
Speaker 8 (11:14):
I guess he did.
Speaker 7 (11:15):
I never saw the replice report and he did.
Speaker 1 (11:18):
Like, Okay, now I understand. Okay, So your question is,
do you have a case? Yeah, the person who rear
ended you is at fault.
Speaker 8 (11:27):
Okay, Okay, now I know.
Speaker 2 (11:29):
Okay.
Speaker 8 (11:30):
So if you're reversing, they say it's your fault.
Speaker 2 (11:34):
But I wasn't reversing. Yeah, you weren't reversing. Way, you
weren't reversing. Okay, you weren't.
Speaker 1 (11:39):
You were just you were just standing still or you
were at a standstill. And uh, there has to be
enough space between your car.
Speaker 2 (11:49):
And the car behind you that the car behind.
Speaker 1 (11:52):
Has to stop or has the ability to stop. You're fine, Yes,
you do have a case. Law firm is absolutely correct.
Clearly they know what they're doing.
Speaker 2 (12:01):
Okay. I wouldn't. I wouldn't worry about the old the
policeman says I'm at fault. Okay, what because you believe
the other guy says you're reversing? No, I didn't. Now
what do you do? Okay? Now you have the law
on your side, that's easy. Gracie, Hi, Gracie, Oh my god.
Speaker 8 (12:19):
Bill, it has been twenty five years since ye see
you the last time thank you so much. Wow taking
my call.
Speaker 2 (12:25):
I remember, I remember that call, Gracie.
Speaker 8 (12:29):
You're splits a fiver. So here's my question. My father
died last year, unfortunately in trust with something that seemed
to be pretty cut and dry. However, he left a
note in his home basically saying these are my final wishes,
and he dated and he signed it, and he basically said,
(12:51):
this money is not for you or your brother to you,
it is for your children and your grandchildren. And so
the living trust basically ed was for the grandchildren. But
because I'm the one with grandchildren that would be his
great grandchildren. Makes sense?
Speaker 2 (13:08):
Yep?
Speaker 1 (13:10):
No, No, I understand he specifically named uh, specifically names
children and does not mention the grandchildren.
Speaker 2 (13:18):
Do I have that right?
Speaker 1 (13:19):
No?
Speaker 2 (13:19):
He does.
Speaker 8 (13:19):
He says children and grandchildren. He says it and okay.
Speaker 1 (13:24):
Okay, and that's in the okay, and that is in
that written instrument where he signed it, and it was dated,
and these are the wishes that he wanted with his estate.
Speaker 2 (13:34):
Correct.
Speaker 8 (13:35):
Yes, However it was not in writing in the living trust.
Speaker 2 (13:40):
Follow ah, okay. So your question is your question is what?
Speaker 8 (13:47):
So my question is now that money has been dispersed,
I have one account under my name that I have
taken ownership. My brother and I are co executors and
co trusting on the account on the living trust. We
no longer speak because of this, unfortunately, and I need
(14:08):
to disperse the rest of the funds in the living
trust because it's been sitting there for a year.
Speaker 2 (14:12):
And yeah, well you're not going to.
Speaker 1 (14:15):
You're not going to unless your brother agrees to it,
because your co trustees and if your co trustees, you
both have to agree.
Speaker 2 (14:23):
Okay, Well, so what you get to.
Speaker 1 (14:26):
Do is you get to go to court and get
a court order saying that for you to disperse. Now,
you dispersed based on what your father's document that he
said these are my wishes and ignored the trust was
the trust instrument itself, different than what he said.
Speaker 8 (14:46):
The trust has the accounts listed, but only one of
the accounts is owned by the trust. The one that
I took ownership was only listed a information like, look
this is what I.
Speaker 1 (15:02):
Have, right Okay, So okay, I'm a little confused. So
you dispersed the money pursuing to the written trust where
the trust owned the accounts.
Speaker 8 (15:13):
Correct, No, I dispersed the funds that I was the
sole beneficiary on under.
Speaker 1 (15:21):
The trust, not the document that not the document that
he wrote saying this is the way I want my
money to be dispersed.
Speaker 2 (15:30):
But it wasn't an amended in the trust. Is that correct?
You took the money and it was not amended. Okay,
so you ignored the trust and just took the money.
Speaker 1 (15:39):
You ignored the trust and you took the money out
of the estate and paid yourself money.
Speaker 8 (15:48):
No, because that account was not all right.
Speaker 1 (15:51):
I'm confused now, you know what I'm You know, I
appreciate it, but it's too confusing for me.
Speaker 2 (15:55):
I'm not gonna be able to go through this.
Speaker 1 (15:57):
I mean, I appreciate it, but you know, maybe I'm
just too stupid or I'm too lazy.
Speaker 3 (16:02):
Go figure.
Speaker 2 (16:03):
So let me tell you.
Speaker 1 (16:04):
If you're a business about NetSuite, the less your business
spends on delivering your product or service, the more money
you have, the more margin you have, the more money
you keep. And look at the prices of everything more
expensive these days. I'm going to buy a dozen eggs today,
can't even imagine what it's going to cost. Costs have
(16:24):
gone up on materials, employees, distribution, borrowing. Well, how about
reducing those costs. How about reducing headaches with NetSuite bi Oracle.
NetSuite is the number one cloud financial system, bringing accounting,
financial management inventory. If you do that and HR, which
all of us do, into one platform, so you reduce
it costs. Because NetSuite lives in the cloud, obviously no
(16:47):
hardware required, can be accessed from anywhere your phone when
you're on vacation. You cut the cost of maintaining multiple
systems because you have one unified system one and you
certainly improve efficiency by bringing all of the processes into
one platform, which slashes manual tasks, errors are done.
Speaker 2 (17:07):
Over thirty seven thousand companies have made this move.
Speaker 1 (17:09):
So visit NetSuite dot com slash handle, NetSuite sweet as
an office suite, NetSuite dot com slash handle.
Speaker 2 (17:19):
This is handle on the law.
Speaker 9 (17:23):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 1 (17:29):
This is handle on the law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:39):
Amy, Hello Amy, Hello.
Speaker 5 (17:42):
Yes, oh yes, yes, I have a question. You got
in a family member of mail and on a recent
visit by turn my company inspection, this inspector noticed boxes
or something or other in the house, and which they
share with the board, one of the board members, and
(18:03):
what do they hold on?
Speaker 1 (18:04):
What did they share with one of the boat the
information with one of the board.
Speaker 5 (18:10):
They said that he's a hoarder, that he's okay, got it?
Speaker 1 (18:12):
So they shared the information with the h o A okay,
h O.
Speaker 2 (18:18):
Said he And who said he's a hoarder?
Speaker 5 (18:20):
Amy, well, basically one of the well, the board, the
board said that he's a hoarder, okay.
Speaker 2 (18:27):
And what do they want him to do?
Speaker 5 (18:28):
They want him to know, basically to clean up his
kindom innia and do a better job. And and and
they called him in and they're going to find him
if he does he doesn't get his back together.
Speaker 1 (18:39):
Here's here's the issue. Okay, hold on, hold on. First
of all, he's not dealing with any common areas. This
is inside of his house, correct.
Speaker 5 (18:48):
Inside of his house?
Speaker 2 (18:49):
Yes, okay?
Speaker 1 (18:50):
And uh let me ask about how much of a
hoarder is he?
Speaker 5 (18:53):
Well, apparently well, and this person has been going through
a mental crist.
Speaker 2 (18:58):
Doesn't matter, doesn't matter how such of a hoarder is he.
Speaker 5 (19:01):
So so he's had some you know, some boxes and
things that he's not getting rid of.
Speaker 2 (19:06):
All right, how much of a hoarder is he? I'm
gonna ask you for the third time.
Speaker 5 (19:09):
Okay, he's kind of the middle, middle of the road.
Speaker 2 (19:13):
Okay, middle of the road. Order?
Speaker 1 (19:15):
Uh? And are the boxes being able to be seen
from outside his house or condo?
Speaker 5 (19:21):
They're not able to run? Not at all, none of it.
None of this can be seen from outside.
Speaker 2 (19:25):
Kay, understood.
Speaker 1 (19:27):
And the h o A Basically, it's none of their
business unless I think unless there is a risk, a
fire risk, or some activity that he is doing that
somehow is going to affect the other members of the community. Frankly,
if it isn't a danger, it's none of their business.
(19:47):
He can have as many boxes as he wants. Amy,
they can try to find him, and he just goes
in front of the board or someone representing him goes,
what what do you care?
Speaker 2 (19:58):
If he has boxes? How do does it affect the
ho A? How does it affect the community?
Speaker 5 (20:03):
They blaming he am too. Also because there's been a
like kind of a rat.
Speaker 1 (20:07):
Infestation, there's a route hold on if there's a rat
infestation that could affect the neighbors.
Speaker 2 (20:16):
See you sort of left that out, didn't you.
Speaker 5 (20:18):
Sorry? Yeah, I think he's basically basically in some.
Speaker 1 (20:24):
Of the he basically does have to clean it up
if there is a rat infestation.
Speaker 2 (20:28):
By the way, why would he live with rats anyway?
Speaker 5 (20:31):
Well he didn't, He doesn't really. I mean, they found
a little bit of like maybe urine in his attic,
but that could have been from years ago.
Speaker 1 (20:39):
All right, Well, then as he he has to call
some kind of exterminator company out there right and find
out and find out.
Speaker 2 (20:48):
And it's from years ago, it's under the hoa's business.
Speaker 1 (20:50):
And if it is a current problem, yeah, he probably
has to clean it up.
Speaker 2 (20:54):
Probably does so.
Speaker 5 (20:56):
But but so have they violent as this board violated?
Have they overstep their bounds and bother to his civil rights?
Speaker 1 (21:04):
Yeah, because you do have civil rights to keep rats
in your house and they can't stop it, especially if
there's an infestation that might affect your neighbors. Yeah, that's
a big civil rights issue. The ACLU is going to
get involved with that one. There have been Supreme Court
cases on rats in the house where the Supreme Court
has said you have the right to have as many
(21:26):
rats infesting your house as possible, and your civil rights
are violated if they stop you from having rats.
Speaker 2 (21:36):
Why is it?
Speaker 1 (21:36):
Everybody? It's a civil rights issue. Everything is a civil
rights issue. I mean, I just love this. Christine, Hello, Christine, Hi.
Speaker 3 (21:46):
Good morning.
Speaker 2 (21:47):
Though Yes, ma'am, what can I do for you?
Speaker 10 (21:49):
First of all, I want to say, wow, I am
so impressed by you guys.
Speaker 8 (21:53):
Between D and you, all of you.
Speaker 10 (21:55):
All deserve awards. You guys are like two advocates and
like real public service for us more than bat and
need some You guys have taught the publish and making
you don't.
Speaker 2 (22:06):
Have to suck up. I'm going to answer your I'm
just telling you.
Speaker 10 (22:09):
I'm a nurse and I see I always try to
help people as well, and I see what you guys
are doing, and I'm like, in awe.
Speaker 2 (22:15):
In awe. All right, great, that's a good start. You
are in all.
Speaker 3 (22:18):
Let me let me bring.
Speaker 1 (22:20):
You in answering your question, what what can I do
for you?
Speaker 10 (22:24):
I need to know what's the best way is to
vet a contractor.
Speaker 2 (22:28):
We've gotten ripped off.
Speaker 10 (22:29):
Multiple times and finally this last time that I'm going
to try to build a a du slash uh like
primary dwelling unit again because I can and and so
I consulted with an attorney who got me out of
a bad case before. And he's like, you need to
get good contractors.
Speaker 2 (22:46):
And I'm like, yeah, yeah, no.
Speaker 1 (22:48):
I understand. That's a very good question. By the way, Christine,
I will thank you. I'm very lucky. I just remodeled
the house and I did my contractor is absolute wonderful. Uh,
you've got rip ripped off. So what you do is,
obviously you get a bid from a contractor. You ask
(23:10):
for jobs that he or she has done. Now he's
going to give you the good stuff. You know people
that like the contractor. So I don't know how much.
Speaker 2 (23:17):
Help that is.
Speaker 1 (23:19):
You want to look, lawsuits have been filed against him,
complaints with a contractor's license, spoort license that he has,
insurance that he has, make sure that there's tons of insurance,
and then you sort of roll the dice, right, But
(23:39):
if you cover yourself and ask and bet the best
way to do it is to ask anybody who has
done a remodel, anybody you know, or anybody that knows
someone you know, and start asking, I need a contractor.
Speaker 2 (23:56):
I've been ripped off. Can you suggest someone?
Speaker 1 (23:59):
And then you do all of your homework, Christine, So
how much were you.
Speaker 2 (24:02):
Worked off for?
Speaker 10 (24:04):
So the first one was my sister's house. She got it,
the whole thing, and the guy went through the Yellow
Pages and just did a botch job.
Speaker 2 (24:11):
Okay, so she found them just through advertising.
Speaker 10 (24:15):
Okay, So no, no, no, this was supposed to be
a reputable person. We even got an architect to do
the planning.
Speaker 2 (24:21):
We went all through the park matter.
Speaker 1 (24:22):
The architect doesn't have anything to do with the contractor.
Speaker 2 (24:26):
All we thought he was the architect.
Speaker 1 (24:29):
Can you recommend a contractor and then you do all
the homework, so you have someone who you trust has
done a good job, who has worked with contractors, and
that's how to do it. And there's no easy way
to do it. There isn't right. You just have to
do all of the work and that's you know, it's tough.
Speaker 2 (24:48):
And as I said, I've been very very.
Speaker 1 (24:50):
Lucky with my contractor, who was recommended to me by
someone I trust who is involved in buying and selling
how is who does he does an enormous amount of
work with contractors. He referred me to this contractor and
I extraordinary luck. And I got a great price from
(25:11):
him too, because he's illegal, and I threatened to call
immigration on him.
Speaker 2 (25:15):
Welcome to Handle on the law, Thomas.
Speaker 11 (25:18):
Yeah, Bill, Okay. If police offer is the only witness
against the defendant and he doesn't show up in court
because he has he's very ill or he dies, is
a case that's going out.
Speaker 2 (25:32):
No, not necessarily.
Speaker 1 (25:33):
I mean if that is the only evidence they have,
if the prosecutor has only that, yeah, it's going to
be dismissed.
Speaker 2 (25:41):
It's not a question of being thrown out.
Speaker 1 (25:43):
It's going to be dismissed because that's the evidence. And
so quite often, you know, for example, when there is
evidence and the court throws out the evidence because the
argument is that it was tainted, it was shouldn't been introduced,
and that was what.
Speaker 2 (26:01):
Was the basis of the case. Yeah, they dismiss it. Yeah,
pretty much. Okay, there go.
Speaker 11 (26:06):
I'm not looking forward to anybody dying.
Speaker 1 (26:08):
But yeah, well that's when you kill the witnesses. If
the whole case against you is a witness, so then
you know they die accidentally. This is Handle on the Law,
and welcome back to Handle on the Law.
Speaker 2 (26:24):
Marginal legal Advice. Hi, Cynthia, welcome to handle.
Speaker 6 (26:30):
Oh my god, I'm such a big family.
Speaker 2 (26:32):
Thanks.
Speaker 6 (26:34):
I know, we got to get it quick quick.
Speaker 8 (26:36):
Okay, Bill, listen, my mom is eighty six years old.
She just put herself in Hostese Okay, but she.
Speaker 5 (26:41):
Owns her own property.
Speaker 8 (26:42):
She'd been there like for I'm just joking, but like
over one hundred years. Okay. But she's getting care.
Speaker 2 (26:48):
She's been getting care for the.
Speaker 8 (26:49):
Past four or five years. I believe you've probably heard
of it. It's called h I S S.
Speaker 10 (26:53):
I don't know.
Speaker 8 (26:54):
It's kind of program that helped the elderly people. They
change or whatever. Okay. My question to you is that
she'd only has her house and her name. I mean,
and I try to tell her sometimes I'm amius, I'm
your property, or you know, I'll buy it from you.
Oh no, I'm gonna call Sacramento and all that, you know,
because she's older ready, But she has all her faculties.
Speaker 5 (27:12):
Don't get me wrong.
Speaker 8 (27:13):
Is there anything I could do?
Speaker 2 (27:15):
No, Cynthia.
Speaker 1 (27:17):
If she has her faculties and it's her house, she
can do anything she wants because it's hers.
Speaker 2 (27:25):
Now.
Speaker 1 (27:26):
If she enters into a state of dementia, you can
go in and ask for a conservatorship and just say, hey,
my mom is ill, or at least she has some
mental ill issues, and now you have some basis for
taking care of and making financial decisions. But as long
as she is lucid, even at one hundred and ninety
(27:47):
years old, not much you can do.
Speaker 2 (27:50):
That's the law.
Speaker 1 (27:51):
It's hers, she can do whatever. So let's say, use
she's eighty six. Let's say she connects up with a twenty.
Speaker 2 (27:57):
Two year old, Well, yeah, maybe you and are you
a little dressed there?
Speaker 1 (28:01):
But she's That would be enough to make it an
argument that she's out of her mind.
Speaker 2 (28:09):
Diego hi, diego.
Speaker 3 (28:12):
Hello, Yes, thank you for taking more call. I owned
the property in another state, and the renter there, well,
he passed on. The white passed on three years ago.
The dad got sick, and so the son came out
of nowhere and decided to help out his dad. The
contract we had was with the mom and the dad. Well,
during that time, the heat that was three years ago,
(28:33):
when the mom died, the son brought in vehicles, all
sorts of stuff, tractors even to stump grinders, what have you,
and then he took out vehicles. Well, finally the dad
died and he stayed there for about three or four
months and left everything. That's there now. Well after viewing
the house and gutting it after poop Dog uname it,
(28:57):
it was bad in there, and it's still bad road
in the station and what have you. The house is
kind of cracked one side, they told us, but we
didn't want to deal with it until we saw it.
They left. It's three or four inches opening. So now
he wants to come back to the property and claim
his property. Like all those trucks, I don't know if
they work, I don't know anything. But he took the
prime of the stuff and left stuff behind. So I'm
(29:21):
thinking of just selling that up to make up the
difference of dumpsters at least is about a thousand bucks
to get come in here and clean up all your mess.
So where do I stay it legally with Okay, first
of all.
Speaker 1 (29:33):
He has the right to pick up all of his property. Okay,
that's for starters.
Speaker 2 (29:36):
Is his property.
Speaker 1 (29:37):
Second of all, you can sue him for And here
is the problem in terms of the house that was
left derelict or damaged. He is going to argue it's
my mom and dad who did this, not me. So
there is a problem. The only thing you can do,
and he's abandoned it right, he's not even there anymore.
Speaker 3 (29:59):
Correct, No, he finally left.
Speaker 1 (30:02):
Yes, Okay, so now all you have is a house
is completely derelict, You have some old junk on the property.
Speaker 2 (30:09):
Do you know how to reach him at all?
Speaker 3 (30:12):
We text him, he doesn't text back.
Speaker 2 (30:14):
Okay, you have and where's this property? Colorado? All right? So, Keta,
I'm not a big maven of Colorado law.
Speaker 1 (30:23):
But you get to find out at what point does
abandoned property become yours? That you can throw it away
or you can sell it for scrap or whatever. And
there is a timeline, and there also is a means,
a method, and there is a requirement for you to
try to contact the owner of that property. And if
there's a period that goes by, maybe it's if you've
(30:47):
texted him three times five times and that is the
only way you've been able to reach him, and he refuses.
That could be the definition of abandonment in Colorado. But
other than that, I don't know who you can see.
But his defense is it wasn't me and you can't
sue dead people. Correct, So sell the property, just sell it,
(31:08):
get rid of everything.
Speaker 2 (31:10):
Finding out what abandonment is. I don't know what else
to do.
Speaker 1 (31:13):
You can try going after the guy and argue, hey,
you did this to the house. No, not even a
little bit, Lee, welcome to handle on the law.
Speaker 8 (31:24):
Hell Lee, Yes, hi, Hi, it's your handle.
Speaker 7 (31:28):
My question is I have a rather large E R
medical bill that I'm not able to pay right now.
Speaker 8 (31:38):
Should I wait until they me to collections? Then I
can negotiate the No, you can negotiate now.
Speaker 1 (31:48):
You're I think you're better off negotiating now because your.
Speaker 2 (31:52):
Credit isn't going to be dinged.
Speaker 1 (31:53):
And you tell the provider of the service is probably
going to be nicer to you than a collection agent.
Speaker 8 (32:00):
See oh okay.
Speaker 2 (32:04):
Yeah, And so you're gonna say, hey, I can't afford it.
Speaker 1 (32:06):
Can we make some arrangement and they're gonna move you
over to whoever in the hospital, whoever owns the er,
And you go, hey, I'm.
Speaker 2 (32:15):
Trying, but what can we do?
Speaker 1 (32:17):
And then you start playing with that game because by
the time it hits collection, your credit is screwed and
you're considered a flake. And if you call early enough,
you're not a flake. You're just a person who has
financial problems. And medical bills are insanely expensive. How much
is the bill.
Speaker 8 (32:35):
Okay, right, gotcha, Okay, thank you so much.
Speaker 2 (32:38):
You have no idea how much the bill was. I
guess you didn't. Now, bad breath absolutely no fun.
Speaker 1 (32:47):
No matter what you eat, well, in my case, garlic
and onions, it can cause bad breath. And of course
I'm talking about Zelman's Men team Mouthmans, and I have
been saying or telling you about it for months. And
for those of you that have bought Zelman's Minty Mouthmens,
you know exactly what I'm talking about.
Speaker 2 (33:04):
Boy do they work. For those of you that have not,
you have horrible breath.
Speaker 1 (33:07):
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated.
Speaker 2 (33:18):
With a mint pop two or three in your mouth.
Speaker 1 (33:21):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in.
Speaker 2 (33:26):
Your gut where it really starts.
Speaker 1 (33:29):
That's where bad breath can start and stay there. And
no other mint does that at all. That's Zelman's Minty
Mouth Mins. And of course I've been using them well
as long as they've been around. So go to Zelman's
dot com slash kfi my station Worry broadcasts from Zelmans
Z E, L M, I N S dot com slash
(33:50):
kfi Zelmans dot com slash kfi.
Speaker 9 (33:56):
This is Handle on the Law Listening to Bill Handel
on demand from Kfi a M six forty
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