Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law marginal legal advice, where I tell you
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
(00:23):
go to handle on the law dot com. Click on
the join today tab at the top of the page.
Speaker 2 (00:28):
The followings up here recorded program.
Speaker 1 (00:30):
This is handle on the Law marginal legal advice where
I tell you have absolutely no case, and hopefully you don't.
Speaker 2 (00:38):
There is and I even understand this, the most people don't.
Speaker 1 (00:42):
The United States, under the fourteenth Amendment of the Constitution,
is really clear. Anybody that's born in the United States
is a citizen of the United States.
Speaker 2 (00:50):
Period done.
Speaker 1 (00:52):
The courts have affirmed that over and over again, and
as you probably know, the President Trump has tried to
under that, saying that no, we're got to get rid
of birthright citizenship. By the way, most countries in the
world do not have birthright citizenship. If someone is not
in the country legally and a child is born of
(01:13):
that illegal person, that does not give the child the
right to be a citizen. The United States is different.
It doesn't matter what the reason the parents are in.
Speaker 2 (01:23):
The United States.
Speaker 1 (01:23):
They can be illegal, they can be on the run,
they can be fleeing a government.
Speaker 2 (01:29):
It doesn't matter.
Speaker 1 (01:29):
If the kid is born in the United States, boom
automatic citizenship. And the President wants to undo that because
there are so many illegal migrants in the United States
who have kids and they are all American citizens, and
the President does not particularly please with that, so he
is trying to undo the birthright citizenship. The problem really
(01:51):
is the power of not only this case, which I
think is going to be no issue. The problem here
is a Supreme Court is looking at the power of
a district judge, a district court judge, a single judge
at the lowest level of the federal judicial system.
Speaker 2 (02:11):
You have district court judges.
Speaker 1 (02:13):
On top of that, you have the Appeals court judges,
and on top of that you have the Supreme Court judges,
the justices, And as of right now, a single judge,
district court judge, let's say in Los Angeles's say in
Des Moines or Atlanta, can stop the government, the federal
(02:34):
government and say you cannot do this, and that is
the issue.
Speaker 2 (02:38):
The real issue here.
Speaker 1 (02:40):
How far does a decision from a district court judge
go Because even the appeals court, their decisions deal with
their district. For example, the Ninth District of which we
in Hawaii and Washington and Oregon are part of. If
an appellate decision is made, it's only for that district
(03:04):
and the first Circuit, which is New York and deals
a lot with financial issues, probably the most important financial
part of the judiciary, that only.
Speaker 2 (03:14):
Deals with that section of the country.
Speaker 1 (03:17):
So the Supreme Court is going to rule, and they
actually accepted arguments. Usually Supreme Court when they don't want
to hear it, you know, we don't want to hear it,
they just deny circiory. Five thousand cases approximately are filed
to be heard by the Supreme Court every year. They
hear about eighty and usually it's they deny cciority without
even saying why just now, I don't want to hear it,
(03:38):
which means that whatever lower court decision is made is maintained,
so we'll see where the court goes. And the fact
that they're willing to hear those arguments, that is that
tells us something about which way the Supreme Court is
going to go. And this has to do with the
power of the presidency. Also, they're hearing a bunch of
(03:59):
cases in which this court is going to give the president,
any sitting president, extraordinary powers. Congress has given the president,
and this is both Republican and Democratic Congresses more and
more and more power. And I don't think that's going
to stop. All right, let's go ahead and take some
(04:19):
phone calls.
Speaker 2 (04:21):
Jeff, Hello, Jeff, welcome, Hello, Yes.
Speaker 3 (04:24):
Bill, Hey, I'll be quick. My brother passed away and
he wrote me out of his will years ago because
he did not like my now ex wife. And a
month before he died, he called myself, he called my sister,
who's the sole beneficiary and executor, and then he sent
(04:47):
both of us a text message that said, I want
my brother Jeff to have fifty percent of my assets,
and now my sister's refusing to share and honor his wishes.
Speaker 2 (05:01):
A case, Well, Jeff, has the was the will changed?
Speaker 3 (05:05):
No, the will was not changed.
Speaker 2 (05:06):
Then you have no case.
Speaker 1 (05:08):
Okay, It's all you do is have a case to
contest the will based on what he said. But if
you already know that the will hasn't been changed. I mean,
he can write you all day long. You know, I'm
going to leave you the money, I love you, and
then if nothing changes, nothing changes. Yeah, that's a that's
a tough one. Oh here's one, Jose, welcome to handle
(05:31):
on the law.
Speaker 4 (05:34):
Hi Bill, Yes, sir, So, question about a year ago,
I bought a wood door for my home, a really
nice looking door. It's called distressed wood about yeah. Yeah,
So about two weeks after they installed it, I noticed
cracks in the door. Okay, black, I could actually see
(05:56):
light coming through. I contact did the reseller. They said, oh, no,
you have to go talk to the manufacturer. I contacted
the manufacturer and in turn, they sent me back to
the reseller.
Speaker 2 (06:10):
Yeah that's easy. So what's your question?
Speaker 4 (06:13):
Okay, So I had a tough time with the reseller,
just just trying to take my calls. I guess he
finally got tired tired of me bugging them, and I
actually spoke to the owner. He replaced the door as
a one time courtesy.
Speaker 2 (06:31):
Nothing worked that way.
Speaker 1 (06:33):
No, No, not as a courtesy. That's his job. He's
obligated to replace that door. Jose, So you know, being
him being curticed and all that. That's crap. All right,
you got so you got a new door.
Speaker 4 (06:44):
Right, So I got a new door. So before I
got the door, he had me signed this agreement saying
he was going to replace that this door as a
one time fee. It's as is, there's no warranty on
the door. Okay, guess what two months later, I got more.
Speaker 1 (07:01):
And you want to know what you can do? Yes, okay,
I would see him in a small claims court and
you're going to argue. And his defense, and it's a
very good defense, is hey, Jose agreed that it was
only to be a one time shot and waives all liability.
And your argument, your defense to that is he made
me sign it. Otherwise he wouldn't have put in the door.
(07:22):
Exactly there it is, and we'll see which way the
court goes.
Speaker 5 (07:26):
Okay, that's it.
Speaker 2 (07:27):
That's your argument, real simple.
Speaker 1 (07:28):
He is going to have a defense of your document,
your signature, your acceptance of his terms, and you're gonna
say I was coerced, and coercion or duress eliminates any contract. Now,
let me spend a minute talking to you about pain.
Chronic pain, which means pain all the time, and it
(07:49):
is horrific to see.
Speaker 2 (07:50):
Someone like that, to live with someone like that, to
suffer it. And I do that.
Speaker 1 (07:55):
My wife, Lindsay, suffers from chronic pain and it's tough
to watch and it feels sort of helpless.
Speaker 2 (08:01):
So here's what she.
Speaker 1 (08:02):
Did to deal with it, is she created the Pain
Game Podcasts to help people who have chronic pain had
trauma which translated into pain. And it's not over to
people who suffer, but people who deal with people who suffer,
and caregivers and I mean all of it is the
Pain Game Podcast. And it's counterintuitive in that it's about
(08:28):
hope and it's about actually giving pain a purpose why
and let's look at it. It's pretty extraordinary stuff. It's
the Pain Game Podcast. So let me suggest you also
subscribe because you get all kinds of great information and
she doesn't blow you out of the water with fifteen
emails a day.
Speaker 2 (08:43):
It's the Pain Game Podcast.
Speaker 1 (08:45):
You go to at the Pain Game Podcast to subscribe
at the Pain Game Podcast. Of course, that's free at
the Pain Game Podcast. Season three just started. Listen to
the Pain Game Podcast. This handle on the law, Welcome
back handle on the law. Marginal legal ad Advice MIAMII yes, ma'am.
Speaker 2 (09:11):
What can I do for you?
Speaker 6 (09:12):
I need a malpractice attorney?
Speaker 2 (09:14):
Oh, how so.
Speaker 7 (09:16):
One?
Speaker 1 (09:17):
Yeah, they're not easy to find unless you have an
amazing case where a lawyer's gonna make a pile of money.
Speaker 6 (09:23):
It's a legal malpractice okay, not medical okay. And I
cannot find anybody that does legal malpractice.
Speaker 2 (09:30):
Oh are you kidding?
Speaker 1 (09:31):
There are tons of lawyers who do legal malpractice. I mean,
it's a myth out there that lawyers won't sue each other.
You know, if I had a decent case, i'd have
lawyers lined up from here down the hall, and if
a really good case, they would all look like they're
brushing their teeth because they'd be foaming at the mouth.
Speaker 6 (09:49):
So I have my appeal attorney says you need to
file a legal malpractice no questions. Okay. My attorney basically
is like an estate case, and he didn't present.
Speaker 8 (09:59):
The an right fair enough.
Speaker 2 (10:01):
All right, Amy, how much money are we talking about?
Speaker 1 (10:05):
Okay, that's enough to really get going on a malpractice attorney.
Now Here is the problem that you have. This is
always a case of legal malpractice. And that doesn't mean
that lawyers don't do it. It just is it's a
double whammy. Is in order to establish legal malpractice, you
effectively have to.
Speaker 2 (10:25):
Try the underlying case because you have to.
Speaker 1 (10:31):
Right, No, I understand, but you lost because of the malpractice,
is the argument.
Speaker 2 (10:37):
If it weren't for the malpractice, you would have won.
That's you. That's your argument.
Speaker 1 (10:43):
Well, but someone has to determine the underlying case you
would have won. It just can't be your opinion, and
it can't be a lawyer's opinion. There has to be
a determination that there was a case there.
Speaker 6 (10:55):
It's under a pill right now. Well, the attorney took
the case because he's like, oh, you have this evidence.
Speaker 2 (10:59):
To Okay, No, I understand that. No, I understand that.
But the appeal I don't know.
Speaker 1 (11:05):
If I don't think it's going to reverse the decision,
it's probably going to kick it back and the trial
goes on again. Let's so let's say evidence was not
introduced that should have been introduced. Well, the appeals court
doesn't have to say, Okay, we're now going to reverse
the decision and uh, give the money to Amy.
Speaker 2 (11:24):
Doesn't work that way.
Speaker 1 (11:25):
What the appeals court does is reverse the decision that
you lost and says you get to try it again,
and the evidence has to be introduced, so it's an
underlying trial that has to go. But there are plenty
of malpractice attorneys, attorney malpractice attorneys go to Handle on
the Law dot com.
Speaker 6 (11:40):
I went on the lawn and there's no Well.
Speaker 1 (11:43):
Then then they don't think. Then they don't think there's
a case there. Amy, then my.
Speaker 6 (11:48):
Lawyers, there's no category for finding.
Speaker 2 (11:51):
A legal Oh yeah, there's you know, have you talked
to anybody? No?
Speaker 6 (11:57):
Call?
Speaker 2 (11:58):
Yeah, call and yeah.
Speaker 1 (12:00):
This is one of those where yeah, because usually there
I don't know any lawyers who specialize in legal malpractice. Well,
actually I do, but they're not handling the law because
that's a sub subspecialty.
Speaker 2 (12:12):
But try it.
Speaker 1 (12:12):
Call Handle on the Law dot com. Elizabeth, Hello Elizabeth,
Hi Bill.
Speaker 8 (12:18):
I've owned a rental property with someone for sixteen years.
The last eight there's been no financial contribution on his part.
So he's a crew about twelve grand. So now the
when the equity was down, he verbally said, you know,
I owe you this much. It's a clean wash. Take it.
(12:39):
Now equality's up. He's kind of creeping back in the picture.
Speaker 1 (12:42):
Yeah, and Elizabeth, when he said it's a wash of
course you didn't put it in writing.
Speaker 2 (12:46):
Did you.
Speaker 1 (12:48):
No?
Speaker 2 (12:48):
Okay, he's a full partner, so he.
Speaker 8 (12:51):
Has no we have no agreement writing.
Speaker 1 (12:53):
Down, and he's just going to say too bad, and
then you have to prove that at their ccumstances were different.
Speaker 2 (13:01):
I think you're out of luck, Elizabeth.
Speaker 8 (13:02):
Okay, So can I put in the ESCO papers to
at least for him to at least pay me what
he owes me? Because I'm now at this point don't
trust me? Guy?
Speaker 2 (13:12):
But you don't. Yeah, I understand it.
Speaker 1 (13:14):
But you don't have anything in writing that he owes
you than money. You don't have anything in writing that
the expenses will be split.
Speaker 2 (13:20):
Do you.
Speaker 9 (13:22):
Well?
Speaker 8 (13:23):
I just showed like the first eight years everything fifty
to fifty.
Speaker 4 (13:25):
That right, Well, that's the point.
Speaker 1 (13:26):
I would just sue him for that. You can't put
that nescro Escrow is going to do jack about that.
You assume him free. How much is it eight twelve
thousand dollars? What does he owe you? Yeah?
Speaker 8 (13:35):
It's about twelve.
Speaker 1 (13:36):
Okay, Well here's what I would do. I would go
to small claim score. You can put it in escrow,
you can put a lean against it. But I don't
know what they're going to do. You can stop the
whole thing. You can actually put something called list pendance
against it where it just stops and I don't even care.
Speaker 2 (13:50):
I don't know way to say.
Speaker 8 (13:51):
I mean, I care, but like, can you really force
the sale?
Speaker 2 (13:54):
Yeah? Absolutely? Oh absolutely you can force the sale. How
much is the property worth, Elizabeth?
Speaker 8 (14:00):
Not much? Let's say a hundred.
Speaker 2 (14:02):
Still you can force it. You can force the sale,
and you tell them, hey, you he wants to force
the sale, he can force it.
Speaker 8 (14:08):
I don't want to sell it. He I don't want
to buy you out either.
Speaker 2 (14:11):
He can absolutely force the sale.
Speaker 8 (14:13):
Yeah, okay, so he does have that right.
Speaker 1 (14:14):
Oh yeah, yeah, you were brilliant and getting absolutely nothing
in writing.
Speaker 10 (14:20):
Uh yeah, Alice, Hello Alice, No, yes, ma'am here, Yes,
so on on in a big way.
Speaker 2 (14:32):
Thank you.
Speaker 11 (14:33):
I have a question about I'm having some issues with
my employer that are causing me emotional mental distressing as
well as still physical ailments. I've been documenting all the stuff,
but I do not have a question personal notes and
emails raft myself. Are those accountable?
Speaker 3 (14:49):
Are those Yeah?
Speaker 1 (14:50):
They count getting out because yeah, sure they help because
they're you're experiencing something and putting it on paper immediately,
and that has a lot more oomph than oh yeah
a week ago this happened to me, or uh six
months ago.
Speaker 2 (15:05):
Where a month ago my.
Speaker 1 (15:07):
Boss said this, if you if your boss says something,
if you're treated unfairly, if there is some issue of discrimination,
and you literally walk out the door and write it
down and say eleven oh two am.
Speaker 2 (15:20):
Boss said this. Yeah, that's a lot. That's very helpful.
Much more so.
Speaker 11 (15:25):
What about I'm sorry and I have draft emails, drafts
that I meant to go back and put more information on,
but it captured the answers of what happened.
Speaker 2 (15:33):
They keeps us frying.
Speaker 1 (15:34):
Yeah those are okay, Yeah, those are fine if if
I assume they're time stamped and sure it helps.
Speaker 2 (15:40):
Now what kind of discrimination, Alice? Alice? What kind of discrimination?
It doesn't matter if it's a draft form or not.
What kind of discrimination?
Speaker 1 (15:50):
Uh, just.
Speaker 11 (15:52):
Craziness with regard to changing making my deadline moving target,
which kind of stresses me out. Uh, this wintel treatment
between myself and other people with regard to workload and
overtime pay.
Speaker 1 (16:06):
Yeah, I think, well, you want to talk to employment discrimination.
Speaker 2 (16:10):
You're surety who's probably going to blow you off. Yeah, yeah, yeah,
those are hard. Those are hard. Could you quit, you know,
and you go, here's what you want to do. You quit,
and you go to the state and you have stress.
Speaker 1 (16:21):
That's where you get taken care of disability and the
state unemployment and that sort of thing.
Speaker 2 (16:28):
But going against your employer for discrimination, those are very,
very tough to do.
Speaker 4 (16:34):
Mary.
Speaker 2 (16:34):
Hello, Mary, Hi.
Speaker 7 (16:38):
I'm sure you remember about my lawsuit when it took
me out of my house.
Speaker 2 (16:41):
No I don't remember.
Speaker 1 (16:42):
Oh yeah, you're the crazy one. Yes, Mary, Yes, they
took you out of the house, right and what happened.
Speaker 7 (16:47):
Right, Well, the judge gaves twenty four thousand dollars to me,
good to make up for the five hundred and fifty
thousand dollars that they sold my house for. Okay, now
I'm worried because I'm living in an SRO, I'm getting
food stamps. I'm basically living in skilled row. And if
I get that kind of money, they'll take everything away.
(17:09):
I'll be back in the street.
Speaker 2 (17:10):
Who's gonna take Who's Yeah, who's gonna take everything away?
Speaker 7 (17:15):
I don't know. Maybe the I R S may Maybe
I have to take tacks on it.
Speaker 2 (17:18):
I don't know.
Speaker 1 (17:19):
I don't think so because all of it you lost.
So I think you're gonna be okay. You got twenty
four thousand dollars.
Speaker 5 (17:24):
If I have that.
Speaker 7 (17:25):
Even if I have that money, though, can't they take
me out of my low income stuff? Because I know
that you have money. I know I owe twenty thousands
to my lawyers. So it's not even twenty four thousand.
Speaker 2 (17:35):
It's gonna be four thousand.
Speaker 1 (17:36):
It's gonna be oh good, and it's gonna be four
thousand dollars if you got twenty four thousand dollars, so
you're now I wouldn't worry, but.
Speaker 7 (17:42):
You could get kicked out of out of medical if
he has money, not.
Speaker 1 (17:45):
For four thousand dollars you don't. And yeah, no, I
think you're gonna be fine.
Speaker 2 (17:50):
Boys.
Speaker 1 (17:51):
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every week we have a case after case after case.
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Speaker 2 (18:45):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six fortyf.
Speaker 1 (18:55):
I am six forty Bill Handle on a Saturday morning.
Speaker 2 (18:58):
Right up until eleven o'clock.
Speaker 1 (19:00):
Welcome back, Handle on the Law, Marginal Legal Advice.
Speaker 2 (19:05):
Douglas, Hello Douglas.
Speaker 9 (19:07):
Uh, Hi Bill, So my mom passed away in the
hospital and uh we've been trying to get the records
from them and they keep making us jump through hoops.
Speaker 10 (19:17):
Yeah.
Speaker 9 (19:19):
Yeah, there there was no cause of death and we
couldn't get into autopsy. My mom, you know, couldn't have
had one.
Speaker 2 (19:26):
And why couldn't she have because she's too old?
Speaker 9 (19:30):
Well she was ninety one. No, she didn't want one
she told us, okay, kind of thing.
Speaker 1 (19:34):
Did she tell him that before or after she died
she didn't want an autopsy?
Speaker 2 (19:39):
Well? Both, okay.
Speaker 9 (19:42):
But the problem is, so they sent the records, you know,
they made us jump through hoops that we needed proof of,
you know, we were the kids or whatever. We finally
get the records and there's just there's no mention of
like any of her care for that that she was
only there for observation, and then we get the call
that she passed away. They have no problems giving us
pages and pages of when they had to you know,
(20:05):
try CPR and all that stuff, but it's very vague
when it comes to what was her treatment that night.
And it seems that the night that we did find
out that we'll all we know is she took some
you know, they gave us some pain medicine. And then three.
Speaker 1 (20:19):
Hours later, Douglas, did we just lose you? Yeah, you
just cut out. So I'm going to put you on hold.
Speaker 9 (20:26):
You know, I'm still here, but okay, you cut out.
Speaker 1 (20:29):
Okay, So three hours later they give her medication. Three
hours later she's dead, correct, correct.
Speaker 9 (20:35):
And then they checked and there's no like, you know,
when did they check on what we're her bidals. Yeah,
they don't want to give us any of that info.
And this is the second time now that we've tried
to get the records from the hospital.
Speaker 2 (20:45):
Okay, so your question is how do you get the
records or or well.
Speaker 9 (20:49):
I tried to contact some attorneys and everyone said to
first get the records. They wanted to look at them.
So I did do that, you know, but then they
just wanted me to continue doing basically all the work.
So I just we're looking for an attorney basically to tea.
Speaker 1 (21:04):
But here's the problem. When you talk about wrongful death
and your mom is ninety one years old, it's it's
gonna be too easy for them to argue as a
natural she died of natural causes because she's that old.
I think you're gonna have a hard time finding an
attorney that's going to get involved in any medical.
Speaker 9 (21:22):
Maths the problem we're having. I mean, they just said, yeah,
I mean it is.
Speaker 1 (21:24):
I mean it is yeah, because she's ninety one, and
that's your problem. So even though they clearly are mistreating
you and the records, and they they might have very well,
I'm gonna be blended at this point they might have
killed her, Douglas, they might have very well killed her,
But to prove that is going to be really difficult
(21:47):
because you have to prove that either they gave her
the wrong medication or they overdosed her.
Speaker 2 (21:52):
And when they.
Speaker 1 (21:53):
Talk about the notes, I mean, it's right there when
medication was given, what the dosage was.
Speaker 2 (21:59):
So you get to.
Speaker 1 (22:01):
Find out and I don't think a medical mal practicitering
is going to take it. So you get to hire
a doctor to go through those notes and say, yeah,
this or this is not medical medical malpractice.
Speaker 2 (22:11):
And you're now talking about an expert witness doctor.
Speaker 1 (22:14):
And these guys get four five thousand dollars a day
if not, Yeah, just to look at it. Yeah, yeah,
it's a Yeah. The ninety one years old and no obvious,
no obvious male practice is a real real bummer, to
(22:34):
say the least. Brian, Hello, Brian, welcome, Hello, Yes, go ahead, Yes, Brian,
you're there, I'm here.
Speaker 2 (22:45):
Hi.
Speaker 4 (22:46):
I need to know how I would go about selling,
how forcing a cell of a house that I live
that I have half equity with half I'm half untitled
with my sister.
Speaker 1 (22:57):
Okay, okay, that's easy, Okay, that's the that's just any lawyer.
It's called a partition, and literally you force the sale
of the house. The court will make an order that
the house be sold, and usually the court before the
order is given, usually the court will say, hey, the
two of you sit down and figure out do a buyout.
(23:17):
One buys the other out. And then you come back
and say no, we can't agree on the price, and
the court says fine. You know, then the house has
to be sold. So you want to talk to probably
a real estate lawyer. It's not that big a deal.
How much is the house worth? How much equity is there?
Speaker 2 (23:30):
Brian?
Speaker 4 (23:32):
The house is worth eight fifty and we owe three
point thirty. But now I've discovered she borrowed forty eight
thousand extra.
Speaker 2 (23:39):
How did she do? How did she do that without
your name? If you own half the house.
Speaker 4 (23:45):
She qualified for the loan to buy out my brother
and sister, and she took out a little exter. It
looks like that.
Speaker 1 (23:51):
Wait a minute, how does she qualify for the loan
to take out your brother and sister without you signing?
Speaker 2 (23:57):
If you're on title, Brian.
Speaker 9 (24:01):
I have no idea.
Speaker 1 (24:02):
There's something dreadfully wrong there. You want to investigate because
your name was either forged. And keep in mind, if
you're on title, you have to sign off on everything
refise transference. So something's wrong if you're not involved. So
what you want to do is that same lawyer who
(24:24):
you're going to talk to that you say, hey, there's
forty eight grand there that was taken out without me
signing off. So it's definitely time for a lawyer, especially
for half a million dollars in equity.
Speaker 2 (24:35):
That's certainly enough. Hello, Jeff, welcome.
Speaker 12 (24:39):
Hey Bill, thank you.
Speaker 5 (24:40):
Sure.
Speaker 12 (24:42):
So I'm in a situation right now where I purchased
the house with another person. I'm not married to that person.
Things are going, they're going, They're not going great. But
I've thought about maybe what are my options in pulling
out of this arrangement and can I sell? What does
(25:03):
the salvage ability of the.
Speaker 2 (25:06):
House?
Speaker 1 (25:06):
Okay, I mean that's a good question either one of you,
if you own the house. I'm assuming in joint tenancy
or tendency in common how's it held?
Speaker 2 (25:14):
Though in this case it doesn't really matter. What's that
how's that title held?
Speaker 12 (25:19):
The titles held by both of us.
Speaker 2 (25:21):
In joint tendancy?
Speaker 13 (25:23):
Oh yes, I believe so.
Speaker 1 (25:25):
Okay, Well, the first thing to do is make sure
he dies or she dies first, whichever one, and that helps.
Then you own the property completely, and if you die first,
your partner owns the property completely. So now, assuming one
wants to sell and one doesn't want to sell, you
can do what's called a partition where the court will
(25:46):
force the sale. Now, usually if you can't agree on it,
then you go to court and you file the partition
and then the judge will say, hey, you guys, figure
it out. You can do a buyout, get the appraise value,
and either party can by each other out. And then
if you say no, I'm not willing to do that,
they simply sell the house, uh and force the sale
of the house.
Speaker 2 (26:07):
So at this point, what exactly are you looking for?
Speaker 12 (26:13):
I just like curious if there was going to be
like is this like a heavily like? I guess it
really just determined or what the determination is is if
if the relationship and amical belief, well, if it.
Speaker 1 (26:25):
Does, then you guys have to decide. The two of
you have to decide are you both going to live there?
Is one are you going to live there? And if
one of you gonna is going to live there, and
the other one is not who pays the mortgage because
there's a value in living there, you know, for example, Uh,
if someone's living there and you're not, they go, hey,
I'm not going to pay half the mortgage.
Speaker 2 (26:46):
What do you mean That means.
Speaker 1 (26:47):
I subsidize half of your living expenses? And they allow,
and you start arguing. Then you go back to Okay,
I'm going to force the sale the house unless we
cut a deal.
Speaker 2 (26:56):
Uh So it's uh, it really.
Speaker 1 (26:59):
Does and you are dead on it depends on the
amicability of the relationship. This is handle on the Law,
tay fine bill handle.
Speaker 2 (27:10):
Here on a Saturday morning, right up until eleven o'clock.
Speaker 1 (27:13):
Back we go more Handle on the law, Marginal legal advice.
Speaker 2 (27:18):
Irene. Hello, Irene.
Speaker 5 (27:21):
Hello, Yes, ma'am, my son's just passed away.
Speaker 2 (27:27):
And oh your son just passed away Irene. Yes, yeah,
that's way too young. He died of what.
Speaker 5 (27:38):
He just had a heart attack.
Speaker 1 (27:39):
I'm sorry, Okay, so go ahead and I'm sorry.
Speaker 5 (27:44):
Oh well, thank you appreciate it. Anyway, he has a
ten year old child and so now his portion of
the estate goes to this ten year old grandchild. And
what I want to know is will his mother, my
son's I get control of the.
Speaker 1 (28:02):
Estate depends on who is well here it is so
Dad is gone. The only one that's left is is
this mom is a son's wife mom?
Speaker 2 (28:14):
Or is it a step mom?
Speaker 5 (28:15):
The son's wife. Well, the son's wife is mom to
the younger child. He actually had two children when eighteen?
Speaker 1 (28:24):
All right, well, all right, when it comes to the
younger child, where she's mom, she's going to control she is, Oh, yeah,
she's going to go in and I mean the money
isn't going to be handed to her. There has to
be a filing guardian ATLTEM et cetera. And it's going
to be a trust that mom is going to control. Now,
as far as the other child, is the mom still
(28:46):
around someplace.
Speaker 5 (28:48):
Of the other child? Yes, so the other child eighteen?
Speaker 2 (28:51):
Oh no, how old?
Speaker 5 (28:54):
Eighteen?
Speaker 2 (28:54):
Yeah, he get the money. Eighteen, you're already a majority.
He just gets the money.
Speaker 5 (28:59):
I'm not worried about him. But it's the ten year old.
Speaker 2 (29:01):
Well, there's nothing, there's nothing you can do.
Speaker 1 (29:04):
Mom is is going to control this unless you can prove,
Unless you can prove that mom is unfit or has
already been convicted of some financial crime, and therefore there
is an issue in the court, goes, okay, but why
do you not want his wife to control her son's money?
Speaker 5 (29:28):
No particular reason. I think she's a pretty good mom.
Speaker 2 (29:32):
And why do you Yeah, it's all right, got it so.
Speaker 5 (29:35):
That she might, Yeah, we need a new car, right.
Speaker 1 (29:38):
She can't do that. She can't do that. You'd have
a very tough time doing that. It's on behalf of
the child. Now, it could be argued she can say
our car is screwed up. I take the kids and
I want a new car. That's a possibility. But if
you're not going to be able to stop it, because
I mean, that's who deals with.
Speaker 2 (29:59):
It, it's yeah, that's the way it works. Monica. Hello, Monica, welcome.
Speaker 4 (30:04):
Hi, do a question.
Speaker 14 (30:07):
Hi. I enrolled in a DUI program and paid all
my moneys upfront. I got through almost halfway, and the
the company closed abruptly with no notice to any of
the participants and one day's notice to the employees. It
took about a month and a half to find another program,
(30:28):
only to find out that I had to pay all
those fees all over again. And I was wondering how
to recoup the monies to sell.
Speaker 1 (30:36):
Monica, you have to sue them, but there's a good
chance they're out of business.
Speaker 14 (30:41):
Well that that business did close down it.
Speaker 2 (30:43):
Was then then you're suing.
Speaker 1 (30:44):
Then you're suing a company that doesn't exist anymore.
Speaker 4 (30:49):
Would I not sue the individual.
Speaker 2 (30:51):
A company in defense? Was it a corporation?
Speaker 10 (30:54):
Now?
Speaker 1 (30:55):
You can't do a CEO of a corporation. You have
to sue the corporation. And if the corporation is no
longer in business, it's over.
Speaker 2 (31:04):
You're done.
Speaker 4 (31:06):
So what makes it a corporation?
Speaker 2 (31:08):
And you file?
Speaker 1 (31:09):
What makes the corporation is one establishes a corporation under law,
you can have a business as a corporation, an LLC,
a partnership which makes you responsible. If you're a partnership
or a sole propriety proprietor, which makes you responsible corporation
(31:31):
LLC's you're not responsible. The company is responsible. And if
you wrap up the company, that's it.
Speaker 2 (31:36):
You're done.
Speaker 1 (31:37):
No one can sue you because there's nothing there, there's
no company there to sue anymore. So you're screwed Monica,
you know, I mean, there's no way around it. You know,
you get to pay you that much more money it's
no fun. I mean, have I dealt with companies that
have gone out of business?
Speaker 2 (31:52):
Yeah? I have.
Speaker 1 (31:54):
I've been in business a very long time and I
have been involved and they owe me money and then
they go out of business or they go bankrupt, and
I'm done.
Speaker 2 (32:02):
Ruth. Hello, Ruth, welcome to handle on the law.
Speaker 14 (32:07):
Yes, Hi, thank you taking my call.
Speaker 7 (32:10):
I'm going to I have a home and I'm going
to make a will.
Speaker 4 (32:15):
I have a will done.
Speaker 11 (32:17):
And do I have to include my checking and savings
account in that will?
Speaker 1 (32:21):
Now you don't have to, but normally the way a
will is written is you list all the stuff that
you own you want to transfer, and then any other
property goes to whoever you want to list it to.
Speaker 2 (32:32):
So it's not a question of including.
Speaker 1 (32:35):
It's not like a trust that has to the asset
itself has to be in the trust, has to be
transferred to the trust. But will simply describes what you
own and who it goes to.
Speaker 4 (32:45):
Okay, perfect, Okay, thank you very much.
Speaker 2 (32:48):
Right, you got it. So someone's gonna get some money.
Uh hey, Emmanuel, welcome to handle on the law.
Speaker 8 (32:56):
I do.
Speaker 13 (32:56):
Yeah, I'm for a person. Okay, she has a two
hundred thousand dollars annuity and made me as a beneficiary. Okay,
The problem is there is an original beneficiary who's contesting
the money. The lawyer who's going to do the distribution
told me that I cannot get the money because there
is no lawyer who confirmed that I am now the
(33:19):
new beneficiary.
Speaker 2 (33:20):
Well, it's on way.
Speaker 1 (33:21):
Wait wait wait, it's on the document who the beneficiary is.
If you have a duty, it's right there, written on
the document itself. So what are we missing here? Is
that yours at the other original beneficiary.
Speaker 13 (33:36):
The original beneficiary is contesting that.
Speaker 2 (33:39):
I understand what's on the document.
Speaker 1 (33:41):
What name is on the beneficial as beneficiary on the
annuity document?
Speaker 13 (33:46):
You three months before the person died, she put me
as the beneficiary.
Speaker 1 (33:50):
Okay, and changed out the beneficiary name, and now you
have the previous beneficiary contesting it based on what undo
influence coercion? All right, all right, so you get a lawyer.
You're gonna have to fight it. And by the way,
you're you're gonna win that one.
Speaker 2 (34:06):
Unless what you wanted.
Speaker 13 (34:07):
Okay, this is what you wanted. She wants two thirds
of it.
Speaker 1 (34:11):
No, Emmanuel, you say no, I mean you're holding the
cards here. It's your name as a beneficiary, not hers.
Speaker 4 (34:21):
And so for a caregiver.
Speaker 13 (34:24):
Okay, if the trust is gonna give me some money,
there should be a second lawyer to confirm.
Speaker 1 (34:29):
I don't, I don't, I don't know. I've never heard
of that, Emanuel. There has to be a second lawyer. Well,
it helps in terms of evidentiary proof. I mean it
helps to have a second lawyer. But you don't need
a second lawyer. I mean, you're the beneficiary, so you
have to fight it, that's all. And unless uh, the
original uh, the original beneficiary can prove that the patient
(34:51):
was out of her his mind and you were coercing
or under duress. Uh, there has to be some proof
that was Emmanuel de Was it at home where you took.
Speaker 2 (35:01):
Care of this person?
Speaker 5 (35:02):
Yes?
Speaker 13 (35:03):
I took care of that question. Okay. I also have
a video of her saying that she anficial.
Speaker 2 (35:09):
Okay, it helps.
Speaker 1 (35:10):
I mean all of that helps. But I think you're
gonna be okay based on all that. But you may
need an attorney to help you. And by the way,
an attorney would do that on contingency. And you're going
to give up some money for that. Okay, let me
tell you about chronic pain. Let me tell you about hurting.
And if you hurt, and this is chronic, this is
(35:30):
all the time. This isn't just subbing your toe or whatever.
This is constant pain. That that is a horrible situation.
I live with someone who is in constant pain, my wife, Lindsey,
and it is really tough to see that, to experience it,
to see what she does, to see how she deals
with it and helping people. And that's why she started
the Paying Game podcast. It's her podcast that she started
(35:52):
to help people, and therein she helps herself by doing that.
And it's about living with chronic pain and dealing with
people who have pain.
Speaker 2 (36:00):
And that's me.
Speaker 1 (36:01):
I deal with someone who has chronic pain all the time.
And the Pain Game podcast, well, it's pretty amazing. It
really helps. She talks to experts, she talks to people
who who suffer the.
Speaker 2 (36:13):
Way she does.
Speaker 1 (36:15):
She just talks to everybody about dealing with pain. And
every episode ends with a message of hope. She's on
her third episode, by the way, third season.
Speaker 2 (36:24):
Excuse me.
Speaker 1 (36:25):
So it's the Pain Game podcast and it's available wherever
you listen to podcasts. Also, why don't you subscribe and
you'll get some information throughout the week instead of just one.
Speaker 2 (36:36):
Episode per week.
Speaker 1 (36:37):
It's the Pain Game Podcast and the social addresses at
the Pain Game Podcast. That's at the Pain Game Podcast.
And listen to the Pain Game Podcast. This is Handle
on the Law.
Speaker 2 (36:52):
You've been listening to the Bill Handle Show.
Speaker 1 (36:54):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law marginal legal advice, where I tell you
you have absolutely no case. If you're injured need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to help our listeners, please
(00:23):
go to handle on the law dot com. Click on
the join today tab at the top of the page.
Speaker 2 (00:28):
The followings up here recorded program.
Speaker 1 (00:30):
This is handle on the Law marginal legal advice where
I tell you have absolutely no case, and hopefully you don't.
Speaker 2 (00:38):
There is and I even understand this, the most people don't.
Speaker 1 (00:42):
The United States, under the fourteenth Amendment of the Constitution,
is really clear. Anybody that's born in the United States
is a citizen of the United States.
Speaker 2 (00:50):
Period done.
Speaker 1 (00:52):
The courts have affirmed that over and over again, and
as you probably know, the President Trump has tried to
under that, saying that no, we're got to get rid
of birthright citizenship. By the way, most countries in the
world do not have birthright citizenship. If someone is not
in the country legally and a child is born of
(01:13):
that illegal person, that does not give the child the
right to be a citizen. The United States is different.
It doesn't matter what the reason the parents are in.
Speaker 2 (01:23):
The United States.
Speaker 1 (01:23):
They can be illegal, they can be on the run,
they can be fleeing a government.
Speaker 2 (01:29):
It doesn't matter.
Speaker 1 (01:29):
If the kid is born in the United States, boom
automatic citizenship. And the President wants to undo that because
there are so many illegal migrants in the United States
who have kids and they are all American citizens, and
the President does not particularly please with that, so he
is trying to undo the birthright citizenship. The problem really
(01:51):
is the power of not only this case, which I
think is going to be no issue. The problem here
is a Supreme Court is looking at the power of
a district judge, a district court judge, a single judge
at the lowest level of the federal judicial system.
Speaker 2 (02:11):
You have district court judges.
Speaker 1 (02:13):
On top of that, you have the Appeals court judges,
and on top of that you have the Supreme Court judges,
the justices, And as of right now, a single judge,
district court judge, let's say in Los Angeles's say in
Des Moines or Atlanta, can stop the government, the federal
(02:34):
government and say you cannot do this, and that is
the issue.
Speaker 2 (02:38):
The real issue here.
Speaker 1 (02:40):
How far does a decision from a district court judge
go Because even the appeals court, their decisions deal with
their district. For example, the Ninth District of which we
in Hawaii and Washington and Oregon are part of. If
an appellate decision is made, it's only for that district
(03:04):
and the first Circuit, which is New York and deals
a lot with financial issues, probably the most important financial
part of the judiciary, that only.
Speaker 2 (03:14):
Deals with that section of the country.
Speaker 1 (03:17):
So the Supreme Court is going to rule, and they
actually accepted arguments. Usually Supreme Court when they don't want
to hear it, you know, we don't want to hear it,
they just deny circiory. Five thousand cases approximately are filed
to be heard by the Supreme Court every year. They
hear about eighty and usually it's they deny cciority without
even saying why just now, I don't want to hear it,
(03:38):
which means that whatever lower court decision is made is maintained,
so we'll see where the court goes. And the fact
that they're willing to hear those arguments, that is that
tells us something about which way the Supreme Court is
going to go. And this has to do with the
power of the presidency. Also, they're hearing a bunch of
(03:59):
cases in which this court is going to give the president,
any sitting president, extraordinary powers. Congress has given the president,
and this is both Republican and Democratic Congresses more and
more and more power. And I don't think that's going
to stop. All right, let's go ahead and take some
(04:19):
phone calls.
Speaker 2 (04:21):
Jeff, Hello, Jeff, welcome, Hello, Yes.
Speaker 3 (04:24):
Bill, Hey, I'll be quick. My brother passed away and
he wrote me out of his will years ago because
he did not like my now ex wife. And a
month before he died, he called myself, he called my sister,
who's the sole beneficiary and executor, and then he sent
(04:47):
both of us a text message that said, I want
my brother Jeff to have fifty percent of my assets,
and now my sister's refusing to share and honor his wishes.
Speaker 2 (05:01):
A case, Well, Jeff, has the was the will changed?
Speaker 3 (05:05):
No, the will was not changed.
Speaker 2 (05:06):
Then you have no case.
Speaker 1 (05:08):
Okay, It's all you do is have a case to
contest the will based on what he said. But if
you already know that the will hasn't been changed. I mean,
he can write you all day long. You know, I'm
going to leave you the money, I love you, and
then if nothing changes, nothing changes. Yeah, that's a that's
a tough one. Oh here's one, Jose, welcome to handle
(05:31):
on the law.
Speaker 4 (05:34):
Hi Bill, Yes, sir, So, question about a year ago,
I bought a wood door for my home, a really
nice looking door. It's called distressed wood about yeah. Yeah,
So about two weeks after they installed it, I noticed
cracks in the door. Okay, black, I could actually see
(05:56):
light coming through. I contact did the reseller. They said, oh, no,
you have to go talk to the manufacturer. I contacted
the manufacturer and in turn, they sent me back to
the reseller.
Speaker 2 (06:10):
Yeah that's easy. So what's your question?
Speaker 4 (06:13):
Okay, So I had a tough time with the reseller,
just just trying to take my calls. I guess he
finally got tired tired of me bugging them, and I
actually spoke to the owner. He replaced the door as
a one time courtesy.
Speaker 2 (06:31):
Nothing worked that way.
Speaker 1 (06:33):
No, No, not as a courtesy. That's his job. He's
obligated to replace that door. Jose, So you know, being
him being curticed and all that. That's crap. All right,
you got so you got a new door.
Speaker 4 (06:44):
Right, So I got a new door. So before I
got the door, he had me signed this agreement saying
he was going to replace that this door as a
one time fee. It's as is, there's no warranty on
the door. Okay, guess what two months later, I got more.
Speaker 1 (07:01):
And you want to know what you can do? Yes, okay,
I would see him in a small claims court and
you're going to argue. And his defense, and it's a
very good defense, is hey, Jose agreed that it was
only to be a one time shot and waives all liability.
And your argument, your defense to that is he made
me sign it. Otherwise he wouldn't have put in the door.
(07:22):
Exactly there it is, and we'll see which way the
court goes.
Speaker 5 (07:26):
Okay, that's it.
Speaker 2 (07:27):
That's your argument, real simple.
Speaker 1 (07:28):
He is going to have a defense of your document,
your signature, your acceptance of his terms, and you're gonna
say I was coerced, and coercion or duress eliminates any contract. Now,
let me spend a minute talking to you about pain.
Chronic pain, which means pain all the time, and it
(07:49):
is horrific to see.
Speaker 2 (07:50):
Someone like that, to live with someone like that, to
suffer it. And I do that.
Speaker 1 (07:55):
My wife, Lindsay, suffers from chronic pain and it's tough
to watch and it feels sort of helpless.
Speaker 2 (08:01):
So here's what she.
Speaker 1 (08:02):
Did to deal with it, is she created the Pain
Game Podcasts to help people who have chronic pain had
trauma which translated into pain. And it's not over to
people who suffer, but people who deal with people who suffer,
and caregivers and I mean all of it is the
Pain Game Podcast. And it's counterintuitive in that it's about
(08:28):
hope and it's about actually giving pain a purpose why
and let's look at it. It's pretty extraordinary stuff. It's
the Pain Game Podcast. So let me suggest you also
subscribe because you get all kinds of great information and
she doesn't blow you out of the water with fifteen
emails a day.
Speaker 2 (08:43):
It's the Pain Game Podcast.
Speaker 1 (08:45):
You go to at the Pain Game Podcast to subscribe
at the Pain Game Podcast. Of course, that's free at
the Pain Game Podcast. Season three just started. Listen to
the Pain Game Podcast. This handle on the law, Welcome
back handle on the law. Marginal legal ad Advice MIAMII yes, ma'am.
Speaker 2 (09:11):
What can I do for you?
Speaker 6 (09:12):
I need a malpractice attorney?
Speaker 2 (09:14):
Oh, how so.
Speaker 7 (09:16):
One?
Speaker 1 (09:17):
Yeah, they're not easy to find unless you have an
amazing case where a lawyer's gonna make a pile of money.
Speaker 6 (09:23):
It's a legal malpractice okay, not medical okay. And I
cannot find anybody that does legal malpractice.
Speaker 2 (09:30):
Oh are you kidding?
Speaker 1 (09:31):
There are tons of lawyers who do legal malpractice. I mean,
it's a myth out there that lawyers won't sue each other.
You know, if I had a decent case, i'd have
lawyers lined up from here down the hall, and if
a really good case, they would all look like they're
brushing their teeth because they'd be foaming at the mouth.
Speaker 6 (09:49):
So I have my appeal attorney says you need to
file a legal malpractice no questions. Okay. My attorney basically
is like an estate case, and he didn't present.
Speaker 8 (09:59):
The an right fair enough.
Speaker 2 (10:01):
All right, Amy, how much money are we talking about?
Speaker 1 (10:05):
Okay, that's enough to really get going on a malpractice attorney.
Now Here is the problem that you have. This is
always a case of legal malpractice. And that doesn't mean
that lawyers don't do it. It just is it's a
double whammy. Is in order to establish legal malpractice, you
effectively have to.
Speaker 2 (10:25):
Try the underlying case because you have to.
Speaker 1 (10:31):
Right, No, I understand, but you lost because of the malpractice,
is the argument.
Speaker 2 (10:37):
If it weren't for the malpractice, you would have won.
That's you. That's your argument.
Speaker 1 (10:43):
Well, but someone has to determine the underlying case you
would have won. It just can't be your opinion, and
it can't be a lawyer's opinion. There has to be
a determination that there was a case there.
Speaker 6 (10:55):
It's under a pill right now. Well, the attorney took
the case because he's like, oh, you have this evidence.
Speaker 2 (10:59):
To Okay, No, I understand that. No, I understand that.
But the appeal I don't know.
Speaker 1 (11:05):
If I don't think it's going to reverse the decision,
it's probably going to kick it back and the trial
goes on again. Let's so let's say evidence was not
introduced that should have been introduced. Well, the appeals court
doesn't have to say, Okay, we're now going to reverse
the decision and uh, give the money to Amy.
Speaker 2 (11:24):
Doesn't work that way.
Speaker 1 (11:25):
What the appeals court does is reverse the decision that
you lost and says you get to try it again,
and the evidence has to be introduced, so it's an
underlying trial that has to go. But there are plenty
of malpractice attorneys, attorney malpractice attorneys go to Handle on
the Law dot com.
Speaker 6 (11:40):
I went on the lawn and there's no Well.
Speaker 1 (11:43):
Then then they don't think. Then they don't think there's
a case there. Amy, then my.
Speaker 6 (11:48):
Lawyers, there's no category for finding.
Speaker 2 (11:51):
A legal Oh yeah, there's you know, have you talked
to anybody? No?
Speaker 6 (11:57):
Call?
Speaker 2 (11:58):
Yeah, call and yeah.
Speaker 1 (12:00):
This is one of those where yeah, because usually there
I don't know any lawyers who specialize in legal malpractice. Well,
actually I do, but they're not handling the law because
that's a sub subspecialty.
Speaker 2 (12:12):
But try it.
Speaker 1 (12:12):
Call Handle on the Law dot com. Elizabeth, Hello Elizabeth,
Hi Bill.
Speaker 8 (12:18):
I've owned a rental property with someone for sixteen years.
The last eight there's been no financial contribution on his part.
So he's a crew about twelve grand. So now the
when the equity was down, he verbally said, you know,
I owe you this much. It's a clean wash. Take it.
(12:39):
Now equality's up. He's kind of creeping back in the picture.
Speaker 1 (12:42):
Yeah, and Elizabeth, when he said it's a wash of
course you didn't put it in writing.
Speaker 2 (12:46):
Did you.
Speaker 1 (12:48):
No?
Speaker 2 (12:48):
Okay, he's a full partner, so he.
Speaker 8 (12:51):
Has no we have no agreement writing.
Speaker 1 (12:53):
Down, and he's just going to say too bad, and
then you have to prove that at their ccumstances were different.
Speaker 2 (13:01):
I think you're out of luck, Elizabeth.
Speaker 8 (13:02):
Okay, So can I put in the ESCO papers to
at least for him to at least pay me what
he owes me? Because I'm now at this point don't
trust me? Guy?
Speaker 2 (13:12):
But you don't. Yeah, I understand it.
Speaker 1 (13:14):
But you don't have anything in writing that he owes
you than money. You don't have anything in writing that
the expenses will be split.
Speaker 2 (13:20):
Do you.
Speaker 9 (13:22):
Well?
Speaker 8 (13:23):
I just showed like the first eight years everything fifty
to fifty.
Speaker 4 (13:25):
That right, Well, that's the point.
Speaker 1 (13:26):
I would just sue him for that. You can't put
that nescro Escrow is going to do jack about that.
You assume him free. How much is it eight twelve
thousand dollars? What does he owe you? Yeah?
Speaker 8 (13:35):
It's about twelve.
Speaker 1 (13:36):
Okay, Well here's what I would do. I would go
to small claim score. You can put it in escrow,
you can put a lean against it. But I don't
know what they're going to do. You can stop the
whole thing. You can actually put something called list pendance
against it where it just stops and I don't even care.
Speaker 2 (13:50):
I don't know way to say.
Speaker 8 (13:51):
I mean, I care, but like, can you really force
the sale?
Speaker 2 (13:54):
Yeah? Absolutely? Oh absolutely you can force the sale. How
much is the property worth, Elizabeth?
Speaker 8 (14:00):
Not much? Let's say a hundred.
Speaker 2 (14:02):
Still you can force it. You can force the sale,
and you tell them, hey, you he wants to force
the sale, he can force it.
Speaker 8 (14:08):
I don't want to sell it. He I don't want
to buy you out either.
Speaker 2 (14:11):
He can absolutely force the sale.
Speaker 8 (14:13):
Yeah, okay, so he does have that right.
Speaker 1 (14:14):
Oh yeah, yeah, you were brilliant and getting absolutely nothing
in writing.
Speaker 10 (14:20):
Uh yeah, Alice, Hello Alice, No, yes, ma'am here, Yes,
so on on in a big way.
Speaker 2 (14:32):
Thank you.
Speaker 11 (14:33):
I have a question about I'm having some issues with
my employer that are causing me emotional mental distressing as
well as still physical ailments. I've been documenting all the stuff,
but I do not have a question personal notes and
emails raft myself. Are those accountable?
Speaker 3 (14:49):
Are those Yeah?
Speaker 1 (14:50):
They count getting out because yeah, sure they help because
they're you're experiencing something and putting it on paper immediately,
and that has a lot more oomph than oh yeah
a week ago this happened to me, or uh six
months ago.
Speaker 2 (15:05):
Where a month ago my.
Speaker 1 (15:07):
Boss said this, if you if your boss says something,
if you're treated unfairly, if there is some issue of discrimination,
and you literally walk out the door and write it
down and say eleven oh two am.
Speaker 2 (15:20):
Boss said this. Yeah, that's a lot. That's very helpful.
Much more so.
Speaker 11 (15:25):
What about I'm sorry and I have draft emails, drafts
that I meant to go back and put more information on,
but it captured the answers of what happened.
Speaker 2 (15:33):
They keeps us frying.
Speaker 1 (15:34):
Yeah those are okay, Yeah, those are fine if if
I assume they're time stamped and sure it helps.
Speaker 2 (15:40):
Now what kind of discrimination, Alice? Alice? What kind of discrimination?
It doesn't matter if it's a draft form or not.
What kind of discrimination?
Speaker 1 (15:50):
Uh, just.
Speaker 11 (15:52):
Craziness with regard to changing making my deadline moving target,
which kind of stresses me out. Uh, this wintel treatment
between myself and other people with regard to workload and
overtime pay.
Speaker 1 (16:06):
Yeah, I think, well, you want to talk to employment discrimination.
Speaker 2 (16:10):
You're surety who's probably going to blow you off. Yeah, yeah, yeah,
those are hard. Those are hard. Could you quit, you know,
and you go, here's what you want to do. You quit,
and you go to the state and you have stress.
Speaker 1 (16:21):
That's where you get taken care of disability and the
state unemployment and that sort of thing.
Speaker 2 (16:28):
But going against your employer for discrimination, those are very,
very tough to do.
Speaker 4 (16:34):
Mary.
Speaker 2 (16:34):
Hello, Mary, Hi.
Speaker 7 (16:38):
I'm sure you remember about my lawsuit when it took
me out of my house.
Speaker 2 (16:41):
No I don't remember.
Speaker 1 (16:42):
Oh yeah, you're the crazy one. Yes, Mary, Yes, they
took you out of the house, right and what happened.
Speaker 7 (16:47):
Right, Well, the judge gaves twenty four thousand dollars to me,
good to make up for the five hundred and fifty
thousand dollars that they sold my house for. Okay, now
I'm worried because I'm living in an SRO, I'm getting
food stamps. I'm basically living in skilled row. And if
I get that kind of money, they'll take everything away.
(17:09):
I'll be back in the street.
Speaker 2 (17:10):
Who's gonna take Who's Yeah, who's gonna take everything away?
Speaker 7 (17:15):
I don't know. Maybe the I R S may Maybe
I have to take tacks on it.
Speaker 2 (17:18):
I don't know.
Speaker 1 (17:19):
I don't think so because all of it you lost.
So I think you're gonna be okay. You got twenty
four thousand dollars.
Speaker 5 (17:24):
If I have that.
Speaker 7 (17:25):
Even if I have that money, though, can't they take
me out of my low income stuff? Because I know
that you have money. I know I owe twenty thousands
to my lawyers. So it's not even twenty four thousand.
Speaker 2 (17:35):
It's gonna be four thousand.
Speaker 1 (17:36):
It's gonna be oh good, and it's gonna be four
thousand dollars if you got twenty four thousand dollars, so
you're now I wouldn't worry, but.
Speaker 7 (17:42):
You could get kicked out of out of medical if
he has money, not.
Speaker 1 (17:45):
For four thousand dollars you don't. And yeah, no, I
think you're gonna be fine.
Speaker 2 (17:50):
Boys.
Speaker 1 (17:51):
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Speaker 2 (18:45):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six fortyf.
Speaker 1 (18:55):
I am six forty Bill Handle on a Saturday morning.
Speaker 2 (18:58):
Right up until eleven o'clock.
Speaker 1 (19:00):
Welcome back, Handle on the Law, Marginal Legal Advice.
Speaker 2 (19:05):
Douglas, Hello Douglas.
Speaker 9 (19:07):
Uh, Hi Bill, So my mom passed away in the
hospital and uh we've been trying to get the records
from them and they keep making us jump through hoops.
Speaker 10 (19:17):
Yeah.
Speaker 9 (19:19):
Yeah, there there was no cause of death and we
couldn't get into autopsy. My mom, you know, couldn't have
had one.
Speaker 2 (19:26):
And why couldn't she have because she's too old?
Speaker 9 (19:30):
Well she was ninety one. No, she didn't want one
she told us, okay, kind of thing.
Speaker 1 (19:34):
Did she tell him that before or after she died
she didn't want an autopsy?
Speaker 2 (19:39):
Well? Both, okay.
Speaker 9 (19:42):
But the problem is, so they sent the records, you know,
they made us jump through hoops that we needed proof of,
you know, we were the kids or whatever. We finally
get the records and there's just there's no mention of
like any of her care for that that she was
only there for observation, and then we get the call
that she passed away. They have no problems giving us
pages and pages of when they had to you know,
(20:05):
try CPR and all that stuff, but it's very vague
when it comes to what was her treatment that night.
And it seems that the night that we did find
out that we'll all we know is she took some
you know, they gave us some pain medicine. And then three.
Speaker 1 (20:19):
Hours later, Douglas, did we just lose you? Yeah, you
just cut out. So I'm going to put you on hold.
Speaker 9 (20:26):
You know, I'm still here, but okay, you cut out.
Speaker 1 (20:29):
Okay, So three hours later they give her medication. Three
hours later she's dead, correct, correct.
Speaker 9 (20:35):
And then they checked and there's no like, you know,
when did they check on what we're her bidals. Yeah,
they don't want to give us any of that info.
And this is the second time now that we've tried
to get the records from the hospital.
Speaker 2 (20:45):
Okay, so your question is how do you get the
records or or well.
Speaker 9 (20:49):
I tried to contact some attorneys and everyone said to
first get the records. They wanted to look at them.
So I did do that, you know, but then they
just wanted me to continue doing basically all the work.
So I just we're looking for an attorney basically to tea.
Speaker 1 (21:04):
But here's the problem. When you talk about wrongful death
and your mom is ninety one years old, it's it's
gonna be too easy for them to argue as a
natural she died of natural causes because she's that old.
I think you're gonna have a hard time finding an
attorney that's going to get involved in any medical.
Speaker 9 (21:22):
Maths the problem we're having. I mean, they just said, yeah,
I mean it is.
Speaker 1 (21:24):
I mean it is yeah, because she's ninety one, and
that's your problem. So even though they clearly are mistreating
you and the records, and they they might have very well,
I'm gonna be blended at this point they might have
killed her, Douglas, they might have very well killed her,
But to prove that is going to be really difficult
(21:47):
because you have to prove that either they gave her
the wrong medication or they overdosed her.
Speaker 2 (21:52):
And when they.
Speaker 1 (21:53):
Talk about the notes, I mean, it's right there when
medication was given, what the dosage was.
Speaker 2 (21:59):
So you get to.
Speaker 1 (22:01):
Find out and I don't think a medical mal practicitering
is going to take it. So you get to hire
a doctor to go through those notes and say, yeah,
this or this is not medical medical malpractice.
Speaker 2 (22:11):
And you're now talking about an expert witness doctor.
Speaker 1 (22:14):
And these guys get four five thousand dollars a day
if not, Yeah, just to look at it. Yeah, yeah,
it's a Yeah. The ninety one years old and no obvious,
no obvious male practice is a real real bummer, to
(22:34):
say the least. Brian, Hello, Brian, welcome, Hello, Yes, go ahead, Yes, Brian,
you're there, I'm here.
Speaker 2 (22:45):
Hi.
Speaker 4 (22:46):
I need to know how I would go about selling,
how forcing a cell of a house that I live
that I have half equity with half I'm half untitled
with my sister.
Speaker 1 (22:57):
Okay, okay, that's easy, Okay, that's the that's just any lawyer.
It's called a partition, and literally you force the sale
of the house. The court will make an order that
the house be sold, and usually the court before the
order is given, usually the court will say, hey, the
two of you sit down and figure out do a buyout.
(23:17):
One buys the other out. And then you come back
and say no, we can't agree on the price, and
the court says fine. You know, then the house has
to be sold. So you want to talk to probably
a real estate lawyer. It's not that big a deal.
How much is the house worth? How much equity is there?
Speaker 2 (23:30):
Brian?
Speaker 4 (23:32):
The house is worth eight fifty and we owe three
point thirty. But now I've discovered she borrowed forty eight
thousand extra.
Speaker 2 (23:39):
How did she do? How did she do that without
your name? If you own half the house.
Speaker 4 (23:45):
She qualified for the loan to buy out my brother
and sister, and she took out a little exter. It
looks like that.
Speaker 1 (23:51):
Wait a minute, how does she qualify for the loan
to take out your brother and sister without you signing?
Speaker 2 (23:57):
If you're on title, Brian.
Speaker 9 (24:01):
I have no idea.
Speaker 1 (24:02):
There's something dreadfully wrong there. You want to investigate because
your name was either forged. And keep in mind, if
you're on title, you have to sign off on everything
refise transference. So something's wrong if you're not involved. So
what you want to do is that same lawyer who
(24:24):
you're going to talk to that you say, hey, there's
forty eight grand there that was taken out without me
signing off. So it's definitely time for a lawyer, especially
for half a million dollars in equity.
Speaker 2 (24:35):
That's certainly enough. Hello, Jeff, welcome.
Speaker 12 (24:39):
Hey Bill, thank you.
Speaker 5 (24:40):
Sure.
Speaker 12 (24:42):
So I'm in a situation right now where I purchased
the house with another person. I'm not married to that person.
Things are going, they're going, They're not going great. But
I've thought about maybe what are my options in pulling
out of this arrangement and can I sell? What does
(25:03):
the salvage ability of the.
Speaker 2 (25:06):
House?
Speaker 1 (25:06):
Okay, I mean that's a good question either one of you,
if you own the house. I'm assuming in joint tenancy
or tendency in common how's it held?
Speaker 2 (25:14):
Though in this case it doesn't really matter. What's that
how's that title held?
Speaker 12 (25:19):
The titles held by both of us.
Speaker 2 (25:21):
In joint tendancy?
Speaker 13 (25:23):
Oh yes, I believe so.
Speaker 1 (25:25):
Okay, Well, the first thing to do is make sure
he dies or she dies first, whichever one, and that helps.
Then you own the property completely, and if you die first,
your partner owns the property completely. So now, assuming one
wants to sell and one doesn't want to sell, you
can do what's called a partition where the court will
(25:46):
force the sale. Now, usually if you can't agree on it,
then you go to court and you file the partition
and then the judge will say, hey, you guys, figure
it out. You can do a buyout, get the appraise value,
and either party can by each other out. And then
if you say no, I'm not willing to do that,
they simply sell the house, uh and force the sale
of the house.
Speaker 2 (26:07):
So at this point, what exactly are you looking for?
Speaker 12 (26:13):
I just like curious if there was going to be
like is this like a heavily like? I guess it
really just determined or what the determination is is if
if the relationship and amical belief, well, if it.
Speaker 1 (26:25):
Does, then you guys have to decide. The two of
you have to decide are you both going to live there?
Is one are you going to live there? And if
one of you gonna is going to live there, and
the other one is not who pays the mortgage because
there's a value in living there, you know, for example, Uh,
if someone's living there and you're not, they go, hey,
I'm not going to pay half the mortgage.
Speaker 2 (26:46):
What do you mean That means.
Speaker 1 (26:47):
I subsidize half of your living expenses? And they allow,
and you start arguing. Then you go back to Okay,
I'm going to force the sale the house unless we
cut a deal.
Speaker 2 (26:56):
Uh So it's uh, it really.
Speaker 1 (26:59):
Does and you are dead on it depends on the
amicability of the relationship. This is handle on the Law,
tay fine bill handle.
Speaker 2 (27:10):
Here on a Saturday morning, right up until eleven o'clock.
Speaker 1 (27:13):
Back we go more Handle on the law, Marginal legal advice.
Speaker 2 (27:18):
Irene. Hello, Irene.
Speaker 5 (27:21):
Hello, Yes, ma'am, my son's just passed away.
Speaker 2 (27:27):
And oh your son just passed away Irene. Yes, yeah,
that's way too young. He died of what.
Speaker 5 (27:38):
He just had a heart attack.
Speaker 1 (27:39):
I'm sorry, Okay, so go ahead and I'm sorry.
Speaker 5 (27:44):
Oh well, thank you appreciate it. Anyway, he has a
ten year old child and so now his portion of
the estate goes to this ten year old grandchild. And
what I want to know is will his mother, my
son's I get control of the.
Speaker 1 (28:02):
Estate depends on who is well here it is so
Dad is gone. The only one that's left is is
this mom is a son's wife mom?
Speaker 2 (28:14):
Or is it a step mom?
Speaker 5 (28:15):
The son's wife. Well, the son's wife is mom to
the younger child. He actually had two children when eighteen?
Speaker 1 (28:24):
All right, well, all right, when it comes to the
younger child, where she's mom, she's going to control she is, Oh, yeah,
she's going to go in and I mean the money
isn't going to be handed to her. There has to
be a filing guardian ATLTEM et cetera. And it's going
to be a trust that mom is going to control. Now,
as far as the other child, is the mom still
(28:46):
around someplace.
Speaker 5 (28:48):
Of the other child? Yes, so the other child eighteen?
Speaker 2 (28:51):
Oh no, how old?
Speaker 5 (28:54):
Eighteen?
Speaker 2 (28:54):
Yeah, he get the money. Eighteen, you're already a majority.
He just gets the money.
Speaker 5 (28:59):
I'm not worried about him. But it's the ten year old.
Speaker 2 (29:01):
Well, there's nothing, there's nothing you can do.
Speaker 1 (29:04):
Mom is is going to control this unless you can prove,
Unless you can prove that mom is unfit or has
already been convicted of some financial crime, and therefore there
is an issue in the court, goes, okay, but why
do you not want his wife to control her son's money?
Speaker 5 (29:28):
No particular reason. I think she's a pretty good mom.
Speaker 2 (29:32):
And why do you Yeah, it's all right, got it so.
Speaker 5 (29:35):
That she might, Yeah, we need a new car, right.
Speaker 1 (29:38):
She can't do that. She can't do that. You'd have
a very tough time doing that. It's on behalf of
the child. Now, it could be argued she can say
our car is screwed up. I take the kids and
I want a new car. That's a possibility. But if
you're not going to be able to stop it, because
I mean, that's who deals with.
Speaker 2 (29:59):
It, it's yeah, that's the way it works. Monica. Hello, Monica, welcome.
Speaker 4 (30:04):
Hi, do a question.
Speaker 14 (30:07):
Hi. I enrolled in a DUI program and paid all
my moneys upfront. I got through almost halfway, and the
the company closed abruptly with no notice to any of
the participants and one day's notice to the employees. It
took about a month and a half to find another program,
(30:28):
only to find out that I had to pay all
those fees all over again. And I was wondering how
to recoup the monies to sell.
Speaker 1 (30:36):
Monica, you have to sue them, but there's a good
chance they're out of business.
Speaker 14 (30:41):
Well that that business did close down it.
Speaker 2 (30:43):
Was then then you're suing.
Speaker 1 (30:44):
Then you're suing a company that doesn't exist anymore.
Speaker 4 (30:49):
Would I not sue the individual.
Speaker 2 (30:51):
A company in defense? Was it a corporation?
Speaker 10 (30:54):
Now?
Speaker 1 (30:55):
You can't do a CEO of a corporation. You have
to sue the corporation. And if the corporation is no
longer in business, it's over.
Speaker 2 (31:04):
You're done.
Speaker 4 (31:06):
So what makes it a corporation?
Speaker 2 (31:08):
And you file?
Speaker 1 (31:09):
What makes the corporation is one establishes a corporation under law,
you can have a business as a corporation, an LLC,
a partnership which makes you responsible. If you're a partnership
or a sole propriety proprietor, which makes you responsible corporation
(31:31):
LLC's you're not responsible. The company is responsible. And if
you wrap up the company, that's it.
Speaker 2 (31:36):
You're done.
Speaker 1 (31:37):
No one can sue you because there's nothing there, there's
no company there to sue anymore. So you're screwed Monica,
you know, I mean, there's no way around it. You know,
you get to pay you that much more money it's
no fun. I mean, have I dealt with companies that
have gone out of business?
Speaker 2 (31:52):
Yeah? I have.
Speaker 1 (31:54):
I've been in business a very long time and I
have been involved and they owe me money and then
they go out of business or they go bankrupt, and
I'm done.
Speaker 2 (32:02):
Ruth. Hello, Ruth, welcome to handle on the law.
Speaker 14 (32:07):
Yes, Hi, thank you taking my call.
Speaker 7 (32:10):
I'm going to I have a home and I'm going
to make a will.
Speaker 4 (32:15):
I have a will done.
Speaker 11 (32:17):
And do I have to include my checking and savings
account in that will?
Speaker 1 (32:21):
Now you don't have to, but normally the way a
will is written is you list all the stuff that
you own you want to transfer, and then any other
property goes to whoever you want to list it to.
Speaker 2 (32:32):
So it's not a question of including.
Speaker 1 (32:35):
It's not like a trust that has to the asset
itself has to be in the trust, has to be
transferred to the trust. But will simply describes what you
own and who it goes to.
Speaker 4 (32:45):
Okay, perfect, Okay, thank you very much.
Speaker 2 (32:48):
Right, you got it. So someone's gonna get some money.
Uh hey, Emmanuel, welcome to handle on the law.
Speaker 8 (32:56):
I do.
Speaker 13 (32:56):
Yeah, I'm for a person. Okay, she has a two
hundred thousand dollars annuity and made me as a beneficiary. Okay,
The problem is there is an original beneficiary who's contesting
the money. The lawyer who's going to do the distribution
told me that I cannot get the money because there
is no lawyer who confirmed that I am now the
(33:19):
new beneficiary.
Speaker 2 (33:20):
Well, it's on way.
Speaker 1 (33:21):
Wait wait wait, it's on the document who the beneficiary is.
If you have a duty, it's right there, written on
the document itself. So what are we missing here? Is
that yours at the other original beneficiary.
Speaker 13 (33:36):
The original beneficiary is contesting that.
Speaker 2 (33:39):
I understand what's on the document.
Speaker 1 (33:41):
What name is on the beneficial as beneficiary on the
annuity document?
Speaker 13 (33:46):
You three months before the person died, she put me
as the beneficiary.
Speaker 1 (33:50):
Okay, and changed out the beneficiary name, and now you
have the previous beneficiary contesting it based on what undo
influence coercion? All right, all right, so you get a lawyer.
You're gonna have to fight it. And by the way,
you're you're gonna win that one.
Speaker 2 (34:06):
Unless what you wanted.
Speaker 13 (34:07):
Okay, this is what you wanted. She wants two thirds
of it.
Speaker 1 (34:11):
No, Emmanuel, you say no, I mean you're holding the
cards here. It's your name as a beneficiary, not hers.
Speaker 4 (34:21):
And so for a caregiver.
Speaker 13 (34:24):
Okay, if the trust is gonna give me some money,
there should be a second lawyer to confirm.
Speaker 1 (34:29):
I don't, I don't, I don't know. I've never heard
of that, Emanuel. There has to be a second lawyer. Well,
it helps in terms of evidentiary proof. I mean it
helps to have a second lawyer. But you don't need
a second lawyer. I mean, you're the beneficiary, so you
have to fight it, that's all. And unless uh, the
original uh, the original beneficiary can prove that the patient
(34:51):
was out of her his mind and you were coercing
or under duress. Uh, there has to be some proof
that was Emmanuel de Was it at home where you took.
Speaker 2 (35:01):
Care of this person?
Speaker 5 (35:02):
Yes?
Speaker 13 (35:03):
I took care of that question. Okay. I also have
a video of her saying that she anficial.
Speaker 2 (35:09):
Okay, it helps.
Speaker 1 (35:10):
I mean all of that helps. But I think you're
gonna be okay based on all that. But you may
need an attorney to help you. And by the way,
an attorney would do that on contingency. And you're going
to give up some money for that. Okay, let me
tell you about chronic pain. Let me tell you about hurting.
And if you hurt, and this is chronic, this is
(35:30):
all the time. This isn't just subbing your toe or whatever.
This is constant pain. That that is a horrible situation.
I live with someone who is in constant pain, my wife, Lindsey,
and it is really tough to see that, to experience it,
to see what she does, to see how she deals
with it and helping people. And that's why she started
the Paying Game podcast. It's her podcast that she started
(35:52):
to help people, and therein she helps herself by doing that.
And it's about living with chronic pain and dealing with
people who have pain.
Speaker 2 (36:00):
And that's me.
Speaker 1 (36:01):
I deal with someone who has chronic pain all the time.
And the Pain Game podcast, well, it's pretty amazing. It
really helps. She talks to experts, she talks to people
who who suffer the.
Speaker 2 (36:13):
Way she does.
Speaker 1 (36:15):
She just talks to everybody about dealing with pain. And
every episode ends with a message of hope. She's on
her third episode, by the way, third season.
Speaker 2 (36:24):
Excuse me.
Speaker 1 (36:25):
So it's the Pain Game podcast and it's available wherever
you listen to podcasts. Also, why don't you subscribe and
you'll get some information throughout the week instead of just one.
Speaker 2 (36:36):
Episode per week.
Speaker 1 (36:37):
It's the Pain Game Podcast and the social addresses at
the Pain Game Podcast. That's at the Pain Game Podcast.
And listen to the Pain Game Podcast. This is Handle
on the Law.
Speaker 2 (36:52):
You've been listening to the Bill Handle Show.
Speaker 1 (36:54):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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