Trump vs Rosie O'Donnell

Handel on the Law. Marginal Legal Advice.

Episode Transcript

Speaker 1 (00:00):
You're listening to k I AM six forty the Bill
Handles show on demand on the iHeartRadio f.

Speaker 2 (00:08):
Kf I AM six forty Morning.

Speaker 1 (00:11):
Everybody Bill Handle here on a Saturday morning, right up
until eleven o'clock and then Rich Tomorrow comes aboard with
the Tech show. This afternoon it is Neil Savedra with
the Fork Report and the phone numbers here for marginal
legal advice, I give you every Saturday eight hundred five
to zero one five three four, eight hundred five two

(00:35):
zero one five three four. Top of the hour always
the best time to call. And usually if we are
light on phone calls, top of the hour is the
best time to call. Eight hundred five to zero one
five three four. All right, This is a President Trump story.

(00:57):
How unusual and most of the time, a great deal
of the time, when President Trump issues some kind of
statement of what he is going to or not going
to do in there somewhere is a bombastic statement which
means absolutely nothing. It's there for effect, it's there for reaction.

(01:23):
And I don't know if he believes that or not.
Sometimes he does. When it comes to immigration. I believe
he believes that it's one hundred percent I think he
believes he can deport eleven million people out of this
country or are here illegally. I believe that he believes

(01:45):
that he can just engage arbitrarily in a nuclear war
because he decides to do so. And those are ridiculous
on their face, no question about it. So here is
one that I thought is kind of fun. Normally, you
wouldn't take seriously any president saying this. You'd go, oh,
come on, except for President Trump, where he may very

(02:10):
well want to do this and go forward with it,
although I don't know how he does it. All right,
this has to do with Rosy O'Donnell. Now, Trump has
had an ongoing fight with Rosy O'Donnell for a very
long time, even invoking her in his first debate, and
you go, does he really hate her that much? He's

(02:32):
a man who holds grudges, to say the least. He's
still talking about the Biden administration, the Obama administration, and
how in the history of the world there never been
worst administration, probably.

Speaker 2 (02:44):
Biden because it's closest to his.

Speaker 1 (02:47):
Okay, So, now Rosie O'Donnell, who has been one of
the foremost enemies, if you will, one of the foremost
people public, people that have been against Trump in a
very very long time, matter of fact.

Speaker 2 (03:02):
As long as I can remember.

Speaker 1 (03:04):
So he reignited a decade long feud with her by
saying that he was considering revoking her citizenship I quote,
because of the fact that Rosie O'Donnell is not in
the best interests of our great country. I am giving
serious consideration in taking away her citizenship. She is a

(03:28):
threat to humanity and should remain in the wonderful country
of Ireland if they want her. God bless America. What
she did as soon as he was inaugurated this second
time out, she moved to Ireland, specifically, she said, as
a result.

Speaker 2 (03:45):
Of the election of Donald Trump.

Speaker 1 (03:48):
And so he goes ahead and makes this bombastic statement,
can he remove her citizenship? Of course, not what arbitrarily
a president says, I'm evoking the citizenship of another country.

Speaker 2 (04:02):
She was born in this country.

Speaker 1 (04:04):
I mean, can you imagine a president having the power
to revoke the citizenship of anybody, especially this president.

Speaker 2 (04:12):
Look at the list of people that would no longer
be American citizens.

Speaker 1 (04:17):
So bombastic, of course, just a ridiculous statement, except with
this administration go through with an attempt to do that.

Speaker 2 (04:27):
Yeah, I believe that would.

Speaker 1 (04:30):
Happen specifically, and then she responded on Instagram to the
president's post, you want to revoke my citizenship, go ahead
and try king Jeoffrey with a tangerine spray tan.

Speaker 2 (04:44):
I'm not yours to silence. I never was.

Speaker 1 (04:48):
I think that's why he hates her revoking citizenship. Now
he is trying to revoke birthright citizenship. That he is
trying to do and does he have a shot at that.
I don't think so. Because birthright citizenship that means if
you're born in this country, you're automatically a citizen. That
is encapsulated in the fourteenth Amendment, I mean right there

(05:09):
in the Amendment.

Speaker 2 (05:10):
So it's going to be.

Speaker 1 (05:11):
Kind of hard to run around it. Although there are
people that are born in this country that are not citizens.
For example, children of diplomats are not citizens of this
country even though they're born in this country. And birthrights
citizenship is fairly controversial. It's very common around the world
that birthrights citizenship doesn't exist. Just being born to someone

(05:33):
in the United States does not make someone a citizen
in many countries, and his position to get rid of
birthright citizenship is He says, if a child, which right now,
by the way, is the law, if a child is
born of illegal parents, then that child is not automatically
a citizen even if born here. If a child is

(05:53):
born with one illegal parent, that child is not a
citizen of the country. So at least there is some
kind of reasoning that I disagree with it. Although you
know there there used to be something called anchor babies,

(06:14):
which there still exists. In other words, you have people
who are not legal, women particularly come up to the
border south of the border, sneak across the border, have
their child and can you imagine crossing when a woman
is nine months pregnant or eight months pregnant, and then
the child.

Speaker 2 (06:31):
Was born in the United States.

Speaker 1 (06:33):
And there's two reasons why a woman would do this,
and both for very good reasons.

Speaker 2 (06:37):
One the medical care.

Speaker 1 (06:40):
One of the things about the United States, California specifically,
you cannot turn down medical care for anybody if there
is an emergency issue, and birth and giving birth is
considered emergency and.

Speaker 2 (06:52):
So they have to get the care.

Speaker 1 (06:53):
Now, can you imagine the care in a hospital in Sanyasedral,
California versus Tijuana Mexico. Okay, I mean it's a no
brainer there. And the other reason is that the child
will in fact be an American citizen. There is your passport,
you are an American citizen. And it used to be
these were anchor babies where the law allowed mother's parents

(07:16):
to then automatically apply for legal status in the United
States based on their children being American citizens. Well that
no longer exists now the United States. Can they kick
out a citizen born in this country. Of course not
back we go to citizenship. Rosie O'Donnell will never be

(07:37):
kicked out because she is a citizen of the United States.
So what they do with anchor babies is they tell
mom or dad usually mom, hey, we can't throw out
your child, but here are your choices. You go ahead
and just leave, or we're going to deport you and
your child either goes with you and lives in Mexico

(08:00):
or Guatemala or wherever, or we find a relative, or
actually you find a relative, and now people are making
plans for that you find a relative to place your
child with, or if you can't, we will take your
child and put the child in protective care.

Speaker 2 (08:19):
I mean, they're not going to leave a baby out
on the.

Speaker 1 (08:21):
Sidewalk, so they'll find foster parents for the child. Then
the issue is they adopt him, don't adopt him. That's
another issue that we'll do another time. So it's pretty
complicated stuff to say the least. And we'll see how
far this president goes, because no president has ever attempted
to talk about even talk about removing citizenship from anybody

(08:42):
born in this country.

Speaker 2 (08:46):
Is he going to try to do it? Yeah? I
think he is. Are the courts going to let him
do it? No?

Speaker 1 (08:50):
Even though the courts have allowed him more and more power,
this Supreme Court believes in presidential power in a big,
big way. I don't think they go so far as
to reinterpret the fourteenth Amendment. It is pretty clear stuff.
This is handle on the law. Don't say buye handle

(09:11):
here my Saturday morning.

Speaker 2 (09:14):
Welcome aboard. This is handle on the law.

Speaker 1 (09:18):
Marginal legal advice where I tell you have absolutely no case.

Speaker 2 (09:25):
John, Hi, John, welcome to the program.

Speaker 3 (09:28):
Hello handle, How are you doing?

Speaker 2 (09:29):
Yes, sir? Right for you got.

Speaker 3 (09:32):
A trust, revocable trust established in twenty twenty and since then,
with like the massive civil unrest the last five years,
it seems like I've bought multiple guns in California, and
so my question is, you know, if I die, because
they're all registered on my name, what happens to them?
Do I have to get an amendment on the trust

(09:53):
to get them?

Speaker 4 (09:54):
No?

Speaker 1 (09:54):
Trust, I trust can't own a gun and can't get
a license sow a gun.

Speaker 2 (10:00):
Uh, it's the.

Speaker 1 (10:02):
You have a property that's going to be inherited, that's it.

Speaker 2 (10:06):
So you're going to have a trust. It's called a
rollover trust.

Speaker 1 (10:09):
And effectively, here's the property that a trust can own
that's going to be distributed, uh, to whoever you want
to distribute it, pursue into a will. And if you
don't have a will, it's an intestacy part of your
estate which is not in the trust. So you give
it to whoever you can. They have to register it,

(10:30):
and if they're a felon, they're not going to be
able to receive it. And if the authorities know that
they are owners or have even a weapon in their
position possession, that is not good news. Fellon in possession
of a weapon is no go. So just leave your
guns to somebody.

Speaker 3 (10:49):
How many guns leave them in the will?

Speaker 2 (10:52):
Right?

Speaker 3 (10:52):
Okay?

Speaker 1 (10:55):
Now you can't leave them in the trust. Try, the
trust's not gonna be able to learn the guns. By
the way, how many weapons I have?

Speaker 2 (11:00):
John?

Speaker 3 (11:02):
Nine?

Speaker 1 (11:04):
Because you need them? You need nine? How many rounds
of ammunition?

Speaker 3 (11:08):
Oh, you don't want to know?

Speaker 2 (11:09):
Okay, in the thousands? I'm assuming if not more? Do
you what do you let me ask you?

Speaker 1 (11:14):
What do you expect to happen? What's your expectation with
nine guns? I'm assuming one or two or three are
assault weapons and thousands of rounds of ammunition?

Speaker 2 (11:22):
What do you think is going to happen? What are
you preparing yourself for?

Speaker 3 (11:25):
I see it like car insurance. You have to have it.
You don't want to use it, but if you need it,
it's there.

Speaker 2 (11:32):
No, and I understand No, I get it.

Speaker 1 (11:34):
So even I have a very healthy insurance policy and
mine is two hundred and fifty thousand, five hundred thousand
and an umbrella of policy.

Speaker 2 (11:42):
So I agree with you.

Speaker 1 (11:43):
Why would you want seventy million dollars worth of car insurance?

Speaker 5 (11:49):
Great question?

Speaker 1 (11:50):
Yes, that's exactly my question? All right, Natalie, Hi, Natalie, welcome, Oh.

Speaker 6 (11:58):
Yes, hi, thank you for taking I call. I was
scammed by the geek Squad scam where they send you
an invoice and tell you you're they're taking so much
money out of your account for something you bought.

Speaker 2 (12:12):
Anya, hold on, wait wait wait wait wait.

Speaker 1 (12:15):
The geek squad, I'm assuming are the people that come
around and and we very careful because I'm not saying
this happened. And Natalie, you could say it happened all
day long. You're not gonna get sued if it happened
to you. So to the Greeks, god people. I'm not
giving her credence as to what it happened. By the way,
I have no idea if it's true or not. So

(12:36):
when you say you were scammed, what does that mean
when they come out to repair or install your equipment?

Speaker 6 (12:43):
No, no, this is an invoice. I'm the computer that
comes into your computer and you call this number to
tell them you don't want it, and why are they
going to take Oh.

Speaker 1 (12:54):
Wait wait, and so this was okay, this is these
are the people that sold you the computer?

Speaker 2 (12:59):
Correct? No, what did they do? What did they do?
What did they do for you?

Speaker 6 (13:07):
They they it's a faky email. You know, it's a
faki geeks law.

Speaker 2 (13:12):
Oh got it. It was a scam. It was a
scam email. Okay, got it, and tell you email? Got it?
And you and you and you gave them your credit
card number.

Speaker 6 (13:24):
So they got into my computer and sold over eighty
thousand dollars.

Speaker 1 (13:29):
WHOA Okay, So what's your what's your question, Natalie?

Speaker 6 (13:33):
Okay, Well, we got it into the fraud investigation and
it went from VAC of America to Chase Bank, and
it's kind of in limbo there in Chase Bank, and
they haven't responded back yet as to whether they're going
to give me back my money or not. And I'm
asking you, do you think there's a good possibility I
can get my money back?

Speaker 1 (13:53):
Well, if the account when if the money went into
a Chase account from a ba A account, do you
know if the Chase Chase people have frozen the money.

Speaker 6 (14:04):
That I don't know, but I don't think the bad
guy's got the money.

Speaker 2 (14:08):
Okay.

Speaker 1 (14:08):
If they haven't frozen the money, if it went through
the bank your history, you are done. If they have
frozen the account, yes, it's just going to take some time.

Speaker 2 (14:19):
And all you have to do is prove that the
money originally came from you. So there is the issue. Okay, Lance, Welcome,
Hello Lance, yes, sir, I'm.

Speaker 7 (14:31):
A beneficiary of my grandmother. She died in nineteen eighty four.
Her insurance company is Lesera, La County. They're saying that
I have to prove that her husband is deceased, which
the man is on her deathertyficate. I know nothing about.

(14:53):
I've never seen this man or met this man. But
he's supposed to be my grandfather.

Speaker 1 (14:57):
Okay, nineteen second Lance, nineteen eighty four.

Speaker 7 (15:02):
Yes, and we're thirty four thousand and then I'm sixty
five now.

Speaker 2 (15:05):
Okay, Lance, Okay, so there you go.

Speaker 1 (15:08):
You never met the man who was on the death certificate,
right right right?

Speaker 2 (15:13):
Why would you? Why would you? Why isn't that possible?

Speaker 7 (15:18):
Because they're telling I didn't know she got married to
this person.

Speaker 2 (15:21):
I don't know.

Speaker 1 (15:22):
Okay, now what and by the way, death certificate, I
haven't seen him.

Speaker 2 (15:26):
Looking at my mother's death certificate. Does it even have someone.

Speaker 7 (15:29):
Reach the shame? Is his name is on the death certificate?

Speaker 1 (15:33):
Yeah?

Speaker 2 (15:33):
Okay, well that'ss to me. But so what you know
proving someone was Mary nineteen eighty four? You know the
statute is.

Speaker 1 (15:41):
Long long gone. And I'm glad you called in. I've
been doing the show. Actually, I didn't even start the
show until after nineteen eighty four.

Speaker 2 (15:49):
So what is that?

Speaker 1 (15:51):
What forty years ago? Hey, thanks for calling anybody. If
anybody else has the case, it's forty years old, please
feel free to call me and I'll be more happy
to answer the question. AI Artificial intelligence is everywhere now.

Speaker 2 (16:06):
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(16:51):
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Slash handle. This is Handle on the Law.

Speaker 8 (17:22):
You're listening to Bill Handle on demand from KFI AM
six forty.

Speaker 1 (17:29):
KFI AM six forty Bill Handle here on a Saturday morning.

Speaker 2 (17:35):
Let's do it more.

Speaker 1 (17:36):
Handle on the Law Marginal Legal Advice. Joe, Hello Joe,
Welcome Joe, you're there, Hello Joe. All right, Here's what
I do is I put Joe on hold and he's
got one chance to come back, because Joe is probably

(17:57):
listening to the radio, of which there is a delay,
and I think they're told all right, moving on. Let
me see it was really a good call here that
I had. Good question too. Hey Tony, welcome to Handle
on the Law.

Speaker 9 (18:14):
Hey Bill, you know these people in the Palisades are
complaining that they're under insured. Like if you had an old,
dilapidated house that's never been renovated and you try to
get an insurance policy, won't the insurance company send someone
out to see what kind of condition this house is in?
If it's like fifty sixty seventy years old, how.

Speaker 1 (18:33):
Can they wait wait, let me ask you to me
the house burnt down, Yeah.

Speaker 9 (18:37):
But it was a dilapidated house before.

Speaker 2 (18:39):
I understand.

Speaker 1 (18:40):
But how does the insurance company come out and say
this was a dilapidated house when there is.

Speaker 2 (18:45):
No house there to argue that was or was not dilapidated.

Speaker 9 (18:49):
When they originally took out the policy, when they have
some checked the condition of the house. No, they're gonna wow.
So they get like brand new McMansion for an old No.

Speaker 2 (18:59):
No, no, they don't get brand new big mansions.

Speaker 1 (19:02):
What they get is the cost of building the house
the same size as they had before. That's what they get.
They don't get an extra three million dollars. What they
do is get replacement value of the house now.

Speaker 9 (19:18):
So they saying that they're.

Speaker 1 (19:22):
Under insured, because they probably are under insured, Tony.

Speaker 2 (19:26):
Virtually everybody is under insured.

Speaker 1 (19:29):
Because you have to look at your insurance policy every year.
So let's say you have an insurance policy that covers
a million dollars because your house, to rebuild a house
five years ago, ten years old, was a million dollars,
and you haven't gone back and reinstituted an insurance policy

(19:50):
that increases and pays more money I look at my
insurance policy every year because the cost of building a
home goes up every year, and not many people do that.
So they are genuinely underinsured. And they can't build mc mansions.
I mean they could. Here's your million dollars and then
they go out and borrow another million dollars and build

(20:12):
a McMansion.

Speaker 2 (20:13):
They can do that.

Speaker 9 (20:15):
Well, how do you car with like two hundred thousand
miles and you had insurance on it? Do would you
expect them to give you a brand new car?

Speaker 10 (20:22):
No?

Speaker 2 (20:22):
You get you know what you get.

Speaker 1 (20:23):
You get the money of a of a car that
has two hundred thousand miles on it.

Speaker 2 (20:28):
That's what you get.

Speaker 9 (20:28):
They should get the value of a dilapidated house has
never been renovated.

Speaker 2 (20:32):
Yeah, but they don't do that.

Speaker 1 (20:34):
Yeah, because what is the Who decides what is dilapidated
and what is not? Do you decide the level of Okay,
you've crossed the line into dilapidated.

Speaker 2 (20:42):
Who makes that decision?

Speaker 9 (20:44):
Well, now they want money from the state to cover
the difference. Why should tax papers?

Speaker 2 (20:48):
I don't know of any money.

Speaker 1 (20:49):
Well, they're trying to borrow money from the state, but
they're not getting money there aren't grants out there, Tony.
Bottom line, you don't know what the hell you're talking about.
But thanks so much and I greatly appreciate that.

Speaker 2 (21:03):
Uh D hi D welcome, Yes, sir.

Speaker 5 (21:08):
On June Stays, twenty twenty three, I had a heartbot replacement.
The next day, they had him sitting in the chair
with my heart pillow sitting down. I asked a small
patique nurse if she could ad just a seat. She
said she was going to go get somebody. During that time,
I remember a nurse blue scrubs picking me up. I
screamed like a band she he dropped me. I hit

(21:29):
the wall. I had a concussion. My eyes were dilated.
My doctor requested for a blood clog, cat scan, all
that stuff. I was supposed to be discharged Monday.

Speaker 4 (21:42):
That was the weekend.

Speaker 5 (21:43):
After that, they kept me for a whole week. This
is all VIA paid for it I've had.

Speaker 2 (21:50):
I'm sorry you dropped out. You're still there? Hold on?
Wait wait wait wait are you you dropped out? Hold yeah,
I did, so.

Speaker 1 (22:00):
I go back to where you were, and that is
you're in the hospital for a week and then I
lost and what happened after that?

Speaker 5 (22:09):
Okay, yeah, I was all scheduled be you there for
three days, but the kids for the week for just
check ups. Okay, I've had within that time, I've had
nerve damage. I've provided my attorney to peoplework doesn't seem
to be really interested. January he finally said that they're
saying it never happened, but we're going to court. What
should I get another attorney at this point?

Speaker 10 (22:30):
Until I don't.

Speaker 1 (22:31):
Think so, because if your attorney is making the claim,
the other side said it never happened, so now you
have a case that is ripe for litigation and you
should go to court. That's what the attorney is doing
is taking it to court, all right?

Speaker 5 (22:49):
And then okay, so that that's normal time wise, what
money wise?

Speaker 10 (22:54):
What the damage should I.

Speaker 1 (22:56):
Be no idea, I have absolutely no idea. It depends
on every day. The bottom line, if it's the it's
the judge or the jury that make is going to
make that decision.

Speaker 2 (23:08):
So a couple of decisions.

Speaker 1 (23:09):
Have to be made by either the judge or the jury.
Number One, did it happen and they're making it up?
And my guess is they're gonna have a hard time
proving that it didn't happen. So I think you're going
to based on what you said, you're probably gonna prevail.
And number two, they determine what the band, what the
damages are. Your attorney is going for the moon and
asking for hundreds of thousands, if not millions of dollars

(23:32):
probably and with the jury comes back and says, Okay,
this is what it's worth, or the judge if it's
a bench trial only a judge's involved, says this is
what it's worth. I mean, everybody asked me, is what
is a lawsuit worth? Well, on a small fender bender,
on a small PI injury, that's easy because I know
what insurance company does, But the rest of it, I

(23:57):
have a tough time with it.

Speaker 2 (24:00):
Hi Leo, welcome.

Speaker 5 (24:03):
Bill.

Speaker 10 (24:04):
Yeah, my sister's been trying to get my house for
over twenty five years. I've tried to get help through
legally aid.

Speaker 1 (24:11):
Explain to me, your sister has been trying to get
your house.

Speaker 2 (24:15):
What does that mean?

Speaker 10 (24:16):
Twenty five years ago, she got her screening order against
me after I invited her into the home to just
okay screening order to get.

Speaker 2 (24:23):
Me houir enough. All right, So what does that have
to do with getting your house.

Speaker 10 (24:27):
I'm never going to sell it. She's trying to use
that the course means selling it never be.

Speaker 1 (24:32):
She can coerce, she can coerce you all she wants,
go ahead and listen to the house.

Speaker 2 (24:37):
Just coercing you doesn't stop it.

Speaker 10 (24:40):
No, no, no, I'm not never going to sell that house.
There's enough equity for a house for each sister.

Speaker 2 (24:44):
It doesn't matter. It doesn't matter who owns the house.

Speaker 10 (24:48):
Leo, I do. And there's a contestable as to whether
the trust left to her by my dad is.

Speaker 1 (24:55):
Ah, okay, that's what they're contesting, is whether she owns
the house with you.

Speaker 2 (25:02):
And this is not the question, Okay.

Speaker 10 (25:05):
The question I have is, I mean, I've been trying
to get legal help from the avenues UH available to
me legal aid and the County Legal Service is a
conflict of interest and legal aid won't help me because
they favored the petitioner over the responding.

Speaker 1 (25:24):
Mean, why do they favor the petitioner over the dispon uh,
the respondent?

Speaker 2 (25:28):
Where do where do you get that? How did how
did that come out of it?

Speaker 11 (25:32):
I looked that up on Google AI and it says, yeah,
that's sort of a gray area I have to research
it more. Basically, that's what they told me when I
had a Okay, wait.

Speaker 2 (25:43):
A second, you went to legal aid.

Speaker 1 (25:45):
You went to Legal Aid and they say, our prejudice
is for the petitioner and not for you, even though
we're gonna even though we're going to represent you, we're
going to really be on the other side.

Speaker 2 (25:59):
Is that what you're saying?

Speaker 10 (26:00):
That's well known, none of those words, but that's what
the Google alludes to. And also there's ale come on.

Speaker 2 (26:08):
Pill on website.

Speaker 1 (26:09):
You know, let's like go into med websites and say
I've got a horrible disease and your doctor says, no,
you don't, but but the web says it is doctor.

Speaker 2 (26:18):
Let me tell you it's impossible for legal aid. First flaw.
I don't even know.

Speaker 1 (26:22):
How legal it would even take that case, uh, because
it's it just doesn't make any sense. And you're talking
about legal aid taking the case to defend you on
effectively a will contest or a trust content. I understand,
But what does it have to do with what does
that have to do with getting the house? She's trying

(26:43):
to take my house?

Speaker 10 (26:43):
Explain that she's using the restraining order laws that basically,
she to do what to do, what compel me to
compel me to sell?

Speaker 1 (26:53):
But I will.

Speaker 2 (26:53):
They can't do that, Leo, No one is going to.

Speaker 1 (26:58):
They just they just say you have to stay away
from the house or her, but they can't stop you
from selling it.

Speaker 2 (27:07):
Legal, Leo, you own it?

Speaker 10 (27:09):
Yes, I oh, man, come on guy.

Speaker 2 (27:12):
Yeah, well yes, but yeah, but but but okay, great,
all right, that's good. I lost my patience.

Speaker 1 (27:18):
It's been a while since I've done that this morning,
but you know, good, good, good. This is Handle on
the Law Ky five a M. Six forty Handle here
on a Saturday morning. Welcome back Handle on the Law,
Marginal legal advice.

Speaker 2 (27:35):
Melanie, you're on the program, yes, ma'am.

Speaker 12 (27:39):
Yeah, Bill, you know.

Speaker 10 (27:41):
I have a driveway that I own.

Speaker 12 (27:45):
It's on a hillside, kind of narrow and has a
curve in it. My neighbor has an easement.

Speaker 10 (27:53):
To her house.

Speaker 12 (27:54):
But the problem with the easement is she can only
because there's no play for her to turn around.

Speaker 6 (28:01):
She comes up.

Speaker 12 (28:02):
The driveway into her garage and when she leaves, she
has to back down the driveway to get out to
the street.

Speaker 2 (28:12):
Right, okay, I have no.

Speaker 12 (28:15):
Here's the problem. My neighbor wants to kill me.

Speaker 1 (28:19):
She wa In fact, your neighbor wants to Well, well,
your neighbor wants to kill you.

Speaker 2 (28:23):
Is that what you just said?

Speaker 6 (28:25):
Jokingly?

Speaker 2 (28:27):
Okay, God, you're you're in all right. You're in an
altercation with your neighbor over this.

Speaker 12 (28:32):
She Yeah, I was watering.

Speaker 13 (28:34):
I'm disabled in a scooter and I was watering, and uh,
you know the foliage on either side of my driveway. Well,
she has this habit of backing down the driveway about
thirty miles an hour and she doesn't stop. Okay, And
the only thing that's saved my life and saved my
body over these years has been the fact that I

(28:58):
drop everything and run my scooter like hell, two.

Speaker 10 (29:02):
Guys to the street.

Speaker 2 (29:03):
Okay, it makes sense.

Speaker 12 (29:04):
Anyway, My question is can the easement be blocked when
I have so many instances?

Speaker 2 (29:14):
No?

Speaker 1 (29:14):
No, because that means she can't get That means she
can't get into her property.

Speaker 2 (29:18):
Where does she park?

Speaker 12 (29:20):
She there's a driveway originally the house they did not
have this easement originally with owls. There's a driveway at
the bottom of the property. She would have to go
up some stairs.

Speaker 1 (29:32):
Okay, and what if she can't. Okay, So let's say
she can't.

Speaker 12 (29:36):
Then they could put in a stairlift.

Speaker 6 (29:38):
That say, a lot of.

Speaker 2 (29:39):
My nailslifts, they can put it. So at their expense,
they should put in a stairlift.

Speaker 12 (29:45):
Because they've made the driveway.

Speaker 2 (29:47):
Stad No, I understand, No, I get it. I get it.

Speaker 1 (29:50):
So here, and it seems like the easiest fix would
be for her to slowly turn around and maybe honk
the horn and make sure you're not there.

Speaker 2 (30:02):
Would that work for you?

Speaker 12 (30:05):
You know what, Bill, Any of those would work.

Speaker 2 (30:08):
But okay, so here, okay, good enough.

Speaker 1 (30:10):
So here's all right now, I understand, I get it
to on least stop you right there.

Speaker 2 (30:14):
Yes, she's not willing to do any of that, So you.

Speaker 1 (30:17):
Get a court You got a court order where the
judge says to her, it's basically part of it's sort
of an injunction.

Speaker 2 (30:25):
It's a quasi injunction. It's the same thing. It's a
it's an order from the court telling her this is
what you have to do.

Speaker 1 (30:33):
You've got to slowly back up, you've got to make
sure that Melanie is not there. And if the neighbor
doesn't do that, you file a contempt order.

Speaker 2 (30:44):
Contempt of court.

Speaker 1 (30:46):
And now the neighbor gets into a fight with a
court And who do you think is going to win
that one? Because your neighbor's saying, oh, no, I didn't
do that, And here you are, you videoed it, or
you have some witnesses or even your affid.

Speaker 12 (30:59):
David kind of witnesses.

Speaker 1 (31:01):
Okay, then you then you get then you get a
court order and you ask your neighbor to pay for
your attorney and the court will give it to you.

Speaker 2 (31:11):
That's how to do it.

Speaker 1 (31:12):
I mean, you can't say, well, you can't park on
the property even though you have an easement, uh, and
build yourself a fornicular at three hundred thousand dollars or
two hundred thousand dollars or whatever the hell they cost, because.

Speaker 2 (31:24):
What if what if she can't afford one? What do
you do?

Speaker 1 (31:28):
Well, too bad, you're not You're gonna stay down there,
You're gonna live at the bottom of the stairs.

Speaker 2 (31:34):
That's not gonna happen.

Speaker 12 (31:35):
They you know what, they use that all the time.

Speaker 1 (31:38):
Well, you know still, still you're gonna have a very
tough time doing that.

Speaker 2 (31:42):
So the court order is far far easier, uh for sure?
Uh JP, Hello JP.

Speaker 4 (31:51):
Here you bill, Yeah, go ahead, Yeah, nice shows. So
my sisters I have my mother's state, I have sisters,
and sister took control of the estate with it, you know,
and there's supposed to be a trust.

Speaker 2 (32:06):
How did she do that? JP? How did she take
control the estate?

Speaker 4 (32:11):
I don't know. Well what she did was she manipulated
my mother because I didn't even know she.

Speaker 1 (32:15):
Yeah, okay, so your mother transfer Okay, your mother transferred
the property to her or she was a trustee of
the property.

Speaker 4 (32:24):
Correct, Well, yeah, she kind of. My mother was very
easy to manipulate anyway.

Speaker 1 (32:29):
Okay, care enough, all right, so she left? So, yeah,
is your sister the trustee? Was the property in a trust?

Speaker 4 (32:38):
It was in a trust, and she took control of it,
you know what I mean?

Speaker 2 (32:41):
Well, no, she was, JP.

Speaker 1 (32:43):
She was given control of it by your mom. Now
how she now? How she did it is you're going
to argue she didn't know what she was doing or
she was manipulated.

Speaker 2 (32:53):
Okay, So what's your question? What's your question? JP?

Speaker 4 (32:55):
Well then yeah she does. So then when my mother passed,
she refused to respond to certified malt from me and
phone calls and just cut it, cut me and so
I'm wondering what the call so I have?

Speaker 2 (33:10):
Well, you don't.

Speaker 1 (33:10):
I mean, look at this way, what stops your mom
from stopping to stopping to talk to you?

Speaker 2 (33:15):
And let's see, she was manipulated.

Speaker 4 (33:17):
By my mother. Didn't stop talking to me. My mother died?

Speaker 1 (33:21):
Oh okay, no, I understand. So I got the timeline wrong.
So after the course of your mother's death and your
sister became is the trustee, she wouldn't respond to.

Speaker 2 (33:31):
You, correct, right, right? Okay, she's allowed to do that.
She's allowed to do.

Speaker 7 (33:36):
That, all right?

Speaker 4 (33:37):
How do I get the trust money?

Speaker 7 (33:39):
Then?

Speaker 1 (33:40):
Uh, you file a lawsuit, but you're not going to
get any place with it because even though your sister
manipulated your mom, you know, you've got to prove that that.

Speaker 2 (33:51):
Your mom signed the trust? When did your mom?

Speaker 1 (33:53):
When did your mom sign the trust over? When did
when did your sister become a trustee of that trust?

Speaker 4 (33:59):
Unfortunately?

Speaker 7 (34:00):
Years ago?

Speaker 2 (34:01):
And you have to.

Speaker 1 (34:01):
Prove that fourteen years ago your mother was either nuts,
didn't have a cognitive ability, or she signed over or
she signed your sister as a trustee as because of
coercion or duress.

Speaker 2 (34:14):
How do you prove that.

Speaker 4 (34:15):
JP, Well, well, the sister I found out she was
drawing money out of the house and mortgages secretly, and
so I challenges are on that, and then she'd be okay.

Speaker 1 (34:26):
Who is a beneficiary, JP? Who are the beneficiaries under
the trust?

Speaker 4 (34:31):
Well? I'm supposed to be twenty five percent? Ah?

Speaker 1 (34:34):
Okay, So okay, Now, god, we took a long time
to get there.

Speaker 2 (34:38):
All right, JP.

Speaker 1 (34:39):
If you're supposed to be the beneficiary of the trust
and your sister took money as the trustee out.

Speaker 2 (34:45):
Of there, she has violated her for thisciary dute. How
much did she take? How much did she take out?
How much did you take out? JP?

Speaker 4 (34:53):
I don't know how much she took out, because she
would tell me, all right, you.

Speaker 2 (34:56):
Got a right how much money?

Speaker 9 (34:58):
Try?

Speaker 2 (34:58):
How much you think? How much you think it's substantial amount?

Speaker 4 (35:02):
Well, she said a substantial amount because it was excuse
for taking the mortgage out was that she took the
money out to put in a bank to pay me
a substantial amount of money per the trust.

Speaker 1 (35:12):
All right, Well, okay, so she's committed effectively fraud.

Speaker 2 (35:16):
And she viol You need Yeah, you need a trust.
You need a trust in a state lawyer to look
into that.

Speaker 4 (35:23):
This is no offer for a fraud more than the
failure of juduciary duty.

Speaker 2 (35:27):
Yeah, okay, you have to.

Speaker 1 (35:29):
It depends on the amount of money, but you have
You're going to need a trust thousand Yeah, what several
hundred thousand dollars she took, right.

Speaker 4 (35:38):
Yeah, well the states, well for over a million.

Speaker 1 (35:40):
Okay, you need a trust in a state lawyer who's
going to look into that. And the good news is
your sister is going to be paying for the lawyer.

Speaker 2 (35:49):
And now you get to find one.

Speaker 10 (35:50):
Uh.

Speaker 1 (35:50):
Sometimes you're willing to do on a contingency or a
high bred case where it's contingency plus an hourly, but
it's going to be paid for by your sister.

Speaker 2 (35:59):
All right.

Speaker 1 (35:59):
Let me suggest going to a place where if you're
in chronic pain, if you hurt twenty four to seven
chronic pain, and I happen to live with someone who
does my wife Lindsey, and it's heartbreaking, certainly for her
because she's the one that's in pain, and for me
because well there's almost nothing I can do about it,

(36:21):
and I just walk around suffering because of her suffering.
So if you happen to live in chronic pain, or
know someone who does, live with someone who does as
I do, or you're treating someone, or you have a
loved one. Let me suggest going to the Pain Game podcast.
Listening to the Pain Game Podcast. This is about guests

(36:42):
who have lived with dealt with all of this horrific pain.
Twenty four to seven. Every episode ends with a message
of hope. You'll actually understand that the show is about
giving pain purpose. Now that sounds weird, but that's exactly
what it's about. It's about her helping people and doing
so dealing with her own pain. So listen to the

(37:04):
show wherever you listen to podcasts, it's the Pain Game Podcast.
The Pain Game Podcast. You can follow on social at
the Pain Game Podcast. Season three just started The Pain
Game Podcast. This is Handle on the Law.

Speaker 8 (37:21):
You're listening to Bill Handle on demand from KFI AM
six forty