The Troubleshooter 4-22-24

Episode Transcript

(00:01):
Yeah, ripped up news. Youneed advice? Who you don't have?
Come running just as as you can. Shooter's gonna help. Come man,
This is the Troubleshooter Show. NoTom Martino, Hi, Tom Martino here,

(00:27):
Welcome to the show. How areyou doing? We got Dan Mackenzie
with us. A state law that'salways a popular topic for texting. If
you want a text, or youcan call, and of course you don't.
Texting is five seven seventh three nine, And of course we don't limit
to one topic ever, but thisis really important stuff I wanted to ask
him about. He's a state planning, he's an attorney. What isn't a

(00:51):
state plan When do you need one? When do you not need one?
Meanwhile, I want to talk toyou about your problems, questions and complaints.
So let's get to the phone andtalk now. When you're not here,
or when you don't call here directly, you can call three oh three
Martino three oh three six two seveneight four sixty six and we'll call you

(01:15):
back like we did. James,James, what's going on with you?
James? What's happening? Hey?I just uh, I've got a little
problem. It's not a big problem. But uh, I just can't understand
this. I uh, I neededto get a shuttle service from the airport,
Denver Airport. Yeah, ran likeand I booked it on November twenty

(01:40):
first of last year. And Iwould wait a minute, you when you
booked it November of last year?When was When was it for? How
much in advance? Did you doit? That was it? I was,
That's what I booked. It wasNovember twenty first, and I,
oh, for November twenty first,I mean, you did it immediately.
I got picked up, got pickedup on the sixth of March. That

(02:01):
was the I was supposed to bepicked up at the Denver Airport on the
sixth of March and driven to shuttlesthrough Grand Lake, which was fine.
And I also at the same timethat I had so James, you called
in November for a pick up ina March, right, that's correct?

(02:21):
Got it? So then then II in two weeks I wanted to be
picked up back in Grand Lake andtaken back to the airport, and they
agreed to that and I paid onehundred and sixty six dollars one way,
and then another one hundred and sixtysix dollars I paid in advance. So
anyway, when I did get pickedup on March sixth at about till I

(02:42):
think it was eleven o'clock, andthat worked out great, drove me to
uh selld me to Grand Lake.Well, I was all done with what
I needed to do in Grand Lake, and I just called the day before,
on the nineteen to just check tosee if you know, they were
going to be there at noon thenext day. And the lady on the
phone says, oh, you know, We're sorry, we can't pick you

(03:04):
up. It's too car It says, excuse me, I'm I supposed to
get to the airport. No waita minute, they never let you know
that. Had you not called justto check, you would have never known
exactly what the hell is that allabout. I mean, you know,
listen, I used to have thisfear all the time about everything. In

(03:25):
fact, when Uber and Lyft firststarted, I couldn't believe people got up
in the morning and they had togo to the airport right and without making
any prior arrangements, like about anhour before or whatever they needed to go,
or that they would they would theywould just go on their phone.
I thought, what if somebody's notthere. And I don't know if that's

(03:45):
ever happened to anyone with Uber orlyft, So I always found that extraordinary,
let alone making an advanced registration reservations. Now, when you told the
driver I need a ride back tothe airport tomorrow, did he write it
down? It was in two weeks? It was in two weeks. Oh,
two weeks, okay? Basically yeah, yeah, And this was the
twentieth of March. So anyway,here's here's the deal. So wait a

(04:09):
minute, did did they write itdown? Did you or did you call
a number? Or did you tellthe driver? Oh? No, no,
I had this all confirmed. Ihave it in writing that it's all
confirmed. That okay, And intwo and you did this. You did
this basically two weeks in advance,and the night before you find out they
can't make it. Yeah, theyjust said, uh, yeah, we

(04:30):
can't. We're just too far.I said, excuse me, I am
a flund at five o'clock. Andhad they ever called you or left a
message or texted you or anything?Nothing? Gray? So what's going on?
Now? What about I need totalk to a supervisor. And she
says, let me check my supervisorShe comes back about five minutes later and
says, no, I'm sorry,you can't go to the eirport. We
we're just not picking you up.I says, wait a minute, I

(04:53):
already paid for this. What amI supposed to do? Oh? You
know what, we do have anotherservice. It's a private service, which
we could hook you up with.I said, well, how much is
that? They said it's five ninetynine and I said, okay, five
That was more than the flight,wasn't it. Yeah, anyway, what

(05:15):
happened? What happened? Did youtake the private service? Yes? I
had to take the private services becausewell, you know what I would do.
I swear to God what I woulddo is I take those guys to
small claims court and use your verificationby email as proof that they screwed you.
So anyway, I left. Isent him a letter about four weeks
ago, just as I came back, I said him a nice letter,

(05:36):
just saying, you know this wasnot right. You You basically owe me
four hundred and thirty three dollars becauseI get it this. Yeah, yeah,
I'm your in agreement with you ifyou truly had a confirmation and they
did not let you know in advancethat they couldn't do it, And what

(06:01):
happened? What do they say?Are they agreeing to pay you back or
what? No, they're not evenno responding. I called them. They
won't answer. They just all right, well, we're gonna call them.
What's the name of the play theshuttle. It's called Grand Mountain Rides.
It's enough easier. Wait a minute, Wait a minute, they're in.
They're located in the mountains. Andthey said it was too far. Yeah,

(06:30):
okay, advertised they advertised that theygo to Grand Lake. Shoot,
wait a minute, and you can't. No, I would never let this
go if you truly have Do youtruly have a confirmation number for the ride
back? Yeah? I should haveit somewhere here. I've got all the

(06:51):
time. Did they just plan onnot showing up? What they knew you
were booked, but they just plannedon not showing up? Or do they
not even acknowledge you booked it?No, they acknowledged that I booked it,
but they said they just couldn't makeit because it's just too far.
That was the excuse. And eventhe supervisors said, nah, we're not

(07:13):
gonna we can't pick you up.So I was I was did you ask,
did you ask why they didn't botherto tell you? I was so
distraught at that time that you know, I was just going to another question,
another question, another question. Haveyou ever heard of uber or Lyft?

(07:35):
They don't have it there. Theydon't have anything like that in Grand
Lake. There's no one around upthere. The only other shuttle services is
Home James and they do mostly winterpark that company in March. In March,

(07:57):
they just don't go all the wayto granted because there's no Kachina.
Who do we have that can dowhat happened? I'm hearing static. Hello,
that's coming from Oh. Mark's tryingto get in. Mark. I

(08:18):
don't know why we can't hear you, bro, We just heard static.
Let's this is a Mark would takeyou to small would take these this shuttle
place to small claims court, usingthat verification as proof he had a contract
and they breached it and it costyou money and all that. And we
can do that separately. But Iwant to Kachina, who do we have.

(08:39):
Let's give it to a deputy towork on. I just need to
mark down who we're going to giveit to. Sure we could do Deputy
Dollar or we can also do Deputybo. You know what I want to
do, Deputy shop I no,no, no, okay, I want
to do our newest deputy coming intomorrow. I want you to save it
for her, okay, because shekicks butt and I want to And we

(09:03):
haven't come up with a name yetfor her, So what do we do?
Her name is Genie but depid huhDeputy xx y xx because she's a
female. Oh fun? Oh,that's fun. All that is in our
first female FIRSTX correct? Oh man, we can come up with something like

(09:28):
that. That's pretty cool. Wegot more coming to listen, James,
you're gonna be in good hands.Man. We're gonna see what we can
do with this one three zero threeseven to one to three. Talk now,
Diane wants to talk about an issuewith DraftKings sports app coming up.
Hey, water Pros the best watersystems at the lowest prices. Now,
I love the coffee it makes,but I also love drinking water, and
I don't love drinking water, butI love water Pros. Only fourteen hundred

(09:52):
bucks fully installed triple filter reverse osmosisunder your sink doesn't even require electricity.
It runs off the water three ohthree eight six two five five five four
Go with a sure thing Denver's bestroofer Excel Roofing dot com. You don't
pay a cent until you're content.Time for an insurance check up free,

(10:18):
no obligation comparison call Compass Insurance payingtoo much your coverage at dozens of insurance
companies find out now three oh threeseven seven to one. Help. You'll
think you're his only customer when youchoose Frank durand the real estate Man dot
com to list your home with RemaxAlliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino,your troubleshooter three oh three seven one three

(10:46):
talk three oh three seven one threeeight two five five Diane, what's happening
with you? And Draft Kings?Hey? Tom, Thanks, I'm actually
calling for my daughter in law.But they placed a bet on Draftking sportsbook
in December of twenty three and itwon and Draftking it was like thirteen hundred

(11:11):
and seventy dollars that they won,and Draftking denied how much total? I'm
sorry, how much total? Thirteenhundred and seventy dollars okay, and Draftking
has denied to pay it to thembecause they said that they don't believe that
it was them that placed the bet. So my daughter in law has sent
like her driver's like, well,what does that mean they don't believe it?

(11:33):
What do they mean they don't believethat their identity is correct? They're
not paying them because they don't believethey're the person that is on the account.
Basically, you got to well giveus a little more than that.
What the hell does that mean?Are they saying that they didn't give a
social Security number? Or they theymade the bet while they were at a

(11:54):
state. They've got to be givingmore infos and Mark, here's Mark.
There's something else too. Even ifthey don't believe those people belong to that
account, why don't they just don'tthey just pay the account and then then
you worry about getting access to it. In other words, isn't that how
they do it? Don't they justpay the account? Don't you have an

(12:16):
account balance? And if they haveaccess, it's going to be attached to
a social Security number. The bethad to be made in the right state.
I mean, that's what I'm saying. There's more to this than they're
simply saying, Hey, we don'tthink it was you. That doesn't make
any sense. What else are theysaying? Well, I'm, like I
said, calling for my daughter inlaw. But I did. I did

(12:37):
find out from them that she hassince such submitted like her social Security number,
her birth certificate, or driver's licensepicture of her to show that it's
her account that the bet was placedon. But they just refused to make
pay the payment out so long toprove see, that's not even they don't

(13:01):
even see. This is what I'mconfused about. They just pay the account.
I don't know what you're saying,Tom. They pay if you win
the bet, you get it.You have to own the account, you
know. But they but where doyou mark if you win the bet?
Where do you get paid? Where? They put it in your account?

(13:24):
That's right, that's right, andyou can transfer it to your No,
I'm talking about don't they have onlineaccounts for in other words, they don't
have an account on draft Kings.Then, yeah, they do have an
account with DraftKings. Yeah, souse your name password just right you would
with Netflix. So when you goon that account, there's no money taking

(13:45):
in and out of that account.Yeah, you make a deposit and then
that's the money you bet. Ifyou win, it goes into your account.
When it's in your account, youcan cash out into your bet.
Now that's okay. So then whatdifference does it make who has access to
that? That's up to that accountholder. So in other words, why
don't they make good on the betto begin with and then let the account

(14:07):
holder worry about whether Diane's daughter inlaw is going to get some money or
not. First of all, theirs reporting is very very important under any
legal online gaming. So if theydid not give a correct social Security number
or something along that line, they'renever going to pay it because they're not
allowed to pay it. You mean, if they believe the original account was

(14:31):
set up fraudulently, Yeah, exactly, something along that. That's what I'm
saying. There's more to this orthe other part is if the bet was
placed out of state, and theydon't think these people actually place the bet
well in Colorado, I don't thinkthat would be the situation. But bottom

(14:52):
line is they are not getting paidfor this thirteen hundred dollars and why that's
what we keep asking you. Whatare they saying? They have to have
a specific They're saying that she's notthe correct owner on the account. And
okay, okay, don what well, I don't know what Diane? Whose

(15:16):
account is it? Diane, we'retrying to help. Okay, now if
it's her account. What I'm askingthis is do they if she goes on
that account, not talks to DraftKings, but goes on that account, can
she to this day? Can sheplace bets or have they suspended the account?

(15:37):
I don't know if they've gone onto place one since then because they
got paid for this. See,that's what I need to know, because
where what you're telling us is incomplete, we need and you can call us
back, but we need to knowthis first, or have your daughter in
law call. We do have peoplethat we can help, I mean,
then can possibly help. But here'swhat we need to know. Is this

(16:00):
account still active or have they suspendedthe account? If they suspended the account,
that makes more sense than just notpaying. Because for example, if
I had an ACCH that was goinginto my account, a bank account,
the bank doesn't care who I am. They're only worried about putting the ACH

(16:25):
in my account. Then if Ihave access to that account, I can
get the money. They don't tellme, Well, you can't have that
money because that's up to me andthat account holder. If it's me,
fine, If it's my wife,fine. But that's the part we don't
understand. Are they not paying becausethey're saying the entire account is fraudulent or

(16:48):
are they saying something else. Imean, we need to know that because
what you're telling us makes no sense. Can she log onto the account right
now and make a bet? Canshe actively use that account? If so,
then they should have paid the account. That's how they do it.
So so what you're saying isn't driving. And I'm sure your daughter in law

(17:11):
will be able to explain it tous, and we'd love to help.
If go at what's I'll have hercall. If you have her call,
I'm gonna mark this. If shementions you, Diane, I'm gonna mark
this that she'll be calling. Thenwe can get to the bottom of it.
Three oh three seven one three talkthree oh three east seven one three
eight two five five eight eight eight. Heating dot Com they're doing twenty eight

(17:37):
dollars service calls for any one item, for example, the water heater twenty
eight bucks. You get a fleshyou get you get a tune up,
you get a fix and a diagnosis. If you need something major than the
twenty eight dollars applied. They dothat for a toilet twenty eight bucks.
If you have an HVAC problem twentyeight bucks, and then they apply the
twenty eight eight eight eight heating dotcom the number three oh three seven seven

(18:02):
zero two seven seven six Go witha sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay acent until you're content. Wait time for
an insurance check up free no obligationcomparison call Compass Insurance paying too much your

(18:23):
coverage at dozens of insurance companies findout now three oh three seven seven one
help. You'll think you're his onlycustomer when you choose Frank Durand the real
estate Man dot com to list yourhome with Remax Alliance three oh three nine
two zero sixteen twenty two. HeyTom Martino, your troubleshooter three O three

(18:52):
seven one three talk seven one threeeight two five five. What's on your
mind? How can we help you? I'm going to open this up now
a state plan. I said youcould text us at five seven seven three
nine. Hey, by the way. You can call us about anything.
But one thing I do want youto do is call before it becomes a
big problem. Now, the oneproblem with the shuttle not showing up,

(19:18):
I don't have a problem if theymade a reservation, confirmed it, and
then way in advance said oh,by the way, we should have never
done that. We can't do it, we can't take you. But he
said he didn't find out till thenight before when he called to verify and
they said no, we're not coming. Well then they push him off to
a private service for like six hundredbucks or five hundred whatever it was.

(19:45):
It was terrible. Well, youcan't do that. None of you had
a written authorization or confirmation. Soon this sports betting thing, the sports
betting piece, people have an obligationto make sure the accounts are real because
there are people I looked up aresetting up fake accounts so they can get

(20:08):
gambling winnings without reporting them. Now, I'm not saying that's happening here,
but they might suspect it is happeninghere, or worse, it could be
an excuse. That would be terrible. If a betting app is purposely not
paying off bet I doubt that though, But who regulates those betting apps is?

(20:30):
Because really is it where they're located? Is it? I often wondered
how they do that? How canonline betting? Are they prohibited in some
states? Mark? Do you knowanything about online betting? I don't.
I don't know how they leave.I mean during football season, I've definitely
placed some bets, but I knowfor a fact that if the Social Security

(20:52):
or there's any kind of strange stufflike that, they simply won't pay it.
Now. Candae is the daughter inlaw, and she's on the phone
right now, so I'll wait onthese questions for our estate planning attorney.
Yeah, I'm dying to hear whatthey're telling her at So, Candice,
I'm glad we're talking directly to you. I want to ask I want to

(21:17):
ask a few questions. Did youhow long have you How long have you
had this account with draftings? I'veheard it since twenty twenty two, so
about two years. And you neverhad a problem before this? No,
I actually did in twenty twenty two. I had this same problem. How

(21:40):
did you work it out? So? I everything that I've tried to done
so the first time I had tosend in they wanted my social they wanted
a picture of my ID. Theywanted a picture of me with my ID.
In twenty twenty two, that's allI had to do. But recently,
when I it's like thirty, theywere cashing me out two hours prior

(22:04):
and then all of a sudden theyput my account on hold. I said,
I needed to prove my identity.No, Candice, help me out
here. Just wait a second.When you said they were cashing you out.
Under normal circumstances, when you placea bet and you win, doesn't
the money automatically go into some onlineaccount with them or not. So yeah,

(22:27):
it it goes back onto your bettingaccount, and then you can go
in and you can cash it outinto your bank account. That's okay,
that's what I thought. So whatI want to ask is can you get
into your account right now and makea bet? No? Okay, that's
what I thought. So they suspendedyour account. Yes, okay. Why

(22:52):
do you think they do this?It's because they think fraud is going on.
I think that's what it is.They just keep asking me to prove
my identity. So I send ita picture of me and my ID,
my ID, my social I've evensent them baked statements proving that this is
my bank, this is where themoney came out of. I don't,

(23:15):
And it's just it. I alwaysjust get the same reply where they want
me to send it again, orthey'll want and tell them the last time
this happened to you, The lasttime it happened to you, Was it
specifically with a bigger bet that youwon or was it a smaller one?
What was it? It was asmaller bet the first time? Really?
And then how many bets since thefirst time before they asked for ID again

(23:38):
this second time? How many betsin between? Problem? Fifty? And
you never had a problem. No, I never had a problem until that.
It's like thirteen sixty eight. Ithink that they won't let me cash
out, and I've tried to contactmy bank to go like around it.

(24:00):
I've tried to contact them, I'vesent them every piece of information that I
possibly can to prove my identity,and they just keep blowing me off.
Well are they not communicating at allanymore? Oh? No, they're not
at all anymore. And this hasbeen going on for about six months now.
And there's also no actual way totalk to a physical person it's just

(24:25):
an automated email response. Man,this is frustrating as hell. Wow,
yeah, where are they located?Do you know? I have no idea.
I bet if we googled it wemight be able to find out.
Okay, I was just curious.So you don't have a person or a

(24:45):
number we could call. No,And when you go on the Draft Kings
app and like push contacts us,it only sends you their email, and
that email only responds with an automatedresponse. And you have never won the
last time around you did this.You never talked to anyone. Nope,
I never talked to anybody. Theonly the only betting site I've ever been

(25:07):
able to talk to somebody on issports Set. You know. That's that's
kind of weird. I mean,you know, but this is the trend
nowadays. So did you call eightseven seven? This is what I looked
this up. Did you call eightseven seven four three five? Well,

(25:33):
actually it spells out something eight sevenseven four the number four Draft Kings.
Have you done that? Yes?I have? And when you call there,
what do you get? You getan automated like response system that tells
you to contact the email address.Did you so? You wrote support at

(25:56):
draft kings dot com. Yes,and you got nothing. And then I
get an automated response that says,we need your account has been suspended.
We need to prove your identity.Please send in the following information, a
bank statement for this month, apicture with you and your and your state

(26:18):
ID, and a copy of yourSocial Security cards. And you did all
of that, and I've multiple timesI have done all of that. Wow,
Wow, Mark, what would youdo? I'd probably take them to
court. But I still think we'remissing something. I don't know what is

(26:41):
the bank account you're trying to transferinto. Is that in your name?
Yes, my name and my nameonly. It's not a shared account with
my husband. It's only mine.Is it located in Boston? That money
still in the account? Yes,the money is still sitting in my draft

(27:03):
Kings account. I just can't doI can't place the bet with it.
I can't pull it. You justcan you log on right now to your
your account? Yes? And whenyou log on, you can't do anything.
I can't do anything. I canjust see like their basic loading page.
When you log in, it'll giveyou like a home screen. I
can see that. But if Itry to make a bet or hit withdraw.

(27:26):
It'll tell me accounts suspended. Pleasecontact draft Kings at draft King Support
a draft King dot z ndsk dotcom. Okay, I don't, Mark,
I think, honest to god,you would do small planes court.

(27:48):
But I wonder if they don't havean agent or do have an agent?
Oh, I'm sure they do.I would think so for sure, Yes
they do. Let's see, I'mlooking it up on the state. Okay,
Listen, they have to have onedue to the registration in Colorado from
the Gaming Control Commission. So youneed to look up their registered agent at

(28:12):
the Secretary of State's office. Doyou know how to do that and what
you do? Let me explain whatyou can do. You can just take
in the small claims court for breachof contract for the money. I mean,
you have all of the copies yousend to them, you have the
string of emails. I think youhave everything you have, and I don't
think I think if anything that willget their attention. You know, when

(28:34):
Mark first started doing sport, youknow, I did small claims court for
all kinds of little stuff, butI never thought of a big corporation,
right, So Mark did this.I forget the first time he did the
big corporation, but he found theregistered agent. And in every single case,
I believe Mark, they called tosettle in every single case, right,

(28:56):
everyone, every single one, andhe found magic. So what we're
telling you is not to put youoff if you listed, right, I
just found him on the Secretary ofState. I mean they're good. I
was looking it up too, sothanks. Just so you who is the
registered agent. It's CT Corporation.I've served those guys ten times. Easy.

(29:19):
That's a professional registered agent. Yeah, exactly. I mean this one's
a slam dunk man. The abandonI don't know is the I don't know
how like if anyway the Gaming Commissionit's involved in this. But I don't
think it matters if you can't callup and talk to him. This will
at least get you a conversation,no doubt. That's right. That's right,

(29:42):
Okay, I'm I go about lookingat that is it? Just like
easy on Google? Just give hermark, do you have the enuugh that
the address and the name you canjust give you just now. All you
do is google Colorado Space so osand then you go to the Secretary of
State's website. It'll be the firstup and then you hit find a business,

(30:04):
and then you type in DraftKings andyou'll see DraftKings Inc. Okay,
and then you look for the andthen it'll have the name of the registered
agent. Now that many of thesecompanies have registered agents that are professional registered
agents for many companies, but youcan still serve them. Do I owe

(30:27):
you a brake? Shanon? AmI late? Okay? More? Coming
right up? Go with a surething Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you'recontent. Time for an insurance checkup

(30:48):
free no obligation comparison call Compass Insurancepaying too much your coverage at dozens of
insurance companies find out now three allthree seven to seven to one help.
You'll think you're his only customer whenyou choose Frame durand the real estate Man
dot com to list your home withRemax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martinohere three oh three seven one three Talk

(31:15):
Deputy Doc. You have a commenton candace situation. What is it she
has to do? Tom is calledthe Colorado Gaming Commission. They are like
bulldogs they will go after the DraftKings, and if they put me a license
to Colorado, I guarantee that shewill get action very quickly. Really,

(31:40):
hey, Candace, did you hearthat the uh Colorado Gaming Commission? Did
you put a commitment? Is shestill on, by the way or not?
Is she all right? Maybe she'sstill listening or we're gonna tell her?
Thanks Doc? Have you really theydo listen to complaints? Oh?
Absolutely, I mean even minor complaintsfrom like from the casinos, they investigated

(32:07):
pretty quickly. They're very, veryconservative when it comes to following all the
rules. Thank you, doc.That's deputy Doc. And I don't know.
I think he's gambles now. Andthen hey, Steve, you have
an HOA issue? What's going on? Did he just get disconnected there?

(32:34):
He's not on? Okay, Sowe're going to come back with our state
planning attorney with questions like what doyou do when you inherit a bunch of
stock accounts? Do you liquidate?How do you liquidate? Where the tax
is paid? How are they paid? Also, somebody wants to know about
airs. Are they automatically equal ifnot specified? Or can they be spified?

(33:00):
Hmmm? That and more coming upon the Troubleshooter Show. I'm Tom
Martino. Get your calls in threeoh three seven one three talk. Go
with a sure thing Denver's best rooferExcel Roofing dot com. You don't pay
a cent until you're content. Timefor an insurance check up free, no

(33:23):
obligation comparison call Compass Insurance paying toomuch your coverage at dozens of insurance companies
find out now three oh three sevenseven to one help. You'll think you're
his only customer when you choose Frankdurand the real estate Man dot com to
list your home with Remax Alliance threeoh three nine two zero sixteen twenty two

(33:47):
rift need So you don't have acam's gonna help? Come man, this
is the Troubleshooter Show. No TomMartine. Hey, I'm Tom Martino.

(34:08):
Welcome to the show. Three ohthree seven one three talk seven one three
eight two five five. So avery interesting question we got for our estate
planning attorney, Dan Mackenzie. ThenI'll go to the phones. Our number
three oh three Martino, by theway, is a good number because if
you don't get right through, andyou probably will. While we're on the

(34:29):
air. If you don't though,if it's after the show or at night,
we will call you back. Ourpromise to you really three oh three
six two seven eight four sixty six. We believe in access now. Dan
McKenzie attorney at lawn my referral listrefer list dot com. He does estate
planning and all of those issues.And this is a very interesting question when
it comes to airs. Is itassumed they all are equal if not mentioned

(34:53):
in the will? Like that's that'sa very interesting topic. Like for example,
a house, are they equal?Uh? Stock account? Are they
equal? Bank accounts? Are theyequal? Whatever they're on? Are they
equal? Yeah? Yes, yeah. If it's not stated, then yes,
it will be assumed equal shares yeap, So we can add you know,

(35:14):
you can own a house as tenantsin common. So that's like you
each owned separate shares that house.If you can specify in the deed,
this parents known seventy, this personowns thirty. But if you don't say
anything, it's going to be assumedthat's fifty to fifty. But you can
dole out percentages. That's interesting,you can, but then you don't own
it jointly anymore, meaning that ifone of you passes away. No,
no, I don't mean you andyour wife, I mean your heirs.

(35:34):
Can you say this person gets thisair gets thirty percent, this air gets
seventy percent. And we're talking abouta specific asset, yes, like a
house or a car or a pieceof art. Can you dole out percentages?
Yeah? Yes, but the resultwill be a tenants in common ownership.
So again, that just means youall own separate shares, and that's

(35:55):
probably what you want frankly, butyes, you could do it. Okay,
So what is the fault? Theestate is in a lump sum and
everybody divides it up? Yeah?Usually, I mean most, I mean
like the intestate laws are certainly veryvague about that. Most estate plans are
kind of like, here's the percentageof the overall estate that we're giving it
people. Usually it's equal. Andwe've had cases where they will inherit a

(36:20):
house some siblings, right, yeah, two of them want to sell,
two of them don't like it.Can you specify in a will? And
maybe people should? And I don'tknow how you handle this. How do
you handle that? Should they specifynot only the asset but what to be
done with it? You gotta bereally careful with specific gifts. I tell
people like, it's nice to havespecificity because it lowers the chance you're going

(36:43):
to argue over who gets the righthouse. That On the other hand,
you have stuff like this where it'slike unintended consequences where exactly what you just
say, so so is it?Then? Can you say the house will
be dealt with in this way?Possibly? I mean, you know,
there's there's limits. It's to youknow, what's going to happen is probably
one of the people who wants tosell, for example, it's going to

(37:04):
go on the court and ask forit to partition it. And then it's
that's basically a force because here's why. We had one case where a guy
specified that he wanted this house avacation home kept in the family and and
and three of the kids said yea, well that's cool, and the other
one says no, yeah, Imean I want to be bought out.
I mean, can you actually cansomeone deceased actually dictate that? Now?

(37:27):
I mean, that's what trust planningis for. And then you've got to
have some mechanism in there to coverall the HOA fees and taxes and insurance.
I mean, is this kid gonnaIt's not that easy to control an
asset after death. You got tobe very careful about that. Yeah,
because all that stuff I just mentioned, and you could be hoodwinking someone or
should I say, straddling them withan obligation. Yeah, and we're not

(37:50):
going to do that, right,Yeah, so that kid's not course to
bail that. Let's say there isa provision in a trust or in a
will. Can the majority or allerrors if they're in unison, if they're
in agreement, can they have itchanged even though the deceased wanted this.
Can they say, listen, we'rethe errors. We don't want to keep
the house. We all want tosell it. There is a mechanism for

(38:13):
a private agreement among errors and beneficiarieswhere that can supersed or not. Well,
yeah, it is a supersede supersessionof the decedent's request. No,
yes, but you'll have to lookand see because there might be future beneficiaries
we're going to lose out on likeationinggot in this house too, right,
so they might have to sign.So it's tricky. Oh wow, that's

(38:35):
why you have a a three tothree seal plan. Steve, let's talk
man about this HOA. What's goingon? So the hailstorm that happened in
Aurora last summer, Yeah, significantdamage to the condo that I live in.
Yeah, and there's three other unitsthat are attached to this one building

(38:59):
that we all live in. Sois it a townhom or a condo?
So there's three town homes and thenthe condo sits on top of the car
port that I live in. Ohbut okay, but they're all condominiumized,
meaning it's one building with four units. Correct. Okay? Now was that
the only building in this whole subdivision? Or are there several buildings like that?

(39:23):
There are several buildings and they'll receivedamage, okay, and and there
and okay, got it? Sonow what's going on? So now the
HA is wanting to replace the roofsand prepare them. Sure, and there's

(39:44):
a nine thousand dollars deductible for eachowner of each unit. Well, it's
either a deductible or it's an appraise. Accuse me, it's an assessment.
It really doesn't matter what they callit. But you what they're saying is
insurance won't cover that amount. Correct. Okay, So then what so then

(40:07):
I reported that to my insurance.Right, they say that I have an
outdated plan. You do not havewhat they call you do not have loss
assessment. Do you know what lossassessment coverage is? I'm sorry kind of

(40:29):
say that anything. They say youhave an old plan, which probably means
you don't have lost damage assessment.Loss damage assessment is very simply this.
It covers you for assessments for insurancelosses only, by the way, not
just it Like if there's an assessmentto fix the pool or the parking lot

(40:52):
or anything like that, or landscaping, it won't cover it. But if
there's an insurance loss, they dohave certain coverages that go up to a
certain amount depending on the policy.You can get a policy that covers pretty
damn big assessments, or you canget a policy that caps off at two

(41:14):
grand, so you don't have that. The bottom line, though you don't
have that coverage. Is that correct, Steve? And so this is where
it gets confusing, because they saidthat I do have loss assessment, but
not because it's under the deductible foran Okay, hold on, hold on,

(41:35):
we got to talk about that.Let's get compass insurance on here's what
I think they're saying. Some Ibelieve. Now we're going to ask We're
going to ask Compass unless Mark youremember this. I don't know, but
we talked about this once before,and that is lost damage assessments will cover
certain assessments but not necessarily deductibles,or they covered deductibles but not shortages.

(42:02):
I don't know something like that.I'm going to have to get our insurance
expert at Compass Insurance Group on andby the way, we'll have them on.
They do that insurance checkup. Sohold on, let's get Compass on
Kachina and see what we can dofor that. Steve, this is important,
so we'll get you an answer forthis. Three zero three seven to

(42:22):
one three talks seven one, three, eight two five five. We also
have McKenzie law Dan McKenzie, andwe were talking about airs and some of
the One of the reasons you wouldwant a trust rather than a simple will
because you can have more specificity andterms and conditions. But I want to
ask them another way. I heardabout doing it, and it might be

(42:45):
a tricky way, but I don'tknow. Uh. Someone once said,
well, my dad put things inan LLC and the ownership was left to
the kids in certain percentages. We'lltalk about that and more coming up on
the Troubleshooter Show. Go with asure thing Denver's Best roofer Excel Roofing dot

(43:07):
com. You don't pay a centuntil you're contents. Time for an insurance
check up free no obligation comparison callCompass Insurance paying too much your coverage at
dozens of insurance companies find out nowthree oh three seven to seven to one.
Help. You'll think you're his onlycustomer when you choose Frank durand the

(43:28):
real estate Man dot com to listyour home with Remax Alliance three oh three
nine two zero sixteen twenty two.Hey, I'm Tom Martino. You're Troubleshooter
three oh three seven one three talkseven one three eight two five to five.
I have Jeremy Terzio with us fromthe Insurance Health Center. Are actually
Compass Insurance group. We call itthe Insurance Health Center dot com because what

(43:51):
they do is the insurance comparisons tomake sure you're not paying too much,
to make sure you're not under insured, or to make sure you're not over
insured, you know, just tomake sure it fits you, and again
that's free of charge at three ohthree nine nine six nine thousand. Jeremy,
Now listen, Jeremy. This guysays that he has an older policy

(44:12):
he was slapped with an assessment.But there's a weird difference here. He
is saying that his assessment coverage thathe has will not cover what is it?
Steve? Explain that it will coversomething but not the deductible? Is
that what you said, Steve?Are you there, Steve? Yes,

(44:37):
I'm here. Go ahead. Sothe way I understand is that it will
not cover the deductible for the insuranceclaim through the age away. But what
will it cover? What will itcover? I didn't okay, Jeremy is

(44:58):
there, Jeremy, can you soif you have loss assessment coverage and tell
me the limitations or exclusions under that? Sure? Well, there are so
none of our companies do this,but there are a few companies out there
that will not pay the loss assessmentif it's purely to share in the master

(45:19):
hoas deductible, which is really sillybecause that's ninety nine percent of what you're
going to get assessed for it,And what will they cover? Then?
I don't understand if they won't coverthe deductible portion. What will they cover
in those circumstances. You're correct,because you're all loss assessment policies or coverage

(45:40):
is only going to cover damage froma covered peril, so hail wind fire,
right. You know, if youget a notice in the mail and
says, hey, we're getting anew clubhouse and you get an assessment,
your your insurance isn't going to coverthat, just like if you were going
to do something and upgrade to yourown home. So that's just it.
It's always going to be something thatcomes from a cover insurance claim, which

(46:05):
is what the HOA policy's covering becausethey're ensuring all the shared common own property
and then they assess that deductible.So, I mean, the only example
would be if there was damage,let's say at Hell damage and the HOA
decided it wasn't enough damage to filewith their master HOA policy. They were

(46:28):
just assessing the damage amounts. Soit's a useless coverage base. It's a
useless coverage if you don't have itcover the deductible correct. Yeah, And
we at one point had a couplecompanies that tried to go to that limitation,
but they backed off of it.But yeah, you need to make

(46:51):
sure that your HO six policies lossassessment covers hoa deductible share. Hey,
Steve, who is your carrier?Your insurance carrier, not your agent,
the carrier that it's all state?Well okay, enough said. So you
now are stuck with nine thousand dollarsin assessments because it's a deductible and and

(47:20):
like you said, Jeremy, thereare very few circumstances when the shortfall.
I mean, what else would ithave done? I mean, it's always
going to be deductible, isn't it. I mean, what else unless,
like you said, they decided toself ensure, right, so, but
everything else for it to be coveredat all, it has to be a
covered pail from the pome. Wellwe yeah, I understand that. Like

(47:43):
if they want to pave the parkinglot and they assess you, right,
that's not going to be covered.Now I have a weird question, Jeremy,
do they ever have a deductible ofthe deductible So if you have lost
assessment coverage and it goes up tolike you know, and it's for it's
for everything, you know, everythingperil related. And let's say you're assessed

(48:07):
ten grand, can your insurance companymake you pay a deductible of the deductible?
Yeah, you have a deductible onthe loss assessment because they're not look
I mean whether it's a shared deductibleor not, and most times it's going
to be you have to look atit from this is the insurance loss.
If you have an HO six,the unit owner's loss is whatever their assessment

(48:30):
is. So you have a tenthousand dollars loss assessment, you're still going
to have your deductible that goes intoplay for that, but you're only paying
that one deductible because obviously the HOAis collecting this money to pay that they're
deductible. Does it surprise you thatall state doesn't cover deductibles. There's been

(48:54):
a lot of back and forth withinsurance, the HO six policy, these
and these master policies with that orthe hoas I should say, And to
me, what's surprising is that companiesjust don't charge what they need to charge
for the risk. You know,if you start putting in we're not going
to cover for this scenario when it'sso likely that's going to be the scenario,

(49:19):
it just it causes those types ofproblems. I'd rather see companies just
charge appropriately for what the real riskis and not have people have to go
to that level to try and figureout Yeah, exactly, not have them
surprised when they need it right right, Okay, by the way, thank
you, And they do the insurancecheck up at three h three nine nine

(49:39):
to six, nine thousand and SteveMan, this is going to be a
real hardship. Did they give youa payment plan of any kind? I
have six months? Could they?Well, then I would change my policy
if iru. Yeah, I'm definitelygoing to find a new insurance altogether.

(50:05):
Yeah, and I suggest you callCompass seriously. They can hook you up.
They're a broker. They represent liketwenty five twenty six companies, and
I'm sure they're going to find one. Definitely, get away from All State.
Man three oh three seven to onethree talk Okay, Now I want
to talk to Dan McKenzie, attorneyat law. I'm going to go back
to our wide shot here. Wewere talking about leaving a home, or

(50:29):
leaving an asset, leaving art,leaving and you know, and they all
have presumably an equal share unless youdole out percentages that can get messy.
But what about and he said,if you had a trust, it's easier
to do. And with a trustyou can also dictate terms and conditions.
What about people who believe that inLLC, for example, they put something

(50:52):
whatever it is, an asset intoan LLC, and when they leave that
asset, they're actually leaving the lthe LLC that owns the asset. Is
that a way of doing it,and then that LLC can be run by
the airs. Yeah, it's areally great solution actually, because the problem
with trust is that there's a trusteein charge and the parties might change over

(51:15):
time because kids start growing up andthey become interested in the property as well.
An LLC lets you specify, youcreate an operating agreement. You say,
here's who has the membership of interest. Here who has the right to
make major decisions and minor decisions aboutthe property. Here's how you buy someone
out if they want to get out. You know all the stuff about it.
But if you had the home litera home for example, in an

(51:38):
LLC, and they were current ownersof the LLC before passing, they don't
get the stepped up basis, thenyou would get the stepped up basis in
the LLC. The LLC would getthe stepped up the because that becomes the
entity. Correct, so the memberswould enjoy that stepped up basis. Oh,

(52:00):
very interesting. Now we had anotherquestion on stepped up basis and for
those listening, what is a steppedup basis? Well, it's to minimize
tax. Really, what it's sayingis this, if somebody bought something at
one hundred dollars and sold it atone thousand dollars because it increased in value,

(52:20):
that have a nine hundred dollars gainright absence of any exclusions. Now,
but if that one hundred dollars thingyou bought was left at death,
some items get a stepped up basis, meaning the day of death it was
worth a thousand, not one hundredanymore. So the errors get it at

(52:42):
a thousand dollars. That doesn't meanthey claim a thousand, It just means
that's what their asset is worth.So now if they sell it for a
thousand because that's the current value,they don't have a gain. Okay,
what do you enjoy with stepped upbasis? Is it only a residence or

(53:04):
do cars do? What gets astepped up basis? Yeah? Really,
any stocks. Everything is valued onthe day of death, correct, So
for stocks that could be upboard down, Yes, you can have a capital
loss. The same with cars wouldbe down most likely unless it was a
collectible. Yeah, usually don't kickcapital gainsing cars right right of course.

(53:24):
So in essence, then you don'tinherit the basis of anything or are there
certain assets where you would inherit abasis if something was done like putting it
into a eurovocal trust of some sortto evade a state tax, then you
can still you can lose that basisstep up. So there are certain thing

(53:45):
and you can lose it if youquit claimed it to somebody, if you
quit claim it during lifetime, that'spossibly a lifetime gift and it depends on
your intent, but you probably willlose the basis. See, this is
all very very interesting. Yeah,and I love you're the first one actually
that brought up that LLC idea.It's a cool idea, I mean,

(54:06):
it really is. I'm surprised morepeople don't do it now. Obviously it
doesn't take the place of a trust. So I'd like to go over when
you would definitely want to trust Whencould you get away with an LLC three
oh three seven one three eight twofive five. Go with a sure thing

(54:30):
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
content. Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find
out now three oh three seven toseven to one help. You'll think you're
his only customer when you choose FrankDurand the real estate Man dot com to

(54:53):
list your home with Remax Alliance threeoh three nine two zero sixteen twenty two.
Hi, Tom Martino, your troubleshooterthree oz three seven one three talk
seven one three eight two five five. Let's talk to Heather, who wants

(55:16):
to talk about a car issue.Buying a car mile high Honda? Was
this new or used? Heather?I purchased a new vehicle, a twenty
new When did you buy it lastMonday? A week ago? Today?
Bought a new vehicle? Okay,well that should be a happy time.

(55:37):
What did you buy exactly? Itshould be a happy time. I bought
twenty twenty four Honda Civic Sport Touring. They're wonderful. Wait a minute,
you bought a new twenty twenty four. You bought a Honda. Where did
you buy it? I am sosad to say mile high Honda? Now
what went What the hell went wrong? I means so far, like I

(56:00):
said, Okay, what went wrong? What's going on? Well? I
think the finance guy was, youknow, kind of misleading. While he
was misleading, he told me thatI've only seen two people come in here
with the last and within the lastmonth to get the deal that I was
getting. It was supposed to belike a six year warranty contract for like

(56:22):
under one thousand dollars, like sixyears maintenance free if my rooms got scratched.
Oh you know, these they're calledFNI guys, Finance and Insurance.
The FNI people, they're usually liars. Oh he was, he's a big
time Let me tell you something.It's called let me tell you what this

(56:46):
is called packing a deal. Okay, Now, now let me explain something.
Unless you're packing for insurance for vacation, that the packing is never a
good idea. And what that means. It happens in real estate, it
happens all over. Packing a dealmeans adding stuff in and I'm telling you

(57:09):
I met a person one time thathad their deal packed thousand dollars. But
the good news is, when didyou buy this last Monday? You can
get it. You can get thatstuff removed. Well, he removed like

(57:30):
like four thousand dollars worth of stuff, but he wouldn't remove the gap,
and he wouldn't remove the windshield coverage, which well, no, well that's
too bad. Well no, no, no, because you didn't ask,
You didn't ask forcefully enough. Well, they're being horrible. I went in
person the next day and the financeguy that dealt with how much there?

(57:50):
How much total? How much totalpack did you have on the deal when
you walked out the first time?I think it was like after financing,
like fifty two. But then nowI already have my phone. No,
no, I don't want to knowabout the finance charge. I want to
know the actual purchase. Did youtrade a car? And I did,
And that's what I'm waiting for.They're telling me, I got an email

(58:12):
this morning. I'm waiting for asixteen dollars check for a twenty nineteen Honda
Civic Sport that I traded. Listen, I can't. I can't even imagine
how screwed you were in this deal, because especially look if you trade in
a car, and did you oweon that trade four hundred and nine dollars.
Yes, that's what you owed onit, right, Yes, So

(58:38):
what you should see clearly on yourbuy order, Heather, is first the
purchase price of the car you're buying. Second, the amount allowable for your
car minus the payoff, so yournet equity, and that should come off
the top. Then they should chargeyou sales tax after that, and then

(59:02):
all the packing. Is it clearor not? Well, I have my
auto, my hont of finance thatI because I had my twenty nineteen through
there, so now I'm able tolook it up. I put in my
vin so now I'm able to seethat I owe like forty two thousand on
everything. Yeah, but that's notmy question. Do you have the original

(59:29):
purchase agreement with what I just toldyou, the purchase price, the trade
and allowance and all of that.Yeah, the purchase price was thirty one
thousand, and then they brought itup. You need to send me.
You need to send me that onepage purchase agreement. Do you have it

(59:50):
electronically? Do you have it?I do I have it on the the
FOB and I can print it.Yes, you don't have to print it,
but you can email it to us. I really want to see it,
Heather, because it's not too lateto back out a lot of that
stuff. It's not I don't carewhat that FNI guy told you. He
lied to you. You can backout all of it. Yeah, it's

(01:00:15):
it's been a miserable thing. Andthen you know, get this is that
is that really what you're calling You'renot calling about the product itself, you're
calling about the packing. Well,yeah, the whole deal. Plus I
wanted I had snow tires on therethat I forgot about, and we also
told him the next day we wentin. I was like, well I
have snow tires on there, andhe's like, oh, they won't fit

(01:00:37):
anyway, he lied about that,So well hold on, but hold on.
So but what were you going todo? Put your regular tires on
the trade? Yes, because Ihad my all seasons at home which I
took into them, and I'm waitingfor my snow tires, which they haven't
contacted me, so they have mywe can we can help with that.
We can help with Yeah, they'rehor and plus I need to see you

(01:01:02):
mean to take them off, andwell, you know what, that's kind
of on you, that part,you know what I mean, You know
what I mean. You could haveyou should have been prepared for that.
But I Heather, if you letus look at that, if you let
me look at that right as soonas you can, we can talk to
you today about it, because it'snot too late to do something about this.

(01:01:24):
I'm really happy you called now,as opposed to waiting a month because
then it gets more difficult. Soso hold on, Kashina, have her
email us that as soon as possiblethat I just need the purchase agreement now.
If she has her financing, that'stoo. But I really want to
see the purchase agreement and forward itto Mark as well, because that's going

(01:01:50):
to tell the story on how theypacked it and how bad it was,
and maybe she even was charged onthe financing for credit life and disability and
all of that. I hope not. I hope not. Let's find out
right after this, go with asure thing Denver's Best roofer excel roofing dot

(01:02:15):
com. You don't pay a centuntil you're content. Time for an insurance
check up free no obligation comparison callCompass Insurance. Pay too much your coverage
at dozens of insurance companies find outnow three oh three seven to seven to
one. Help. You'll think you'rehis only customer when you choose Frank durand

(01:02:35):
the real estate man dot com tolist your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino here, three oh
three seven one three talk seven onethree eight two five five. All right,
so Tom, you want to talkabout an issue with an insurance guy.
What's going on? Tom com?I've owned a warehouse in Fort Collins

(01:03:04):
for thirty years. The last wellsix years I was under lease with a
cannabis grow operation. We were fullyinsured with an insurance company that would ensure
the cannabis grow. And now,what do you mean ensure the cannabis grow?
You mean if what does that mean? They would ensure my building knowing

(01:03:29):
that it was being used for cannabisgrowth. I got it, I got
it, yep, okay, okay. So their lease was technically up December
thirty one of twenty two. Iwas back there in November of twenty two
and didn't like what I saw andthey were starting their demo for moving out.

(01:03:53):
Why didn't you like it? Whydidn't you like it? The tenant
brought in a demo crew that didn'tknow what they were doing. They only
demoed partial of the building. Andwhat were they supposed wait wait, wait
wait, what were they supposed todo? Return the building in as good

(01:04:14):
or better condition than received? Sodid they move out voluntarily or were you
evicting them or not renewing? Oh? They they were They're planned on moving
out at the end of their lease, which was December thirty one of twenty
two. Okay, when I gotthere in November, I planned on meeting
the backflow inspector and we found thatthe back building the building was frozen solid,

(01:04:40):
so the tenant wasn't maintaining the heat, and we had a bunch of
damaged water fixtures, which so waita minute, so they were not they
were not growing so at the end, So when did this freeze happen before
the end of their lease? Andthey chose not to make a claim on

(01:05:01):
their insurance? Would be a whichwould be a covered peril. And I've
been an insurance adjuster for twenty sevenyears. So tom so, Tom,
you had the landlord insurance on thisright, right, Plus the tenant carried
a building policy, got it?And this happened back in twenty twenty two.

(01:05:26):
You discovered all this, yes,so keep going to make a long
story short. They told me,I brought in the city. I had
a list of least non compliance itemsthat needed to be taken care before December
thirty one. And I also broughtin the city to do a walk through

(01:05:50):
to make sure that everything that wassupposed to be permitted was permitted. And
the manager of the inspectors was kindenough to show up. But bro this
was back in twenty twenty two,so tell me what happened. Well,
the tenants said that they could notmeet the permit violations and the least non

(01:06:15):
compliance, so they asked for anextension to March thirty one to comply.
And that's fine. So March thirtyone of twenty three, I'm talking to
mic Broker ahead of time about newinsurance because it's not going to be a
cannabis grow building anymore. Okay,but were you this was back? Okay,

(01:06:41):
We're going to continue this, butcan you answer me yes or no?
Did they fix the building or not? Yes? Or no, no,
okay, We're going to take youup right after the break. I'm
Tom Martino plus other calls three ohthree seven one to three Talk three oh
three seven one three eight two fivefive. Go with a sure thing Denver's

(01:07:08):
best roofer Excel Roofing dot com.You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison call Compass Insurance
paying too much your coverage at dozensof insurance companies find out now three oh
three seven seven one help. You'llthink you're his only customer when you choose

(01:07:29):
Frank durand the real estate Man dotcom to list your home with Remax Alliance
three oh three nine two zero sixteentwenty two ris need You don't have come
run anxious as can. Shooter's gonnahelp coming man. This is the Troubleshooter

(01:07:59):
Show. He know Tom Martino.Hello Tom Martino here, Welcome to the
show. Three O three seven onethree Talk three oh three seven one three
eight five. What's going on inyour life? We have Dan Mackenzie with
us for Mackenzie Law. We're talkingabout estate planning and stuff, and we
have some very interesting things to goover on structuring and uh you know what

(01:08:24):
you do with stuff your left orhow do you leave stuff the proper way.
We're also going to talk to you, so give us a call three
oh three seven one three talk threeoh three seven one three eight two five
five and waterpros dot net will getyou a whole house water system to get
out there forever chemicals or any chemicalsand uh metals and all kinds of impure

(01:08:48):
stuff if you want good for laundry, good for your body, good for
your skin, good for plumbing.But here's the deal. You can also
get the drinking water option. That'sonly fourteen hundred buck. He let's put
it this way, no matter whatoption you get from him, you'll pay
never pay less, because he hasthe best prices and the best technology.

(01:09:09):
I'm a firm believer that water isone of the most essential nutrients. And
we got to treat our bodies rightthree zero three eight six two five five
five four now eight six two fivefive five four. So Tom was talking
before the break about something hands ofcommercial building and my god, did I
have that disease one time? Andhe was renting to a cannabis grower and

(01:09:36):
what happened was the cannabis grower wassupposed to put the building back the way
it was when he left when theleast was up, but did a whole
bunch of damage to the pipes andto the place and didn't do it properly.
Is that a good summation, Tom? You were left with a mess?

(01:10:00):
Is that right? Tom? That'scorrect? And this leads into the
issue now that takes us to springof twenty twenty three, so keep going.
As of December thirty one of twentytwo, the tenant told me that
they will not be able to complywith the permit violations and least no.

(01:10:24):
I got it, and they askedfor an extension, and that brought us
to spring of twenty twenty three.Then what right? Right? So their
deadline was March thirty one, Igot it. In the meantime, since
I was switching from cannabis back toa non cannabis building, I was researching

(01:10:45):
my building insurance. My long termbroker for many many years would only give
me one quote and I asked formultiple quotes, so I went to a
different broker. The different broker shewrote me up a policy with an inception

(01:11:06):
of February first of twenty three,which was before the March thirty one last
day that the tenant was to curetheir defaults, and April one, I
showed up and I found the mets. What is your question? My question

(01:11:30):
is, in the fall of twentythree, I reached out to my broker
and asked for a copy of mydeclarations page and the broker was not in
town, and her assistant emailed itto me and I'm looking at it.
And then I replied back asking fora copy of my policy because we are

(01:11:54):
going from cannabis to non cannabis.I don't know what that means, exactly
why that matters, But okay,see got a new policy. Did you
get a look at it? Ididn't get the policy, but that got
the declarations. And the reason thatit matters is most companies have an exclusion

(01:12:15):
for any cannabis operation. Oh see, I didn't know that. Now that
that makes sense to me. Ididn't know that, So keep going.
Then what happened? So this newbroker who I just happened to find on
the internet and Fort Collins, becauseI now live out of state, I
reached out to her. She puttogether an application and all I received was

(01:12:40):
a docusigned document, and I docusignedit, turned it back in, gave
her my check, and the inceptiondate was February one, but the tenant
had until March thirty one. No, I get it. I'm getting all
of it. I'm getting all ofit. So what what are you calling
about? Now? Now? Whatis going on? Now? What's happening?

(01:13:01):
Man? I understand all of this. So you got new insurance non
cannabis. The tenant left you witha mess. Where do we stand now?
What's the issue today? Tom?The broker filled out the application that
the building was leased to a plumbingcompany for plumbing services and storage of equipment

(01:13:26):
materials. Well, let me askyou this. Did she lie about it?
Yes? Why? Well? Ithink she just wanted to sell the
policy and get her premium. Andokay, so did you how much did
you pay in premium? Well?The first year was forty some hundred and

(01:13:46):
it went up like sixty percent thisyear. So why did you tell me
you didn't have any insurance loss?Did you? No? I did not,
But Mi, so what do youlisten? So right now you have
not been damaged by this, Butwhat are you calling about? I still
can't figure out what you're calling about. Well, my newsbroker falsified the application,

(01:14:15):
and my concern is looking back onmy old policy or looking back on
my current policy. Right, itsays that I do have coverage. If
a tenant moves out and I ammaking repairs to the building, it is
not deemed as being vacant. SoI've been making repairs on this building back

(01:14:38):
and forth for a year now,and my concern is if I do have
a loss, I probably won't havecoverage. That's right, you won't,
You won't, that's exactly right.However, there is something called the contestability
period in some insurance policies. Idon't know if it covers casualty property damage.

(01:15:03):
In other words, if they didnot catch mistakes they have to ensure.
We need to call again our insuranceexperts. So hold on, we're
going to get you an answer ontowhat now. Then the other question is
this, if you wouldn't be insuredand they weren't covering the risk, then
you paid for nothing, which meansyou might have you might have an action

(01:15:28):
to get your money back because youdid not get coverage even though she said
you had coverage. So there area number of things to explore here,
all right, so hang on,hang on this that what's happened to that?
She also renewed me this past February, knowing that the building was a
second and it still lists a plumbingcompany in there, and I never leased

(01:15:51):
it to a plumbing company. Well, did you know erroneously reporting a plumbing
company? No. I did notcut that until I looked at my declarations
closer, because I was worried.All right, let me ask you something.
Who is this broker that you used? Where is the broker out of

(01:16:13):
poor Colin? Well, did youever let her know that you know?
She's a phony? I reached outto her after her assistant gave me the
declarations, and I followed up withasking for a copy of my policy.
Her reply back to me by emailis I took my email one hour in
the morning, one hour in theafternoon. Any questions you have needs to

(01:16:39):
go through your insurance company, notour office. Yeah, but she's the
one that filled out your policy,your dog on, right, she is?
Well that Okay, hold on,hold on, We're going to get
compass on. I need to askthem some questions, Tom, I don't

(01:17:00):
know the answer. I don't knowif you're covered or not. This is
going to be a good question.Three oh three seven one three talk three
oh three seven one three eight twofive five. If you want solar energy,
probidenergy dot com one of the companieswe fully believe in, and they
have special financing and grants for commercialproperties as well, and of course they

(01:17:26):
will answer all of your questions.They have battery backup systems with a complete
solar system for around twenty grand fullyinstalled net to you after credits. Probid
energy dot com. Go with asure thing Denver's best roofer Excel Roofing dot

(01:17:49):
com. You don't pay a centuntil you're content. Time for an insurance
check up free, no obligation.In comparison, Hall Compass Insurance paying too
much your coverage at dozens of insurancecompanies find out now three all three seven
seven one help. You'll think you'rehis only customer when you choose Frank durand

(01:18:10):
the real estate Man dot com tolist your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martine, you're troubleshooter three
all three seven one three talk threeoh three seven one three eight two five

(01:18:30):
five. Welcome to the show.Hey Tom, welcome. You know I
uh want to ask, oh wedidn't where's compass? I wanted to get
compass on. Hold on, Tom, I'm gonna go to Dean until we
get compass on Kaschina, get mecompass, please, Dean, what's going

(01:18:51):
on with chiffy lube? Well?Uh, January eleventh, I go after
work, get a little change.I'm headed to Nebraska and uh big when
wait? When did you get itdone? January eleventh? Got it?
Keep going and I head out toNebraska that evening and it's it was two

(01:19:16):
hundred and sixty miles that I drove. Get a motel, Wake up in
the morning, go to start mytruck, twenty twenty one gmc thirty five
hundred diesel, and here at gurglingsound and all the oils pouring out of
the oil filter. So why geta tow truck? Well, it's either

(01:19:45):
loose or the tow ring. Wasthe service place that I had a toe
to said the o ring was pinched. When they how many miles were on
it? I have eighty one thousandmiles, or had eighty one thousand miles
at that time. Okay, thenwith only two hundred only two hundred and
fifty on the oil change. Ohso that happened two hundred and fifty miles

(01:20:06):
later, got it road trip toKansas. I actually went for about five
hours later than when I got theoil change. Okay, and uh so
I've been speaking with their general Wellhold On, what did what did you?
Didn't you left the part out?Was their engine damage? That's what

(01:20:27):
I've been trying to find out.They keep Uh, they will be well
wait a minute, who you aretrying to find that out from? Well,
from Jiffy Loup. They're going torun compression tests and everything. No,
no, no, you don't letthat. Wait, bro, you
don't let the people who perpetrated itrun the jack. Yeah, that will

(01:20:47):
be stupid. Well, where's yourtruck right now? Uh? Parked at
the job it My truck's been runningfine. Okay, listen, every when
you when you went to hold On, when you went to Kansas and you
saw this major oil leaked? Howmuch oil had drained out? It didn't

(01:21:10):
drain till I turned the engine onand then it evacuated. It evacuated probably
nine quarts. How much is Here'swhat I'm asking during your trip, you
had no oil lights, no excessiveheat. Is that right? That's correct?
And then it evacuated after that thefollowing morning. Okay, nine of

(01:21:34):
how many quarts keen? So youhad one quart? And but it did
not leave your engine till the nextmorning? Correct? Then how could you
possibly have damage? You were lubricated, doesn't matter if it was messy.
It was lubricated. Now after itdrained out and you only had one court,

(01:21:57):
did you drive it after that?No? Okay? Well what makes
you think you have any damage?I don't believe I do. I'm just
trying to get reimbursed the the toeand the service that I had to take
it to the absolutely absolutely how muchdid that cost you? Two hundred dollars

(01:22:20):
in a toe and two hundred andeighty dollars for the oil change and to
clean the hole. So the oilfilter, oh ring or or gasket was
was crimped? Yes, I stillhave it? Okay, Well man,
this is this is easy. Theyowe you the money. Man, it's

(01:22:43):
just crickets. When I when Ileave messages, well, hold on,
nobody does anything. Hold on?Where have you been talking to this jiffy
loube? Where? Where in Falcon, Colorado. Is it individually owned?
Yes, that's what I was told, individually owned, because I tried corporate
when I was in Nebraska and they, okay, you had to call the

(01:23:08):
shop, so I had to waittill till that long. We're going to
give this to somebody to work on. This is absolutely acidine that they would
not. So how much you're lookingfor again, I'm sorry, let me
write that down. It's four andthey said, man, Jiffy Lubs said
they were going to eat the originaloil change. I mean, I don't

(01:23:30):
know if they're going to do thator not, but yeah, because they
did put the oil and do thework just shoddy. Albeit so for around
five hundred bucks. These guys arejerking you around, yep, crickets.
Well, it's going to be aslam dunk in my opinion to get this
money, whether it's through US orsmall claims court. But I'm going to

(01:23:50):
tell you right now, I'm goingto put somebody on it. Kachina.
Let's put somebody on. Who dowe want to put on it? Maybe
Deputy Dollar, Let's do it,Deputy Dollar. That yeah, yeah,
yeah, because I'm thinking, yeah, I'm thinking this is wrong. You're

(01:24:12):
gonna you need you need to bereimbursed, man. So I mean,
I don't see how they can saynoed these people. You know, if
people just did the right thing.Goodness, it's not like you're exaggerating or
something. All right, pictures,yeah, yeah, yeah, I mean
look, if you were looking toput them together, you would have been

(01:24:33):
it would have been way more thanfive hundred bucks. Plus you're inconvenience.
These people should do it with asmile. For God's sakes, all right,
Now hold on because we're gonna go. Uh, we're gonna give this
to somebody to work on. Ihave with me. Our attorney today is
Dan McKenzie. He is an estateplanning attorney, and we talked about creative

(01:24:59):
ways to leave properties and stuff.So if someone forms an LLC and put
stuff into an LLC, if Iput if you put an LLC, let's
say you have a business and youput the business in the LLC, that's
a pretty creative way to lead.Well, the business is already probably an

(01:25:20):
entity, right, so can youbring on your airs as is it possible
to bring on airs into that LLCthat take on more power after your death
without doing it as a trust inother words, can you write the LLC
that way? Somebody wanted to know. Yes, Yeah, you've got your
operator, you're inte and specifies whathappens if one member passes away. So

(01:25:43):
really, it is kind of Idon't want to use the word trust,
but it is kind of like atrust. Oh. I compare them all
the time. It's an entity untoitself, and to me it sounds almost
like a cleaner. I'm not tryingto say it should take the place,
but it's a pretty clean way ofdoing something. Yeah, I mean the
benefit of trust is you have aperson in charge who's going to do stuff

(01:26:03):
and make sure things happen and WELLLCyou can have disagreements between members and be
hard to resolve. Okay, Butwith a trust you have a trustee.
Is that what you're talking correct?And you're the trustee while you're alive and
then it goes to someone else.But what's how do you pick a trustee?
Though? It's got to be someoneyou truly trust. Yeah, that's
a big job it is. Now. Now, do trustees get paid?

(01:26:27):
We always say yes in our documents, but it's a reasonable compensation. So
so can a trustee then be abusive? To the like, Okay, let's
say you have a niece, anephew, a son, a daughter,
a sibling, somebody to be yourtrustee. Yeah, what's to assure you
that they're not going to want toomuch? They have to account to the

(01:26:49):
beneficiaries. They have to tell themwhat they're taking, and if the beneficiaries
think it's unreasonable, they can potentiallytake that matter to a court. Can
they reappoint another trustee? Ends onwhat the trust document says, so there
could be a way then to removethe trustee of the trustee becomes abusive.
Yes, but do you feel that'sthe only Really if you think about it,

(01:27:14):
asking someone to be a trustee withoutbeing paid, it's kind of weird,
even if it's a relative right.I mean they're yeah, they've got
a right to be paid if they'redoing all that work. Yeah, so,
I mean it's part of the trust. Do they need an expertise to
be a trustee or just trust?No, they don't. I mean most
don't have any expertise. Can Idesignate a law firm as a trustee?

(01:27:36):
Yes? Do you recommend that ornot? You know, we've got a
number of professional seducaries that we recommendand one of them is a lawyer,
but she's not doing that in herlaws. Again, though, this is
not the same as a public administrator. Right, no, right, because
public administrations over the years have beenhave been terrible, and I mean,

(01:27:58):
in my opinion, they've been terriblefor estates, terrible. If the siblings
can't get along and they end upgetting a professional administrator, you may as
well say, well, we justpissed away a ton of money. Because
to me, public administrators, Idon't know if they have a fiduciary,
but it seems to me like theydon't because it seems to me like it's
always their interest first. But whatis the technical technicality of a public administrator,

(01:28:25):
which, by the way, islike your personal representative when you can't
get anyone else to do it inyour family because they're not getting along.
So do public administrators have a fiduciaryto the estate? Yes? Always?
Yeah? Okay, Now, withoutnaming names, without getting specific, you
and I both know that that isan area in the law where there's a

(01:28:47):
lot of abuse. Sure, yeah, okay. Is that because the airs
don't know enough to to fight it? Yeah? I mean, public administrators
are usually getting appointed where there reallyisn't a clear option. I mean,
somebody's passed away, there's not reallyany close family, and there's real estate
sitting there. You know, nothing'sbeing done with it, and somebody's got

(01:29:08):
to get appointed to do it.And Affrey County has a public administrator who's
kind of on call to do thosekinds of things, and so there's a
little bit less I mean, Ithink the court's going to watch watch that
pretty closely, more closely than theywent in a normal estate. But yes,
because the beneficiaries are little bit moredetached in those situations than they usually
are. Three three seven one threetalk Now, I'm going to come back.
I'm sorry, Jeremy, I didn'trush. You were there so quickly.

(01:29:30):
We're going to come back to Compassand ask, then, what do
they think about this insurance situation,with this commercial operation, Tom could have
been screwed. I want to asktheir opinion right after this, go with
a sure thing Denver's Best Roofer ExcelRoofing dot com. You don't pay a

(01:29:55):
cent until you're content, wait topof it. Time for an insurance check
up free, no obligation. Incomparison, call Compass Insurance paying too much
your coverage at dozens of insurance companies. Find out now three all three seven
seven to one help. You'll thinkyou're his only customer when you choose Frank
durand the real estate man dot comto list your home with Remax Alliance three

(01:30:17):
all three nine two zero sixteen twentytwo. Hey Tom Martino here three three
seven one three talk three O threeseven one three eight two five five.
All right, Now, Jeremy iswith Compass Insurance Group, and we have

(01:30:39):
a question. I want to laythis scenario up for you. Jeremy,
Tom had a marijuana grow in oneof his warehouses he was renting out,
and he had to have special insurancefor that. Have you heard of that,
Jeremy, That regular insurance doesn't likedoing that. Yeah, it's typically
a high risk, all right.So now that his tenant was leaving,

(01:31:03):
he's got to make a lot ofrepairs to bring it back to the way
it was supposed to be, youknow, like after the grower. Right,
And in the meantime, he wantedto get new insurance, and he
explained to the broker, I'm nolonger going to do you know, any
marijuana, which is fine, okay. So therefore that's where they stand.

(01:31:26):
Right. Well, he now wascurious about his insurance. So as for
a declarations page, this is abouta year after he bought that insurance,
and the declaration shows that she's notThe broker did not list it as vacant

(01:31:49):
being worked on by him, whichis I think acceptable, But it shows
that it as being rented out toa plumbing contractor Is that right? So
far? Tom correct? So hewants to know a couple things first and
foremost, if he has a loss, is he covered? Are they going

(01:32:11):
to say she lied and by himacknowledging, I think, do you have
to sign a dex page or something. I don't know if they're going to
say this is not going to becovered? And has he been paying four
thousand dollars for nothing? What areyour thoughts on this? Man? Yeah,
I mean it could potentially be aproblem for him. Is there a

(01:32:32):
contestability period that in casualty insurance likethere is with life and health? It
doesn't work the same way, butthere's a big difference between. You know,
if he had emails to her sayingexactly what it is that he's doing
and the broker wrote it incorrectly,you know, there's a big difference between

(01:32:54):
that in the first year and thereisn't a tenth year, right, So
if if it's something where he hasproof that he can you know, show
it's like, hey, no,I was very upfront and what I'm doing,
there's probably going to be more ofan issue for the broker by certainly
something he's going to want to getfixed. And you know, especially if

(01:33:15):
that company he's with it doesn't dovacant homes or there's any issues with it.
It's not a home, it's awarehouse, but you know what I
mean, or warehouse. I'm sorry, warehouse you he could potentially have issues.
So I think the best thing todo is, you know, fix
it moving forward so that he doesn'ttake that risk. Okay, problem right

(01:33:38):
now? The only fix come thisyear upon renewal. I reached out to
four or five different brokers for quotes. All of them told me the only
thing they could write me up foris a high risk vacant building. And
why it would be Why because becausetechnically it is vacant. But the only

(01:34:03):
caveat that I had in my backpocket was under my current policy, it
states if a tenant vacates you stillhave coverage if you're making repairs to the
building. Yeah, but she's notreporting that. She's reporting it as And

(01:34:24):
here's what I think they mean.I don't think they mean you get insurance
while you're making repairs. What theymean is if you have a tenant and
they move out, you can makerepairs. I don't think they want to
accept it from the get go asa vacant building where you're doing repairs.
Isn't that right, Jeremy, Yeah, that's correct. I don't think you

(01:34:47):
have coverage. Tom, Neither doI, And so Jeremy. If he
wanted to get coverage right now ona building, how severely damaged is it
right now? Tom? Oh,it's ninety percent ready for sale, ready
because I've spent a year back andforth from Saint Louis. Okay, then

(01:35:09):
Tom, then it is a vacantbuilding. That's correct. Except the policy
that she wrote me. I'm nottalking about that policy. It's useless.
We're talking about getting a new policy. It would be for a vacant building.
Jeremy, and that, Jeremy,that's not an issue. That's not

(01:35:30):
an issue getting a policy except forthe cost. My question is for the
first year and this renewal on Februaryfirst, I believe they owe me that
money back. Well, I kindof think they do too, Jeremy.
If don't you think he could goto the insurance commission or something. I

(01:35:50):
think he's been paying for something wherehe didn't have coverage. You certainly can
try. I mean the problem isit's you know, if they come back
and say, well, we wouldhave covered it, and and I know
what is going to be. I'mnot saying that's right. I'm just saying
you don't know if they weren't goingto cover it. So had he made

(01:36:13):
a claim and it wasn't covered,how much? How much he's paying around
four grand? How much do theywant for the vacant building coverage? Tom
it jumps over six thousand of poundrenewal on February first. What is the
what is the what is the buildingworth? About? How big is it
one point twenty five it's going onthe market for? And how big is

(01:36:35):
it? Five thousand square feet?So, Jeremy, does that sound six
grand for a vacant building? Doesthat sound like a lot? No?
I mean it is a lot,but not for the market right now.
That's that's Okay, okay, ifa broker, if a broker binds me

(01:36:57):
under a vacant building, it's goingto be between eight nine thousand. Oh
oh oh, because you ought toget Compass Insurance group. You ought to
have Compass quote you on it,just for the hell of it. Well,
and that's why I'm thrilled to beable to get in touch with you.
I've been back there a month andI'm driving to Saint Louis right now

(01:37:20):
and it's worth day all the timeI've been on hold just to get your
piece of advice, and I willcertainly. Well, here's what I want
you to do. I want youto call Jeremy at at Compass Insurance.
These guys are great. I've knownhim for so many years. Just call
him for the hell of it.They represent twenty six companies. They'll let

(01:37:41):
you know in a heartbeat. Imean, these guys are just legit.
Three all three nine nine six ninethousand three all three nine nine six nine
thousand Go with a sure thing Denver'sbest roofer Excel Roofing. You don't pay
a cent until you're content. Timefor an insurance checkup, free, no

(01:38:06):
obligation in comparison, call Compass insurancepaying too much your coverage at dozens of
insurance companies. Find out now threeall three seven seven to one help You'll
think you're his only customer when youchoose Frank durand the real estate man dot
com to list your home with RemaxAlliance three all three nine two zero sixteen
twenty two. Hi Tom Martino herein three oh three seven one three talk

(01:38:32):
three A three seven one three eighttwo five five. So we're talking about
a state planning, estate plans andvarious ways to leave property, art,
businesses and things. We talked aboutthe trust, which is a legal document
that dictates what happens to your stuffeven long after you die. Now,

(01:38:57):
can you make a trust? Thisis a composite of a text question or
two because they're like too long toread, but in essence they want to
know, can you make a trust? As I've said before, I've said
this before, I'm home, I'mright that not only controls what happens to

(01:39:20):
your stuff through death and beyond theestate, but for the lives of your
errors in the trust? Can thathappen or Dan? Does it have to
be just for that one generation?For you? I mean, in other
words, Can I leave things tomy children in a trust and dictate how

(01:39:44):
they use those assets their lives fortheir lives or does that trust have to
expire after a certain time. Itdoes have to expire after a certain time.
It does pretty long amount of time, like how much son, No,
there's a there's a statute. Thisis a crazy lesson in law school
called the rule against perpetuities that preventstrust from being going on forever, and

(01:40:06):
lawyers figured out creative ways around that, like now colrade as a statute.
It's got to end like in athousand years, and it's got a very
long time. So you can literallyhave some assets and a small fortune or
a big fortune whatever. Yeah,and control how it's doled out for the
entire life of your children. Yep. And even beyond that, yes,

(01:40:27):
do people often do that or justuntil the kids maybe get to a sane
age. Yeah. In my experience, most people seem to think after about
forty kids should be done with trust. There are reasons that they're wrong about
that. I could go into Butnow, does a trust then if it's
a revocable trust when you're alive,is it still a revocable trust when you

(01:40:48):
die and they take over. Nowit becomes irrevocable. Yeah, because if
they could just revoke it, wewouldn't do this right, Okay, So
when it becomes irrevocable, then youget to say when it ends you do
correct. Can all the people gettogether and decide when it ends they can
petition the court? Yes? Yeah, or there could be provisions and trust

(01:41:10):
insign here's some as says, now, this is very interesting. We have
more coming up on this, andyour calls at three o three seven one
three talk or three oh three Martino. Go with a sure thing Denver's best
roofer Excel Roofing dot com. Youdon't pay a cent until you're contenth time

(01:41:30):
for an insurance checkup free, noobligation. In comparison, call Compass Insurance
paying too much your coverage at dozensof insurance companies find out now three oh
three, seven to seven to onehelp. You'll think you're his only customer
when you choose Frank durand the realestate Man dot com to list your home
with Remax Alliance three oh three ninetwo zero sixteen twenty two news need ad

(01:42:00):
You don't have come running just asfast as we can. Shoot's gonna help
come Man Dix is the Troubleshooter Show. No, Tom Martino, Hey Tom
Martino here, Welcome to the show. Three O three seven one three talk
seven one three eight two five fiveis the studio number, and the Troubleshooter

(01:42:25):
number twenty four to seven is threeoh three Martino three oh three six two
seven eight four six six. Whatdoes that mean? That means you can
call that number and if we're notthere, you leave a message and we
will get back to and get youon the show. SEVI have a problem,
question, you complaint? Call usa lot of interesting topics today.
We have Dan mackenzie with us fromcoplans dot co, which is this website

(01:42:50):
for estate planning also eight three threecoo plans, and we were talking about
a number of things. When itcomes to leaving your stuff behind for airs,
you can do a trust, andyou can do an LLC, and

(01:43:15):
that LLC can survive death with anoperating agreement. That can pretty much spell
out some certain things. Now let'stalk about trust. Why would someone do
an ear revocable trust. Why wouldthey have a trust that can't be changed?
I just don't understand that. Yeah, the concept usually they are trying

(01:43:39):
to get some assets out of theirestate for estate tax purposes, or they
are trying to get some asset protectionand trying to get assets out of their
name so that if they get suedor get a creditor, so they normally
a target or something, or dothey anticipate being a target them? Yeah,
that can happen. Yes, Sodoes that irrevocable trust truly become there?

(01:44:00):
Irrevocable? I mean they don't havecontrol over it. There's a lot
of things you can do to slipin ways to give them some protection or
some ability to keep keep the amendingthings. But the more flexibility you give
yourself, the easier it is foryour creditors to pierce it. Now,
if you have an irrevocable trust,can it be used to shit to shelter

(01:44:23):
you from liability. It's possible.It's got to be set up in a
state that has a statue that allowsat and Colorado is not one of those
states. So there are states wherethey will let you do a self settled
trust, a trust for your benefitwith your own funds, and also still
qualify as asset protection. What doesthis? What does that mean? Self

(01:44:44):
settlement trust you're creating the trust,you're putting your assets into it, you're
potentially benefiting from that trust. Andyet they're going to say it's protected from
creditors and so state, they don'tdo that here. Okay, and it's
a you know, so are youseeing an irrevocable trust here? It does
not protect you, not for assetprotection. No, no, no.

(01:45:08):
If you're putting your own assets inthere and you're creating it, like,
no, you gotta go to astate that has a statue. Wait a
minute, Then am I allowed togo to another state if I live here?
Sure? Wait a minute. Soyou must have people then that come
in and say, Dan, Iwant to protect my assets in an irrevocable
trust. And then you say,we have to do it in another state.

(01:45:30):
And that's totally legal. Yeah.And when they go to another state,
they don't have to be a resident, they don't have to establish residency
or anything. No. I meanthe each state has its own requirements for
what needs to be done. Youprobably have to have a professional trustee in
that state. So state's like Nevadaand Wyoming in South Dakota have entire industries
now set up. Okay, trust, if you go to those states,

(01:45:53):
Yeah, and set up an irrevocabletrust. It cannot be touched by creditors.
A lawyer is never going to anythingthat definite. It's it depends on
when you set it up, whenthe creditor came. There's rules, so
it's not ways for seven years.I know their look backs. But let's
say right now, I set upan irrevocable trust in another state where they

(01:46:15):
allow credit protection, credit or protection. Yeah, and I don't have any
problems in my past and something comesup. Now, that's a strong case,
right, But people ask me,can I be sued if it's like
the answer is yes. And thenthe problem with these domestic trusts and why
people continue to go off short toplaces like the Cook Islands or whatever else,

(01:46:36):
is because we have the full faithand credit class the United States Constitution
saying that each state is supposed togive full faith and credit to other state's
judgments. Right, So there's stillnot entirely settled as to whether these trusts
really work in every circumstance, it'sstronger to go offshore, but then you
got even more hassle. Now we'retalking about protecting someone someone's assets from creditors.

(01:47:02):
But can they still use the assetsput in irrevocable trust. Obviously there's
restrictions, right, So you haveto have this other trustee because they have
to have instructions about when they're providingthese assets. Right, So you can't
just go in there and grab themand say, you know what, I
don't I need the money, soI'm taking it. No. No,
I'm saying using it like a bighome. Can you continue to use that

(01:47:24):
home in irrevocable trust? Yeah,yeah, there's place to do that.
Yep. What about the really wealthythat have a yacht, I know,
Yeah, you can put that inirrevocable trust and then you can still pretend
you own it, do everything youwant on it. You can still use
it. Yeah. Do you haveto pay for the use? That probably

(01:47:47):
is part of the price, Yeah, to make it look like, yeah,
I don't really own this thing anymore. Now I'm borrowing it from my
trust and I'm paying rent like Iwould to any other person who owns this
asset, and then that goes tothe assets of the trust. Correct.
Okay, but you're saying if that'sdone in another state, it's still possible
that that other state can let itgo for creditors if you belong in a

(01:48:09):
state where they don't allow it.Correct. I mean there's I mean there's
Supreme court cases now where people arechallenging these things. Right. So yeah,
yes, Now when they go offshore, isn't that risky If let's say
just take the yacht example. Yeah, they put a yacht in irrevocable trust,
they get sued or they want theyor whatever somebody wants something? Can

(01:48:33):
what what is so powerful about thatoffshore trust? So again, places,
certain places, the Cook Islands hasbeen very popular lately have statutes saying we
do not honor the judgments of otherjurisdictions. We are not taking judgments from
the United States. Can they orderyou if you were that you can't be

(01:48:54):
the trustee of an offshore trust?Can right? Not? Right? Yeah,
because if you were a trusrustee couldin your own state order you to
release the property? Correct? Soon purpose, it's another trustee in another
country that you don't control, right, But you're giving them the instructions.
So you know you've drive, youknow you've been partner. But what's to

(01:49:16):
keep somebody from Cook Islands? What'sto keep fraud from going how do you
protect yourself if it's not the fullfaith and credit of the US. If
you have an offshore trustee who livesin the Cook Islands and who cares if
they're an attorney there, it's theCook Islands, it's not the US.
I mean what I'm saying, I'mnot trying to insinuate that they're not ethical,

(01:49:40):
but how how truly do you protectyourself? Are these trusts? What's
to keep a government saying we're nolonger going to protect you or or you
know, in other words, youcan't help but believe if a one hundred
million dollar yacht is sitting somewhere,that that trustee couldn't be tempted to use

(01:50:01):
it or whatever. Yeah, Imean you definitely want. Yeah, you
need a jurisdiction where it's like,you trust it, it's stable, the
laws seemed well drafted, and andthat's where a lot of Americans go,
as the Cook Islands. That hasbeen a very popular place lately. You
know, it used to be Switzerland, of course, you know Switzerland now
I think has been I'm ashamed,no, no, but so some governments

(01:50:27):
are almost forced by pressure into cooperatingwith the US. I mean I feel
like, I mean care, Yeah, they yes, they care, yeah
they yeah, they do care.They do not care? Right, yeah?
Okay, So what kind of whatare the Cook Islands? Are they
normal free society? It's like avery very small little chain of islands,

(01:50:48):
and they made it a whole industry. They would you say, there are
a ton of trust there, You'rewelcome. I'm sure there are. Yes.
Interesting, is it illegal for youUS attorney to set up someone out
there? Oh? No, it'sillegal if we are trying to evade creditors,
right, I mean you really Butif you have no danger in your

(01:51:08):
horizon or in the past and youdo it, that's fine. Correct,
You're free to do it. Yes, my predecessor on the show, that's
what he does, Blake Harris,Right, Yesla Harris, Yeah, that's
what he does now, Cook Islands. Now, following that vein, what
if though you had a depreciable propertyfor your business and you put it there,

(01:51:30):
you can't continue to take the benefitof depreciation and all that on something
that you no longer own. Right? That seems unlikely to me? Right?
So yeah, probably not. I'mnot a tax No, you're doing
and you're doing a logical thought thatif it's not yours anymore, then you
don't get to depreciate it. Yeah, it's really going to be treated like
it's not yours. If it isyours and it was in your business,

(01:51:51):
like the yacht, and it's fullydepreciated and you sell it for a dime,
you got a dime of gain.Now you're not a tax guy.
But theoretically when you put it intothe trust, does it have to be
assigned a value? Yeah? Imean you're usually gifting assets over or selling
them to the trust for fair marketvalue of some sort. So yes,

(01:52:13):
there usually is some sort of appraisalprocess. So I'm curious if you had
a fully depressiable asset if you giftedit to the irrevocable trust in the Cook
Islands, if there would be ataxable event on you because you had fully
taken its depreciation. That is avery complicated question. Yeah, and you

(01:52:34):
work, I imagine with tax attorneysand accounts on that. Yeah. When
you're doing these kinds of trusts,the financial advisor, the accountant, like
it's a team effort here. You'renot just you know, with a vocal
trust of course, can change it. So if you do make a mistake.
Usually it's quite fixable. You're verynow that all of this is very
fascinating to me. Of course,I don't have that wealth where I would

(01:52:55):
have to worry about Cook Island trustsor stuff like that. I mean,
I can you were people. Doyou think the very very very very very
wealthy the multi multi billionaires routinely havetrust or not. They definitely do.
And the amount of wealth you needto make these worthwhiles less than you think.
Okay, because it's really they're trulywealthy. You probably have more protection

(01:53:17):
they don't, you know, likeif Bill Gates probably gets sued a thousand
times a year, if he losesall them, they probably would not have
any impact on his life. Isee what you're saying. So it's really
those in between people. Yeah,the people, I mean, two million
bucks can make it kind of interestingto a potential plans. Okay, I
see what you're saying. Bobby,you have a question. What is it?
Bobby? Thank Tom, longtime listener, Thank you, Bobby. What's

(01:53:43):
happening? I just had a quickquestion. I was Unfortunately, I'm going
to file for divorce and I amalso going to look for a house at
the same time. I've been lookingfor him, but my wife has like
she's not even part of it.You know what I mean, be on
the lease or I mean as themarket. I'm going at a holl on

(01:54:04):
my own. Yeah. Should Ipurchase the house? Uh? After?
Should I get your word? Oh? That is such a good question.
Hang on, we'll come right backto you because I'm running late and I
want to I want to take thetime to answer that. It's good that
you called before it happened. ThreeO three seven one three eight two five

(01:54:25):
five. Go with a sure thingDenver's best roofer Excel Roofing dot com.
You don't pay a cent until you'recontent. Time for an insurance check up
free, no obligation. In comparison, call Compass Insurance paying too much your

(01:54:46):
coverage at dozens of insurance companies findout now three all three seven seven to
one. Help. You'll think you'rehis only customer when you choose Frank durand
the real estate Man dot com tolist your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hey Tom Martino here, three oh
three seven to one three talk sevenone three eight two five five Denverregen dot

(01:55:11):
com has the Semiglue tide in acompounded form. You can get right away
two hundred and fifty bucks a month. Compare that to fourteen hundred bucks a
month for brand names if you caneven get it Denverregen dot com. All
right, So Bobby, you havecalled at the right time, and that
is of course before it's a problemand you want to know you're you're filing

(01:55:33):
for divorce. Now here's the thing. When you say filing for a divorce,
when will you be doing this?And does she know it? Yes,
she does. We're both in agreement. Yeah, so she does.
Okay, do you guys own ahome right now? We do not,

(01:55:55):
And that's the second question. Weare leasing, and we've been leasing for
at least three or four years atthis rental unit. And also I listened
to you a lot, and youknow, the first few years we had
a written assigned contract, and thenafter that it was just because our landlord
is out of state, so Iwas just making payments through Venmo to her.

(01:56:15):
So you no longer have a lease, is what you're saying. Well,
yeah, from what you said,And then doesn't it turn into just
thirty days since after you know whatI mean, you don't. It depends
on the original If the original listen, if the original lease required sixty days
notice, then the new month tomonth would require sixty days notice. Everything

(01:56:39):
in the previous lease would be enforcedin the month to month. So but
then they could say, well,now you have a new month to month
and change that. But if theydid not do that, most of the
terms and conditions carry over. Sodo you have a thirty day notice on

(01:57:01):
the previous one? I would haveto look at our concert, my leaf,
whatever it is, is what youhave. So if you have so,
so just but here's the deal.Always check with an attorney on a
legal document, because I don't haveprivy to that and I'm not an attorney.
So, but look at your yourlease. Now, once you get

(01:57:27):
out of that. If you letyour wife assume it and stay there but
you're still on it, you're hooked. Even if the courts say she gets
the apartment. The courts can sayone thing, but divorce decrees do not
have to be honored by creditors.Do you understand that if they split up
a credit card in the courts,that doesn't mean the credit card company can't

(01:57:48):
still come after you. They can. A lot of people make the mistake
of thinking that a court order fromdivorce iners upon the creditors. It does
not. Okay, now that's firstthing. Second thing, if you're gonna
buy a house, you can't doit until the divorce is final, because

(01:58:11):
otherwise it's going to be marital property. Now, okay, good. When
you file for divorce, there's anautomatic stay on finances, meaning that everything
freezes and you really can't make majorpurchases, or if you do, they're
subject to being part of the divorce. So I mean I would not do

(01:58:34):
it until it's final. Ah,So that's great, great advice, like
I said. Now, of course, like I said, if you're if
you know, you want to gowith an attorney, if you're gonna do
this, right, are you guystrying to do this divorce on your own?
Oh yeah, it's gonna be probablyto mediation. I mean we have
Okay, that's good, hold on, that's good. Get an attorney mediator.

(01:58:57):
Okay, an attorney media can mediateand if you both don't have attorneys,
that's fine. They one attorney canmediate and then in addition to mediating,
they can write it up. Okay. Okay, So that's a good
thing and it will save you aton of money. Okay, So I

(01:59:25):
love I love that you're doing it. In fact, I have a recommendation
for you. His name is LawrenceKing. Okay. Now, he's a
great guy. He's an attorney mediatorand it's called divorce resolutions. Okay,
now let me tell you something.Divorce. Yeah, divorce resolutions. He's

(01:59:48):
not on my referral list. Butthe guy's a great guy and he's we
don't really have people that do mediation. Well we kind of do and kind
of don't. They They mainly do. They mainly do divorces. But anyway,
Larry, that's all Larry does.That's all he does. So here's
what it is. It's three ohthree six five zero seventeen fifty. Now,

(02:00:19):
if one of you get an attorney, it can be really weird.
So if you either both get anattorney or both don't have an attorney,
is fine. But so that's whatyou really want to do is file there,
save yourself some money. Okay,call today. I mean that's one

(02:00:43):
thing you taught me, like,don't do nothing, don't unless you know
what I mean. Calls it first, yeah, yeah, call. In
fact, it's yeah, you wantto do that. Now, He's not
going to talk to you alone,So when you call, you just say,
look, I'm calling for both ofus, and you know because he
won't talk talk about your case withyou alone ever, so you don't ask

(02:01:05):
him, for example, should Iwait to buy my house? He cannot
give you advice on that. Hecan only help you with stuff you guys
already have and want to dispose ofwhen you eyes are together. That's what
mediation is, Okay. Otherwise youcreate a conflict of interest and it spoils

(02:01:26):
the whole relationship. Okay, okay, sure thing, And I wish you
well. I hope everything goes well. Sorry, this is happening, I
guess, but sometimes it's inevitable.Three oh three seven one three eight two
five five. Now what's your questionfor mackenzie, For Dan McKenzie, Steve,
what do you have? So myfather left my brother and I a

(02:01:53):
condo and a trust that goes onforever and never and never. My brother
go with a sure thing Denver's Bestroofer Excel roofing dot com. You don't
pay a cent until you're content.Time for an insurance checkup free, no
obligation comparison call Compass Insurance paying toomuch your coverage at dozens of insurance companies

(02:02:17):
find out now three all three sevenseven to one help. You'll think you're
his only customer when you choose Frankdurand the real estate Man dot com to
list your home with Remax Alliance threeall three nine two zero sixteen twenty two.
Hi Tom Marks, you know you'rethree oh three seven one three talk
three oh three seven one three eighttwo five five. Let's talk. What's

(02:02:42):
going on in your life? Janice? What's happening with your employment? What's
going on? Janis? I'm agig worker. I drive for a company
and I'm contracted through them. AndFriday I went to clock in and I
received the text saying that I neededto check my inbox. So I did
and it was a termination email immediatelyaffected immediately and that I've been dealing from

(02:03:08):
who from the from go puff?What is that? It's a delivery service.
We deliver anything, Okay, orderwithin Oh really so they deliver any
They basically deliver anything. Yeah,pretty much. At my facility I work
at, we don't do alcohol,but we do tobacco. And vade to

(02:03:30):
the morning after pill and everything inbetween. Wow, So so okay,
So anyway, you just simply gotnoticed one day you're no longer with us,
right, and they they gave areason. What is it? Theft?
Theft area they're accusing you of stealingand multiple occasions I have engaged in

(02:03:59):
this activity, they say, Andwhat do they give specifics? No,
and they won't give me any information. And everything's done through email, they
have no phone contact. But yetthey give me the right to appeal and
dispute it in one hundred and sixtyeight hours to do that. But yet
I don't know what I'm disputing myor defending myself against. That's so weird,

(02:04:24):
like like you have no idea,like could it be? Like how
does it work? Like uber orlyft? I don't really know because I
don't know those those situations. Thisis what happens is I'm congress, Well,
what do you mean how do youget your gigs? Tell me how
it works. I'm employed by thiscompany called go Pop who I'm contracted with

(02:04:48):
GP Logics LLC. And that's whomy contracts with. But my dealings are
all done with go Drive. That'sthe app and everything is done through the
app. And I go to thewarehouse where I normally work. You can
work on ten ninety nine, soI can work three two other warehouses.
I work just one in Westminster.And you go there, you clock in

(02:05:13):
and then you wait, wait,do you have to go physically to a
location to clock in? No,you through the app, but you have
to be so close to it toclock in? Well, so close to
what? What do you mean soclose to the facility? Oh? Really?
So so what why why do youhave to be close to this facility?

(02:05:35):
That's not where you pick up yourstuff, is it? Yeah?
Oh, so you to make deliveriesjust for one supplier, for a one
warehouse. Yeah, that's what Imean. And at this warehouse they have
all of the products they deliver.It's like being for an Amazon place.

(02:05:57):
I mean it's one warehouse. Yeahyeah, okay, God refer to it.
Yeah yeah. And so I youclocked in and then you're receiving an
offer via text to the app,and you accept it or you don't accept
it. You accept that. Yougo in, you scan the order,

(02:06:18):
which is usually bagged because we pulledanother product. It's all pulled for us
and bagged and everything's ready to go. My job is I tick it up
and I deliver and that's okay.And then one day they said you're gone,
so are they? Well, Janice, have you ever stolen anything when

(02:06:39):
you were at the warehouse? No? And I've never stolen anything from a
package in my vehicle from the warehouse, and I've returned everything that's been canceled.
Well that's your defense. Then you'dsimply say you have never ever taken
anything at all. I have saidthat and everything, and then they tell
me that, and I would likeI asked them about an investigation, because

(02:07:02):
well to appeal, right, youasked them to appeal and what did they
say, right? And they saidthey don't. Let mean, I took
notes because it's all in emails.Sure it says a material reach in the
Greek that they don't discuss internal investigationsare termination or post termination things. But

(02:07:31):
yet we're going to appeal it.But then they give me the right to
appeal it. I'm so confused.I'm so in shock. I don't blame
you, but man, I mean, it would have been better for them
just to say we don't want youanymore, or where you don't measure up
or something. In other words,why did they go ahead and give you

(02:07:53):
a reason like that? That's crazy. Yeah. And here's another thing,
Tom, I've worked there four years, over twelve thousand deliveries under my belt.
Oh, I've never even heard ofthis place. So by the name
of it Go Puff, I canassume they only deal with marijuana and vaping
and all of that stuff. No, no, no, no, we

(02:08:18):
don't do any marijuana. They dowell, I don't mean marijuana itself,
but the paraphernalia I don't know.Well, do you sell vape pens?
Do you sell vape Do you sellthose? Okay? And then you sell
all of the vape juices? Yeah, I believe, so we sell what

(02:08:39):
they Yeah, and you sell.It's like a huge truck stop. Do
you want? You can get there? But when you go to that is
there any Are there any people atthe warehouse you can talk to? Yes?
And no. Because they are employeesof Go Puff. They're totally different

(02:09:03):
than what we are there, causeGo Puff and go Drive are two different
things because we're independent, of course, but not all of us are independent
drivers. But they can't tell usanything. And there's a manager, but
they manage at least two other facilities, so they're never there and there's no

(02:09:24):
ship leading there. Where is godrive located? It's an app, It's
in Philadelphia? And is that whereyour email's coming from? The go drive
people? Go Puff support or goDrive? Yeah, well, which one
is it? It's let's see,I don't know. I should check then,

(02:09:48):
all right, listen, I gotto take a break. Janis.
I don't want to cut you loose, unless I mean I would like to
try to find out. Yeah,well, hold on, real quick question.
Are there any phone numbers for thesepeople? Nor? Thanks? All

(02:10:11):
right, hang on, hang on, and Kaschina Kachina. I want to
get her back on tomorrow where wecan ask people if they've had similar experiences,
because we're getting toward the end ofthe show and I want to take
Frank right after this. I'm TomMartine Go with a sure thing Denver's Best

(02:10:31):
roofer Excel roofing dot com. Youdon't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
Compass insurance paying too much your coverageat dozens of insurance companies find out now
three O three seven to seven toone help. You'll think you're his only
customer when you choose Frank durand thereal estate man dot com to list your

(02:10:54):
home with Remax Alliance three oh threenine two zero sixteen twenty two. Hi
Tom Martino, your troubleshooter three zerothree, seven to one to three talk
Frank, go ahead, what's goingon? Frank? Tom? I know
you address this before, but I'mwant to ring it up again because I

(02:11:16):
got a letter from Excel Energy Bigso did I, So did I.
They're offering these home warranties again.Exactly, they suck. What do you
can you believe that? Though Imean I believed they want to make money,
I can believe it. There's nothingwrong with those. But here's the
bottom line. They will not tellyou what is covered or not covered until
you have a claim. Look,it's the same with every single every single

(02:11:41):
appliance or home warranty is the same. They suck because and again you can
call back and we can get youon tomorrow. But they make you pay
based on what you have in thehouse, but don't tell you if it's
covered or not because you have towait for it to break down for them
to evaluate it. To see ifit was pre existing. By the way,

(02:12:05):
Dan mackenzie Mackenzie Law COO plans dotCO. Don't forget three O three
Martino Call twenty four to seven