Trump vs. Sen. Mark Kelly

Handel on the Law. Marginal Legal Advice.

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Episode Transcript

Speaker 1 (00:00):
You're listenings k F I AM six forty the Bill
Handles show on demand on the iHeartRadio five.

Speaker 2 (00:09):
DAM six forty.

Speaker 1 (00:10):
Bill Handler Here, it's a Saturday morning and yep, three
hours of this lovely show. We where I get to
make fun of you, maybe answer a marginal legal question
or to somewhere in there, but it's mainly to point
out that, well, you know, it's a pretty dumb question.

(00:31):
But I really like them because that's what I've been
doing for thirty five, fifty, maybe eighty years. And phone
number here, top of the hour always the best time
to call, and the first hour, top of the hour
is always the best time to call because we fill
up the board.

Speaker 2 (00:51):
I walk in, nobody's there.

Speaker 1 (00:53):
And then we start to work the number eight hundred
five two zero one five three four, eight hundred five
to zero one five three four and let me repreat
eight hundred five two zero and five three four and
the lines are open, because that's how this works. This

(01:15):
is Handle on the law, marginal legal advice where I
tell you have absolutely no case, oh man, what's going
on in the world of the administration. And during my
morning show on KFI, I try as hard as I
can not to do Trump topics all of the time,

(01:37):
and it is so difficult it drives me completely nuts.
And when I talk about just about Trump, I'm talking
about the entire administration. So if you remember, there were
five legislators who issued a video, who sent out a
video all veterans of the Armed services and looking into

(01:58):
the camera that is looking at us and saying, real,
simply you, if you are a service member, you do
not have to follow illegal orders as and they even
went further, you cannot follow illegal orders. Is it's against

(02:19):
the code of military justice. Well, if you look at
the language of military justice, it does say that all
lawful orders must be followed. And if a service person
refused to follow a lawful order, the word lawful is
all through that. Then if you don't follow it, it's

(02:39):
in subordination and that person can be court martialed. Well,
the only one that is still of those five, the
only person that is still under the jurisdiction of the
military is Senator Mark Kelly of Arizona. Now Senator Kelly.
The reason he is to a court martial and no

(03:02):
one else is is because he's in the reserves and
he can be called up to active military justice or
active military status, and what the Pentagon is now doing,
and they've issued the press release that they're going ahead
and telling the President and recommending that if or Pete

(03:24):
Hesath specifically that if they want to go after Mark Kelly,
then what they can do is bring him back, recall
him to active duty for the purposes of a court martial.
That's it. And of course the pr Hack who is

(03:45):
the press secretary of Levitt, who is the Press secretary
of the president, talked about a trader and talked about
I just went on and on and on, and what
those five ors, pickularly Mark Kelly was saying is, you know,
what what.

Speaker 2 (04:02):
We said was simply legal.

Speaker 1 (04:04):
It's in the Code of Military Justice right there, where
a person in the military must follow a lawful order.
Now the issue is what's lawful and what isn't. But
this is a general statement, it is not specific. And
what Caroline Kennedy Levitt said was that saying that effectively

(04:28):
means not to follow orders at all, and therefore court
martial is appropriate.

Speaker 2 (04:35):
Well that's not quite quite.

Speaker 1 (04:37):
It is so if there is a court martial, because
can the Pentagon, we call him, absolutely, can they court
martial him absolutely, will he win? Absolutely? And the defense
is all we're doing is quoting the Code of Military Justice. Now,
the code language, as I said, is a little specific

(04:59):
because the other way it doesn't say you are forced
to not follow. It says you are forced to follow
legal military orders.

Speaker 2 (05:08):
And therein lies the rub.

Speaker 1 (05:10):
But what are they gonna do convict him for quoting
that nothing specific, not telling people not to be insubordinate,
and what twenty years in jail they're going to give him?
And then the other issue, he's a sitting senator. What
do you do with that? It is just a god
awful mess. It doesn't stop, It doesn't stop. Okay, let's

(05:36):
go ahead and kill Oh, there's a killing of a
dog here. Some phone calls. I always go for those
because this is it's fascinating stuff.

Speaker 3 (05:46):
I know.

Speaker 1 (05:46):
I got my wife who's in the room, and she's, oh,
because she's kind of.

Speaker 2 (05:49):
A she'd much rather have me killed than the dogs killed.
I mean, there's no issue about that.

Speaker 1 (05:54):
Miguel, Hello, Miguel, welcome.

Speaker 4 (05:58):
Welcome to see Kennedy property. Teld and trust be sued
if the dog that's living at the property breaks out
and kills the dog across the street, or if the
dog hurts a person.

Speaker 1 (06:12):
Okay, let's start with how did the property hurt the
dog does did the property bite the dog?

Speaker 4 (06:20):
The dogs are they're just living?

Speaker 1 (06:23):
Oh about that? Okay, so it's not the property itself.
It's not the house that attacked the dog. It's the
dog that lived in the house. I just wanted to
clear that up. And uh, yeah, I know you meant that,
but my grammar.

Speaker 3 (06:35):
You're right.

Speaker 1 (06:36):
No, no, it's not grammar. It just gives me a
chance to parse the words. Of course, everybody knew what
you were talking about, but I just had to make
fun of you. The answer is, who is ever living
there is absolutely responsible for the injury that were damage
that any dog that they have causes, uh you know,

(06:56):
causes injury. Now, are there a couple of caveats here? Yeah? Uh?
Number one, did the person or the dog go on
to the property where the dog did the biting?

Speaker 2 (07:07):
Okay, that's that's what And was it fenced at all?

Speaker 1 (07:12):
Was it was it just an open yard?

Speaker 4 (07:16):
The dogs really they stay in the house, and they
got the let out in the backyard and the dog
escaped dug a hole under the fence. And ran across
the street.

Speaker 1 (07:24):
Okay, well, uh yeah, I still think that the dog
owner would be responsible on that one. Uh yeah, and
uh then yeah then then the homeowner. Well, first of all,
the person who owns the dog. Absolutely, the homeowner may
also be responsible. They have insurance, of course, homeowners and

(07:44):
insurance if not their nuts and uh, the insurance company
may say no to the insurance if the dog is
a Rottweiler or a pit bull or a German shepherd
because they are now exclusions where the insurance company say
a few of those kinds of dogs, I don't We're
not going to cover it.

Speaker 5 (08:01):
Uh.

Speaker 1 (08:01):
The other issue is the possibility of them covering it, uh,
if they knew that the dog was dangerous, if they
knew the dog had a propensity to do this, which
is very hard to prove. So the bottom line, it's
going to be the owner of the dog who's going
to get tagged.

Speaker 2 (08:17):
If it's a.

Speaker 1 (08:18):
Homeowner, you're home free. If it is a renter, you know,
renters don't have that much money. So how badly, how
badly was someone, how badly was someone banged up by
the way, how much injury did the.

Speaker 4 (08:32):
Dog cause they killed the neighbor's dog.

Speaker 1 (08:36):
Okay, so they ate a dog, but the bad dog.

Speaker 4 (08:38):
Is going to hurt a person.

Speaker 1 (08:39):
Oh but that doesn't matter. But he hasn't. Yeah, but Miguel,
the the dog has not hurt a person. You don't
worry about until it actually hurts the person.

Speaker 6 (08:47):
You know.

Speaker 1 (08:47):
That wonderful legal phrase is if my grandmother had ball,
she'd be my grandfather. The point is she doesn't and
she isn't. All right, so we don't worry about that.
What do you you know? What do you say? You
could have hit me, You went too close to me,
You could have taken my legs out? Did I know?

Speaker 2 (09:07):
So you don't worry. It's nothing about to worry.

Speaker 4 (09:09):
Valuing the dog have been previous citations and they've taken
other dogs.

Speaker 1 (09:14):
Okay, then whoever then, whoever owns the dog, then whoever
owns the dog is responsible. Now let me finish this
up because this is actually a pretty complicated question.

Speaker 2 (09:24):
How much was the dead dog worth? Money? Money wise?

Speaker 1 (09:30):
How much money it's Was it a mutt that they
went to a vet or rescue they paid fifty bucks for,
or is it a show dog that is worth eight
thousand dollars? Because all you get is money. The connection
that someone has to their dog. And by the way,
people who have dogs, those dogs are family members. I mean,

(09:52):
there is no issue. They are family members and they
are that close. And unfortunately the law doesn't rick coognize
your emotional connection. It's just the value of the dog.
So you know, as always, the answer I bring to
the table is two words, poison meat and make sure

(10:14):
your kids don't need it. Okay, all right, I've been
doing this show saying I give advice where people are
telling where Bill is telling people to kill their spouses
or kill the dogs. Give me a break. Really, if
you're gonna if you're gonna listen to that, you are

(10:34):
more nuts than anybody I've ever imagined. All Right, this
is handle on the law. Pay a fine handle here
on a Saturday morning, and we've got well right up
until eleven o clock for legal questions, and then I'm
gonna take questions afterwards too, but going to talk about
that way later into the show. If you would like

(10:57):
a marginal legal answer for your margin legal question, the
number is eight hundred five two zero one five three four.
Eight hundred five two zero one five three four, And
welcome back. This is handle on the law marginal legal advice.

Speaker 2 (11:18):
Wesley. Hello Wesley, Hello, yes sir, what can I do
for you?

Speaker 7 (11:24):
Yes, sir, okay, real quick, Uh, never married, have a child,
and I put, I had a great company, and I
have a certain amount of retirement that I get a
certain dollar amount, so.

Speaker 5 (11:38):
We do child support.

Speaker 8 (11:40):
And apparently I got hurt at work and I get
now disability retirement. So my income technically income has gone
up if a child awarded part of that money.

Speaker 1 (11:54):
M hmm. Yeah, it's still income coming in. I mean
child support is is absolutely superior everything, and your income
has gone up on disability.

Speaker 3 (12:07):
That's correct.

Speaker 1 (12:08):
Okay, okay, yeah, I think I think that the uh uh,
you still have to pay child support and if it
has gone up substantially, uh, the mother of the child
can go actually go in and ask to reevaluate the
to the the support. How old is your how old

(12:30):
is your kid?

Speaker 3 (12:31):
Yeah?

Speaker 8 (12:33):
Yeah, that's what we are, that's what we are going
to do. We're pretty good about it. I just want
to know if I'm gonna Yeah.

Speaker 2 (12:39):
I think you are. Yeah, I think you are.

Speaker 1 (12:42):
Because child support is, for example, the most important thing
when it comes to the courts, and it comes to divorces,
the number one priority is taking care of the kids. Uh,
and so everything else drops to that.

Speaker 2 (13:00):
Nick.

Speaker 1 (13:00):
Hello, Nick, welcome, Hey, what's up?

Speaker 2 (13:04):
Yes, sir?

Speaker 9 (13:05):
Anyways, my wife and I got a shower put in
because she's disabled. We had a tub. The tub when
they come to replace the shower door, it ended up
she fell against it and they came to replace it. Well,

(13:26):
they replaced it and put a divot in the bottom,
a soft spot. So they came back out, replaced the
tub and everything, and then went out of business. Before
they brought the shower doors back, they had a lifetime
warranty and they went out of business and they filed
bankruptcy on the first of November.

Speaker 2 (13:50):
So am I screwed?

Speaker 1 (13:51):
Or? Okay? Ok all right, let me throw a couple
questions at you. Question number one, do you have that door?

Speaker 2 (14:00):
And is at work?

Speaker 9 (14:03):
She they hauled it off.

Speaker 2 (14:06):
Oh so you don't even have the door?

Speaker 1 (14:07):
Okay.

Speaker 2 (14:08):
How much is the door going to cost you? Okay?
What's it going to cost you to replace the door?
Do you have any.

Speaker 9 (14:12):
Idea under one thousand?

Speaker 2 (14:16):
Okay?

Speaker 1 (14:16):
So this is basically going to cost you under one
thousand dollars. If you've got a company that's carrying the warranty,
and the company is no longer in existence. How are
you gonna go after them?

Speaker 2 (14:27):
There's no company.

Speaker 1 (14:28):
They're done.

Speaker 2 (14:29):
That's that's telling her, what are you going to? Oh,
that's even better. No, it doesn't matter the company the
company is.

Speaker 1 (14:38):
The company is broke now unless through the bankruptcy someone
bought the company in the bankruptcy court said that there's
still liability. Uh, there's Do you have.

Speaker 2 (14:48):
Nowhere to go because there's no company now.

Speaker 1 (14:50):
The warranty usually is a third party insurance company. Usually
it's a third party, but it doesn't necessarily have to be.
Lifetime warranties are pretty much the the company itself. Bottom
line is, Nick.

Speaker 2 (15:07):
You don't have any place to go. This is gonna
cost you a thousand bucks.

Speaker 1 (15:11):
And there's nothing you can do.

Speaker 2 (15:14):
Of course not.

Speaker 1 (15:14):
And I tell you I've been tagged.

Speaker 2 (15:16):
I've been tagged too.

Speaker 1 (15:17):
This is where you genuinely have gotten screwed. You have
done nothing wrong and the company goes bankrupt. I had
that with my solar system. Uh, the I needed something done.
It wasn't working. The company went bankrupt, so I had
to pick hi to suck it up. And there's nothing
you can do. There's nothing you can do. Let's say

(15:39):
you buy a product, you buy a bathtub, you buy
a dishwasher.

Speaker 2 (15:42):
Do you look at the company?

Speaker 1 (15:44):
Who who does the research to figure out what the
the the what the how solid the company is? Nobody does?
Nobody does, nor do you expect to do. So the
bottom line is you have no case. And I wouldn't
take a bath with the door.

Speaker 9 (16:02):
That bill, Yeah, I do.

Speaker 2 (16:04):
I do. You have no case.

Speaker 1 (16:06):
What you could do is have your wife take a
bath with no door, but you know that gets a
little problematic, so, uh that's kind of out of Uh.

Speaker 2 (16:15):
Yeah, I wouldn't do that.

Speaker 1 (16:17):
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code is flash. This is Handle on the Law.

Speaker 8 (17:38):
You're listening to Bill Handle on demand from kf I
A M six forty.

Speaker 1 (17:45):
Kf I AM six forty. Bill Handle here Saturday morning.
Phone number eight hundred five two zero one five three four.
I said number to get into the show. Ask me
a question. Eight hundred five two zero one five three four.
Welcome back. Handle on the Law. Hello, Dawn, you're up, sir.

Speaker 2 (18:06):
What can I do for you?

Speaker 5 (18:09):
Yes, my Fourth Amendment rights have been violated by the
district attorney of Birsay County.

Speaker 1 (18:14):
Okay, tell me what tell me what they tell me,
what the prosecutor did or.

Speaker 2 (18:18):
The da.

Speaker 5 (18:20):
The prosecutor took and where I tapped my phone four
or five times. I got a letter from the City
of California that said they were wiretaped my phone.

Speaker 2 (18:29):
Okay, so where are your fourth money? Yeah?

Speaker 1 (18:33):
Where are your Fourth Amendment rights violated?

Speaker 5 (18:38):
They've been tapping my phone.

Speaker 1 (18:39):
Yeah, that's not Fourth Amendment. Just to clear it out
that that is not Fourth Amendment. Fourth Amendment is search
and seizure where they come into your house and grab
stuff without a warrant and illegally takes stuff.

Speaker 2 (18:51):
A wiretap is not.

Speaker 1 (18:52):
Now if they illegally wiretap your house, yeah, there is
an issue. However, Number one, how do you know that
it was an illegal wire tap?

Speaker 2 (19:05):
It could have been, it could have been predicated.

Speaker 1 (19:07):
On a warrant, and even better than that, if it
was peripheral. For example, I knew someone whose name came
up in a wire tap from someone else that they
wired tapped. So first of all, how do you know
a wire tapped? And were you prosecuted in any way?

Speaker 3 (19:28):
No?

Speaker 5 (19:28):
I was not prosecuted, and I got a letter from
State of California and it said I was being wired tapped.

Speaker 1 (19:33):
Okay, time, okay?

Speaker 2 (19:35):
And what happened as a result of that?

Speaker 3 (19:40):
I don't know?

Speaker 2 (19:41):
Okay, No, No, what happened as.

Speaker 1 (19:42):
A result of that? What what came out of that?

Speaker 2 (19:45):
You work for?

Speaker 1 (19:46):
You?

Speaker 2 (19:46):
Were you brought in as a witness? Were you?

Speaker 1 (19:49):
Uh?

Speaker 7 (19:50):
Uh?

Speaker 1 (19:51):
The point of they're investigating you? Interested person? Any idea?

Speaker 3 (19:58):
But I am mental deranged?

Speaker 1 (20:01):
Guys, No, that doesn't work, No, no one, no one flies.
You may be mentally deranged, but it wouldn't be because
of that. Have a and you don't know why? Do
they tell you why? Or just they've wired tapped you?

Speaker 2 (20:17):
Okay, you're all right?

Speaker 1 (20:19):
Uh Now, the only thing you're probably going to get
is uh, you know, probably money, because you're going to
ask for whatever damage is.

Speaker 2 (20:27):
How much you think that's worth.

Speaker 5 (20:31):
I'll say one hundred thousand dollars.

Speaker 2 (20:33):
One hundred thousand dollars because they wired tapped you.

Speaker 1 (20:37):
Okay, Well, you can certainly talk to a civil rights attorney.
No one's going to take it on contingency, and it's
going to cost you buckets of money. The point is,
if nothing has come up of it, if it was
part of an investigation. It goes away, and I would
tell the prosecutor why, ask them why'd you do it?

Speaker 2 (20:57):
Why was on the wire?

Speaker 1 (20:58):
Why was I on the wire?

Speaker 2 (20:59):
Why tap?

Speaker 1 (21:01):
And you can ask for a warrant. You can say,
I want to see the warrant because they have to
have a warrant to wiretap you. But that's fairly easy
to get. Yeah, there's not much there. There really isn't
a one hundred thousand dollars. Let me tell you something.
I would go to the DA's office tomorrow afternoon and go,
please wire tap me, please please?

Speaker 2 (21:26):
Thomas, Hey, Thomas, you're up?

Speaker 3 (21:29):
I will I have a problem with my Can you
hear me? Yeah?

Speaker 2 (21:38):
I can actually Okay, Yeah.

Speaker 6 (21:41):
I have a problem with my I'm I live in
a condo and I have a problem with the owners
management company. I my association, dudes will missing from the

(22:02):
management company.

Speaker 3 (22:04):
But it was not due to my It was not
my fault.

Speaker 2 (22:07):
Whose fault was it?

Speaker 3 (22:08):
I am great, pardon whose fault was it?

Speaker 6 (22:14):
Uh?

Speaker 3 (22:14):
The management company?

Speaker 1 (22:16):
How so?

Speaker 3 (22:18):
Okay?

Speaker 6 (22:20):
Last November I received a statement from the management company
giving me what my you know, how much I paid
in everything? The month of December the month of December,
I didn't get a statement. Then in January they switched

(22:43):
from the paper statements to emails.

Speaker 2 (22:47):
Okay, and have they? Did you receive an email?

Speaker 6 (22:51):
I received an email three months later?

Speaker 2 (22:55):
Okay?

Speaker 1 (22:55):
And so now what so you have you?

Speaker 2 (22:58):
Have you missed three or four months the payments?

Speaker 3 (23:01):
Oh? Yeah, I mean said as many of eight months?

Speaker 1 (23:04):
Because okay, So what what do you think should happen?

Speaker 3 (23:10):
The UH was assessed lateees?

Speaker 1 (23:16):
No, I understand, okay, So what do you think? What
do you think should happen?

Speaker 2 (23:20):
Thomas?

Speaker 3 (23:21):
Uh?

Speaker 2 (23:22):
What what do you think, uh should happen to you?

Speaker 1 (23:25):
On that you owe eight months worth of association fees
and a ton of late fees. What do you think
should happen?

Speaker 6 (23:34):
I think that is the lateees and the interest should
be weighed.

Speaker 1 (23:41):
Okay. And I don't and I don't disagree, and I
don't disagree with you.

Speaker 2 (23:45):
I would certainly ask for that.

Speaker 1 (23:47):
Now, let me tell you what your responsibility is, and
that's to pay it, whether or not you get a statement. Uh,
that is your responsibility. Uh if it If you don't
pay it because you just didn't get a statement, that's
on you. But you can argue I didn't get a statement.

(24:08):
I didn't get in the mail, I didn't get the notice.
How old are you Thomas four? Ooh, that's good, okay,
all right, So here's what you do. Here's what I
would do is go in front of the board, you know,
whoever handles it in a next general meeting, or talk
to the president of the Board Association, the HOA, and say,

(24:31):
I didn't get a statement, and I'm eighty four years
old and I'm not even going to remember my name
two minutes from now. So I'm requesting that you waive
the interest and the penalties. They may not, but you
negotiate with them. But your defense I didn't get a
statement really doesn't fly. You could argue, and I think

(24:54):
they really look kind of stupid. If I'm on the
board and I can make the decision, I would instantly
waive the interest and the penalties. But I don't think
they have to. I think you know, yes, not when
you say it's it's their fault, it is not. You
didn't pay, it's not their fault. So I think you're
basically out of luck. I'm big for going in front

(25:16):
of boards and administrative agencies and just begging. I'm maybe
four years old. I'm going to be dead in a week.
I mean, you do give me a break, you know,
I'll pay it now. I'll pay everything other than the
interest and the penalties. I think that would fly. I
think it would fly. Hey, if you've got a case,
a personal injury case, and this happens when you're in

(25:40):
a car accident or let's say a slip and fall
big box falls on your head from a big box store,
for example, and you're injured and it's not your fault,
then what you have is a personal injury case. And
this one you can't do on your own. PI cases
are it's very difficult to do well. And here is

(26:02):
the problem, insurance company from the other side. Let's say
someone t bones you or rear ends you and there
you are injured. You'll get a phone call from the
other side and the insurance company will start asking you.
You know, we want to pay your medical bills, which
they have to, we want to repair your car, which
they have to, and we want to pay you two
thousand dollars for pay and suffering. I'm just throwing a

(26:23):
figure out. Well, it's worth a lot more than that.
And this is one of those where are you really
going to negotiate with an insurance company negotiate against people
who do it for a living. This is why I'm
going to suggest. What are the lawyers that handle on
the law dot com. A lot of lawyers advertise in
the world of personal injury, which is why I created

(26:43):
handle on the Law dot Com because who do you know?
Where do you go? A lot of those lawyers are
very good. Others are not, and so how.

Speaker 2 (26:51):
Do you know they? This is why I Handle on
the Law dot Com exists.

Speaker 1 (26:55):
These are lawyers who are vetted, and these are lawyers
that if there is a problem, I make the phone call,
I call the lawyer and go what the hell's going on?
Those are the two advantages. So if you've been injured,
it's not your fault in a car accident, a slip
and fall, go to handle on the law dot Com.
This is handle on the Law Well bill handled here

(27:19):
on a Saturday morning. Phone number for your marginal legal
questions eight hundred and five two zero one, five three four.

Speaker 2 (27:29):
Welcome back. Oh we got some good ones here too.

Speaker 1 (27:32):
Okay, Susan, Hello, Susan, you're up.

Speaker 2 (27:35):
Welcome to the show.

Speaker 1 (27:37):
Thank you.

Speaker 10 (27:38):
I got to notice that there's a hearing my older
sister put in a conservative ship for my mother. She's
ninety years old, and I'm wondering if I need to attend.
I can't take care of her. I don't know what's
going on.

Speaker 1 (27:53):
No, it's not at all, not at all, No, Susan,
not at all unless you're subpoened. But that's not going
to help. So you got to notice from whom.

Speaker 10 (28:03):
My older sister.

Speaker 2 (28:04):
Oh yeah, wait wait.

Speaker 11 (28:05):
Wait wait wait hold on, stop stop stop stop, stop
stop stop. Your older sister sent you a notice to
appear at this conservativeship hearing.

Speaker 1 (28:16):
Correct, not to appear.

Speaker 10 (28:18):
It was a notice that she is has a court
Oh got it?

Speaker 1 (28:22):
Okay, that she's going to yeah, okay, do you have
any problem with that?

Speaker 2 (28:26):
Would you oppose that?

Speaker 10 (28:27):
Well, I can't take care of my mother. The only
problem I have is she's going to be have access
to like a million dollars cash.

Speaker 1 (28:34):
Okay do you have Uh, well, that's absolutely true. So
the court is now going to grant probably the conservatorship.
So you can go in and say, this is my
concern about my mom, and that is that my older
sister is going to have complete control over the money.
And then the court can establish a trust account, put

(28:54):
in give some some guardrails there. But the answer your question, no,
you don't have to appear. You can ignore it. Your
older sister is in fact going if she gets the conservatorship,
will have the will have the ability to clean out
the account. Now there's liability there, I mean, that's theft.

(29:16):
She can't do it because the conservatorship is set up
for the for the benefit of your mom.

Speaker 2 (29:22):
So it's your call. It's your call. You can walk
in and you go.

Speaker 10 (29:27):
The judge will ask for I can put some input
in for guys.

Speaker 1 (29:31):
Yeah, yeah, absolutely, absolutely, yeah, absolutely, the judge will ask
for input. Yeah. Now the question is would you okay,
Well it could be that's true. That's absolutely true.

Speaker 2 (29:51):
So it's your call, your choice. You know, we can
keep on going on and on.

Speaker 1 (29:58):
Oh, Michelle, Hi, Michelle, welcome.

Speaker 12 (30:02):
Hi Dell, thank you for taking my call.

Speaker 2 (30:05):
Sure.

Speaker 12 (30:06):
My mom passed about a year and a half ago,
and my stepfather is always he's always been very jealous
of my mom's in my relationship and to the point
where he he's almost a crazy person. She had cancer
and when she I was going over there daily to
uh to visit her, but when she became unresponsive and

(30:27):
dropped into a coma, Jack threw me out of the
house and I couldn't gain entry again.

Speaker 1 (30:33):
Okay, okay, let me ask you did was the house
held in joint tenancy?

Speaker 2 (30:38):
Did he end up owning owning the house?

Speaker 1 (30:40):
Do you know?

Speaker 12 (30:42):
They had a trust and Mom owned half of the
house and Jack owned the other half, and everything that
was hers was left to me, all right in the trust.

Speaker 1 (30:52):
How how much you think everything Okay, Michelle, how much
you think it was?

Speaker 12 (30:56):
He hasn't died yet. I can't do anything until he died.

Speaker 1 (31:00):
Oh that's not true at all. No, no, no, no,
you know you can.

Speaker 2 (31:04):
Get a lawyer.

Speaker 1 (31:05):
You can get a lawyer and either ask for a
return of the property. Uh, and or if you find
out the property was taken, Uh was taken actually illegally
if you will talking taken wrong?

Speaker 2 (31:19):
Fly Yeah, you can get and grab it. How much?

Speaker 1 (31:22):
How did you think was? How much you think was taken?
And what he thinks about what's the house worth? Well?

Speaker 12 (31:27):
When I found out what he did, he's taken last April,
he took out a two million dollar mortgage on the house.

Speaker 1 (31:33):
After your mom died, After your mom died, Yes, and
then there's a trust with h Okay, well here's here's
here's the problem. Yeah, here's the problem. Here is the problem,
and that is, uh, the if the trust, if the
trust owned the house, if it was held in the

(31:54):
name of the trust, and uh he is the trustee,
then he has the right absolutely to pull a mortgage
out of the house. Although this after your mom died
and is kind of have her sign off on it.

Speaker 2 (32:10):
How much is the house for.

Speaker 12 (32:12):
It's sports about two millions.

Speaker 1 (32:14):
Okay, wouldn't you be worth half of it? Not if
it was held in joint tenancy, you wouldn't get it
if it was Okay, the trust owned the house, Okay,
and that's worth two million bucks. Yeah, yeah, it's you
may very well have some access to that. And yes
he may have wrongfully taken and yes, it's time for

(32:35):
you to get a trust in a state lawyer, especially
if you're talking about a two million dollar house and
how much in personal property and then the trust account
and then there's money. Yeah, yeah, you hire a trust
in a state lawyer. Michelle. Absolutely, you've got enough there
to jump into it. This is handle on the law.

Speaker 8 (32:55):
You're listening to Bill Handle on demand from KFI AM
six forty