Episode Transcript
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Speaker 1 (00:00):
You're listening to k I AM six forty the Bill
Handles show on demand on the iHeartRadio ff I AM
six forty bill Handle Here it is a Saturday morning.
Speaker 2 (00:14):
Sorry little bag Oton locks in the way Saturday morning.
As we have.
Speaker 3 (00:19):
Three lovely hours together where I give you marginal legal.
Speaker 2 (00:23):
Advice and hopefully ruin your case.
Speaker 3 (00:26):
And always the first hour of the show, best time
to call, the first part of the first hour, as
we intro this show, the best time to call, and
the number is eight hundred five to two zero and
five three four eight hundred five two zero one five
(00:48):
three four. And this is where you want to jump
aboard and find out if you're going to be on
the air. And we have our screener. I think it's
Richie this morning, and he will ask you questions. And
the rules always apply certain things.
Speaker 2 (01:06):
I don't care about that.
Speaker 3 (01:09):
Workers comp Okay, go to workers Comp attorney. I mean,
there's not much of a story there. But if it's
a good story. If, for example, you've gotten in a
car accident and the only thing that's left is your
torso and head, good call, you get right in there.
If your head has gone good call. If you have
(01:29):
a certain handicap. For example, you're in a wheelchair and
or you are hunchbacked, and or you are a minority.
Speaker 2 (01:37):
Pretty good, pretty good call.
Speaker 3 (01:40):
All right, This is handle on the law, marginal legal
advice where I tell you you have absolutely no case.
Interesting story about ICE and La County. Now we all
know that the city of Los Angeles, the state of California,
(02:00):
the County of Los Angeles are sanctuary jurisdictions sanctuary venues,
which means that someone has picked up who is illegal
or may be illegal, and is put in jail or
put in prison, particularly jail in this case, awaiting some
kind of indictment, awaiting some kind of a charge, and
(02:22):
or has already been charged but released on bail. And
what happens, Well, it used to be years ago that
the authorities were told ICE was told we're about.
Speaker 2 (02:34):
To release an inmate.
Speaker 3 (02:36):
The inmate was released right into the hands of ICE,
and then the proceeding against any illegal migrant goes aboard. Okay,
now the rules changed, well, actually the rules.
Speaker 2 (02:51):
Were kind of the same. Where it turns out that.
Speaker 3 (02:54):
If someone has been accused or convicted of a crime,
or been deported a few times back to the border,
that is an exception.
Speaker 2 (03:03):
To the rules of sanctuary.
Speaker 3 (03:07):
And for the first time in years, La County, the
Sheriff's Department has resumed transferring jail inmates.
Speaker 2 (03:15):
Right to ice.
Speaker 3 (03:17):
That is not barred by local sanctuary policies that bar
people or that shield people from deportation, because the very
rules of sanctuary say, this is the exception if someone
has a criminal record, If someone has lived a decent
life here effectively and has not been deported a bunch
(03:41):
of times, and is not accused of very serious crime
or is a felon, then that person will be transferred
into the hands of ICE. Transferred meaning calling ice and
going here we go. Are John Smith. Let's say, is
John Smith, who's the inmate?
Speaker 2 (03:58):
And here he is.
Speaker 3 (04:00):
He's going to be released at eight o'clock tomorrow morning
from the county jail facility. And there they are waiting
at the door. That is complete cooperation. Used to not happen,
not in year's Now it does happen.
Speaker 2 (04:15):
And that's the first time.
Speaker 3 (04:17):
And I think six or eight have been transferred in
twenty nineteen, for example, it was four hundred and fifty
seven that were transferred so far this year, I think
at six or seven, and at that rate there'll maybe
be a dozen or fifteen.
Speaker 2 (04:31):
So it's very few and far between.
Speaker 3 (04:33):
So anybody who is illegal and is here in the
United States and gets picked up and maybe is.
Speaker 2 (04:41):
A felon who has done his or her time. Actually,
now they're not doing it with misdemeanors.
Speaker 3 (04:47):
They're doing it with serious violators of the law or
accused serious violators of the law.
Speaker 2 (04:53):
Okay, here we go. We're going to take some phone calls.
Speaker 3 (04:55):
Sam, You've got to give me names through the headsets
because my screening program is not working, and we will
go ahead and take phone calls. Brandon, Hello, Brandon, welcome
to handle on the law.
Speaker 2 (05:10):
What can I do for you?
Speaker 4 (05:12):
Hey Bill.
Speaker 5 (05:13):
In December of twenty twenty four, I activated and applied
a hotel chain offer to my credit card. It stated
that I had to spend at least seven hundred and
fifty dollars before March twentieth to receive a one hundred
and fifty dollars cash back credit. I reserved the hotel
in December for stay. In February of this year, when
I went to the hotel and stayed there, I found
(05:34):
out that the hotel was no longer a part of
the chain that the offer was for. Following my payment,
I did not receive the cash back credit for my
credit card company. I followed up with them for months
while they investigated, and their answer was essentially, the hotel
wasn't part of the chain when I paid, so they
didn't qualify for the offer. My question is sort of
(05:55):
multi pronged. Do I have a lawsuit here considering when
I reserved the hotel they were part of the chain.
Does the angle of how I trust them with offers
moving forward add to this? And then finally, this impacted
my travel budget for the years, so and I only
chose the hotel because of the offer and wouldn't have
stayed there otherwise, does that also impacted.
Speaker 2 (06:18):
Okay, three questions, so let me answer them.
Speaker 3 (06:20):
Yes, No, No, you do have a lawsuit, and there's
no question that they breached their contract with you. So
here you out are out seven hundred and fifty dollars. Now,
if it turns out that for some reason you couldn't
go or your plans were changed and that cost you money,
(06:41):
that's part of your damages. You add that to your lawsuit.
The fact that you decided to still go with.
Speaker 2 (06:47):
Them or not change.
Speaker 3 (06:49):
No, nobody cares the fact that somehow your vacation is
going to be ruined. No, because you can always do
something else. It's a straight breach of contract. And the
only damages that are recognizable as a seven hundred and
fifty bucks the rest of it. No, it's for example,
going to a hotel and finding that you have a
(07:12):
hotel room that you booked is no longer available. Here's
my view, and my view has been ruined. Therefore I
want my money back. Well, what they're going to do
is give you your money back to the extent that
they charged a premium for the better view. Those are
your damages. Has your vacation been ruined? Yeah, but what
does that mean. Do you get all your money back?
Speaker 4 (07:34):
No?
Speaker 2 (07:34):
Do you get a free hotel room?
Speaker 6 (07:37):
No?
Speaker 3 (07:37):
They usually will find something or give you some kind
of credit. But that's basically it. And by the way,
I don't doubt that your vacation was well. If you
had to make other plans or you had to cancel,
that maybe are arguable. But the point is you have
seven hundred fifty bucks and whatever other damages that you
did that you had, which I can't think of much
(07:57):
other than my vacation was ruined.
Speaker 2 (08:00):
Therefore I want all money back. Does that include airfare?
Speaker 3 (08:02):
By the way, does that include that you could no
longer use your vacation and it's a you have to
use it?
Speaker 7 (08:13):
No?
Speaker 2 (08:13):
Probably not.
Speaker 3 (08:14):
So now you get to sue the chain for seven
hundred and fifty bucks And is it worth it?
Speaker 2 (08:19):
Maybe? Maybe small claim suit. You assume them.
Speaker 3 (08:22):
You can assume in any hotel that they have go
to the front desk and.
Speaker 2 (08:27):
You sued them.
Speaker 3 (08:28):
Because it's corporation, they're doing business there. You better off
finding what their main office is and sue there. But
that's it. Yeah, I know it's It is a drag,
but that's the reality. The law doesn't always give you
what you want. That part is not clear cut. Let
me tell you about artificial intelligence. Oh no, well let's
(08:50):
take a break instead. We'll be right back. This is
handle on the law, oKFI. I am six forty bill
handled here a Saturday, more three on now two and
a half over two and a half, lovely hours to
go before richd Morrow comes award with the Tech show.
The phone number here if you would like some advice
(09:11):
that is marginal, sometimes worse, usually worse always worse. The
number is eight hundred five to zero one five three four,
eight hundred five to zero one five three four. This
is handle on the law, Marginal legal Advice. More phone calls, Sebastian.
Welcome to the show.
Speaker 4 (09:32):
Here you Bill, Hi Bill, I'm a I'm a beneficiary
of a trust a crust account across from a friend
who had died in New York.
Speaker 3 (09:45):
Okay, are you let me intert me the only are
you only the only trustee?
Speaker 8 (09:50):
No, there's ten of us, ten of you are trustees
or no, I'm sorry, beneficiaries, beneficiary and so yeah again,
how many trustees are there? There's one trustee and that's you.
Speaker 4 (10:05):
No, she's an attorney in New York.
Speaker 2 (10:07):
Okay, moving on.
Speaker 4 (10:09):
Okay, okay, sorry about that. In March, she sent out
letters to everybody talking and telling how much we're going
to get and with the paid work to fill out
to receive the funds, and she said that they wouldn't
distribute until everyone had filled other paperwork and send them
sent that in that's been in March. There's one person
(10:32):
holding everybody up. And this woman lives on an island
off the coast of Maine, and that you can only
get to by boat. And she's in her nineties. I'm
not even sure she's alive anymore. How long can this
trustee hold off paying everybody off?
Speaker 3 (10:49):
Okay, the trustee can't hold off to sign off. As
you said, what if someone is dead and has no estate,
or someone can't be found.
Speaker 2 (11:01):
Well, we're going to try to find someone.
Speaker 3 (11:04):
What after six months the person is dead and can't
be found, and you have no way of that person
in fact putting in a password.
Speaker 2 (11:15):
So that makes no sense whatsoever.
Speaker 3 (11:17):
What the trustee has to do is you've got ten beneficiaries.
One is not able to be reached, so you have
nine that are now taking ten percent each, and the
trustee hangs.
Speaker 2 (11:32):
On to the money. And then there are all kinds
of rules that at some point.
Speaker 3 (11:35):
It goes to the state, or the trustee has to
find next to kin or whatever.
Speaker 2 (11:41):
But you get your money.
Speaker 3 (11:42):
So now you're talking, Yeah, you're talking a few months
too long.
Speaker 2 (11:48):
I mean it should if it's fairly simple. Well was
this property or was.
Speaker 4 (11:53):
This No, this is all just cash. Yeah, all appropriates.
Speaker 3 (11:57):
Should have gone very very quickly. Something's wrong there, something
is wrong, and you want to email to contact, Well
you can contact the State Bar of New York. But
first you first you contact her and you write a.
Speaker 4 (12:12):
I've been contacting her about every month.
Speaker 2 (12:16):
And making okay, you're I would put it in writing.
Speaker 3 (12:23):
You want her to say in writing or or confirm
that she is saying we I cannot give you the
money until all ten of you have filled out the paperwork.
Speaker 2 (12:35):
It's just a croc.
Speaker 3 (12:35):
It makes no sense, and so I would What I
would do is say, hey, I'm going to contact the
State Bar of New York and put in a formal complaint. Now,
New York is not californiaet but I can't imagine they
don't have some kind of administrative overseeing system like we
have here. Are the state bar controls who is licensed
(12:55):
who is not, and that's through the Supreme Court. But
the state Bar, by permission by law now on behalf
of the Supreme Court, decides whose license and who is not.
So I would try that in New York. Give it
a shot. Okay, Rick, welcome to handle on the law.
Speaker 9 (13:15):
Good morning, Bill, Thanks for taking my phone call. Sure,
I am a landlord. I live, I have a house,
and I lent you out a room months to months
from the first to the last day of the month.
I have a tenant that gave me a thirty day
notice on the thirteenth of this month. Does she expect
(13:37):
me to pro rate August month or he's actually supposed
to pay me in full and she can take off
any time during the month.
Speaker 2 (13:46):
Okay? Do you have you your month to month? So
you have no lease? Correct?
Speaker 3 (13:51):
Okay, So she now has the ability as long as
she gives you the thirty days to say, she gives
you thirty days on the eighteenth, she can move out
on the eighteenth. Because the only way she you can
force her to say you get you get to pay
the full month for any part of the month, is
(14:12):
with a written leak a written lease.
Speaker 9 (14:16):
Okay, So I do have to You do have to
pro range?
Speaker 2 (14:19):
Yeah you do?
Speaker 3 (14:21):
Okay, yeah you do, because a lot of it has
to do with the fact you don't have a lease anymore. Yes,
all right, Well, welcome to California.
Speaker 9 (14:30):
Yes I look forward.
Speaker 3 (14:32):
Yeah I know, I know, but at least you have
some property that is so controlled by the state it
it's no fun. Now which city is the property in California?
Speaker 2 (14:44):
I'm sorry.
Speaker 3 (14:47):
There is no rent control Wednesday because that thousand oaks
at another county, LA County. I think that's that's Ventura County, right, yes, sir, yeah,
no rent control in uh or in vent tour A county.
Speaker 2 (15:01):
All right, who's next?
Speaker 4 (15:03):
Thank you, Steve.
Speaker 3 (15:05):
Hello, Steve, sorry about that because we have a little
glitch of a problem with our screening program. Hello Steve,
welcome to handle on the law.
Speaker 10 (15:13):
Thank you, Bill. My problem is that I signed a contract,
and after I signed it, it was for mold remediation,
and he pulled out two bathrooms, and I'm thinking now
that it's over one hundred thousand over the price that
it should have been. And I don't know if you know,
(15:36):
I signed a statement saying that as a senior, I
would relinquish it.
Speaker 2 (15:42):
Now that doesn't help you.
Speaker 11 (15:43):
No.
Speaker 3 (15:44):
The only way as a senior it would somehow get
in the way of the contract is if you were
incapable of knowing what you're doing. And you sound fairly
lucid to me. You know, I wish you had said, Hi, Bill,
I think I'm a German shepherd and I really believe that,
and I want to talk to you about out the contract.
Eye sign, So you sign the contract, you did the
(16:04):
deal they did work a substantial amount of work, so
effectively is buyers, buyers beware here, and this is why
you want to get several bids for something like this.
Speaker 2 (16:18):
And at the end of it, if.
Speaker 3 (16:19):
It's too expensive, wow, you're basically you're out of luck.
I mean, I hate to say it, but I'll argue
that you're incompetent. You know, the then the contracts invalid.
Speaker 10 (16:33):
Okay, all right, nice.
Speaker 2 (16:35):
Ruining, Nice ruining your life. It's always a pleasure.
Speaker 3 (16:39):
All right. Let me tell you about artificial intelligence. It
is everywhere in business particularly, and if your business isn't
using it, you're probably losing money, you're losing productivity, you're
probably losing a competitive edge.
Speaker 2 (16:53):
Well, next suite computer program.
Speaker 3 (16:56):
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(17:17):
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So you download the net Suite CFOs Guide to AI
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Speaker 2 (17:35):
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Speaker 3 (17:37):
If your business does two million dollars or more a year,
this is well worth looking at it. Least go to
NetSuite dot com slash handle NetSuite suite as in hotel
suites NetSuite dot com slash handle.
Speaker 2 (17:51):
This is handle on the law.
Speaker 12 (17:55):
You're listening to bill Handle on demand from KFI AM
six forty s is.
Speaker 3 (18:01):
KFI or KFI AM six forty bill handle Here. It
is a Saturday morning, as we continue on eleven o'clock
Rich to Morrow with a tech show, and then at
one o'clock, two o'clock this afternoon, I love my Times.
Speaker 2 (18:18):
Two o'clock this afternoon.
Speaker 3 (18:19):
It is the Fork Report with Neil Savedra, and it's
always fun with Neil. Now, phone numbers eight hundred five
two zero one five three four. Eight hundred five two
zero one five three four is the number to call.
And there's sometimes when we fill up very quickly and
you're waiting forever, and sometimes where we zip through and
(18:43):
I'm begging for phone calls because it's a caller driven
hope a show. So what am I gonna do you
know what? I should make it up. I should make
up the questions and answer them myself.
Speaker 2 (18:56):
You know, Sam, we should try that one day.
Speaker 3 (18:59):
I'll bet you that that would be one fascinating show.
Welcome back to handle on the law marginal legal advice
where I tell you you have no case. Diane, Hello, Diane, welcome, Yes,
Hi Bill, Yes ma'am.
Speaker 13 (19:13):
Okay, My question is this. I have three grandchildren whom
grandfather passed away twelve years ago.
Speaker 14 (19:21):
He left the.
Speaker 13 (19:21):
Trust and in that trust he let them all five
thousand dollars apiece. To this day, they have not received
any money from the trustees of you know, the holders
whatever you want to call them. They've been holding onto
this money where I don't know what they've done in
and I need to know what I need to file
to make them pay.
Speaker 10 (19:36):
What is rpidly theirs?
Speaker 2 (19:38):
All right? So the trustee just will not distribute.
Speaker 3 (19:42):
So the trust is was owned and set up by granddad.
Granddad dies and out of that trust. Okay, well, first
of all, you let him know you're breaching the contract
big time.
Speaker 14 (19:57):
And if they ignored it ignored?
Speaker 3 (20:00):
Is are are they? Who are these trustees? Individuals? Lawyers
the bank.
Speaker 13 (20:04):
Yeah, they as individuals are nieces.
Speaker 3 (20:08):
Okay, okay, and so they're screwing uh the all right,
you have certainly they have a lawsuit, but you want
to go a lot further than that.
Speaker 9 (20:16):
Uh.
Speaker 3 (20:16):
There may be all kinds of violations here that actually
are renunerative by the beneficiaries.
Speaker 2 (20:25):
So what I would do is I go to a
trust and a state lawyer.
Speaker 3 (20:28):
That's what I would do, because I don't know enough
about the state law. Trust in a state law, how unusual,
and say what could I do? Because you want to
go beyond just suing in small claims court. You want
to get these people for doing this, and of course
they're entitled to interest, uh, and that you have a violation, right,
(20:48):
the trustee breach their fiduciary duty straight ahead, and you
want to go after them and see what kind of
sanctions and we're not talking about legal sanctions, what kind
of damages, what kind of.
Speaker 2 (20:59):
Punit damages the court will allow?
Speaker 3 (21:02):
And there may be some statutory issues going on here
where not only is the money back, but there's also
some additional costs. And what effectively is a fine that
goes to the beneficiary and it's five thousand dollars each?
Speaker 7 (21:15):
Right?
Speaker 2 (21:15):
How big was the a state?
Speaker 13 (21:19):
It was probably five hundred thousand or actually we don't
really know, but I'm sure it was only even coast
a million all the day he.
Speaker 2 (21:25):
Left a million dollars and.
Speaker 3 (21:29):
Go ahead, I'm sorry, go ahead, all right, okay, almost
a million dollars. Let's say, and he leaves your grand
and he leaves his grandkids five thousand dollars each. Boy,
if I were one of those grandkids, I would be
thrilled with Grandpa did I What did I do to
offend him? So it's off to a trust and a
(21:50):
state lawyer. Bob, welcome to handle on the law.
Speaker 14 (21:56):
Yes, I have a two thousand and one f three
point fifty four fifty excuse me, bought it brand new
they always tag it with no problems.
Speaker 7 (22:10):
It's a Diesel, and went to go get it my
tags this time and they says it wasn't on the
original paper, but they said, go ahead, we need to
get a dot approved.
Speaker 14 (22:24):
On the truck. I says it doesn't have all that stuff.
Speaker 3 (22:27):
Okay, the Department Department of Transportation license has to be
issued by the government on this one, right, Yes, okay,
that's a dot all right.
Speaker 14 (22:41):
So I went ahead and I got improved. I mean,
I took it, get it tested. The guy said it
passed with flying colors. Called them back and they says, no,
you have to now change the engine to a two
thousand and ten or newer. I says, I'm seventy one
years old, I have twelve grand kid on High Street.
(23:01):
I work every day. I'm a portable welder, and you
just shut me out of business.
Speaker 3 (23:06):
Yeah, that doesn't They don't care, Bob, they don't care.
That's that's the argument that the clerk is gonna go, Yeah,
that's great.
Speaker 2 (23:15):
I enjoy yourself. Now the issue is you buy a truck.
Speaker 3 (23:19):
That is, you don't have to file a transportation license,
a department transportation does not need one, and all of
a sudden, years later they say you have to change
out the engine to comply. You're grandfathered in. They can
How far back do they go retroactively? How many years
(23:40):
back do they go? They can't do that.
Speaker 14 (23:43):
That's what I thought.
Speaker 2 (23:44):
Yeah, you're right, you're right. So you have to appeal.
Speaker 3 (23:47):
Somebody did a wrong made a wrong decision, and so
you get to appeal it. Because now you are talking
about levels of appeal and based on what you say,
I have no idea how.
Speaker 2 (23:59):
You can lose on that one. I really don't retroactively.
Speaker 3 (24:03):
So that means every truck that is older than X
number of years in the United States now has to
have a Department of Transportation license, although it may only
be Department of Motor Vehicles, it may only be California.
But you're still talking about massive, massive amounts of money. Anna,
you're your grandfathered in. Now you just get to go
(24:25):
through the appeals process and start screaming. I think you'll
do fine, Okay, Sue, Hello, Sue, welcome.
Speaker 11 (24:33):
Yes, I have an inheritance that is in probate in
California and they said up to twelve months it will take.
My question is if I die during that twelve months,
what can I do to make sure the money goes
to my inheritors? Can I do write a handwritten will?
Speaker 2 (24:58):
Okay?
Speaker 11 (24:59):
What I would like to it?
Speaker 13 (25:00):
All?
Speaker 5 (25:01):
Right?
Speaker 2 (25:01):
Can I die?
Speaker 3 (25:01):
Now? Are you talking about what you can do after
you die or before you die? Because it's really different
before you die, because it's pretty difficult to do after
you die because you're basically dead. No, it just goes
to the next goes to the next of kin. So
let's say you're leaving money to your five kids. Theoretically,
(25:25):
if one of them dies, if one of them predeceases you,
or somehow it doesn't want the money, it goes to
the other ones unless the will says that if one
of them dies and it goes to X person and
the inheritance passes through, you have complete control.
Speaker 2 (25:42):
And a handwrit written change means absolutely nothing. It's the
instrument itself.
Speaker 3 (25:48):
So tell me why you want to make sure that
it all goes to all the kids I'm assuming, Well.
Speaker 11 (25:55):
No to my family, my husband, my kids. I don't
want to go to my siblings who are okay.
Speaker 2 (26:02):
Well that's easy, Okay, I mean that's easy.
Speaker 3 (26:04):
First of all, if you die without a will or
a trust, it wouldn't go to your siblings anyway. If
you have kids that are alive, and if you're still
married to your husband, the easiest way to control, Yeah,
the easiest way to control.
Speaker 2 (26:15):
Put it all on a trust. Make your husband a trustee.
This is what I did. Here we go, here's my trust,
the bill handle trust.
Speaker 3 (26:22):
Any event I die, it goes to my wife, Okay,
and my wife is the trustee and effectively handles it
anyway she wants to. That's usually what a husband and
wife trust is about. If not if you die, only
your separate property can be transferred because the spouse still
(26:43):
owns half of it. So let's say you leave one
hundred thousand dollars in a trust, Well the spouse, your
spouse owns fifty percent of that, so you can't leave
one hundred percent because you can't. You cannot give away
his fIF fifty percent. So fifty percent goes down to everybody,
(27:04):
and or the trust decides the new trustee or the
co trustee where now becomes the only trustee makes a decision.
And usually you're on the same page where hey, husband,
if I die, then the money is all yours to
distribute it.
Speaker 2 (27:22):
But we've agreed to distribute A, B and C to.
Speaker 3 (27:25):
Our kids equally, or we want to disinherit one of
the kids, and you write all that down and if
you're fine, that's what I do. I disinherit my kids
on a weekly on a weekly basis, I disinherit my kids.
Speaker 2 (27:38):
It's wonderful, isn't it. And every time.
Speaker 3 (27:40):
They act out, you know, if they're still acting out
thirty years old and they think they're twelve thirty years old.
Speaker 2 (27:47):
They are twelve. And so here we go. Change the trust.
Speaker 14 (27:51):
Man.
Speaker 3 (27:52):
I'll tell you who does really well under these circumstances.
My trust and a state attorney. I am paying for
his kids college education. This is handle on the law
camy am six forty bill handle. Here it is a
Saturday morning, and the number to call eight hundred five
two zero one five three four.
Speaker 2 (28:13):
Eight hundred five two zero one five three four.
Speaker 3 (28:15):
Now, occasionally the calls are few and far between on
this show, as you know a lot of it because
I zip through these calls fairly quickly, and I don't
have much patience. I'm not one of these hosts that
keeps people on for a long time.
Speaker 2 (28:30):
And how your dog? Yeah great? Yeah, how's your family
a terrific?
Speaker 3 (28:33):
How are you doing? I know you've had problems. Yeah,
I don't do that, couldn't care less. So right now
we only have Chris on, and you're going to hear
if you.
Speaker 2 (28:47):
Well, this is what we do with the show.
Speaker 3 (28:49):
Unfortunately, the show is based on you calling in.
Speaker 2 (28:55):
Eight hundred five two zero one five three four. So Chris,
hang on a minute.
Speaker 3 (29:00):
I tell everybody else. This is what you get to
listen to. H during the breaks when no calls are
coming in. Check, baby checked it, Baby checked it, Baby check.
Mommy shut do do do do do do mommy shut
(29:20):
it do do mommy shut do do Now, if you
remember in Panama where we had the dictator, they had
to get rid of and they put up all these
uh these uh, the speakers around the presidential palace to
get him out of there.
Speaker 2 (29:39):
Because the way that we're gonna do it is with
music blaring twenty.
Speaker 3 (29:42):
Five hours a day, literally twenty five hours a day
instead of twenty four And this is what he listened
to four days.
Speaker 2 (29:54):
Huh. And this is guaranteed you to blow your brains
out too.
Speaker 3 (29:58):
This is used in the village against the enemy at
very loud loud levels. Number is eight hundred five to
two zero one five three four eight hundred five two
zero one five three four.
Speaker 2 (30:12):
All right, Chris, good morning, yes, good.
Speaker 4 (30:16):
Morning, Yes, sir.
Speaker 15 (30:17):
I have a question.
Speaker 4 (30:19):
I have solar.
Speaker 15 (30:19):
Panels on my house that got solar panels in twenty seventeen.
I'm trying to refinance my house. I got six hundred
thousand equity eighty thousand and they are have a lian
on my house.
Speaker 4 (30:33):
What do I do?
Speaker 3 (30:36):
Well, they should and they will basically subjugate themselves to
the lean they should allow. And this is what they do.
They will take a secondary position. They will put pull
back and take a secondary position. Also, you know, what
they have is a first lean on the property, so
(30:58):
usually with their permission. If you talking about refining. So,
but let me ask you how big is the REFI.
Speaker 15 (31:05):
I'm only gonna take out sixty grand.
Speaker 3 (31:08):
Okay, and you have six hundred thousand dollars of equity. Yes, yeah,
so they're not So they.
Speaker 2 (31:14):
Are not at risk at all.
Speaker 3 (31:17):
And even though I've never done this, I matter of fact,
this time around, I leased my solar system in the
other house that I had prior to that.
Speaker 2 (31:26):
I put in my.
Speaker 3 (31:26):
Solar system and paid for it. But my financial situation
has changed a little bit since I downsized and I
got divorced and all my money left me. So I
think they would subordinate to that first only for the
purposes of the.
Speaker 2 (31:45):
Of the refy.
Speaker 3 (31:47):
I have you talked to the refi company, the mortgage company?
Speaker 15 (31:52):
Uh, the more my mortgage company.
Speaker 11 (31:54):
They're they're they're there, They're willing to do it, but
they're waiting.
Speaker 15 (31:58):
They they're waiting on them.
Speaker 3 (32:00):
The solar company, Oh well, so they're already willing to subordinate,
got it.
Speaker 2 (32:05):
So it's that's an easy one.
Speaker 4 (32:08):
Now.
Speaker 2 (32:09):
The solar company.
Speaker 3 (32:11):
Okay, the solar company is basically the holder of the lean,
and of course the mortgage company is willing to do it.
Speaker 2 (32:18):
They want to loan you the money.
Speaker 3 (32:20):
They get ridiculous interst rates probably, and so they're going
to make money on the deal. The solar company, you
want to ask them why they're not cutting loose on
the on the lean?
Speaker 15 (32:33):
Yeah, okay?
Speaker 2 (32:33):
Have you have you asked them?
Speaker 6 (32:36):
No?
Speaker 15 (32:36):
I haven't asked them why yet. But it's like they're
holding up for something.
Speaker 9 (32:43):
They're no.
Speaker 2 (32:44):
I understand they're holding up.
Speaker 3 (32:45):
I know, I get it, you know, I get there,
holding up, understood, And the question is asking them why
they're holding up, because they should subordinate, and if not,
I don't know how they do business because this happens
time and time again.
Speaker 2 (33:01):
So I don't get it. Yeah, No, I don't care
what I don't.
Speaker 3 (33:05):
Care the name of the company. Have you asked them specifically?
Have you talked to someone there? Hey, guys, you have
a lan on my house. I want to refine my house.
My refin company won't let me refly because they want
a first position.
Speaker 2 (33:19):
Would you go to a second position? Now, if they say.
Speaker 3 (33:22):
No, you go back to the lender and go You're
going to get a second position. But I've got six
hundred thousand dollars in the house and you have to
ask them that question. All right, try that out.
Speaker 2 (33:38):
You always have to people. Valerie. Hello, Valerie, welcome, Hi
Bill tak my call.
Speaker 6 (33:46):
My question relates to a pet insurance policy for my dogs.
My claim was denied because I have two hundred and
seventy days to submit the claim from the date of service.
My claim came in at two hundred and seventy one days.
I would like to appeal the claim that I need
(34:07):
some help with some language. What things I can put
in my letter.
Speaker 3 (34:13):
Asking them no, I understand, Okay, So here's what I
would say, because this is not a new issue for them.
I'm sure they've been around the block a few times.
Here is what I would put in, please, Please, And
then I would also add my mother was dying of
(34:34):
an insert name of disease here. My father is in
prison for causing my mother to die. I just lost
my house, I'm about to have my leggy amputated, and
my kids won't talk to me. That's what I would
do for starters. But here's your problem. Where is the
cutoff date? And they're going to say where is the
(34:56):
cutoff date? So let's say so they say it's two
hundred and seven, right, that's what the cutoff date is. Okay,
So let's say, okay, we'll move it to two seventy five.
When the next person comes in with two seventy six,
what do they do? And then they move that date
to three hundred days, We'll give you three quarters or
(35:18):
eighty percent of the time. Okay, we'll give you grace.
How long is that grace? Five days? What do you
have you do if you come in on the sixth day, well,
we'll keep on going. So effectively, you're asking them to
just keep on going ad nauseum. And so you know
(35:39):
they got you legally, and what you want to do
is just to do whatever explanation you can come with
with with I would call someone who has the ability
or some to write a pencil to waive it. And
if they say I can't do it, that's policy, which
is usually the answer, you're going to get love to
do it, can't do it because of policy, and that's
(36:01):
what I have. I would have my person do well,
that's if I were a manager, but I'm never a manager,
so I'd say good luck, you're sol and then hang
up on you.
Speaker 2 (36:11):
But you've got no.
Speaker 3 (36:12):
Place to go, and effectively you're throwing yourself on the
mercy of the court.
Speaker 2 (36:15):
That's all you can do.
Speaker 3 (36:18):
That's it, Valerie. I know that's tough one. How much
how much do they want for the procedure?
Speaker 6 (36:25):
Eighteen seventy five.
Speaker 3 (36:28):
Eighteen hundred and seventy five dollars, Yes, okay, you know
it's a lot of money. My dog, one of my dogs,
was recently eaten by a coyote for breakfast and was
grievously injured and went in had surgery and did not
have pet insurance or didn't and had I don't know,
(36:48):
four thousand dollars worth of worth of damages, which I
went ahead and wrote and it wasn't fun, and then
still was sick. A week later, came in to the
vet and said, oh, the injuries are actually much more serious,
and she took a turn for the worse. And if
you want surgery. I'll have my money person, the manager,
(37:12):
come in and tell you how much it is.
Speaker 2 (37:14):
She comes in and gives me.
Speaker 3 (37:16):
A quote of fifteen thousand dollars for the next surgery.
Speaker 2 (37:24):
You know what my dog did. It died. That's what
the dog did.
Speaker 3 (37:30):
I wouldn't spend fifteen thousand dollars on one of my kids,
much less surgery for the dog. So, unfortunately, the problem is,
I don't think you're gonna have much help unless you
have someone on the insurance side that feels good about you.
All right, talking about feeling good and hurting if you
(37:51):
live in chronic pain or know someone who does live
in chronic pain, which I do. My wife, Lindsey is
she suffer first from a pretty rare disease that causes
chronic pain. I mean twenty four hours of pain. I
mean a lot of pain. So one of the things
that she did and does to deal with the pain
(38:12):
is start a podcast and it's around. It's called The
Pain Game Podcasts, and every week there's a new episode
that drops. She's in season three and it's all about
living with this kind of chronic pain and trauma which
causes this pain, and for loved ones who deal with
folks in pain like I do, for people who treat
(38:35):
those that are in chronic pain, like doctors. It's a
community and this is really helpful. This what the Pain
Game is all about. Pain Game Podcast is showing that
pain gives purpose. Now that is really counterintuitive, but it
(38:55):
really does work. The only way you're gonna understand is
going to the Pain Game Podcast, the Pain Game Podcast.
Follow on social at the Pain Game Podcast. That's at
the Pain Game Podcast. Visit the Pain Game Podcast. This
is Handle on the Law.
Speaker 12 (39:15):
You're listening to Bill Handle on demand from kf I
AM six forty
You're listening to k I AM six forty the Bill
Handles show on demand on the iHeartRadio ff I AM
six forty bill Handle Here it is a Saturday morning.
Speaker 2 (00:14):
Sorry little bag Oton locks in the way Saturday morning.
As we have.
Speaker 3 (00:19):
Three lovely hours together where I give you marginal legal.
Speaker 2 (00:23):
Advice and hopefully ruin your case.
Speaker 3 (00:26):
And always the first hour of the show, best time
to call, the first part of the first hour, as
we intro this show, the best time to call, and
the number is eight hundred five to two zero and
five three four eight hundred five two zero one five
(00:48):
three four. And this is where you want to jump
aboard and find out if you're going to be on
the air. And we have our screener. I think it's
Richie this morning, and he will ask you questions. And
the rules always apply certain things.
Speaker 2 (01:06):
I don't care about that.
Speaker 3 (01:09):
Workers comp Okay, go to workers Comp attorney. I mean,
there's not much of a story there. But if it's
a good story. If, for example, you've gotten in a
car accident and the only thing that's left is your
torso and head, good call, you get right in there.
If your head has gone good call. If you have
(01:29):
a certain handicap. For example, you're in a wheelchair and
or you are hunchbacked, and or you are a minority.
Speaker 2 (01:37):
Pretty good, pretty good call.
Speaker 3 (01:40):
All right, This is handle on the law, marginal legal
advice where I tell you you have absolutely no case.
Interesting story about ICE and La County. Now we all
know that the city of Los Angeles, the state of California,
(02:00):
the County of Los Angeles are sanctuary jurisdictions sanctuary venues,
which means that someone has picked up who is illegal
or may be illegal, and is put in jail or
put in prison, particularly jail in this case, awaiting some
kind of indictment, awaiting some kind of a charge, and
(02:22):
or has already been charged but released on bail. And
what happens, Well, it used to be years ago that
the authorities were told ICE was told we're about.
Speaker 2 (02:34):
To release an inmate.
Speaker 3 (02:36):
The inmate was released right into the hands of ICE,
and then the proceeding against any illegal migrant goes aboard. Okay,
now the rules changed, well, actually the rules.
Speaker 2 (02:51):
Were kind of the same. Where it turns out that.
Speaker 3 (02:54):
If someone has been accused or convicted of a crime,
or been deported a few times back to the border,
that is an exception.
Speaker 2 (03:03):
To the rules of sanctuary.
Speaker 3 (03:07):
And for the first time in years, La County, the
Sheriff's Department has resumed transferring jail inmates.
Speaker 2 (03:15):
Right to ice.
Speaker 3 (03:17):
That is not barred by local sanctuary policies that bar
people or that shield people from deportation, because the very
rules of sanctuary say, this is the exception if someone
has a criminal record, If someone has lived a decent
life here effectively and has not been deported a bunch
(03:41):
of times, and is not accused of very serious crime
or is a felon, then that person will be transferred
into the hands of ICE. Transferred meaning calling ice and
going here we go. Are John Smith. Let's say, is
John Smith, who's the inmate?
Speaker 2 (03:58):
And here he is.
Speaker 3 (04:00):
He's going to be released at eight o'clock tomorrow morning
from the county jail facility. And there they are waiting
at the door. That is complete cooperation. Used to not happen,
not in year's Now it does happen.
Speaker 2 (04:15):
And that's the first time.
Speaker 3 (04:17):
And I think six or eight have been transferred in
twenty nineteen, for example, it was four hundred and fifty
seven that were transferred so far this year, I think
at six or seven, and at that rate there'll maybe
be a dozen or fifteen.
Speaker 2 (04:31):
So it's very few and far between.
Speaker 3 (04:33):
So anybody who is illegal and is here in the
United States and gets picked up and maybe is.
Speaker 2 (04:41):
A felon who has done his or her time. Actually,
now they're not doing it with misdemeanors.
Speaker 3 (04:47):
They're doing it with serious violators of the law or
accused serious violators of the law.
Speaker 2 (04:53):
Okay, here we go. We're going to take some phone calls.
Speaker 3 (04:55):
Sam, You've got to give me names through the headsets
because my screening program is not working, and we will
go ahead and take phone calls. Brandon, Hello, Brandon, welcome
to handle on the law.
Speaker 2 (05:10):
What can I do for you?
Speaker 4 (05:12):
Hey Bill.
Speaker 5 (05:13):
In December of twenty twenty four, I activated and applied
a hotel chain offer to my credit card. It stated
that I had to spend at least seven hundred and
fifty dollars before March twentieth to receive a one hundred
and fifty dollars cash back credit. I reserved the hotel
in December for stay. In February of this year, when
I went to the hotel and stayed there, I found
(05:34):
out that the hotel was no longer a part of
the chain that the offer was for. Following my payment,
I did not receive the cash back credit for my
credit card company. I followed up with them for months
while they investigated, and their answer was essentially, the hotel
wasn't part of the chain when I paid, so they
didn't qualify for the offer. My question is sort of
(05:55):
multi pronged. Do I have a lawsuit here considering when
I reserved the hotel they were part of the chain.
Does the angle of how I trust them with offers
moving forward add to this? And then finally, this impacted
my travel budget for the years, so and I only
chose the hotel because of the offer and wouldn't have
stayed there otherwise, does that also impacted.
Speaker 2 (06:18):
Okay, three questions, so let me answer them.
Speaker 3 (06:20):
Yes, No, No, you do have a lawsuit, and there's
no question that they breached their contract with you. So
here you out are out seven hundred and fifty dollars. Now,
if it turns out that for some reason you couldn't
go or your plans were changed and that cost you money,
(06:41):
that's part of your damages. You add that to your lawsuit.
The fact that you decided to still go with.
Speaker 2 (06:47):
Them or not change.
Speaker 3 (06:49):
No, nobody cares the fact that somehow your vacation is
going to be ruined. No, because you can always do
something else. It's a straight breach of contract. And the
only damages that are recognizable as a seven hundred and
fifty bucks the rest of it. No, it's for example,
going to a hotel and finding that you have a
(07:12):
hotel room that you booked is no longer available. Here's
my view, and my view has been ruined. Therefore I
want my money back. Well, what they're going to do
is give you your money back to the extent that
they charged a premium for the better view. Those are
your damages. Has your vacation been ruined? Yeah, but what
does that mean. Do you get all your money back?
Speaker 4 (07:34):
No?
Speaker 2 (07:34):
Do you get a free hotel room?
Speaker 6 (07:37):
No?
Speaker 3 (07:37):
They usually will find something or give you some kind
of credit. But that's basically it. And by the way,
I don't doubt that your vacation was well. If you
had to make other plans or you had to cancel,
that maybe are arguable. But the point is you have
seven hundred fifty bucks and whatever other damages that you
did that you had, which I can't think of much
(07:57):
other than my vacation was ruined.
Speaker 2 (08:00):
Therefore I want all money back. Does that include airfare?
Speaker 3 (08:02):
By the way, does that include that you could no
longer use your vacation and it's a you have to
use it?
Speaker 7 (08:13):
No?
Speaker 2 (08:13):
Probably not.
Speaker 3 (08:14):
So now you get to sue the chain for seven
hundred and fifty bucks And is it worth it?
Speaker 2 (08:19):
Maybe? Maybe small claim suit. You assume them.
Speaker 3 (08:22):
You can assume in any hotel that they have go
to the front desk and.
Speaker 2 (08:27):
You sued them.
Speaker 3 (08:28):
Because it's corporation, they're doing business there. You better off
finding what their main office is and sue there. But
that's it. Yeah, I know it's It is a drag,
but that's the reality. The law doesn't always give you
what you want. That part is not clear cut. Let
me tell you about artificial intelligence. Oh no, well let's
(08:50):
take a break instead. We'll be right back. This is
handle on the law, oKFI. I am six forty bill
handled here a Saturday, more three on now two and
a half over two and a half, lovely hours to
go before richd Morrow comes award with the Tech show.
The phone number here if you would like some advice
(09:11):
that is marginal, sometimes worse, usually worse always worse. The
number is eight hundred five to zero one five three four,
eight hundred five to zero one five three four. This
is handle on the law, Marginal legal Advice. More phone calls, Sebastian.
Welcome to the show.
Speaker 4 (09:32):
Here you Bill, Hi Bill, I'm a I'm a beneficiary
of a trust a crust account across from a friend
who had died in New York.
Speaker 3 (09:45):
Okay, are you let me intert me the only are
you only the only trustee?
Speaker 8 (09:50):
No, there's ten of us, ten of you are trustees
or no, I'm sorry, beneficiaries, beneficiary and so yeah again,
how many trustees are there? There's one trustee and that's you.
Speaker 4 (10:05):
No, she's an attorney in New York.
Speaker 2 (10:07):
Okay, moving on.
Speaker 4 (10:09):
Okay, okay, sorry about that. In March, she sent out
letters to everybody talking and telling how much we're going
to get and with the paid work to fill out
to receive the funds, and she said that they wouldn't
distribute until everyone had filled other paperwork and send them
sent that in that's been in March. There's one person
(10:32):
holding everybody up. And this woman lives on an island
off the coast of Maine, and that you can only
get to by boat. And she's in her nineties. I'm
not even sure she's alive anymore. How long can this
trustee hold off paying everybody off?
Speaker 3 (10:49):
Okay, the trustee can't hold off to sign off. As
you said, what if someone is dead and has no estate,
or someone can't be found.
Speaker 2 (11:01):
Well, we're going to try to find someone.
Speaker 3 (11:04):
What after six months the person is dead and can't
be found, and you have no way of that person
in fact putting in a password.
Speaker 2 (11:15):
So that makes no sense whatsoever.
Speaker 3 (11:17):
What the trustee has to do is you've got ten beneficiaries.
One is not able to be reached, so you have
nine that are now taking ten percent each, and the
trustee hangs.
Speaker 2 (11:32):
On to the money. And then there are all kinds
of rules that at some point.
Speaker 3 (11:35):
It goes to the state, or the trustee has to
find next to kin or whatever.
Speaker 2 (11:41):
But you get your money.
Speaker 3 (11:42):
So now you're talking, Yeah, you're talking a few months
too long.
Speaker 2 (11:48):
I mean it should if it's fairly simple. Well was
this property or was.
Speaker 4 (11:53):
This No, this is all just cash. Yeah, all appropriates.
Speaker 3 (11:57):
Should have gone very very quickly. Something's wrong there, something
is wrong, and you want to email to contact, Well
you can contact the State Bar of New York. But
first you first you contact her and you write a.
Speaker 4 (12:12):
I've been contacting her about every month.
Speaker 2 (12:16):
And making okay, you're I would put it in writing.
Speaker 3 (12:23):
You want her to say in writing or or confirm
that she is saying we I cannot give you the
money until all ten of you have filled out the paperwork.
Speaker 2 (12:35):
It's just a croc.
Speaker 3 (12:35):
It makes no sense, and so I would What I
would do is say, hey, I'm going to contact the
State Bar of New York and put in a formal complaint. Now,
New York is not californiaet but I can't imagine they
don't have some kind of administrative overseeing system like we
have here. Are the state bar controls who is licensed
(12:55):
who is not, and that's through the Supreme Court. But
the state Bar, by permission by law now on behalf
of the Supreme Court, decides whose license and who is not.
So I would try that in New York. Give it
a shot. Okay, Rick, welcome to handle on the law.
Speaker 9 (13:15):
Good morning, Bill, Thanks for taking my phone call. Sure,
I am a landlord. I live, I have a house,
and I lent you out a room months to months
from the first to the last day of the month.
I have a tenant that gave me a thirty day
notice on the thirteenth of this month. Does she expect
(13:37):
me to pro rate August month or he's actually supposed
to pay me in full and she can take off
any time during the month.
Speaker 2 (13:46):
Okay? Do you have you your month to month? So
you have no lease? Correct?
Speaker 3 (13:51):
Okay, So she now has the ability as long as
she gives you the thirty days to say, she gives
you thirty days on the eighteenth, she can move out
on the eighteenth. Because the only way she you can
force her to say you get you get to pay
the full month for any part of the month, is
(14:12):
with a written leak a written lease.
Speaker 9 (14:16):
Okay, So I do have to You do have to
pro range?
Speaker 2 (14:19):
Yeah you do?
Speaker 3 (14:21):
Okay, yeah you do, because a lot of it has
to do with the fact you don't have a lease anymore. Yes,
all right, Well, welcome to California.
Speaker 9 (14:30):
Yes I look forward.
Speaker 3 (14:32):
Yeah I know, I know, but at least you have
some property that is so controlled by the state it
it's no fun. Now which city is the property in California?
Speaker 2 (14:44):
I'm sorry.
Speaker 3 (14:47):
There is no rent control Wednesday because that thousand oaks
at another county, LA County. I think that's that's Ventura County, right, yes, sir, yeah,
no rent control in uh or in vent tour A county.
Speaker 2 (15:01):
All right, who's next?
Speaker 4 (15:03):
Thank you, Steve.
Speaker 3 (15:05):
Hello, Steve, sorry about that because we have a little
glitch of a problem with our screening program. Hello Steve,
welcome to handle on the law.
Speaker 10 (15:13):
Thank you, Bill. My problem is that I signed a contract,
and after I signed it, it was for mold remediation,
and he pulled out two bathrooms, and I'm thinking now
that it's over one hundred thousand over the price that
it should have been. And I don't know if you know,
(15:36):
I signed a statement saying that as a senior, I
would relinquish it.
Speaker 2 (15:42):
Now that doesn't help you.
Speaker 11 (15:43):
No.
Speaker 3 (15:44):
The only way as a senior it would somehow get
in the way of the contract is if you were
incapable of knowing what you're doing. And you sound fairly
lucid to me. You know, I wish you had said, Hi, Bill,
I think I'm a German shepherd and I really believe that,
and I want to talk to you about out the contract.
Eye sign, So you sign the contract, you did the
(16:04):
deal they did work a substantial amount of work, so
effectively is buyers, buyers beware here, and this is why
you want to get several bids for something like this.
Speaker 2 (16:18):
And at the end of it, if.
Speaker 3 (16:19):
It's too expensive, wow, you're basically you're out of luck.
I mean, I hate to say it, but I'll argue
that you're incompetent. You know, the then the contracts invalid.
Speaker 10 (16:33):
Okay, all right, nice.
Speaker 2 (16:35):
Ruining, Nice ruining your life. It's always a pleasure.
Speaker 3 (16:39):
All right. Let me tell you about artificial intelligence. It
is everywhere in business particularly, and if your business isn't
using it, you're probably losing money, you're losing productivity, you're
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So you download the net Suite CFOs Guide to AI
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Speaker 2 (17:51):
This is handle on the law.
Speaker 12 (17:55):
You're listening to bill Handle on demand from KFI AM
six forty s is.
Speaker 3 (18:01):
KFI or KFI AM six forty bill handle Here. It
is a Saturday morning, as we continue on eleven o'clock
Rich to Morrow with a tech show, and then at
one o'clock, two o'clock this afternoon, I love my Times.
Speaker 2 (18:18):
Two o'clock this afternoon.
Speaker 3 (18:19):
It is the Fork Report with Neil Savedra, and it's
always fun with Neil. Now, phone numbers eight hundred five
two zero one five three four. Eight hundred five two
zero one five three four is the number to call.
And there's sometimes when we fill up very quickly and
you're waiting forever, and sometimes where we zip through and
(18:43):
I'm begging for phone calls because it's a caller driven
hope a show. So what am I gonna do you
know what? I should make it up. I should make
up the questions and answer them myself.
Speaker 2 (18:56):
You know, Sam, we should try that one day.
Speaker 3 (18:59):
I'll bet you that that would be one fascinating show.
Welcome back to handle on the law marginal legal advice
where I tell you you have no case. Diane, Hello, Diane, welcome, Yes,
Hi Bill, Yes ma'am.
Speaker 13 (19:13):
Okay, My question is this. I have three grandchildren whom
grandfather passed away twelve years ago.
Speaker 14 (19:21):
He left the.
Speaker 13 (19:21):
Trust and in that trust he let them all five
thousand dollars apiece. To this day, they have not received
any money from the trustees of you know, the holders
whatever you want to call them. They've been holding onto
this money where I don't know what they've done in
and I need to know what I need to file
to make them pay.
Speaker 10 (19:36):
What is rpidly theirs?
Speaker 2 (19:38):
All right? So the trustee just will not distribute.
Speaker 3 (19:42):
So the trust is was owned and set up by granddad.
Granddad dies and out of that trust. Okay, well, first
of all, you let him know you're breaching the contract
big time.
Speaker 14 (19:57):
And if they ignored it ignored?
Speaker 3 (20:00):
Is are are they? Who are these trustees? Individuals? Lawyers
the bank.
Speaker 13 (20:04):
Yeah, they as individuals are nieces.
Speaker 3 (20:08):
Okay, okay, and so they're screwing uh the all right,
you have certainly they have a lawsuit, but you want
to go a lot further than that.
Speaker 9 (20:16):
Uh.
Speaker 3 (20:16):
There may be all kinds of violations here that actually
are renunerative by the beneficiaries.
Speaker 2 (20:25):
So what I would do is I go to a
trust and a state lawyer.
Speaker 3 (20:28):
That's what I would do, because I don't know enough
about the state law. Trust in a state law, how unusual,
and say what could I do? Because you want to
go beyond just suing in small claims court. You want
to get these people for doing this, and of course
they're entitled to interest, uh, and that you have a violation, right,
(20:48):
the trustee breach their fiduciary duty straight ahead, and you
want to go after them and see what kind of
sanctions and we're not talking about legal sanctions, what kind
of damages, what kind of.
Speaker 2 (20:59):
Punit damages the court will allow?
Speaker 3 (21:02):
And there may be some statutory issues going on here
where not only is the money back, but there's also
some additional costs. And what effectively is a fine that
goes to the beneficiary and it's five thousand dollars each?
Speaker 7 (21:15):
Right?
Speaker 2 (21:15):
How big was the a state?
Speaker 13 (21:19):
It was probably five hundred thousand or actually we don't
really know, but I'm sure it was only even coast
a million all the day he.
Speaker 2 (21:25):
Left a million dollars and.
Speaker 3 (21:29):
Go ahead, I'm sorry, go ahead, all right, okay, almost
a million dollars. Let's say, and he leaves your grand
and he leaves his grandkids five thousand dollars each. Boy,
if I were one of those grandkids, I would be
thrilled with Grandpa did I What did I do to
offend him? So it's off to a trust and a
(21:50):
state lawyer. Bob, welcome to handle on the law.
Speaker 14 (21:56):
Yes, I have a two thousand and one f three
point fifty four fifty excuse me, bought it brand new
they always tag it with no problems.
Speaker 7 (22:10):
It's a Diesel, and went to go get it my
tags this time and they says it wasn't on the
original paper, but they said, go ahead, we need to
get a dot approved.
Speaker 14 (22:24):
On the truck. I says it doesn't have all that stuff.
Speaker 3 (22:27):
Okay, the Department Department of Transportation license has to be
issued by the government on this one, right, Yes, okay,
that's a dot all right.
Speaker 14 (22:41):
So I went ahead and I got improved. I mean,
I took it, get it tested. The guy said it
passed with flying colors. Called them back and they says, no,
you have to now change the engine to a two
thousand and ten or newer. I says, I'm seventy one
years old, I have twelve grand kid on High Street.
(23:01):
I work every day. I'm a portable welder, and you
just shut me out of business.
Speaker 3 (23:06):
Yeah, that doesn't They don't care, Bob, they don't care.
That's that's the argument that the clerk is gonna go, Yeah,
that's great.
Speaker 2 (23:15):
I enjoy yourself. Now the issue is you buy a truck.
Speaker 3 (23:19):
That is, you don't have to file a transportation license,
a department transportation does not need one, and all of
a sudden, years later they say you have to change
out the engine to comply. You're grandfathered in. They can
How far back do they go retroactively? How many years
(23:40):
back do they go? They can't do that.
Speaker 14 (23:43):
That's what I thought.
Speaker 2 (23:44):
Yeah, you're right, you're right. So you have to appeal.
Speaker 3 (23:47):
Somebody did a wrong made a wrong decision, and so
you get to appeal it. Because now you are talking
about levels of appeal and based on what you say,
I have no idea how.
Speaker 2 (23:59):
You can lose on that one. I really don't retroactively.
Speaker 3 (24:03):
So that means every truck that is older than X
number of years in the United States now has to
have a Department of Transportation license, although it may only
be Department of Motor Vehicles, it may only be California.
But you're still talking about massive, massive amounts of money. Anna,
you're your grandfathered in. Now you just get to go
(24:25):
through the appeals process and start screaming. I think you'll
do fine, Okay, Sue, Hello, Sue, welcome.
Speaker 11 (24:33):
Yes, I have an inheritance that is in probate in
California and they said up to twelve months it will take.
My question is if I die during that twelve months,
what can I do to make sure the money goes
to my inheritors? Can I do write a handwritten will?
Speaker 2 (24:58):
Okay?
Speaker 11 (24:59):
What I would like to it?
Speaker 13 (25:00):
All?
Speaker 5 (25:01):
Right?
Speaker 2 (25:01):
Can I die?
Speaker 3 (25:01):
Now? Are you talking about what you can do after
you die or before you die? Because it's really different
before you die, because it's pretty difficult to do after
you die because you're basically dead. No, it just goes
to the next goes to the next of kin. So
let's say you're leaving money to your five kids. Theoretically,
(25:25):
if one of them dies, if one of them predeceases you,
or somehow it doesn't want the money, it goes to
the other ones unless the will says that if one
of them dies and it goes to X person and
the inheritance passes through, you have complete control.
Speaker 2 (25:42):
And a handwrit written change means absolutely nothing. It's the
instrument itself.
Speaker 3 (25:48):
So tell me why you want to make sure that
it all goes to all the kids I'm assuming, Well.
Speaker 11 (25:55):
No to my family, my husband, my kids. I don't
want to go to my siblings who are okay.
Speaker 2 (26:02):
Well that's easy, Okay, I mean that's easy.
Speaker 3 (26:04):
First of all, if you die without a will or
a trust, it wouldn't go to your siblings anyway. If
you have kids that are alive, and if you're still
married to your husband, the easiest way to control, Yeah,
the easiest way to control.
Speaker 2 (26:15):
Put it all on a trust. Make your husband a trustee.
This is what I did. Here we go, here's my trust,
the bill handle trust.
Speaker 3 (26:22):
Any event I die, it goes to my wife, Okay,
and my wife is the trustee and effectively handles it
anyway she wants to. That's usually what a husband and
wife trust is about. If not if you die, only
your separate property can be transferred because the spouse still
(26:43):
owns half of it. So let's say you leave one
hundred thousand dollars in a trust, Well the spouse, your
spouse owns fifty percent of that, so you can't leave
one hundred percent because you can't. You cannot give away
his fIF fifty percent. So fifty percent goes down to everybody,
(27:04):
and or the trust decides the new trustee or the
co trustee where now becomes the only trustee makes a decision.
And usually you're on the same page where hey, husband,
if I die, then the money is all yours to
distribute it.
Speaker 2 (27:22):
But we've agreed to distribute A, B and C to.
Speaker 3 (27:25):
Our kids equally, or we want to disinherit one of
the kids, and you write all that down and if
you're fine, that's what I do. I disinherit my kids
on a weekly on a weekly basis, I disinherit my kids.
Speaker 2 (27:38):
It's wonderful, isn't it. And every time.
Speaker 3 (27:40):
They act out, you know, if they're still acting out
thirty years old and they think they're twelve thirty years old.
Speaker 2 (27:47):
They are twelve. And so here we go. Change the trust.
Speaker 14 (27:51):
Man.
Speaker 3 (27:52):
I'll tell you who does really well under these circumstances.
My trust and a state attorney. I am paying for
his kids college education. This is handle on the law
camy am six forty bill handle. Here it is a
Saturday morning, and the number to call eight hundred five
two zero one five three four.
Speaker 2 (28:13):
Eight hundred five two zero one five three four.
Speaker 3 (28:15):
Now, occasionally the calls are few and far between on
this show, as you know a lot of it because
I zip through these calls fairly quickly, and I don't
have much patience. I'm not one of these hosts that
keeps people on for a long time.
Speaker 2 (28:30):
And how your dog? Yeah great? Yeah, how's your family
a terrific?
Speaker 3 (28:33):
How are you doing? I know you've had problems. Yeah,
I don't do that, couldn't care less. So right now
we only have Chris on, and you're going to hear
if you.
Speaker 2 (28:47):
Well, this is what we do with the show.
Speaker 3 (28:49):
Unfortunately, the show is based on you calling in.
Speaker 2 (28:55):
Eight hundred five two zero one five three four. So Chris,
hang on a minute.
Speaker 3 (29:00):
I tell everybody else. This is what you get to
listen to. H during the breaks when no calls are
coming in. Check, baby checked it, Baby checked it, Baby check.
Mommy shut do do do do do do mommy shut
(29:20):
it do do mommy shut do do Now, if you
remember in Panama where we had the dictator, they had
to get rid of and they put up all these
uh these uh, the speakers around the presidential palace to
get him out of there.
Speaker 2 (29:39):
Because the way that we're gonna do it is with
music blaring twenty.
Speaker 3 (29:42):
Five hours a day, literally twenty five hours a day
instead of twenty four And this is what he listened
to four days.
Speaker 2 (29:54):
Huh. And this is guaranteed you to blow your brains
out too.
Speaker 3 (29:58):
This is used in the village against the enemy at
very loud loud levels. Number is eight hundred five to
two zero one five three four eight hundred five two
zero one five three four.
Speaker 2 (30:12):
All right, Chris, good morning, yes, good.
Speaker 4 (30:16):
Morning, Yes, sir.
Speaker 15 (30:17):
I have a question.
Speaker 4 (30:19):
I have solar.
Speaker 15 (30:19):
Panels on my house that got solar panels in twenty seventeen.
I'm trying to refinance my house. I got six hundred
thousand equity eighty thousand and they are have a lian
on my house.
Speaker 4 (30:33):
What do I do?
Speaker 3 (30:36):
Well, they should and they will basically subjugate themselves to
the lean they should allow. And this is what they do.
They will take a secondary position. They will put pull
back and take a secondary position. Also, you know, what
they have is a first lean on the property, so
(30:58):
usually with their permission. If you talking about refining. So,
but let me ask you how big is the REFI.
Speaker 15 (31:05):
I'm only gonna take out sixty grand.
Speaker 3 (31:08):
Okay, and you have six hundred thousand dollars of equity. Yes, yeah,
so they're not So they.
Speaker 2 (31:14):
Are not at risk at all.
Speaker 3 (31:17):
And even though I've never done this, I matter of fact,
this time around, I leased my solar system in the
other house that I had prior to that.
Speaker 2 (31:26):
I put in my.
Speaker 3 (31:26):
Solar system and paid for it. But my financial situation
has changed a little bit since I downsized and I
got divorced and all my money left me. So I
think they would subordinate to that first only for the
purposes of the.
Speaker 2 (31:45):
Of the refy.
Speaker 3 (31:47):
I have you talked to the refi company, the mortgage company?
Speaker 15 (31:52):
Uh, the more my mortgage company.
Speaker 11 (31:54):
They're they're they're there, They're willing to do it, but
they're waiting.
Speaker 15 (31:58):
They they're waiting on them.
Speaker 3 (32:00):
The solar company, Oh well, so they're already willing to subordinate,
got it.
Speaker 2 (32:05):
So it's that's an easy one.
Speaker 4 (32:08):
Now.
Speaker 2 (32:09):
The solar company.
Speaker 3 (32:11):
Okay, the solar company is basically the holder of the lean,
and of course the mortgage company is willing to do it.
Speaker 2 (32:18):
They want to loan you the money.
Speaker 3 (32:20):
They get ridiculous interst rates probably, and so they're going
to make money on the deal. The solar company, you
want to ask them why they're not cutting loose on
the on the lean?
Speaker 15 (32:33):
Yeah, okay?
Speaker 2 (32:33):
Have you have you asked them?
Speaker 6 (32:36):
No?
Speaker 15 (32:36):
I haven't asked them why yet. But it's like they're
holding up for something.
Speaker 9 (32:43):
They're no.
Speaker 2 (32:44):
I understand they're holding up.
Speaker 3 (32:45):
I know, I get it, you know, I get there,
holding up, understood, And the question is asking them why
they're holding up, because they should subordinate, and if not,
I don't know how they do business because this happens
time and time again.
Speaker 2 (33:01):
So I don't get it. Yeah, No, I don't care
what I don't.
Speaker 3 (33:05):
Care the name of the company. Have you asked them specifically?
Have you talked to someone there? Hey, guys, you have
a lan on my house. I want to refine my house.
My refin company won't let me refly because they want
a first position.
Speaker 2 (33:19):
Would you go to a second position? Now, if they say.
Speaker 3 (33:22):
No, you go back to the lender and go You're
going to get a second position. But I've got six
hundred thousand dollars in the house and you have to
ask them that question. All right, try that out.
Speaker 2 (33:38):
You always have to people. Valerie. Hello, Valerie, welcome, Hi
Bill tak my call.
Speaker 6 (33:46):
My question relates to a pet insurance policy for my dogs.
My claim was denied because I have two hundred and
seventy days to submit the claim from the date of service.
My claim came in at two hundred and seventy one days.
I would like to appeal the claim that I need
(34:07):
some help with some language. What things I can put
in my letter.
Speaker 3 (34:13):
Asking them no, I understand, Okay, So here's what I
would say, because this is not a new issue for them.
I'm sure they've been around the block a few times.
Here is what I would put in, please, Please, And
then I would also add my mother was dying of
(34:34):
an insert name of disease here. My father is in
prison for causing my mother to die. I just lost
my house, I'm about to have my leggy amputated, and
my kids won't talk to me. That's what I would
do for starters. But here's your problem. Where is the
cutoff date? And they're going to say where is the
(34:56):
cutoff date? So let's say so they say it's two
hundred and seven, right, that's what the cutoff date is. Okay,
So let's say, okay, we'll move it to two seventy five.
When the next person comes in with two seventy six,
what do they do? And then they move that date
to three hundred days, We'll give you three quarters or
(35:18):
eighty percent of the time. Okay, we'll give you grace.
How long is that grace? Five days? What do you
have you do if you come in on the sixth day, well,
we'll keep on going. So effectively, you're asking them to
just keep on going ad nauseum. And so you know
(35:39):
they got you legally, and what you want to do
is just to do whatever explanation you can come with
with with I would call someone who has the ability
or some to write a pencil to waive it. And
if they say I can't do it, that's policy, which
is usually the answer, you're going to get love to
do it, can't do it because of policy, and that's
(36:01):
what I have. I would have my person do well,
that's if I were a manager, but I'm never a manager,
so I'd say good luck, you're sol and then hang
up on you.
Speaker 2 (36:11):
But you've got no.
Speaker 3 (36:12):
Place to go, and effectively you're throwing yourself on the
mercy of the court.
Speaker 2 (36:15):
That's all you can do.
Speaker 3 (36:18):
That's it, Valerie. I know that's tough one. How much
how much do they want for the procedure?
Speaker 6 (36:25):
Eighteen seventy five.
Speaker 3 (36:28):
Eighteen hundred and seventy five dollars, Yes, okay, you know
it's a lot of money. My dog, one of my dogs,
was recently eaten by a coyote for breakfast and was
grievously injured and went in had surgery and did not
have pet insurance or didn't and had I don't know,
(36:48):
four thousand dollars worth of worth of damages, which I
went ahead and wrote and it wasn't fun, and then
still was sick. A week later, came in to the
vet and said, oh, the injuries are actually much more serious,
and she took a turn for the worse. And if
you want surgery. I'll have my money person, the manager,
(37:12):
come in and tell you how much it is.
Speaker 2 (37:14):
She comes in and gives me.
Speaker 3 (37:16):
A quote of fifteen thousand dollars for the next surgery.
Speaker 2 (37:24):
You know what my dog did. It died. That's what
the dog did.
Speaker 3 (37:30):
I wouldn't spend fifteen thousand dollars on one of my kids,
much less surgery for the dog. So, unfortunately, the problem is,
I don't think you're gonna have much help unless you
have someone on the insurance side that feels good about you.
All right, talking about feeling good and hurting if you
(37:51):
live in chronic pain or know someone who does live
in chronic pain, which I do. My wife, Lindsey is
she suffer first from a pretty rare disease that causes
chronic pain. I mean twenty four hours of pain. I
mean a lot of pain. So one of the things
that she did and does to deal with the pain
(38:12):
is start a podcast and it's around. It's called The
Pain Game Podcasts, and every week there's a new episode
that drops. She's in season three and it's all about
living with this kind of chronic pain and trauma which
causes this pain, and for loved ones who deal with
folks in pain like I do, for people who treat
(38:35):
those that are in chronic pain, like doctors. It's a
community and this is really helpful. This what the Pain
Game is all about. Pain Game Podcast is showing that
pain gives purpose. Now that is really counterintuitive, but it
(38:55):
really does work. The only way you're gonna understand is
going to the Pain Game Podcast, the Pain Game Podcast.
Follow on social at the Pain Game Podcast. That's at
the Pain Game Podcast. Visit the Pain Game Podcast. This
is Handle on the Law.
Speaker 12 (39:15):
You're listening to Bill Handle on demand from kf I
AM six forty
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