November 1, 2025 • 34 mins
Handel on the Law, Marginal Legal Advice.
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Speaker 1 (00:00):
You're listenings k Fly Am six forty the Bill Handles
show on demand on the iHeartRadio F Well, good morning,
everybody will handle here Saturday morning? What is Saturday tonight?
World seven of the World Series. I never watched baseball
actually last night, so that was kind of fun. Phone
numbers here real quickly. Eight hundred and five to zero
(00:23):
one five three four. That's number to call, and you
can get on and scream at me on ask me
a marginal legal question, which, of course I will give
you some marginal legal advice. And since it is the
top of the hour, as always, best time to call,
first hour, top of the hour, lines always clear because
(00:43):
we're switching over from show to show. Dean Sharp leaves
I come on, so all those calls are going because
I'm just tired of answering questions about toilets being plugged
or clogged.
Speaker 2 (00:56):
Just not going to do it.
Speaker 1 (00:57):
So the number four legal questions eight hundred five to
two zero one five three four, And as I said,
the lines are open, you'll get right through. We're got
a quick reminder that next Saturday at two o'clock, as
you know, in Neil Savader broadcasts his show The Fork
report all things food. He is broadcasting a remote of
(01:19):
which I am joining him because it's Thanks grilling, and
Thanks grilling is always great fun. This is going to
be at the Wild Fork Food Store in Laguna Miguel,
and we're gonna be out there in the parking lot.
There'll be grills a plenty, barbecue grills, and there'll be
samples for everybody to eat. And I'm not talking about
costco size samples. I mean samples. And Zelman's will be
(01:43):
there and I'll be there and Neil and hopefully you
join us. So calendar that one and that's next Saturday
two to five at the Wild Fork Store in Laguna
and Neguel and come hungry by the way, all right,
phone numbers here eight hundred five to two zero one
five three four, eight hundred five two zero one five
(02:06):
three four And as I said, lines are open and
you can just jump right in. Okay, anything else I
want to talk about and dot with the world, sir.
I had to cover that. Lugod and Miguel, I cover
that phone number. I covered that. Yeah, I think we're
ready to roll. This is handle on the law, marginal
(02:29):
legal advice, where I tell you have absolutely no case.
Speaker 2 (02:33):
Now I do that with pleasure.
Speaker 1 (02:35):
Have you noticed when I go, oh, you got nothing there,
you got nothing, it's always a joy or yeah you do,
there's something there. Unfortunately, So that's how I live my
life here.
Speaker 2 (02:46):
Okay, moving on.
Speaker 1 (02:50):
This is a story about Southern California ice raids. And
one of the things about ice raids is they're very
hot and heavy here in southern California. It's almost as
if Southern California is the poster child of what's going
on with the ice rates for a couple of reasons.
First of all, the huge number of Hispanic illegal undocumented people.
(03:12):
I mean just because of the very nature of our
population here. This is one of the hot spot areas
of the illegal immigration.
Speaker 2 (03:21):
Matter of fact's probably number one.
Speaker 1 (03:23):
So you have that, so it's easy pickings for the
Trump administration and wants to pick up as many as possible.
The other thing which makes it so delightful for the
Trump administration is not only is their low hanging fruit.
They can go to any home depot, they can go
to any construction site, factory site, and they are going
to in fact find illegal undocumented people. It's also because
(03:47):
of the politics California is a very blue state. It's
the bluest of all states. LA is a very very
blue city. As a matter of fact, most of California,
Orange County not as much, but there's still plenty San
Diego County all through this area. And so you have
a huge number of people being picked up. And so
(04:11):
what we see is the demonstrations that are occurring. And
this is where I have some real issues with the demonstrators,
all right for the moment, and I'm going to just
take their position for argument's sake here is that they
are stopping or trying to stop the indiscriminate ice arrests.
(04:33):
And by the way, when Christinome, head of Homeland Security,
says we're only we're only going after the worst of
the worst, as they're picking up people, I know of
a kid who has picked up my photographer at my
daughter's wedding and my big bash post my wedding was there.
Speaker 2 (04:53):
Nicest kid, twenty seven years.
Speaker 1 (04:55):
Old, had a photography business, has been here since the
age of thirteen, was picked up and deported. And you
see so many stories of these people being deported. It's
not the worst of the worst, are some, certainly, but
it's indiscriminate. So these protests are going on all over.
Ice comes in and all of a sudden, the arrest
is happening, and they call in a bunch of the
(05:16):
agents and then you have the protesters and the fight ensues.
So what's happening is you have a lot of protesters
being arrested for interfering in immigration enforcement. You can see that,
and they're shooting themselves in the foot. Why because those
are the videos that are run. This is what the
administration shows. Look at this, the city is out of control.
(05:39):
This is open rebellion against the government of the United States.
Because that's the premise of bringing in huge numbers of troops,
not just ICE, but also we're talking about National Guard,
We're talking about the military because it's all quote out
of control, and in reality, that's not true. It's not
out of control. I mean, are there demonstrations that are
(06:00):
turning violent? Of course there are, are they huge in numbers, No,
they're not. Matter of fact, Portland, Oregon, where the mayor
where this happened, the Trump administration brought out federal troops
and argue that Portland is an open rebellion and the
city is collapsing and the mayor.
Speaker 2 (06:17):
Said, no, it's not. We got three blocks, that's what
we have here. Why are you sending in troops.
Speaker 1 (06:23):
So whenever you see these demonstrators throw rocks, throw bottles,
interfere with an arrest, which you cannot do. You just
can't an ICE official, if you see a member of
an ICE patrol picking someone up, you cannot get in
the middle of it and interfere. You're gonna get tagged
(06:45):
and it's gonna be videoed, and it's going to prove
that you are part of this horrific rebellion.
Speaker 2 (06:51):
So you just can't do it.
Speaker 1 (06:53):
July tenth, search warrant at a cannabis farm clean the
place out, and there was a clash with demonstrators and
what happened is some people threw rocks at the agents
and they were picked up and arrested and should be
in custody and are and the authorities are. What they're
concentrating on is not only the arrest of immigrants, which
(07:16):
is legal. By the way, immigrants can undocumented immigrants can
be arrested. That's within the law, and they can be deported. Now,
you can protest it, but don't throw rocks. For God's sake,
you don't throw bottles at the police officers, just engage
in more protests. A couple of Saturdays ago, I actually
went to the No King's rally on Saturday and was
(07:43):
only that was the only protest I've ever been to
in my life, the only one. And my thing was
freedom of the press, because I'm part of the press,
and so I'm holding up my sign freedom of the press,
and alway knows what the hell I'm holding up because
everybody else was no Kings, no Kings, no King's business.
But that is my piccadillo. Okay, we'll go ahead and
(08:04):
take a break. Coming back. We do have calls to answer,
or I have calls answer. It's always a we. It's
the Royal We. We are not amused. Now I will
answer the questions. This is handle on the law and
this is KFI am a six forty bill handle here
on a Saturday, on a World Series Game seven Saturday.
(08:26):
And the phone number is eight hundred five two zero
one five three four eight hundred five two zero one
five three four, and that's the.
Speaker 2 (08:37):
Number to call.
Speaker 1 (08:38):
And we do have some lines open, although calls are
coming in eight hundred five to zero one five three four.
Welcome back, handle on the law, marginal legal advice.
Speaker 2 (08:49):
Okay, Terry, welcome to the show. What can I do
for you?
Speaker 3 (08:53):
Yes, good morning, beale, Yes, ma'am. I have a question.
I have a question that's been buggamy because I've seen
an attorney, and here's the question. Is it absolutely necessary
to provide a copy of my trust to the entire
copy to all the charities that I have listed in
(09:15):
the trust, of which I have approximately fifty.
Speaker 1 (09:21):
Nope, you don't have to provide a copy to any
of them.
Speaker 2 (09:27):
Excuse me.
Speaker 1 (09:29):
The only copy you have to provide for is a
copy to the trustee, because the trustee is going to
administer the trust and it's going to distribute to in
this the beneficiaries in this case are the charities, so
they probably don't even know that they're going to be
receiving money. And it happens all of the time, where
you produce one copy, it goes to the trustee to say, hey,
(09:51):
you worry about it, and.
Speaker 2 (09:53):
You know why you don't have to worry about it anymore, Terry.
Speaker 3 (09:56):
Yes, because you're dead.
Speaker 1 (09:58):
That's why you don't have to worry about it anymore. So,
of course, yes, but fifty fifty charities. That's a lot
of charities. How much money are you giving to charity? Terry?
Speaker 3 (10:10):
It's just one million divided between all of them.
Speaker 1 (10:14):
Well, it's still twenty thousand dollars. Still twenty thousand dollars
per charity. I mean that's uh, do I have that right?
Speaker 2 (10:20):
Fifty?
Speaker 4 (10:20):
Yeah?
Speaker 1 (10:20):
I think that's right. Yeah, that's still that's real money.
That's real. Let me go ask you what what charities?
What's the weirdest one you're you're leaving money to?
Speaker 3 (10:29):
Well, somebody thinks some people may think it's weird. I
love the little donkeys.
Speaker 2 (10:34):
Donkeys, donkeys, donkeys.
Speaker 3 (10:38):
Say dunky, yeah yeah.
Speaker 2 (10:43):
Donkeys and lions and bears.
Speaker 3 (10:48):
No bears, no time casts.
Speaker 2 (10:51):
Okay, the lions catch dogs all right. Well you know
what I mean.
Speaker 1 (10:55):
Good for you. It's you know, fifty charities, including donkeys.
I like that pretty cool, right, Jeff, let's go to you. Hello, Jeff,
welcome the handle on the law.
Speaker 5 (11:05):
Yes, sir, I was riding a mobile home and two
years ago the landlady sold it. She did not transfer
the deposit to the new owner, she didn't spend it
on repairs, and she didn't return it. I want to
see it for that it's twenty four in bucks with
the small claims, and I think she's not gonna pay
it when I win. Can I file a lean on
(11:27):
the property?
Speaker 2 (11:28):
No?
Speaker 1 (11:29):
No, you really can't. Now, all you can do is
file a lawsuit against her.
Speaker 2 (11:34):
You'll win. I also have to.
Speaker 1 (11:36):
I would also file lawsuit against the current owner of
the property.
Speaker 2 (11:41):
File against both of them.
Speaker 1 (11:43):
You'll get a judgment and which the judge is going
to give it to one one person or the other,
probably to the original owner of the property who then
sold it. And you're gonna have a judgment, and then
you go to collect the judgment.
Speaker 2 (11:55):
You're not gonna be able to put a lien on it.
That doesn't work that way.
Speaker 5 (11:59):
Okay, let's no mechanism for collecting, is there No.
Speaker 1 (12:04):
But there's not even a mechanism for collecting in regular court. Now,
what you will be able to do, and now we
talk about the lean, because there is a de facto
lian and that is you file with the county recorder
the judgment, and now that becomes as a part of
(12:28):
that is a lien and that has to be paid off.
And the other thing is, I don't know if this
person ever cares about credit or not, but the credit
will be totally destroyed once a judgment is filed.
Speaker 2 (12:41):
A judgment lean is filed, so.
Speaker 1 (12:43):
You don't file an actual lean against the property, but
you file the lien with the county recorder and that
does it for you and hopefully you get your money back,
and then at that point that has to be paid
off when the property is sold. And of course any credit,
as I said, is just shot to hell. Okay, Drain,
Do I have that right, Drain?
Speaker 4 (13:05):
Yes, of course it is right, Bill, and thank you
for taking sure.
Speaker 2 (13:10):
I like that name.
Speaker 1 (13:10):
I have never heard of that before. Drain Is that
uh yeah, no, I assume that with the accent? But
is that your parent? It was raining outside and drain
and then you were born like an Indian trive.
Speaker 6 (13:23):
Never mind, Okay, my name is Drain. He's just pronounced rain.
Speaker 4 (13:28):
My girlfriend in Montana called me Dreno, and I didn't
like it.
Speaker 1 (13:31):
And that's funny, Durin. That is funny. I will tell
you right now. I am now in love with your
girlfriend for doing that. Okay, all right, what can I
do for you?
Speaker 4 (13:42):
Yes, I have my car was on theer with the
mechanic for almost a year auto body mechanic, which he
didn't repair, and then one of his employees put the
car on the roads for about four months and he
didn't tell me and I had to take a police
help to get my car, and I found the car
was vandalized.
Speaker 6 (14:02):
And I want to announce sue. I don't know who
to sue.
Speaker 4 (14:06):
My auto insurance company with Chess comprehensive insurance.
Speaker 1 (14:10):
Yeah, you're not going to sue your auto insurance company. No,
you're not going to sue your auto insurance company unless
they refused to file the claim. But well, what did
you do for the year? Did you ever report the
car stolen? Did you ever? What did you drive for
a year? If it was if it was with the mechanic.
Speaker 6 (14:27):
For you, it was no.
Speaker 4 (14:31):
The mechanic was just telling me that I am going
to give you today. I'm going to give you to
modo and for a year, for a year, for almost
a year.
Speaker 2 (14:38):
All right, So what did you drive?
Speaker 7 (14:42):
No?
Speaker 6 (14:43):
I didn't drive. I went my public transport bus.
Speaker 1 (14:45):
Okay, okay, So here's what you do. I don't know
if you turned how did you get your car return?
Let me add that, when did you find out your
car was there.
Speaker 6 (14:57):
And not just gone tired of asking the body shop?
The car is okay?
Speaker 2 (15:01):
So how did you find it?
Speaker 6 (15:02):
The help of the police.
Speaker 2 (15:03):
Ah, okay, all right? Did you report a stolen car?
Speaker 4 (15:08):
No, they didn't take it the car as stolen because
they said that I had given to the autobody shop
for repair.
Speaker 2 (15:15):
So okay.
Speaker 1 (15:16):
They argue that it was a bailment that they had
custody of it. Did you try to collect on your
insurance company at all?
Speaker 6 (15:24):
Yes?
Speaker 4 (15:24):
I did, but I did it for the damage before
I gave it to the autobody All right.
Speaker 2 (15:29):
Is your car back?
Speaker 1 (15:30):
And let me ask you, this is your car back
the way it was prior to the auto mechanic take
taking it?
Speaker 2 (15:37):
Is it? Is it in good shape?
Speaker 6 (15:38):
Yes?
Speaker 2 (15:38):
Is your car in good shape? Right now?
Speaker 6 (15:40):
It was because it was on the road.
Speaker 2 (15:42):
Okay. Then now was that repaired?
Speaker 6 (15:46):
I got it repaired and okay, got it?
Speaker 1 (15:48):
So you got your car back. So your damages is
you didn't have a car for a year.
Speaker 4 (15:53):
Yes, and also the cost of repairing the vandalizer.
Speaker 2 (15:57):
Wait a second, the insurance company didn't pay for that either.
Speaker 8 (16:01):
No.
Speaker 2 (16:02):
Did you have comprehensive or just liability?
Speaker 6 (16:06):
I think I had comprehensive.
Speaker 1 (16:07):
Also, when you go out, then you submit the cost
of your insurance company.
Speaker 2 (16:11):
They are responsible for the cost of repair.
Speaker 1 (16:14):
The fact that you decided to take public a public transportation, that's.
Speaker 2 (16:18):
Sort of on you.
Speaker 1 (16:19):
If you had to buy a car, I mean you
possibly consue for the cost of the public transportation. Yeah,
i'd see the insure your insurance company. I go after
them for everything in small claims court. That's a weird
one a year and you just sort of sit back
and the guy tells you, yeah, we'll have it today.
You'll have it today. Really really weird. Hey, let me
tell you about pain. Living in chronic pain. Now, this
(16:43):
is pain that goes on twenty four to seven. It's
always there and it can be so debilitating. Well, people
have killed themselves over the pain. And I want to
tell you about a podcast called The Pain Game podcast
that my wife has because she has chronic pain.
Speaker 2 (16:59):
She suffered this twenty four to seven.
Speaker 1 (17:01):
So she started this podcast to help people and she
helps herself in the meantime doing it. People who live
with have dealt with treating those in chronic pain, have
family members who have chronic pain with a lot of
them have lost people because well, it's really tough stuff.
And the host, Lindsey, as I said, deals with this
(17:21):
twenty four to seven. Every episode ends with a message
of hope. And you'll understand and this one I didn't
get for a long time. You'll understand that what her
show is about is giving pain purpose. You can make
purpose out of this pain, as contraintuitive as that accounter
intuitive as that sounds. It's the Pain Game Podcast, the
(17:42):
Pain Game Podcast. Wherever you listen to podcasts, you can
follow on social at the Pain Game Podcast, or listen
to the Pain Game Podcast.
Speaker 2 (17:54):
On the law. You're listening to Bill Handle on demand
from KFA A six forty Yeah Pie Handle Here.
Speaker 1 (18:04):
Let's say Saturday morning, it's World Series Day tonight first
and tonight Game seven of the World Series. Very exciting stuff.
And then next week I'll be telling you about a
lot about this. I only today, but during the week
it's Thanksgiving or Thanksgrilling with Neil Sevedra and with me
at the Wild Fork Store in Lagoda and Neguel and
(18:26):
from two to five is regular broadcast and we're going
to be eating and having fun, and chefs will be
there and settlements will be there. At Giving on samples
gonna be great fun. Phone number here is eight hundred
five to two zero one five three four eight hundred
five two zero one five three four. Welcome back. Handle
on the law Marginal Legal Advice.
Speaker 9 (18:48):
Hi Mary, Yes, Hello Bill. I have a question for you.
My mother purchased a long term insurance and later on
a short term insurance. Once they started paying out. On
the long term, she didn't pay any premiums and with
the short term she's drawing money and at the same
time they're making her pay the premium, so she's actually
(19:11):
getting less premium than she's supposed to. And I just
wonder if that's okay or not.
Speaker 1 (19:17):
Wow, I have not even understanding. I thought you were
going to ask what's I'm still at. What's the difference
between short term and long term where short term being
a shorter term than the longer term, which is a
longer term.
Speaker 2 (19:30):
I'm very good at this stuff.
Speaker 1 (19:32):
Are you talking about term insurance versus universal life or
whole life insurance. They're two entirely different policies. One is
just on just your life, that's it, no savings nothing.
Universal long term is you're putting money in every month,
but you're also investing that money. Part of it goes
to an investment that then pays you back, so you
(19:56):
get lower amount when you die, but you get money
at the end of the term. You can always cash
it in. So I don't quite know what you're talking about.
So she is getting she is?
Speaker 7 (20:05):
What is she?
Speaker 2 (20:06):
Who is she paying to? Long term or short term?
Speaker 9 (20:10):
She paid long term, but she already used that up.
It was for two years and they paid exactly what
they said.
Speaker 1 (20:17):
Okay, let's so she used it. She so long term
was two years? Is what you said? She paid long
term for two years? How much does she paid for
two years? How much does she pay for the other one?
The short term?
Speaker 9 (20:30):
About three hundred dollars a month?
Speaker 2 (20:32):
And okay's that she's not getting any money, correct, She's.
Speaker 9 (20:38):
Got money for maybe a year, and now the insurance
is running just she's paying further into it and they
don't want to accept her because she had a stroke
and they say that's not not qualifying for short term.
Speaker 2 (20:54):
I think it's no long term illness.
Speaker 1 (20:58):
Yeah, I don't know. None of that made any sense
to me. If there's insurance people out there, just let
me know if that made sense.
Speaker 2 (21:04):
No idea you know.
Speaker 1 (21:06):
My knowledge of it is a short term is shorter
than long term. And I think she meant universal life,
whole life versus just a straight term policy.
Speaker 2 (21:14):
But none of that made any sense.
Speaker 1 (21:16):
Oh, Ed, Hello, I'd welcome to handle on the law.
Speaker 7 (21:21):
I do.
Speaker 5 (21:22):
I want to tell.
Speaker 7 (21:25):
A piece of paper for if I got a divorce
next year and I don't want to pist your fifty
in my life. I'm in the state of California, and
we already have a trust and we have a will done. No,
what can I file if I don't want to deal
with a fifty to fifty both of us.
Speaker 2 (21:42):
Well, it's not really your colle ed.
Speaker 1 (21:44):
You don't have much of a choice on the fifty
to fifty business.
Speaker 2 (21:48):
The rule is really simple.
Speaker 1 (21:50):
Anything earned during the course of the marriage as a
result of your income, that's fifty to fifty ED. As
long as you've been married, it's you split it right
down the middle. Now, there's some rules exceptions. If you
had property that you had previous to your marriage, and
those generate income, that's your property.
Speaker 2 (22:10):
She doesn't get any of that. But let me ask
you how long you've been married?
Speaker 7 (22:13):
ED two?
Speaker 1 (22:16):
Okay, And you don't want her to get half your assets, right, we.
Speaker 7 (22:21):
Have some investments, saying in Europe, she has her own
assets and I have my own assetsors.
Speaker 2 (22:26):
Okay, well, hold on a second.
Speaker 1 (22:27):
When you say your own wait, wait when you say
your own assets. So there's some in Europe in your name,
there's some in Europe in her name? Right, Yeah, that's
still that's still it's still fifty to fifty. By the way,
you own half of her she owns half of yours.
Because that was you you got that those you picked
(22:49):
up those investments. You received those investments during the course
of your marriage. And I'm assuming it's from the income
that you received or the income that she received or both.
Is that correct?
Speaker 7 (23:01):
From our families, you know, the my friend's valuable.
Speaker 1 (23:04):
Oh, hold on a minute, whoa did you know you're
now we're going into an exception land. Okay, Now you
may be a happier camper than I thought you were
going to be. The money you inherited from your parents,
did that go directly into property that is in your name?
Speaker 7 (23:22):
Oh, it's one directed to the saving account of the bank.
Speaker 1 (23:25):
The savings account of the two of you. No, just
me okay, And then you bought the property that's your money.
There's no fifty to fifty there, and there's nothing by
the way, there's no paperwork other than a divorce that
you're going to file.
Speaker 2 (23:40):
The rules are real simple.
Speaker 1 (23:42):
Money that is derived from your income as a community
I got, you know, get married. For example, I got
divorced from my wife of thirty years, who I still adore.
Speaker 2 (23:54):
By the way, we're very very good friends.
Speaker 1 (23:57):
All of our assets I earned bot during the time
that I was working. She gets fifty percent of everything
we have, as she deserves because it's a community property state. Now,
if I had a separate property, let's say I had
an apartment building before marriage, that's wine unless I decide
(24:20):
to throw in the marriage into the community. If I
inherited money and bought a piece of property with it,
that's mine.
Speaker 2 (24:27):
So the rules are real simple.
Speaker 1 (24:29):
You figure out what's yours, you figure out what's hers,
you figure out what's community property.
Speaker 2 (24:33):
And if you're getting you're getting a divorce. Is that
right ed?
Speaker 7 (24:38):
Yeah? Next year and we don't have a property of
a seat. We only have savty accounts. She hasn't.
Speaker 2 (24:43):
Okay, well it doesn't, It doesn't really matter. It doesn't.
Speaker 1 (24:46):
Now if the savings account are in both their names,
it's fifty to fifty if they're in separate names. I said,
it can be yours. You're in the middle of the divorce.
How much is your state? How much money got parked away?
Speaker 2 (24:55):
Ed?
Speaker 7 (24:58):
Well, I'm not here, but I don't care.
Speaker 2 (25:00):
How much money do you have parked? I don't care
where it is?
Speaker 6 (25:04):
And then a mine, no total?
Speaker 2 (25:06):
I mean, what's yours?
Speaker 1 (25:07):
We have We haven't even discussed what's yours or mine
because we haven't figured that out yet, because you're not
doing a wonderful job of saying what's yours? Not how
much money are we talking about?
Speaker 2 (25:15):
Total?
Speaker 7 (25:16):
I don't know about seven ender of fifty overseas?
Speaker 1 (25:19):
All right, you get to just talk to a divorce attorney.
I don't know if I help you out on that.
I have no idea, but it's for me. The formula
is real simple, you, No, it is real simple. Whatever
you earned during the course of the marriage, no matter
where that money goes, investment or not, is fifty to
fifty separate property belongs to you separately.
Speaker 2 (25:37):
Okay, that's the Conversation's over the rest of it. Oh yeah, yeah,
overseas not overseas? Okay, fine, Uh, this is handle on
the law.
Speaker 1 (25:47):
This is care fine handle here on a Saturday morning
World Series Game seven tonight, that's gonna be a lot
of final se if.
Speaker 2 (25:56):
The Dodgers pull it off.
Speaker 1 (25:58):
And if we don't see the Dodgers put all, it'll
be the Blue Jays.
Speaker 2 (26:01):
Guy, I'm so good, shou'd be a sports guy for sure.
All right.
Speaker 1 (26:04):
Phone numbers here for legal advice eight hundred five to
zero one five three four, eight hundred five two zero
one five three four. And yes, we do have lines open,
although lines are coming in, so nobody's waiting very long
at all. All right, welcome back, more Handle on the Law,
marginal legal advice.
Speaker 2 (26:25):
Hi Diane, you're up, Welcome to the show.
Speaker 10 (26:28):
Hi, good morning. Yeah, my sister has taken the title
to my mom's property after my mom died, and we
have other siblings, and that was not something we agreed to.
We know that she had my mom's power of attorneys.
My mom had dementia and was in a nursing home,
(26:50):
and my sister was paying the small bills that my
mom was generating, all right, and he sneakily transferred the
title upon.
Speaker 1 (26:59):
Okay, well, I mean mom had to sign off on that.
Speaker 2 (27:03):
That's for starters.
Speaker 1 (27:04):
There is a signature of your mother that has been
notarized transfer you the property.
Speaker 2 (27:11):
Okay, that's for starters.
Speaker 1 (27:13):
So if the property was transferred and your mom had dementia,
then the notorization is not valid.
Speaker 2 (27:22):
It could even be fraud.
Speaker 1 (27:23):
I have no idea, however, definitely, Okay, you could set
it aside. You just make emotions, set the whole thing aside.
Just want to unravel it. The fact that your mom
had dementia, the fact that your sister took it. It's
easily easily set aside. You're just gonna have to get
a lawyer and set it aside, you know, and make
(27:44):
a motion in front of the court to set everything aside.
And then the property goes back into your mom's estate.
And if your and does your mother have a will?
Speaker 10 (27:53):
No, she said, mother said she did, But mother, I
don't think I ever got around to do it.
Speaker 1 (27:57):
Okay, Then that gets really easy. Then what ends up
happening is the property is then split. Was it was
your mom married at the time when she died?
Speaker 10 (28:06):
No, she was single?
Speaker 7 (28:07):
Okay?
Speaker 2 (28:08):
Single?
Speaker 1 (28:08):
How many kids? How many kids? How many kids? You
and I know a sister, the one who did this
and who else?
Speaker 3 (28:13):
Three?
Speaker 8 (28:14):
Three?
Speaker 1 (28:15):
Okay, the three of you split the property in thirds.
Now the amount of money that you are asking for
your attorney's fees. You go against the sister who did
all of this. Any damages, you go against the sister,
which you will get. Your sister's a sleezball. It's not
that complicated, Diane.
Speaker 2 (28:34):
Yeah, she tried to rip you guys off. Yeah, you know,
she ripped you guys out. You don't take a baseball
back to her knees.
Speaker 4 (28:39):
You know.
Speaker 2 (28:39):
That's the second there. How's that for a second opinion?
Speaker 10 (28:43):
Yeah, for sure, I agree.
Speaker 1 (28:44):
Yeah, So what you want to do is, yeah, you
have to get to set aside. How much is the
property worth. By the way, it's.
Speaker 10 (28:49):
Worth about four fifty Okay, that's worth it.
Speaker 2 (28:52):
So you get a lawyer. You get a lawyer. It's
not complicated.
Speaker 1 (28:55):
The lawyer will file a lawsuit against the sister. Clearly
your mom had dementia, an ortorization, whatever, you're going to
win on that one. You go for attorney's fees, which
you'll get from the sister. From the sister, and someone
is going to open probate and it's not going to
be your sister, and it's going to be someone else,
(29:17):
probably you or the other sister, and be able to
remove the attorney's fees.
Speaker 2 (29:21):
You're covered. Get a lawyer, all right, Just get a lawyer.
You're fine.
Speaker 1 (29:24):
You are absolutely fine on that one. Hello Jack, Yo, Jack, Yes, yes, sir.
What can I do for you?
Speaker 8 (29:33):
Hey, I've got a question I had About six years ago.
We hired a contractor, a building contractor, to do a roof,
and it turned out to be we didn't do the roof.
We did a lot of other projects in the meantime,
and then everything's going along fine, and I'm just basically
just paying him as he goes and I'm leaving the
(29:54):
It put down a six thousand dollars deposit, so we
just left that with him. And then all of a sudden,
we're coming up to years ago to get the roof going,
and we found out he passed away. And he passed
away not not very long before we found out about it,
but you know, he was gone. And then so I
(30:15):
contacted his son who was in the business about this,
and then after a few phone calls, his phone was disconnected.
The business was closed, the building's empty, and that's where
we are. I know he had insurance. I haven't followed
up on it now, but what what's the best route?
Speaker 2 (30:32):
Yeah? Boy, you've got you know you are. There's so many,
so many questions and issues I have here. All right?
Speaker 1 (30:37):
So six years ago you gave him six dollars deposit
for a specific job.
Speaker 2 (30:43):
Correct, that's right?
Speaker 7 (30:45):
Okay?
Speaker 2 (30:46):
Was that written up? Is there a contract that was
written up?
Speaker 8 (30:49):
Yes?
Speaker 2 (30:50):
Okay?
Speaker 1 (30:50):
So now you here are six thousand dollars for that job.
That job was never was never completed or never even started?
Is that correct?
Speaker 6 (30:59):
Storr?
Speaker 3 (30:59):
I did?
Speaker 8 (30:59):
But nothing okay?
Speaker 2 (31:02):
All right?
Speaker 6 (31:03):
When was I?
Speaker 2 (31:03):
Okay?
Speaker 1 (31:04):
And was a payment made on that project at all
other than the six thousand dollars?
Speaker 8 (31:10):
No?
Speaker 2 (31:11):
Okay, So here you go.
Speaker 1 (31:14):
You've absolutely got him for the six thousand dollars, except
oh I forgot. There's a statute of limitations of four
years on that jack okay. Yeah, So you know what
happens when you blow the statute.
Speaker 8 (31:31):
Zero?
Speaker 2 (31:32):
Well, yeah, I want you to look.
Speaker 1 (31:34):
You know what I want you to do is go
to a dictionary, you know, just go on on your
a browser and look up SOL and see what that
stands for. Okay, Yeah, Statute of limitations yeah, yeah, four
years on a written contract in the state of California,
and a contractor situation is for is a written contract
(31:57):
which is by law, by the way, the contractor in
roofing contractor has to be licensed.
Speaker 2 (32:02):
That's also the law.
Speaker 1 (32:05):
And now you have a situation where if there is
a breach which clearly the roofing contractor did commit to
or did did did occur, then you sue, but you
gotta do it within the four years or you're done.
And people call me that all the time, you know,
the calls I really enjoy are Hey, I paid X
(32:26):
number of dollars to have this job done, or I
paid the or I loan money to this person on
a verbal contract that's two years, by the way, and
I loan money to this person.
Speaker 2 (32:37):
Do I have it? Yeah, they owe you money? Or
look at the document.
Speaker 1 (32:40):
Yeah, it says a money is owed.
Speaker 2 (32:44):
If you breach, then all the money is owed immediately.
Speaker 1 (32:48):
On and on and on. I go, Wow, that's I
think you have him. When did this happen twenty two
years ago? Okay, why not? It's just absolutely wonderful.
Speaker 7 (33:01):
All right.
Speaker 1 (33:02):
I want to talk about Zelman's minty Mouth. Now, Zelman's
is notice I don't say minty mouth mint, even though
there is a big men mint aspect to it. It's
these little capsules that you either bite into or swallow,
and they're partially seed oil and they're covered with nice, strong,
it's minty covering that you suck on. And when the
(33:23):
mint part is gone and your mouth feels fresh and
wonderful and exploded with mint, then you swallow it, bite
into the capsules, and this is where they really get
to work inside your stomach. You know, people don't realize
and think about this makes a lot of sense. You
swallow the foods, you start to digest the foods, and
guess what happens. Bad breath happens as a result there too,
(33:45):
And where does it go Well, most of it goes up.
We're not gonna talk about the part that goes down,
and so bad breath comes up. And there's where Zelmons
really gets to work because it takes care of that
issue too. That's Zelman's. Zelmans dot Com is where you
get to the Zelmans. I'm not gonna get it at
(34:06):
Walmart or Costco or Trader Joe's or any of those stores.
You're only going to get it at Zelmans Zelmans dot
com z l z e l M I n S.
That's Zelmans dot com. This is Handle on the Law.
Speaker 6 (34:22):
You're listening to Bill Handle on demand from k f
I a M six forty
You're listenings k Fly Am six forty the Bill Handles
show on demand on the iHeartRadio F Well, good morning,
everybody will handle here Saturday morning? What is Saturday tonight?
World seven of the World Series. I never watched baseball
actually last night, so that was kind of fun. Phone
numbers here real quickly. Eight hundred and five to zero
(00:23):
one five three four. That's number to call, and you
can get on and scream at me on ask me
a marginal legal question, which, of course I will give
you some marginal legal advice. And since it is the
top of the hour, as always, best time to call,
first hour, top of the hour, lines always clear because
(00:43):
we're switching over from show to show. Dean Sharp leaves
I come on, so all those calls are going because
I'm just tired of answering questions about toilets being plugged
or clogged.
Speaker 2 (00:56):
Just not going to do it.
Speaker 1 (00:57):
So the number four legal questions eight hundred five to
two zero one five three four, And as I said,
the lines are open, you'll get right through. We're got
a quick reminder that next Saturday at two o'clock, as
you know, in Neil Savader broadcasts his show The Fork
report all things food. He is broadcasting a remote of
(01:19):
which I am joining him because it's Thanks grilling, and
Thanks grilling is always great fun. This is going to
be at the Wild Fork Food Store in Laguna Miguel,
and we're gonna be out there in the parking lot.
There'll be grills a plenty, barbecue grills, and there'll be
samples for everybody to eat. And I'm not talking about
costco size samples. I mean samples. And Zelman's will be
(01:43):
there and I'll be there and Neil and hopefully you
join us. So calendar that one and that's next Saturday
two to five at the Wild Fork Store in Laguna
and Neguel and come hungry by the way, all right,
phone numbers here eight hundred five to two zero one
five three four, eight hundred five two zero one five
(02:06):
three four And as I said, lines are open and
you can just jump right in. Okay, anything else I
want to talk about and dot with the world, sir.
I had to cover that. Lugod and Miguel, I cover
that phone number. I covered that. Yeah, I think we're
ready to roll. This is handle on the law, marginal
(02:29):
legal advice, where I tell you have absolutely no case.
Speaker 2 (02:33):
Now I do that with pleasure.
Speaker 1 (02:35):
Have you noticed when I go, oh, you got nothing there,
you got nothing, it's always a joy or yeah you do,
there's something there. Unfortunately, So that's how I live my
life here.
Speaker 2 (02:46):
Okay, moving on.
Speaker 1 (02:50):
This is a story about Southern California ice raids. And
one of the things about ice raids is they're very
hot and heavy here in southern California. It's almost as
if Southern California is the poster child of what's going
on with the ice rates for a couple of reasons.
First of all, the huge number of Hispanic illegal undocumented people.
(03:12):
I mean just because of the very nature of our
population here. This is one of the hot spot areas
of the illegal immigration.
Speaker 2 (03:21):
Matter of fact's probably number one.
Speaker 1 (03:23):
So you have that, so it's easy pickings for the
Trump administration and wants to pick up as many as possible.
The other thing which makes it so delightful for the
Trump administration is not only is their low hanging fruit.
They can go to any home depot, they can go
to any construction site, factory site, and they are going
to in fact find illegal undocumented people. It's also because
(03:47):
of the politics California is a very blue state. It's
the bluest of all states. LA is a very very
blue city. As a matter of fact, most of California,
Orange County not as much, but there's still plenty San
Diego County all through this area. And so you have
a huge number of people being picked up. And so
(04:11):
what we see is the demonstrations that are occurring. And
this is where I have some real issues with the demonstrators,
all right for the moment, and I'm going to just
take their position for argument's sake here is that they
are stopping or trying to stop the indiscriminate ice arrests.
(04:33):
And by the way, when Christinome, head of Homeland Security,
says we're only we're only going after the worst of
the worst, as they're picking up people, I know of
a kid who has picked up my photographer at my
daughter's wedding and my big bash post my wedding was there.
Speaker 2 (04:53):
Nicest kid, twenty seven years.
Speaker 1 (04:55):
Old, had a photography business, has been here since the
age of thirteen, was picked up and deported. And you
see so many stories of these people being deported. It's
not the worst of the worst, are some, certainly, but
it's indiscriminate. So these protests are going on all over.
Ice comes in and all of a sudden, the arrest
is happening, and they call in a bunch of the
(05:16):
agents and then you have the protesters and the fight ensues.
So what's happening is you have a lot of protesters
being arrested for interfering in immigration enforcement. You can see that,
and they're shooting themselves in the foot. Why because those
are the videos that are run. This is what the
administration shows. Look at this, the city is out of control.
(05:39):
This is open rebellion against the government of the United States.
Because that's the premise of bringing in huge numbers of troops,
not just ICE, but also we're talking about National Guard,
We're talking about the military because it's all quote out
of control, and in reality, that's not true. It's not
out of control. I mean, are there demonstrations that are
(06:00):
turning violent? Of course there are, are they huge in numbers, No,
they're not. Matter of fact, Portland, Oregon, where the mayor
where this happened, the Trump administration brought out federal troops
and argue that Portland is an open rebellion and the
city is collapsing and the mayor.
Speaker 2 (06:17):
Said, no, it's not. We got three blocks, that's what
we have here. Why are you sending in troops.
Speaker 1 (06:23):
So whenever you see these demonstrators throw rocks, throw bottles,
interfere with an arrest, which you cannot do. You just
can't an ICE official, if you see a member of
an ICE patrol picking someone up, you cannot get in
the middle of it and interfere. You're gonna get tagged
(06:45):
and it's gonna be videoed, and it's going to prove
that you are part of this horrific rebellion.
Speaker 2 (06:51):
So you just can't do it.
Speaker 1 (06:53):
July tenth, search warrant at a cannabis farm clean the
place out, and there was a clash with demonstrators and
what happened is some people threw rocks at the agents
and they were picked up and arrested and should be
in custody and are and the authorities are. What they're
concentrating on is not only the arrest of immigrants, which
(07:16):
is legal. By the way, immigrants can undocumented immigrants can
be arrested. That's within the law, and they can be deported. Now,
you can protest it, but don't throw rocks. For God's sake,
you don't throw bottles at the police officers, just engage
in more protests. A couple of Saturdays ago, I actually
went to the No King's rally on Saturday and was
(07:43):
only that was the only protest I've ever been to
in my life, the only one. And my thing was
freedom of the press, because I'm part of the press,
and so I'm holding up my sign freedom of the press,
and alway knows what the hell I'm holding up because
everybody else was no Kings, no Kings, no King's business.
But that is my piccadillo. Okay, we'll go ahead and
(08:04):
take a break. Coming back. We do have calls to answer,
or I have calls answer. It's always a we. It's
the Royal We. We are not amused. Now I will
answer the questions. This is handle on the law and
this is KFI am a six forty bill handle here
on a Saturday, on a World Series Game seven Saturday.
(08:26):
And the phone number is eight hundred five two zero
one five three four eight hundred five two zero one
five three four, and that's the.
Speaker 2 (08:37):
Number to call.
Speaker 1 (08:38):
And we do have some lines open, although calls are
coming in eight hundred five to zero one five three four.
Welcome back, handle on the law, marginal legal advice.
Speaker 2 (08:49):
Okay, Terry, welcome to the show. What can I do
for you?
Speaker 3 (08:53):
Yes, good morning, beale, Yes, ma'am. I have a question.
I have a question that's been buggamy because I've seen
an attorney, and here's the question. Is it absolutely necessary
to provide a copy of my trust to the entire
copy to all the charities that I have listed in
(09:15):
the trust, of which I have approximately fifty.
Speaker 1 (09:21):
Nope, you don't have to provide a copy to any
of them.
Speaker 2 (09:27):
Excuse me.
Speaker 1 (09:29):
The only copy you have to provide for is a
copy to the trustee, because the trustee is going to
administer the trust and it's going to distribute to in
this the beneficiaries in this case are the charities, so
they probably don't even know that they're going to be
receiving money. And it happens all of the time, where
you produce one copy, it goes to the trustee to say, hey,
(09:51):
you worry about it, and.
Speaker 2 (09:53):
You know why you don't have to worry about it anymore, Terry.
Speaker 3 (09:56):
Yes, because you're dead.
Speaker 1 (09:58):
That's why you don't have to worry about it anymore. So,
of course, yes, but fifty fifty charities. That's a lot
of charities. How much money are you giving to charity? Terry?
Speaker 3 (10:10):
It's just one million divided between all of them.
Speaker 1 (10:14):
Well, it's still twenty thousand dollars. Still twenty thousand dollars
per charity. I mean that's uh, do I have that right?
Speaker 2 (10:20):
Fifty?
Speaker 4 (10:20):
Yeah?
Speaker 1 (10:20):
I think that's right. Yeah, that's still that's real money.
That's real. Let me go ask you what what charities?
What's the weirdest one you're you're leaving money to?
Speaker 3 (10:29):
Well, somebody thinks some people may think it's weird. I
love the little donkeys.
Speaker 2 (10:34):
Donkeys, donkeys, donkeys.
Speaker 3 (10:38):
Say dunky, yeah yeah.
Speaker 2 (10:43):
Donkeys and lions and bears.
Speaker 3 (10:48):
No bears, no time casts.
Speaker 2 (10:51):
Okay, the lions catch dogs all right. Well you know
what I mean.
Speaker 1 (10:55):
Good for you. It's you know, fifty charities, including donkeys.
I like that pretty cool, right, Jeff, let's go to you. Hello, Jeff,
welcome the handle on the law.
Speaker 5 (11:05):
Yes, sir, I was riding a mobile home and two
years ago the landlady sold it. She did not transfer
the deposit to the new owner, she didn't spend it
on repairs, and she didn't return it. I want to
see it for that it's twenty four in bucks with
the small claims, and I think she's not gonna pay
it when I win. Can I file a lean on
(11:27):
the property?
Speaker 2 (11:28):
No?
Speaker 1 (11:29):
No, you really can't. Now, all you can do is
file a lawsuit against her.
Speaker 2 (11:34):
You'll win. I also have to.
Speaker 1 (11:36):
I would also file lawsuit against the current owner of
the property.
Speaker 2 (11:41):
File against both of them.
Speaker 1 (11:43):
You'll get a judgment and which the judge is going
to give it to one one person or the other,
probably to the original owner of the property who then
sold it. And you're gonna have a judgment, and then
you go to collect the judgment.
Speaker 2 (11:55):
You're not gonna be able to put a lien on it.
That doesn't work that way.
Speaker 5 (11:59):
Okay, let's no mechanism for collecting, is there No.
Speaker 1 (12:04):
But there's not even a mechanism for collecting in regular court. Now,
what you will be able to do, and now we
talk about the lean, because there is a de facto
lian and that is you file with the county recorder
the judgment, and now that becomes as a part of
(12:28):
that is a lien and that has to be paid off.
And the other thing is, I don't know if this
person ever cares about credit or not, but the credit
will be totally destroyed once a judgment is filed.
Speaker 2 (12:41):
A judgment lean is filed, so.
Speaker 1 (12:43):
You don't file an actual lean against the property, but
you file the lien with the county recorder and that
does it for you and hopefully you get your money back,
and then at that point that has to be paid
off when the property is sold. And of course any credit,
as I said, is just shot to hell. Okay, Drain,
Do I have that right, Drain?
Speaker 4 (13:05):
Yes, of course it is right, Bill, and thank you
for taking sure.
Speaker 2 (13:10):
I like that name.
Speaker 1 (13:10):
I have never heard of that before. Drain Is that
uh yeah, no, I assume that with the accent? But
is that your parent? It was raining outside and drain
and then you were born like an Indian trive.
Speaker 6 (13:23):
Never mind, Okay, my name is Drain. He's just pronounced rain.
Speaker 4 (13:28):
My girlfriend in Montana called me Dreno, and I didn't
like it.
Speaker 1 (13:31):
And that's funny, Durin. That is funny. I will tell
you right now. I am now in love with your
girlfriend for doing that. Okay, all right, what can I
do for you?
Speaker 4 (13:42):
Yes, I have my car was on theer with the
mechanic for almost a year auto body mechanic, which he
didn't repair, and then one of his employees put the
car on the roads for about four months and he
didn't tell me and I had to take a police
help to get my car, and I found the car
was vandalized.
Speaker 6 (14:02):
And I want to announce sue. I don't know who
to sue.
Speaker 4 (14:06):
My auto insurance company with Chess comprehensive insurance.
Speaker 1 (14:10):
Yeah, you're not going to sue your auto insurance company. No,
you're not going to sue your auto insurance company unless
they refused to file the claim. But well, what did
you do for the year? Did you ever report the
car stolen? Did you ever? What did you drive for
a year? If it was if it was with the mechanic.
Speaker 6 (14:27):
For you, it was no.
Speaker 4 (14:31):
The mechanic was just telling me that I am going
to give you today. I'm going to give you to
modo and for a year, for a year, for almost
a year.
Speaker 2 (14:38):
All right, So what did you drive?
Speaker 7 (14:42):
No?
Speaker 6 (14:43):
I didn't drive. I went my public transport bus.
Speaker 1 (14:45):
Okay, okay, So here's what you do. I don't know
if you turned how did you get your car return?
Let me add that, when did you find out your
car was there.
Speaker 6 (14:57):
And not just gone tired of asking the body shop?
The car is okay?
Speaker 2 (15:01):
So how did you find it?
Speaker 6 (15:02):
The help of the police.
Speaker 2 (15:03):
Ah, okay, all right? Did you report a stolen car?
Speaker 4 (15:08):
No, they didn't take it the car as stolen because
they said that I had given to the autobody shop
for repair.
Speaker 2 (15:15):
So okay.
Speaker 1 (15:16):
They argue that it was a bailment that they had
custody of it. Did you try to collect on your
insurance company at all?
Speaker 6 (15:24):
Yes?
Speaker 4 (15:24):
I did, but I did it for the damage before
I gave it to the autobody All right.
Speaker 2 (15:29):
Is your car back?
Speaker 1 (15:30):
And let me ask you, this is your car back
the way it was prior to the auto mechanic take
taking it?
Speaker 2 (15:37):
Is it? Is it in good shape?
Speaker 6 (15:38):
Yes?
Speaker 2 (15:38):
Is your car in good shape? Right now?
Speaker 6 (15:40):
It was because it was on the road.
Speaker 2 (15:42):
Okay. Then now was that repaired?
Speaker 6 (15:46):
I got it repaired and okay, got it?
Speaker 1 (15:48):
So you got your car back. So your damages is
you didn't have a car for a year.
Speaker 4 (15:53):
Yes, and also the cost of repairing the vandalizer.
Speaker 2 (15:57):
Wait a second, the insurance company didn't pay for that either.
Speaker 8 (16:01):
No.
Speaker 2 (16:02):
Did you have comprehensive or just liability?
Speaker 6 (16:06):
I think I had comprehensive.
Speaker 1 (16:07):
Also, when you go out, then you submit the cost
of your insurance company.
Speaker 2 (16:11):
They are responsible for the cost of repair.
Speaker 1 (16:14):
The fact that you decided to take public a public transportation, that's.
Speaker 2 (16:18):
Sort of on you.
Speaker 1 (16:19):
If you had to buy a car, I mean you
possibly consue for the cost of the public transportation. Yeah,
i'd see the insure your insurance company. I go after
them for everything in small claims court. That's a weird
one a year and you just sort of sit back
and the guy tells you, yeah, we'll have it today.
You'll have it today. Really really weird. Hey, let me
tell you about pain. Living in chronic pain. Now, this
(16:43):
is pain that goes on twenty four to seven. It's
always there and it can be so debilitating. Well, people
have killed themselves over the pain. And I want to
tell you about a podcast called The Pain Game podcast
that my wife has because she has chronic pain.
Speaker 2 (16:59):
She suffered this twenty four to seven.
Speaker 1 (17:01):
So she started this podcast to help people and she
helps herself in the meantime doing it. People who live
with have dealt with treating those in chronic pain, have
family members who have chronic pain with a lot of
them have lost people because well, it's really tough stuff.
And the host, Lindsey, as I said, deals with this
(17:21):
twenty four to seven. Every episode ends with a message
of hope. And you'll understand and this one I didn't
get for a long time. You'll understand that what her
show is about is giving pain purpose. You can make
purpose out of this pain, as contraintuitive as that accounter
intuitive as that sounds. It's the Pain Game Podcast, the
(17:42):
Pain Game Podcast. Wherever you listen to podcasts, you can
follow on social at the Pain Game Podcast, or listen
to the Pain Game Podcast.
Speaker 2 (17:54):
On the law. You're listening to Bill Handle on demand
from KFA A six forty Yeah Pie Handle Here.
Speaker 1 (18:04):
Let's say Saturday morning, it's World Series Day tonight first
and tonight Game seven of the World Series. Very exciting stuff.
And then next week I'll be telling you about a
lot about this. I only today, but during the week
it's Thanksgiving or Thanksgrilling with Neil Sevedra and with me
at the Wild Fork Store in Lagoda and Neguel and
(18:26):
from two to five is regular broadcast and we're going
to be eating and having fun, and chefs will be
there and settlements will be there. At Giving on samples
gonna be great fun. Phone number here is eight hundred
five to two zero one five three four eight hundred
five two zero one five three four. Welcome back. Handle
on the law Marginal Legal Advice.
Speaker 9 (18:48):
Hi Mary, Yes, Hello Bill. I have a question for you.
My mother purchased a long term insurance and later on
a short term insurance. Once they started paying out. On
the long term, she didn't pay any premiums and with
the short term she's drawing money and at the same
time they're making her pay the premium, so she's actually
(19:11):
getting less premium than she's supposed to. And I just
wonder if that's okay or not.
Speaker 1 (19:17):
Wow, I have not even understanding. I thought you were
going to ask what's I'm still at. What's the difference
between short term and long term where short term being
a shorter term than the longer term, which is a
longer term.
Speaker 2 (19:30):
I'm very good at this stuff.
Speaker 1 (19:32):
Are you talking about term insurance versus universal life or
whole life insurance. They're two entirely different policies. One is
just on just your life, that's it, no savings nothing.
Universal long term is you're putting money in every month,
but you're also investing that money. Part of it goes
to an investment that then pays you back, so you
(19:56):
get lower amount when you die, but you get money
at the end of the term. You can always cash
it in. So I don't quite know what you're talking about.
So she is getting she is?
Speaker 7 (20:05):
What is she?
Speaker 2 (20:06):
Who is she paying to? Long term or short term?
Speaker 9 (20:10):
She paid long term, but she already used that up.
It was for two years and they paid exactly what
they said.
Speaker 1 (20:17):
Okay, let's so she used it. She so long term
was two years? Is what you said? She paid long
term for two years? How much does she paid for
two years? How much does she pay for the other one?
The short term?
Speaker 9 (20:30):
About three hundred dollars a month?
Speaker 2 (20:32):
And okay's that she's not getting any money, correct, She's.
Speaker 9 (20:38):
Got money for maybe a year, and now the insurance
is running just she's paying further into it and they
don't want to accept her because she had a stroke
and they say that's not not qualifying for short term.
Speaker 2 (20:54):
I think it's no long term illness.
Speaker 1 (20:58):
Yeah, I don't know. None of that made any sense
to me. If there's insurance people out there, just let
me know if that made sense.
Speaker 2 (21:04):
No idea you know.
Speaker 1 (21:06):
My knowledge of it is a short term is shorter
than long term. And I think she meant universal life,
whole life versus just a straight term policy.
Speaker 2 (21:14):
But none of that made any sense.
Speaker 1 (21:16):
Oh, Ed, Hello, I'd welcome to handle on the law.
Speaker 7 (21:21):
I do.
Speaker 5 (21:22):
I want to tell.
Speaker 7 (21:25):
A piece of paper for if I got a divorce
next year and I don't want to pist your fifty
in my life. I'm in the state of California, and
we already have a trust and we have a will done. No,
what can I file if I don't want to deal
with a fifty to fifty both of us.
Speaker 2 (21:42):
Well, it's not really your colle ed.
Speaker 1 (21:44):
You don't have much of a choice on the fifty
to fifty business.
Speaker 2 (21:48):
The rule is really simple.
Speaker 1 (21:50):
Anything earned during the course of the marriage as a
result of your income, that's fifty to fifty ED. As
long as you've been married, it's you split it right
down the middle. Now, there's some rules exceptions. If you
had property that you had previous to your marriage, and
those generate income, that's your property.
Speaker 2 (22:10):
She doesn't get any of that. But let me ask
you how long you've been married?
Speaker 7 (22:13):
ED two?
Speaker 1 (22:16):
Okay, And you don't want her to get half your assets, right, we.
Speaker 7 (22:21):
Have some investments, saying in Europe, she has her own
assets and I have my own assetsors.
Speaker 2 (22:26):
Okay, well, hold on a second.
Speaker 1 (22:27):
When you say your own wait, wait when you say
your own assets. So there's some in Europe in your name,
there's some in Europe in her name? Right, Yeah, that's
still that's still it's still fifty to fifty. By the way,
you own half of her she owns half of yours.
Because that was you you got that those you picked
(22:49):
up those investments. You received those investments during the course
of your marriage. And I'm assuming it's from the income
that you received or the income that she received or both.
Is that correct?
Speaker 7 (23:01):
From our families, you know, the my friend's valuable.
Speaker 1 (23:04):
Oh, hold on a minute, whoa did you know you're
now we're going into an exception land. Okay, Now you
may be a happier camper than I thought you were
going to be. The money you inherited from your parents,
did that go directly into property that is in your name?
Speaker 7 (23:22):
Oh, it's one directed to the saving account of the bank.
Speaker 1 (23:25):
The savings account of the two of you. No, just
me okay, And then you bought the property that's your money.
There's no fifty to fifty there, and there's nothing by
the way, there's no paperwork other than a divorce that
you're going to file.
Speaker 2 (23:40):
The rules are real simple.
Speaker 1 (23:42):
Money that is derived from your income as a community
I got, you know, get married. For example, I got
divorced from my wife of thirty years, who I still adore.
Speaker 2 (23:54):
By the way, we're very very good friends.
Speaker 1 (23:57):
All of our assets I earned bot during the time
that I was working. She gets fifty percent of everything
we have, as she deserves because it's a community property state. Now,
if I had a separate property, let's say I had
an apartment building before marriage, that's wine unless I decide
(24:20):
to throw in the marriage into the community. If I
inherited money and bought a piece of property with it,
that's mine.
Speaker 2 (24:27):
So the rules are real simple.
Speaker 1 (24:29):
You figure out what's yours, you figure out what's hers,
you figure out what's community property.
Speaker 2 (24:33):
And if you're getting you're getting a divorce. Is that
right ed?
Speaker 7 (24:38):
Yeah? Next year and we don't have a property of
a seat. We only have savty accounts. She hasn't.
Speaker 2 (24:43):
Okay, well it doesn't, It doesn't really matter. It doesn't.
Speaker 1 (24:46):
Now if the savings account are in both their names,
it's fifty to fifty if they're in separate names. I said,
it can be yours. You're in the middle of the divorce.
How much is your state? How much money got parked away?
Speaker 2 (24:55):
Ed?
Speaker 7 (24:58):
Well, I'm not here, but I don't care.
Speaker 2 (25:00):
How much money do you have parked? I don't care
where it is?
Speaker 6 (25:04):
And then a mine, no total?
Speaker 2 (25:06):
I mean, what's yours?
Speaker 1 (25:07):
We have We haven't even discussed what's yours or mine
because we haven't figured that out yet, because you're not
doing a wonderful job of saying what's yours? Not how
much money are we talking about?
Speaker 2 (25:15):
Total?
Speaker 7 (25:16):
I don't know about seven ender of fifty overseas?
Speaker 1 (25:19):
All right, you get to just talk to a divorce attorney.
I don't know if I help you out on that.
I have no idea, but it's for me. The formula
is real simple, you, No, it is real simple. Whatever
you earned during the course of the marriage, no matter
where that money goes, investment or not, is fifty to
fifty separate property belongs to you separately.
Speaker 2 (25:37):
Okay, that's the Conversation's over the rest of it. Oh yeah, yeah,
overseas not overseas? Okay, fine, Uh, this is handle on
the law.
Speaker 1 (25:47):
This is care fine handle here on a Saturday morning
World Series Game seven tonight, that's gonna be a lot
of final se if.
Speaker 2 (25:56):
The Dodgers pull it off.
Speaker 1 (25:58):
And if we don't see the Dodgers put all, it'll
be the Blue Jays.
Speaker 2 (26:01):
Guy, I'm so good, shou'd be a sports guy for sure.
All right.
Speaker 1 (26:04):
Phone numbers here for legal advice eight hundred five to
zero one five three four, eight hundred five two zero
one five three four. And yes, we do have lines open,
although lines are coming in, so nobody's waiting very long
at all. All right, welcome back, more Handle on the Law,
marginal legal advice.
Speaker 2 (26:25):
Hi Diane, you're up, Welcome to the show.
Speaker 10 (26:28):
Hi, good morning. Yeah, my sister has taken the title
to my mom's property after my mom died, and we
have other siblings, and that was not something we agreed to.
We know that she had my mom's power of attorneys.
My mom had dementia and was in a nursing home,
(26:50):
and my sister was paying the small bills that my
mom was generating, all right, and he sneakily transferred the
title upon.
Speaker 1 (26:59):
Okay, well, I mean mom had to sign off on that.
Speaker 2 (27:03):
That's for starters.
Speaker 1 (27:04):
There is a signature of your mother that has been
notarized transfer you the property.
Speaker 2 (27:11):
Okay, that's for starters.
Speaker 1 (27:13):
So if the property was transferred and your mom had dementia,
then the notorization is not valid.
Speaker 2 (27:22):
It could even be fraud.
Speaker 1 (27:23):
I have no idea, however, definitely, Okay, you could set
it aside. You just make emotions, set the whole thing aside.
Just want to unravel it. The fact that your mom
had dementia, the fact that your sister took it. It's
easily easily set aside. You're just gonna have to get
a lawyer and set it aside, you know, and make
(27:44):
a motion in front of the court to set everything aside.
And then the property goes back into your mom's estate.
And if your and does your mother have a will?
Speaker 10 (27:53):
No, she said, mother said she did, But mother, I
don't think I ever got around to do it.
Speaker 1 (27:57):
Okay, Then that gets really easy. Then what ends up
happening is the property is then split. Was it was
your mom married at the time when she died?
Speaker 10 (28:06):
No, she was single?
Speaker 7 (28:07):
Okay?
Speaker 2 (28:08):
Single?
Speaker 1 (28:08):
How many kids? How many kids? How many kids? You
and I know a sister, the one who did this
and who else?
Speaker 3 (28:13):
Three?
Speaker 8 (28:14):
Three?
Speaker 1 (28:15):
Okay, the three of you split the property in thirds.
Now the amount of money that you are asking for
your attorney's fees. You go against the sister who did
all of this. Any damages, you go against the sister,
which you will get. Your sister's a sleezball. It's not
that complicated, Diane.
Speaker 2 (28:34):
Yeah, she tried to rip you guys off. Yeah, you know,
she ripped you guys out. You don't take a baseball
back to her knees.
Speaker 4 (28:39):
You know.
Speaker 2 (28:39):
That's the second there. How's that for a second opinion?
Speaker 10 (28:43):
Yeah, for sure, I agree.
Speaker 1 (28:44):
Yeah, So what you want to do is, yeah, you
have to get to set aside. How much is the
property worth. By the way, it's.
Speaker 10 (28:49):
Worth about four fifty Okay, that's worth it.
Speaker 2 (28:52):
So you get a lawyer. You get a lawyer. It's
not complicated.
Speaker 1 (28:55):
The lawyer will file a lawsuit against the sister. Clearly
your mom had dementia, an ortorization, whatever, you're going to
win on that one. You go for attorney's fees, which
you'll get from the sister. From the sister, and someone
is going to open probate and it's not going to
be your sister, and it's going to be someone else,
(29:17):
probably you or the other sister, and be able to
remove the attorney's fees.
Speaker 2 (29:21):
You're covered. Get a lawyer, all right, Just get a lawyer.
You're fine.
Speaker 1 (29:24):
You are absolutely fine on that one. Hello Jack, Yo, Jack, Yes, yes, sir.
What can I do for you?
Speaker 8 (29:33):
Hey, I've got a question I had About six years ago.
We hired a contractor, a building contractor, to do a roof,
and it turned out to be we didn't do the roof.
We did a lot of other projects in the meantime,
and then everything's going along fine, and I'm just basically
just paying him as he goes and I'm leaving the
(29:54):
It put down a six thousand dollars deposit, so we
just left that with him. And then all of a sudden,
we're coming up to years ago to get the roof going,
and we found out he passed away. And he passed
away not not very long before we found out about it,
but you know, he was gone. And then so I
(30:15):
contacted his son who was in the business about this,
and then after a few phone calls, his phone was disconnected.
The business was closed, the building's empty, and that's where
we are. I know he had insurance. I haven't followed
up on it now, but what what's the best route?
Speaker 2 (30:32):
Yeah? Boy, you've got you know you are. There's so many,
so many questions and issues I have here. All right?
Speaker 1 (30:37):
So six years ago you gave him six dollars deposit
for a specific job.
Speaker 2 (30:43):
Correct, that's right?
Speaker 7 (30:45):
Okay?
Speaker 2 (30:46):
Was that written up? Is there a contract that was
written up?
Speaker 8 (30:49):
Yes?
Speaker 2 (30:50):
Okay?
Speaker 1 (30:50):
So now you here are six thousand dollars for that job.
That job was never was never completed or never even started?
Is that correct?
Speaker 6 (30:59):
Storr?
Speaker 3 (30:59):
I did?
Speaker 8 (30:59):
But nothing okay?
Speaker 2 (31:02):
All right?
Speaker 6 (31:03):
When was I?
Speaker 2 (31:03):
Okay?
Speaker 1 (31:04):
And was a payment made on that project at all
other than the six thousand dollars?
Speaker 8 (31:10):
No?
Speaker 2 (31:11):
Okay, So here you go.
Speaker 1 (31:14):
You've absolutely got him for the six thousand dollars, except
oh I forgot. There's a statute of limitations of four
years on that jack okay. Yeah, So you know what
happens when you blow the statute.
Speaker 8 (31:31):
Zero?
Speaker 2 (31:32):
Well, yeah, I want you to look.
Speaker 1 (31:34):
You know what I want you to do is go
to a dictionary, you know, just go on on your
a browser and look up SOL and see what that
stands for. Okay, Yeah, Statute of limitations yeah, yeah, four
years on a written contract in the state of California,
and a contractor situation is for is a written contract
(31:57):
which is by law, by the way, the contractor in
roofing contractor has to be licensed.
Speaker 2 (32:02):
That's also the law.
Speaker 1 (32:05):
And now you have a situation where if there is
a breach which clearly the roofing contractor did commit to
or did did did occur, then you sue, but you
gotta do it within the four years or you're done.
And people call me that all the time, you know,
the calls I really enjoy are Hey, I paid X
(32:26):
number of dollars to have this job done, or I
paid the or I loan money to this person on
a verbal contract that's two years, by the way, and
I loan money to this person.
Speaker 2 (32:37):
Do I have it? Yeah, they owe you money? Or
look at the document.
Speaker 1 (32:40):
Yeah, it says a money is owed.
Speaker 2 (32:44):
If you breach, then all the money is owed immediately.
Speaker 1 (32:48):
On and on and on. I go, Wow, that's I
think you have him. When did this happen twenty two
years ago? Okay, why not? It's just absolutely wonderful.
Speaker 7 (33:01):
All right.
Speaker 1 (33:02):
I want to talk about Zelman's minty Mouth. Now, Zelman's
is notice I don't say minty mouth mint, even though
there is a big men mint aspect to it. It's
these little capsules that you either bite into or swallow,
and they're partially seed oil and they're covered with nice, strong,
it's minty covering that you suck on. And when the
(33:23):
mint part is gone and your mouth feels fresh and
wonderful and exploded with mint, then you swallow it, bite
into the capsules, and this is where they really get
to work inside your stomach. You know, people don't realize
and think about this makes a lot of sense. You
swallow the foods, you start to digest the foods, and
guess what happens. Bad breath happens as a result there too,
(33:45):
And where does it go Well, most of it goes up.
We're not gonna talk about the part that goes down,
and so bad breath comes up. And there's where Zelmons
really gets to work because it takes care of that
issue too. That's Zelman's. Zelmans dot Com is where you
get to the Zelmans. I'm not gonna get it at
(34:06):
Walmart or Costco or Trader Joe's or any of those stores.
You're only going to get it at Zelmans Zelmans dot
com z l z e l M I n S.
That's Zelmans dot com. This is Handle on the Law.
Speaker 6 (34:22):
You're listening to Bill Handle on demand from k f
I a M six forty
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