Military Enforcing Domestic Law

Handel on the Law. Marginal Legal Advice.

Episode Transcript

Speaker 1 (00:00):
You're listening to kf I AM six forty the bill
Handle show on demand on the iHeartRadio f And this
is KFI AM six forty bill Handle. Here. It is
a Saturday morning, and we have three lovely hours to
go on the Legal Show, right up until eleven o'clock, where,

(00:25):
of course Rich Murata, Rich Murad. I'm sorry, I spent
a lot of years as I've had Rich on the show.
Rich Tomorrow with the Tech Show, and that's from eleven
to two, and then Neil Sabadra with the Fok Report
this afternoon from two to five. Neil, of course heard
in the morning with me. Neil works like crazy. I mean,
I think he is the most broadcast person on the station. Well,

(00:48):
the phone numbers and I always say the same thing,
have four decades now. Top of the hour, especially the
first hour, best time to come into the show. And
if you listen, you will notice sometimes I don't get
phone numbers out when I come into breaks or come
out of breaks because the board is full. And sometimes

(01:09):
you wait an hour if you want to get in,
or you can't get in because the line's busy. Right now,
lines are open, even though we have a couple of
phone calls up and the number is eight hundred five
two zero one five three four. Eight hundred five two
zero one five three four. That's number to call lines

(01:30):
open eight hundred five to zero one five three four.
This is handle on the law where I Bill hand
will give you insert name here, marginal legal advice until
you you have absolutely no case. Always a delight to
tell you you have absolutely no case. I will tell

(01:52):
you when you do have a case, and you'll notice
I do it reluctantly because when you're miserable, I'm happy.
And when you're on the way to a good case
and you need a lawyer, for example, and I recommend
you go to one, I am miserable. So that all
works out, I think I got it one. Yeah, whatever, Okay,

(02:15):
let's do it. Guys. This is a weird one. Well,
it's not a weird one. It's understandable. The federal government,
through the use of its army, is not allowed to
enforce domestic law. That simply isn't allowed. We have a

(02:36):
National Guard that is used to enforce law to a
small extent, to guard various places, certainly police forces. I mean,
that's not a problem. FBI, of course can enforce federal law,
but the US Army cannot. So. As part of dealing
with the border, the President has done something really clever.

(02:59):
He has taken a sliver of land along the US
Mexican border and he is turning it over to the
Department of Defense and has said it is part of
an army base, and since it is an army base,
then the army can patrol it and enforce it. For example,

(03:24):
if you're outside of an army base, the Army can't
do it, can't get near, you can't arrest you just
not allowed. If you're on a base, Aha, now you're
subject to the regulations of the base itself, of the
Department of Defense, which means you can be arrested, you
can be tossed into jail. And that is what the

(03:48):
administration has done, has transferred that border zone to military control,
getting around the federal law that prohibits US troops from
being use in domestic law enforcement on American soil that
is non military soil. So that makes the borders even

(04:10):
more secure as far as the administration is concerned, and
that in fact is exactly what is happening. The Trump
administration is taking and is using many forms of border
control and now including this one and succeeding admirably in

(04:32):
if you believe that's admirable if you are in favor
of border control, boy as the number of migrants, undocumented
illegal migrants crossing the border has absolutely decreased dramatically. Okay,
let's go ahead and take some phone calls. Monique, Hello, Monique, welcome.

Speaker 2 (04:56):
Hello Bill, thank you for having me. Sure I have
a so yeah, my question is I have a heelock
that I pulled money out of last year. I paid
it off in January of this year, and fast forward
to now, I went to pull out funds, come to
find out my account was closed, was inadvertently closed without
my authorization. So like according to their payoff statement, it

(05:19):
states like in order for them to close the heelocks,
the account needs to be paid off, and didn't say
or it's just and they need the authorization the clothed
form signed by both myself and my husband, which they
didn't get because we didn't want to close the account.
So they told me that they closed my heelocks because

(05:40):
on the wire form I had wrote in the remarks
like pay off and not paid down. So because of
that one word they decided to close my my heelocks.

Speaker 1 (05:53):
Have they strike that out? Have you asked them, hey,
straighten this out. You guys have look at the mistake,
mistake that I made one word, and now it's time
to go back and accept the fact that I made
a one word mistake. I'm assuming you have already approached
them with that.

Speaker 3 (06:12):
Oh yeah, yeah, So it's been I found out about
three days ago, so it's been a back and forth
with messaging them. The day said.

Speaker 2 (06:19):
I had to write a letter just stating what briefly happened.

Speaker 3 (06:23):
And at this point they said, okay, well they're sending
it to their legal team.

Speaker 2 (06:27):
They'll get back with me.

Speaker 3 (06:28):
But the guy I was talking to you pretty much said,
since it's been since January till now, that they've already
released the Lian off of my house. And I'm like,
that's that wasn't my mistake, that's your problem. So that's
why they're saying that they probably can't reopen it.

Speaker 1 (06:46):
But I say, they could put the Liane right back.
I don't understand how they why they can't put the
Lian right back on your house and re establish the
he loog doesn't make any sense. Well, okay, at the
hoops that are making you jump through. Excuse me, the
hoops are making you jump through, You simply do, and
you do it over and over again. And I have

(07:08):
seen situations where it didn't stop. I mean personally, I
had an account my mother had an account with Bank
of America, for example, and it had rolled over automatically.
But my mother had gone into an assisted living facility
actually a board and care and had no ability to

(07:29):
She didn't understand, and it rolled over. And I went
back and said, she needs this money to live on,
and they said, nope, nope, nope, you have to sign this.
You have to sign this, you have to sign this.
And I kept on going four months with them, and
finally we have the signature. Finally we had the form
they accepted, and some clown said, wait a second, this

(07:50):
isn't her signature. It doesn't match her original opening of
the account. And I started screaming, saying, she has Parkinson's.
Are you serious? The point I'm making is, finally I
didn't want to take them to court because then it
goes into a whole different level. You don't want to
go to court. Try everything. You can try it for

(08:13):
six months and then call me and we'll see us
next step. And you're not going to like the next
step because now you're talking real money. It's a drag,
it really is. So if you can do it without
going all the way through, you know, just exhaust everything
you can because you don't want to go beyond that. Hey,
a quick word before I take a break. I want

(08:36):
to talk about the Pain Game podcast. This is actually
is my wife's podcast. She lives in pain twenty four
to seven, I mean chronic pain, and it's miserable for her,
and so she started the Pain Game podcast and it's
about pain and trauma and dealing with pain. That's what
she does is help people deal with pain. And boy,

(08:57):
what a job she does. If you have pain, know
of someone who's living in pain, dealing with trauma and
I mean constantly. That's chronic pain. Listen to the Pain
Game podcast or refer to the Pain Game podcast. A
season three is about to drop. Every episode ends with
a message of hope. Mean, it's really counterintuitive, but it

(09:19):
does work. You'll understand that the show is about giving
pain purpose. I know that sounds weird, but when you
hear it, you'll understand that it's the pain Game Podcast,
Pain Game Podcast on social It's at pain Game Podcast
at pain Game Podcast. This is Handle on the law.

(09:42):
KFI handle here on a Saturday morning, eight hundred five
two zero one five three four number to call, open lines,
Welcome back. Handle on the Law, Marginal Legal Advice. Julie, Hello, Julie, Hi,
good morning. Are you yes, ma'am?

Speaker 4 (10:01):
So, I'm wondering if this is a bad idea of
me trying to take Mercury Insurance to small claims court
for a claim they denied. Briefly, my car was dead
in the driveway. I had it towed to the dealership.
They said it was rodent damage. Rodent damage, Yeah, like

(10:24):
rodents got in there.

Speaker 1 (10:26):
And oh oh I thought you were wired. Oh I
thought you were talking about maybe a rat driving your car.
And I go, how does that work? Okay, getting into
an accident, okay, road and damage, got it wires, roadent
damage okay? And uh they and you turn into Mercury
and they said no, thank you.

Speaker 4 (10:43):
Right after about six weeks they said no, the wires
were cut to say that, yeah, they're very careful to
say the dealership didn't. Wasn't the one cutting the wires?
They won't say who.

Speaker 1 (10:57):
Hey, let me ask you. Okay, I'm going to stop
you there for a minute. Did you take pictures of
the wire?

Speaker 4 (11:04):
They did, and I have pictures, okay, And it.

Speaker 1 (11:06):
Shows that the wires have been chewed right as opposed
to cut.

Speaker 4 (11:11):
It does, but in Mercury says they were cut.

Speaker 1 (11:16):
Okay, I got it. So they say they were cut,
and you have proof that says they were chewed. All right,
fair enough? What am I missing?

Speaker 4 (11:23):
How it's all the proof in the world.

Speaker 1 (11:27):
It's all the proof in the world. There's your car.
If you do is prove your car, that that's your car.
Wires are chewed. And the fact that they denied it,
I don't. I have no idea why they would do
that because I have Mercury and they've always been good.
Your question is can I take a mission way? Why?

Speaker 4 (11:45):
Because there is fraud and there have been cases that
people have taken their cars someplace and the dealership or
mechanics have cut the wires and then say, oh, go
through your insurance company.

Speaker 1 (11:58):
But you have the proof that the wires aren't cut, Julie,
you have pictures that show the wires have been chewed on.
I know, Okay, so let's stop right there. I don't
care how much fraud is out there. So you've got
proof that the rodents ate your wire, ate your car.
And now Mercury says been cut. Pretty clear, pretty clear

(12:19):
cut to me. Huh okay, So now your questions. Can
you take Mercury to court? Right? You think so?

Speaker 5 (12:28):
No?

Speaker 1 (12:28):
Because well, first of all, you have an arbitration agreement
that you agree to. You have to take them to arbitration.
That's what you have to do, read your policy. But
but you're gonna win. I mean, you know, hey, you
know they say it's cut. Here it is, here's the
tu marks. I mean, what do you do with that? Crazy? Diane? Hello, Diane, welcome.

Speaker 2 (12:50):
Hi, thanks for taking my call.

Speaker 3 (12:52):
I recently received some information from a contractor about some
irrigation repairs that took place five years ago.

Speaker 4 (13:02):
I was never built, I have sold the house.

Speaker 6 (13:07):
I have no recollection of this. There were some issues,
it could have happened, but I sure don't remember it.

Speaker 1 (13:13):
No understood, understood, And this happened, and this was five
years ago, right in the contractors claiming it that the
services were five years ago? Is that correct?

Speaker 4 (13:23):
That's right?

Speaker 3 (13:24):
Okay, basically did some cleaning, found the billing and wants
me to pay.

Speaker 1 (13:29):
Now, okay, wait a second, he did some cleaning, not
at your place, but he did some cleaning at his facility.

Speaker 4 (13:36):
That's correct, and found Okay, got it?

Speaker 1 (13:38):
I got it? Okay. And what your question is.

Speaker 4 (13:43):
Do I still have to pay after five years?

Speaker 1 (13:45):
No? Do you know how to spell statute of limitations?
A statute? It's statue s A T S A T
A T U T E statute of limitations. And you
can also say, here's another one you can spell for
him is go pound Sam. I'll go pound Sand. I'm sorry,

(14:07):
not Sam. No, can't touch you, cannot touch you. Okay,
So and I would share with him. Oh also sol
straight out you want to do and that I can't
actually say it, but that's spelled out too. Okay. I
think if you get those three you're fine. Hey, if
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(14:31):
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(15:14):
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(15:34):
NetSuite dot com slash handle. That's NetSuite dot com slash handle.
This is handle on the law.

Speaker 5 (15:43):
You're listening to bill handle on demand from kf I
a M six forty.

Speaker 1 (15:50):
KFI handle. Here. It is a Saturday morning, and we
do have some lines open. We are off to start
with some lines open, sure, Philip, which you're probably not
going to be getting into if you wait very much longer.
And the number is eight hundred five to two zero
one five three four eight hundred five two zero, one,

(16:13):
five three four, Hey, welcome back. Handle on the law
marginal legal advice where I tell you have absolutely no case.

Speaker 5 (16:24):
Terry, Hello, Terry, welcome, Hi you, good morning.

Speaker 1 (16:30):
Go ahead, Terry Bill.

Speaker 7 (16:32):
I'm nervous, okay, so deal with me.

Speaker 5 (16:35):
This is my fourth time.

Speaker 1 (16:37):
This is your first time or fourth time? Would you say?
First time? First time? Got it? Okay? And by the way,
don't be nervous. You know there's only several million people
that are waiting for you to screw up and make
fun of you. All right, So just relax, okay, thank you.

Speaker 7 (16:55):
I have been married to my husband for six That
is telling you.

Speaker 6 (17:00):
Yeah.

Speaker 7 (17:00):
Sorry, he got I think he had surgery twenty twenty two.

Speaker 5 (17:04):
It didn't go very well.

Speaker 7 (17:06):
He's not paralyzed, he can talk, he can work, cannot
move any part of his body. He's in a rehab
two years. This happens twenty twenty two. So twenty twenty three,
I've got his pitzpatrick him into giving our son power
of attorney locking me out of the account. So now

(17:31):
the hostitwal bill or the rehabilitation bill is.

Speaker 1 (17:34):
Not being paid.

Speaker 7 (17:36):
And I found out that our son is embezzling the money.

Speaker 1 (17:40):
Oh how'd you find out, Terry? Terry, how'd you find
that out?

Speaker 2 (17:44):
I found out?

Speaker 1 (17:48):
Okay, just lost you just lost you. Let's do this again. Sorry,
you just cut out? How did you find out your
son is embezzling the money?

Speaker 7 (17:57):
I got a hold of my husband's phone and I
went to I saw that he was selling money to himself.

Speaker 1 (18:06):
Okay, got it right, all right. I'm just curious. I
was just curious how he did it?

Speaker 5 (18:10):
All right?

Speaker 1 (18:10):
So what's your question?

Speaker 7 (18:12):
So my question is I have three questions. What is
the best thing for me to do?

Speaker 1 (18:17):
Okay, probably fun Probably probably go in and file the
conservatorship probably is the way to go. What's your other
two questions?

Speaker 7 (18:28):
Okay, okay, Now that my I don't have the power, Tony.

Speaker 1 (18:34):
File the conservatorship. File the conservatorship. It's gonna get a
little complicated. You're gonna need a lawyer on this one,
because what you're gonna have to do is have the
court freeze the account immediately, and that gives that tells
the bank everything is frozen, nothing can be paid. In
the meantime, you file a conservatorship. The freezing of the

(18:56):
account happens immediately. The conservatorship takes little bit more time.
It takes weeks actually, Uh. And you're going to argue
the embezzlement and how you have to take over your
husband's finances. All right, So that's number two. What's number three?

Speaker 3 (19:12):
Terry?

Speaker 7 (19:15):
It is since my name is not in the since
I don't have the polifi No.

Speaker 1 (19:21):
You know you No, that's quite. That's two, Terry. You
asked to again it doesn't work.

Speaker 7 (19:26):
Okay, okay, Terry, yeah, you're yeah.

Speaker 1 (19:31):
If you're on the bill, are you did you sign
a responsible responsibility for the bill? Well, it doesn't matter
because you're married. Okay. You want to go to a
trust in a state attorney. I don't have a lawyer
for trust in the states. No, No, you have to
do your own research. Uh. And you're going to need
a trust in a state lawyer because you're gonna have
to go in and first of all have an emergency

(19:51):
order freezing that account, and then you go for the conservatorship.
And if you can prove the embezzlement, and it looks
like you can, uh, then I think you're going to
to get it and your son's going to be cut out.
And then also i'd go to the police or the
DA's office and have a police report written and hopefully
he gets arrested for doing that, and if not, you
just hurt him very badly. You hire someone to kill him. Rita, Hello, rita.

Speaker 6 (20:15):
Boy, And I thought.

Speaker 4 (20:16):
I had problems morning Bill.

Speaker 2 (20:20):
Yes, ma'am, I have a question.

Speaker 6 (20:23):
If someone has a reverse mortgage on their house and
then they passed away, how long approximately does it take
for the reverse mortgage company to take over the house
and change the locks and all that.

Speaker 1 (20:39):
Yeah, about thirty nine minutes.

Speaker 6 (20:43):
Oh really, Now.

Speaker 1 (20:45):
Okay, let me explain what actually happens. All right, the
mortgage company should know fairly quickly, and naturally no one
wants to tell the mortgage company. Family members don't tell
the mortgage company, of course, and so whoever lives there
gets to live there for a period of time. And
what's going to happen is the mortgage company may come

(21:07):
back because they're entitled to have the car, have the
house brought back to them, and then they sell it
because and then they get the house and the property.
So that's how reverse mortgage mortgages work. You die, or
you move, or you sell. Mortgage company gets the property,
and of course they've given you a pile of money,

(21:28):
or given you a given you a monthly stipen. It
doesn't have to be and it doesn't have to be
the mortgage company that's holding the mortgage, because that was
paid off by the people that are lending you the money.
And so what should happen is whoever's holding that mortgage.
You call them up and you say, hey, my relative died.

(21:50):
What do you want me to do? And they'll tell
you what to do. You can hang on to it.
But there are all kinds of ramifications there, because when
they find out that your loved one die and you've
been in the home for a year, that becomes a
little problematic, and then you just cooperate. Usually that happens
when you're not living in the house and who's ever
living in the house dies. If you are living in

(22:12):
the house, you're absolutely I know this, You're going to
screw the company that's holding the mortgage and then problems ensue.
So really the responsibility is to from the family or
whoever is handling the estate of the deceased person. I
actually say deceased the dead person the person who is

(22:35):
now worm food. Okay, that's how it works. So yeah,
to what I'm telling you is cooperate and do it
as reasonably quickly as you can. You don't have to
do it now, you don't have to do it tomorrow
because you're busy bearing whoever, or you know, taking them
to if you're going to cremate them, taking them to
the barbecue place, whatever the hell they do it. But

(22:57):
it has to be reasonable. It's got to be reasonable time.
This is handle on the law. Can't buy handle here
until eleven o'clock and phone number is eight hundred and
five two zero one, five three four. All right, we
are occasionally this happens. We are a little short of

(23:17):
phone calls. This is one of the things I hate
about this show. I generally love doing this, but it's
caller driven. You don't call. I can't make fun of you.
You don't call. I can't harass you and tell you
to go pound sand So let me do this. This
is what we're going to listen to for the rest
of the show. Baby, Baby, set unless you call baby.

(23:47):
Notice I don't take calls in the morning on my
Monday through Friday show. And why is that? Because it's
all caller driven out and even to the point where
I mean a lot of people call this summer so moronic. Okay,
but let's just kick back eight hundred and five two
zero one five three four and we'll all sit back

(24:09):
and just enjoy favorite songs.

Speaker 5 (24:14):
Sho.

Speaker 1 (24:21):
Okay, all right, let's take a phone call while you're listening.
Do we uh listen? Uh? I wonder if you can.
I wondering if you can play that in the background
while we, uh, while we take the phone calls. Of
course we can, but I don't think I've ever done that.
So let's hold on a minute. Okay, Bob, you're up. Welcome, Hello, Bob, Hey.

Speaker 5 (24:43):
How you doing? And I got that song stuck in
my head It's gonna be that's.

Speaker 1 (24:46):
The whole point, Bob.

Speaker 5 (24:49):
Well, I didn't have to hear it.

Speaker 1 (24:51):
But yeah, good good, that's yes, go ahead.

Speaker 5 (24:55):
Can you do a will life of staying and it's
just basically will while you're on hospice the day before
you die?

Speaker 1 (25:03):
Yeah you can. You can do it five minutes before
you die. There are some rules. You have to know
what you're doing. That's for starters. You can't be out
of your mind there if you're under duress or coercion.
For example, let's say you have a pile of money,

(25:23):
and you have beneficiaries, and you've left a will or
a trust in which they are beneficiaries, and it's been
around for years and then all of a sudden you
die and you hit the floor and the caregiver walks
in and goes, hey, I've got a will that leaves

(25:44):
everything to me or our dead person. Your family member
who love you and wanted to take care of you
left everything to me. Then you have some real issues
going on. But if you know what you're doing, yeah,
you can literally change change it thirty seconds before you die.

(26:04):
Nothing nothing wrong with that. Do you let me ask
them about are you caught up in this personal situation?

Speaker 5 (26:11):
Yes, my wife and I are. And it was a
caregiver that did this and it was nothing of it.
Lets They did a life the state deed for there's
two people in the deed, my wife and the other person.

Speaker 1 (26:24):
Okay, I got it. So okay, so a life of
state deed to the caregiver. Correct, Yeah, Okay, when was
this done before your loved one? Assuming this the loved one.

Speaker 5 (26:36):
Died, well, it was done two days before she died.

Speaker 1 (26:42):
But the yeah, it was written up two days before
she died. Okay. Uh, that falls right into this really
stinks category. Uh. And how much? How much is the
property worth?

Speaker 5 (26:55):
Thousand?

Speaker 1 (26:56):
Okay? Uh? Trust an estate lawyer, trust and state lawyer,
freezing everything and instantly attack that document. I mean, right now,
you attack that document and based on what you said,
out goes the caregiver gone, because you know, just go ahead.

Speaker 5 (27:19):
Well, we did file for a quiet title action with dejection.
They filed this paperwork six months after she passed away.
We were trying to vict her, and she filed the
paperwork after she got the viction notice.

Speaker 1 (27:34):
Okay, fine, so there's gonna be a hearing. You still
have to bring an attorney in there, all right. So
there's a date she's going to ask for for a
quiet title, meaning that she is claiming title to the
property and any other aspect is on hold pending hearing
that she says I own the property. We're talking about

(27:56):
the caregiver, and based on way to say, she's gonna lose.
I mean, you know, three days before changing everything, caregiver.
And of course you're gonna argue duress or coercion or
unjust influence. Of course you're gonna win that one. And
then you also want to hurt the caregiver. Okay, is

(28:18):
it an elderly person the caregiver, I'm not sure, the fifties, fifties,
you know, it's more fun really hurting people that are
a lot older than that. It's easier, but it still works.
You're gonna do, You're gonna do. Just fine. Absolutely, just fine. Hey,
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(28:44):
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(29:06):
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(29:27):
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(29:51):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six forty