Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:05):
Ripped up news, so you don't have come run in
just as fast.
Speaker 2 (00:14):
As we can.
Speaker 1 (00:16):
Shooter's gonna help coming.
Speaker 2 (00:19):
Man Dix is the Troubleshooter Show. No Tom Martino, Hey, hey, hey.
Speaker 1 (00:26):
Tom Martino here, welcome to the show. Three oh three
seven one three talk seven one three eight two five five.
I think's brother brother Mark and sister sus are tied
up with insurance issue. Nope, nope, Oh here for forty
five minutes in the insurance company shows and you're gonna
do you think you'll have a battle? What is it about?
Speaker 3 (00:46):
Let's let's it's interesting. So we had an issue. I
hired Matt our public adjuster. He got it covered. But
now they're arguing over how much they want to give
me for the covered problem. So what happened is Matt
hired someone on my behalf that comes out the insurance
company hired someone on their behalf that's coming out to
(01:08):
the house, and all of us are going to get
together and figure it out today how much money I'm getting.
Speaker 1 (01:14):
It's kind of cool, okay. So that's the appraisal process.
It's the appraisal process. You nailed it, okay. Now, usually
the appraisal process is invoked when you anticipate a problem,
or had a problem, or did not like their offer. Yeah,
well that's exactly what happened.
Speaker 3 (01:31):
I claim fifty sixty thousand in damage and they're saying
it's around thirty.
Speaker 1 (01:37):
So I mean that's a big difference. Okay, three oh
three seven one three talks seven one three eight two
five five This outbrouch by water pros. Man. I'm telling
you it's it's a year end deal. Please. Now, I'm
not sure if it's going after the first I don't
think so, but you know, I hope it does softening
and drinking water so reverse osmosis, drinking water at the
(01:59):
kitchen and a whole house softening for pipes, laundry, skin showers.
It's wonderful water pros and they're both combined at thirty
one ninety five. If anyone's ever shot for water stuff,
plumbers would charge twelve to fifteen grand for stuff like this.
Waterpos dot net three three eight six two five five
five four Mark Do you notice the soft water?
Speaker 3 (02:22):
Oh, it's it's night and day. Suzanne is the one
that really loves it. I mean this sounds a little
silly for your skin, yep to the guys listening, but
she says it's the best her hair has ever been.
Speaker 1 (02:33):
She loves it on the skin.
Speaker 3 (02:34):
I always thought I would taste a difference, like it
would be salty, and of course it's not whatsoever.
Speaker 1 (02:40):
But yeah, it's it's a big difference.
Speaker 4 (02:43):
Man.
Speaker 3 (02:43):
And Paul did a really bang up job. And the
pricing was great. You know, I checked two or three
other companies. He was half the price.
Speaker 1 (02:52):
Okay, okay. There's a physician, a doctor who texted tell
Mark I love listening to him cry about Biden being
pardoned by his dad. Are these are delicious tears? Honestly,
your dumb ass soon to be president pardons so many
freaking people and you guys don't see it. It makes
(03:13):
me laugh. Now, I can't.
Speaker 3 (03:15):
Trump is going to pardon a ton of people to
January sixth people. But I need to tell that dumb doctor.
One thing I have said, Biden is gonna pardon his
son forever, and I think you can attest to that.
And on top of that, I think he should have.
What I don't like is how he lied about it.
Trump's not lying about pardoning people coming up. He's just
gonna do it. I don't know why Biden has to
(03:37):
lie about it. I think Mark's got great instincts. And
I've said it before. I mean, you've you've said things
that you just feel. And I'm talking about when it
comes to politics. Now, maybe other things too, but specifically
this last season, Dan Kapalist really has some good instincts.
Speaker 1 (03:54):
Now we have Dan mackenzie with us. Let me right
now here for those streaming you can see his pretty face.
And anyway, Dan is an attorney at law that does
a state planning. You know what, my kid moved that
camera so you're seeing an empty door and it cut
off to meet you. I'm gonna have to reframe that.
But I had a question for him. For Dan McKenzie, Yeah, Dan,
(04:17):
I do have a question. I am I'm gonna kind
of are you. Are you on cam by the way? Mark? No,
I'm not.
Speaker 3 (04:23):
I'm gonna be out of here this day. That's fine, okay,
But so what's really crazy?
Speaker 1 (04:27):
Dan?
Speaker 3 (04:27):
Tell me about this updating someone's trust. Someone let's say,
created a trust and their kids were very young at
the time. Now their kids are well over eighteen and
a lot of the stuff and the trust is just different.
So what I have found and I left a message
with you guys too. But the bottom line is there's
really no such thing as updating a trust. Well there is,
(04:50):
but what I've learned is you might as well just
create a new trust rather than pay an attorney to
go through an existing trust that could be fifty pages
when they modifications, compared to just doing it from scratch.
Would you agree with that statement or no?
Speaker 1 (05:06):
Hold on, let me turn on? Go ahead, sir?
Speaker 5 (05:08):
Absolutely.
Speaker 6 (05:09):
I mean it's like, why why go through and try
and figure out like why was this done because the
previous attorney liked it?
Speaker 1 (05:14):
Was it done because it was the law when they
did this? Yeah?
Speaker 3 (05:18):
Because you're spending all that time when you could just
start I just for sit them.
Speaker 7 (05:22):
Yeah.
Speaker 6 (05:22):
I mean the thing to understand is there's two parts
to trust planning. One is creating the trust and the
other part is actually putting your assets in the trust.
Speaker 1 (05:30):
And you don't have the hard set quite honestly, that's
very interesting. So what you're saying is why bother just
redoing it?
Speaker 6 (05:38):
Well, you redo it, but what it's called is like
if you're just if you're going to fully amend a
and replace a trust, A lot of times the way
to do it is what's called a restatement, and a
restatement is just a full swap out of the instruction.
Speaker 1 (05:50):
So the trust is the same.
Speaker 6 (05:52):
So if you did your trust in twenty ten, it'd
still be called the Mark Trust twenty ten, but it's
got a whole new set of instructions. In that way,
at least you don't have to do all the funding. Again,
let me ask you something else. I'm running up against
just ideas here. So Tom and I own a few
businesses together.
Speaker 3 (06:09):
So I would assume I would just put our fifty
percent of the business or whatever amount it is. And
this is for everybody out there, not just me, that
that into the trust.
Speaker 1 (06:24):
Correct.
Speaker 3 (06:24):
In other words, I would literally move our ownership of
the business into the trust.
Speaker 1 (06:31):
Right that is usually the case.
Speaker 6 (06:34):
You know, the operating agreements for the business will say
whether that's allowable or not.
Speaker 1 (06:38):
That's right.
Speaker 6 (06:38):
Don't want to create a situation where you have not
allowed our so many business partners.
Speaker 3 (06:44):
But here's the second point of that question though, because
we were thinking about bank accounts that are associated with
businesses we own. So the best way to do this
once again would be bam, they have ownership of the business.
Because they you know, they're in the trust and then
therefore they would have access to those bank accounts.
Speaker 1 (07:05):
I mean, does that make sense to you?
Speaker 3 (07:07):
Yep, yeah, because putting the actual bank account into the
trust would be insanity. That doesn't seem typically, that doesn't
seem the way to do it, because banks don't even
like that.
Speaker 6 (07:19):
I mean, I would remove it from the shelter that
the business is providing, so I would put it back
in your personal assets.
Speaker 3 (07:25):
And Tom, if you move everything into your trust, it's
a pain in the ass, man, It's a It is
a total pain in the ass.
Speaker 1 (07:33):
The answer is no, not yet. I have you know,
I have at a line on it. I have very
common problem doing it. Anyway, Sarah wants to talk about
dyce in. You know, I'm going to tell you something.
One of the worst investments I ever made was a
dice in vacuum. One of the best was a shark
way less way less expensive. And I will say, though
(07:57):
the dice and warranty, I was pretty impressed. I was
so pissed off at the dice in because it breaks
and this goes rather than accobed. But if you take
the time they had, they had a warranty place. I
think in Aurora or somewhere I went. It could be
in Park Meadows. Anyway, I went there and I said,
this doesn't work. He goes in the back, gets a
(08:18):
new one and just hands it to me. I mean
it's like they asked no questions anyway, Sarah, I saw
that you're calling about a dice in warranty.
Speaker 8 (08:24):
What's going on, Sarah, Well, unlike you I had, My
sharks are nowhere near the quality of the dice in wait.
Speaker 1 (08:35):
You have, you have both, you have both, I do,
I do, yes, And you don't like your shark.
Speaker 9 (08:42):
I did at first, but it seems to wear out
a lot quicker than than the diceon day Like, okay, that's.
Speaker 1 (08:48):
Yet to be seen for me. You're right, You're right,
because when I had to buy some newer you know,
I want to buy a couple or one extra for
this house. And because and so I got the shark.
So I can't talk. I can't speak to its longevity.
So what's going on with Dyson?
Speaker 9 (09:06):
So I got a Dyson last year end of November,
and I was actually so thrilled with it.
Speaker 1 (09:14):
And then what kind did you buy? If I may ask,
what kind.
Speaker 9 (09:17):
It's the V eleven.
Speaker 10 (09:20):
Yeah, I know, Tim.
Speaker 9 (09:21):
It was like one of the newest models, the draws.
It has no cord, you know, it's the cordless you know,
Church on the wall takes anywhere thing. And so in
the end of July, the dust bin on it broke
And that's exactly right.
Speaker 1 (09:39):
They did you drop it? By any chance?
Speaker 9 (09:43):
I didn't drop it, but there's no telling if one
of my kids did or not.
Speaker 1 (09:46):
You know what, here, here's the problem with those things.
They they they're too delicate. They they crack. I broke
that thing a couple of times and where it won't
close or something one of the little latin you know,
a little plastic things that click in or anyway keep going.
What happened? Then? So did your whole canister crack? That
whole dust canister?
Speaker 9 (10:07):
No, it was like some kind of a seal up
in the top. Okay, a little red piece.
Speaker 1 (10:13):
I know what.
Speaker 9 (10:13):
You immediately called dice in when it happened. And the
lady I spoke to was really nice and she verified
the problem, uh with a video call, so she knew
exactly what was wrong.
Speaker 1 (10:25):
Yeah, and she.
Speaker 11 (10:26):
Said, unfortunately, the part that you need is out of stock.
So call back in.
Speaker 1 (10:33):
A couple of weeks. Is it the red thing? Even
when you take out there's a little filter on it.
Speaker 9 (10:39):
Yeah, so the red thing isn't supposed to come off
of the canister, but it had popped off and there's
no way to put it back on. It looks like
you can, but you cannot.
Speaker 1 (10:50):
Okay, all right, So right now, when did this happen?
When did this happen?
Speaker 9 (10:56):
So it broke in at the end of July and
the part wasn't in, and they told me a call
back in a couple of weeks to see if it
was in, and it wasn't. So they said, great news,
We're authorized to send you a new vacuum cleaner. I said,
well that's fantastic, and.
Speaker 1 (11:15):
Okay, did they did they want to know how it happened.
Speaker 9 (11:19):
I did not ask that.
Speaker 10 (11:20):
No, Okay, no they didn't.
Speaker 9 (11:23):
They didn't want to know how it had been broken.
And I think when I looked it up because I
YouTube everything to try and fix things myself, it said
it's a really common problem with that model.
Speaker 1 (11:34):
So it's okay, so.
Speaker 9 (11:35):
Bigger canister than than typical.
Speaker 1 (11:38):
Okay, so what happened then?
Speaker 9 (11:41):
So I called back and they said they would send
a new vacuum, and but I had to send in
my old one first. And I said, okay, that's, you know,
not really convenient.
Speaker 11 (11:52):
I don't have a box, you know.
Speaker 9 (11:54):
Could you send the new one and then I'll send
it back in the old and then the old one
in the new box. And I said, no, that's not
the policy. And I so.
Speaker 1 (12:06):
If we get down to the issue today, what is it?
Is it the shipping back, is it the new one?
What is it?
Speaker 9 (12:12):
So eventually I relented and said, okay, final, I'll send
in my old vacuum. So to fast forward to that part,
I took my old vacuum to the UPS store because
I did not have a box for it, and there's
a no box option. UPS store took my vacuum, printed
me at receipt and I was patiently waiting for my
(12:34):
new vacuum, and after about a week or so not
hearing anything.
Speaker 1 (12:38):
It's the UPS store, that not UPS but the UPS store,
right yeah.
Speaker 9 (12:44):
Because Dyson said, take take it to.
Speaker 11 (12:46):
It at the UPS store.
Speaker 9 (12:47):
Okay, God, So that's what I did. And then I
looked up the tracking number and it said that it
hadn't moved yet.
Speaker 10 (12:55):
But it has right.
Speaker 1 (12:56):
So this is back in July.
Speaker 9 (12:57):
We're talking Ryan, So by the time I shipped it
was August.
Speaker 1 (13:02):
So in August. Okay, so you sent back the old one?
Do you have the new one?
Speaker 12 (13:07):
I do not.
Speaker 1 (13:08):
They wanted to wait. They wanted to wait to so
they wouldn't send the new one until they got the
old one right. And let me guess, they lost the
old one.
Speaker 9 (13:17):
They lost the old EPs lost the old one. Did
you have any Dyson won't. They won't ship a new one.
And they keep telling me that I need to file
a clean you do and with the UPS clean, but
they I can't because Dyson is both the shipper and
the receiver.
Speaker 1 (13:37):
Yeah, Dyson has to do the claim.
Speaker 9 (13:39):
There's no way for me to file a clean. And
I've been around and around with UPS and the ups.
Speaker 1 (13:45):
How much was that back in about about six?
Speaker 5 (13:50):
What?
Speaker 1 (13:51):
What model? Did you say? It was? The gold model?
Speaker 11 (13:55):
The eleven?
Speaker 9 (13:56):
It's all now, but it was.
Speaker 1 (13:59):
Did you know it was that much? I don't know
the V eleven. I'm seeing them here. They're pretty cool though,
man for four hundred bug. Yeah, well you say they're cool.
I don't say they're cool. In fact, that's the one.
I don't know anyway, So right.
Speaker 9 (14:14):
Now that's extensive now because they're not the newest model anymore.
Speaker 1 (14:17):
Do you ever receipt from UPS? I do, okay, And
on that receipt, what does it show as a shipper?
Speaker 9 (14:29):
Let's see it.
Speaker 1 (14:29):
So I got it. I gotta take this break, but
I want to know. Well, she already said it, says Dyson. No,
she said that. They claim yeah, they claim it's diceing
to me either. But you're the one with the receipt.
Hold on, we'll come right back to you. I'm Tom
Martino three three seven to one to three talk this
is a pain three all three seven one three eight
(14:51):
two five five Denver regen dot com. Get your jump
on weight loss drugs at severe discounts, starting at like
two hundred ninety five bucks a month. You can get
semiglutide to zeppatide compounded Denver Region dot com. Go with
(15:13):
a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're contenth wait time
for an insurance check up free, no obligation comparison 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 think you're his only customer when
(15:34):
you choose Frank durand the real estate man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi Tom Martino, your
troubleshooter three all three seven one three talk three all
three seven one three eight two five five. Okay, so
(15:58):
what do we do about this? I I think if
the Dison here, look, look if they if you can't
find the old one, who do you go after? I mean,
really and truly, it's not Dyson's fault, but they should
help you. Well, they are a shipping label. They're the
ones that need to file the claim according to the callers.
(16:20):
So therefore, I do think it's Dison's fault. Yeah, that's
what I mean. It's not their fault, it's losses. What
I mean, they should cooperate with you and help you.
Speaker 3 (16:28):
But on that receipt, maybe deputy, maybe we give this
to a deputy dollar he might be good at this.
Speaker 1 (16:37):
Well, I think he should also consider small claim scored
against Dison and against I'm not you, I don't know ups. Well,
I would almost assure you that would work. Yeah, have you, Sarah?
You know you could do a small claim against Dyson
(16:58):
for the loss and it's really a six hundred dollars
loss to you or to replace it. Actually is only
three nine nine right now.
Speaker 9 (17:07):
All those cybernds, no.
Speaker 1 (17:10):
I mean right now, Yeah, you can get the v
eleven all day long for three ninety nine that I see. Yeah,
but here's the deal. That doesn't mean we won't help
you make a call or two. But you know, Dyson,
in my opinion, is a terrible company. What do I
mean by that. I don't mean they cheat you or anything,
but they're just so they did you buy it? By
(17:32):
the way, I might have missed. I think they're so great.
They just don't attend to you that well. Now, except
when I went to that store, they did kind of
just go on the back and handed me another one.
Speaker 3 (17:41):
My wife absolutely loves her Dyson hair dryer.
Speaker 1 (17:45):
I mean she loves it so well. Dyson has a
name and has a name for all the different things
they make, and they all have one thing in common.
Air move. Where did you buy that vacuum?
Speaker 9 (17:58):
I'm actually not sure. My sister and a dear friend
of mine got it for me for my birthday.
Speaker 1 (18:04):
Say if you bought a vacuum for your birthday, that's
what I got to say. Oh God, Mark gave Susannah
vacuum for Valentine's Day. Now come on, man, No, those
were the nice pots and pans. Brother. Oh okay, hey, Sarah, really,
I'm gonna we're gonna give this his dollar in the studio.
(18:26):
He is Syria, I'm here, don Why don't we give
him a call or two and say, look, you're the shipper,
why don't you just put a claim in with UPS
right now and then help her out. I mean, let's
just get this ball rolling. At least get them off
the dime.
Speaker 3 (18:40):
And hey, by the way, on Secretary of State, they
are there, and it would be the dice and direct ache.
I think it'll be the best fifty five bucks you've
ever spent. I have served so many people where they
actually take service. It's pretty simple stuff.
Speaker 1 (18:58):
Yeah, I bet you. I bet you.
Speaker 3 (19:00):
You'd have a vacuum to your place in about three
or four.
Speaker 1 (19:04):
Weeks if you just file it. Yeah, so let's do both.
For let's do both. I think that's a good idea.
We have a question for Dan mackenzie Sherry. What is
your question for our attorney Dan today?
Speaker 13 (19:19):
Hi there, Tom, Hey, So I do have a question
for Dan. My brother and I met with him a
little over a month ago about setting up a trust,
and I've got a question. I've read that you should
not ever put a checking account in a trust.
Speaker 1 (19:43):
Wouldn't you just set up the beneficiary? Dan? I mean?
Speaker 6 (19:47):
So the issue is just that a lot of banks
will not just put the existing account into the trust.
They will open a new account and the name of
the trust and transfer the funds in there. And when
they do that, they break your got a new account number?
You got to get any checks?
Speaker 1 (20:04):
What is the purpose of putting it You can't have
that much You don't have that much money at any
one time sharing them in there.
Speaker 6 (20:10):
But the benefit of having it in the trust is
that the trust covers incapacity events too. So your beneficiary
designation is not helpful in an incapacity event.
Speaker 1 (20:18):
What does that mean? So, so if there's a payable
on death, it's not only kicks in if you've died,
not if you're a disr Whereas if it's in the trust,
your trustee can step in and manage that. You know
every account trust, so why would he helpful?
Speaker 3 (20:33):
But why can't you just put the trust is the
beneficiary of the checking account.
Speaker 1 (20:38):
No, he said you could, But what would happen is
it doesn't kick in with them with dementia or something.
It only kicks in with death. I understand exactly what
you're saying. Whereas a trust, a trust can be written
to take over I mean I would say the question.
I mean, it depends on your bank's policy.
Speaker 6 (20:59):
I don't know where you are in that process, but
you could check with your bank and see a lot
of times, what I recommend that people is maybe open
a new account in the name of the trust and
keep the old account and just over time slowly migrate
over to that new account, because it can be a
bit of a pain to just move it. Currently sit
an account into the trust.
Speaker 13 (21:18):
Well, because I was thinking, I'm just kind of I'm
a little anal about things. Yeah, and I was thinking
it would be nice job an account that would cover
any of the assets in the trust, just to keep
things kind of clean in mind.
Speaker 6 (21:34):
I mean, having cash in the trust I think is
critically important because if you can have a lot of
stuff in the trust, and if it's real estate or
personal property or other hard assets, it can be really
hard to deal with.
Speaker 1 (21:45):
Why because you can't pay the bills or you can
pay fees.
Speaker 6 (21:48):
Somebody needs to keep paying the property taxes and insurance
and you know, getting appraisals on things, and like where's
that money coming from if there's no cash?
Speaker 1 (21:56):
Do people ever do services for trust on the come?
I mean I guess that's possible, but it's like, yeah,
can you lean a trust? As an attorney? Can you
lean a trust? I guess yes, it's possible. It's got
to be. It's it's probably gotta be in your vocal trust. Really,
(22:16):
if we think about it, all a trust is is
a person. I mean, right, isn't a trust in a
way it's an empty person with other people benefiting from that. Yeah, yeah,
I mean Mark's an LLC. We tend to an LLC,
is right. We talked about how you do LLC sometimes
as a poor man's trust. But an LLC is a person,
(22:37):
an entity. I mean you know what I mean by that.
It's a separate thing. Yeah, it's a separate thing. Yeah. Now,
so your advice then, Jennifer, I mean not your advice
but I think he said, you just have to open
a new one right in the name of the trust
with the bank and then transfer the funds.
Speaker 6 (22:56):
Yes, I mean a critical thing is like right now
in Colorado, you can give away up to eighty two
thousand bucks without having to use a probate process.
Speaker 1 (23:03):
That's sure.
Speaker 6 (23:03):
Do you just need to make sure that whatever's not
in the trust doesn't exceed eighty two thousand dollars in values. No,
most of my clients that you know, five to ten thousand.
That's what Trager's probate. If a person passes away and
there's more than eighty two thousand bucks in their name,
you're going to have to put in a probate case
to go get it.
Speaker 1 (23:20):
Wait wait, wait, if it's in the trust though, No, no, no, no,
that trust takes it out of their name. Oh that's
what I mean, got it? Okay, So you're saying there's
more than go ahead, Mark, Well, I just thought about this.
Speaker 3 (23:31):
We just had to go through on Well, I had
to go through on every company we own and.
Speaker 1 (23:35):
Fill out that new paperwork.
Speaker 3 (23:37):
I did it, Mark, Yeah, Well I know our company, Okay,
I had to do it for other companies too.
Speaker 1 (23:42):
Oh.
Speaker 3 (23:42):
Okay, okay, But here's what I'm asking. Do you have
to do that for a trust? Do you have to
report to the FED? The OI actually owns.
Speaker 1 (23:50):
It, the beneficial owner information now the OI? No, no, no, no,
here you think by the way, Mark, Yeah, yeah, I
did it on all ours. You might have been redundant
if you did it on ours. But and in any case,
didn't it only take you five minutes? People were bitching
about this. It took me five minutes for each one.
Yes online anyway three ol three seven one three eight
(24:11):
two five five Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
until you're content. Wait time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much
(24:32):
your coverage at dozens of insurance companies find out now
three all three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three all three nine two zero sixteen
twenty two Tom Martino here eight eight eight heating dot com.
(24:53):
If you couple it with solar the high efficiency units
they sell, you can get a tax credit on all
of it. Eight eight eight. Heating dot Com also has
the Deep Clean for forty five bucks eight eight eight
Heating dot Com. Let's keep going here, so I want
to take people in order here because people have been waiting,
and I'll get to all of you, I promise. Jessica.
(25:14):
What's going on, Jessica, Welcome.
Speaker 9 (25:18):
Me, Jessica.
Speaker 1 (25:19):
Yeah, what's going on?
Speaker 11 (25:20):
Jess I'm talking to Tom Martino?
Speaker 9 (25:23):
Is that?
Speaker 1 (25:23):
Oh my god? Yeah, yess I'm talking to Jessica's going
what's going on, Jessica.
Speaker 11 (25:32):
Well, I have to say you my father I love
your show and we've listened for years.
Speaker 14 (25:36):
And he called me last night and said, if you
don't call Tom Martino, then I don't know if you
can come home for Christmas because he believes you can
help me, and you might be the only one.
Speaker 1 (25:46):
Maybe I hope not. Now that now that's big shoes
to fill. And by the way, when when most young women,
when when we're out and about and and Stephanie and
Iron and a young woman comes up, she starts out
by saying, my grandfather loves you or or in your case,
your dad, So what's going on? Well, I will also say.
Speaker 14 (26:06):
I grew up in Colorado listening to your show as well,
so this is very surreal and I will try to
keep my excitement together.
Speaker 1 (26:13):
Okay, what's going on?
Speaker 8 (26:15):
This sounds serious, isn't It is quite serious.
Speaker 11 (26:20):
My two children and the fact that I'm a single
mom fighting a custody battle.
Speaker 14 (26:26):
In Illinois and I've been doing it with the help
of my father who's an engineer in Colorado, and he
and I together have been writing motions.
Speaker 1 (26:35):
Okay, here's what I need to know. Okay, why is
it in Illinois right now? Is that where you were married?
Or were you married?
Speaker 14 (26:44):
I was married and yes we he my ex husband
is from Chicago and the case is out of DuPage
County in Illinois.
Speaker 1 (26:54):
Is this during a divorce or after a divorce?
Speaker 11 (26:57):
It's a post judgment case at this point.
Speaker 1 (27:00):
So here's what I need to know, and the reason
I'm bulleting. The reason I'm bulleting questions rather than the story.
And I'll let you tell the story. But the reason
I'm doing that is to line up who we should
talk to. So here's what I need to know. Was
the divorce decree final and then he went back for custody.
Speaker 14 (27:17):
It was the day of the divorce was final. She
told me not to show up, so he, in effect
just got.
Speaker 11 (27:25):
What he wanted. And I've been fighting that ever since.
Speaker 1 (27:29):
Okay, now, hold on, you mean to tell me that
was there a here? Wait? Was there an actual hearing
for the final divorce decree? Or was it done online?
And back and forth?
Speaker 14 (27:41):
He was a judgment entered on default of me not
showing up.
Speaker 1 (27:44):
Okay? And you didn't show up because you trusted him.
Speaker 11 (27:47):
Yeah, he told me if I came, he'd got me arrested, and.
Speaker 9 (27:49):
I believe that.
Speaker 1 (27:50):
Now, wait a minute. At the time, what was the
status quo at the time? Were you here in Colorado
with your children?
Speaker 11 (28:02):
No, my children have never been to Colorado see their grandparents.
Speaker 1 (28:07):
Are you in Colorado?
Speaker 7 (28:09):
Are you in Colorado Illinois?
Speaker 1 (28:10):
Okay?
Speaker 10 (28:11):
That's what?
Speaker 1 (28:11):
Okay, good, and now that makes sense. Okay, So Jessica,
you get divorced, you're there and upon filing the divorce
where this is really important, where were the kids living
up to the final decree in our.
Speaker 11 (28:26):
Mutual marital home which was in Downers Grove?
Speaker 1 (28:29):
But who had them? Who had them? You were him?
Speaker 11 (28:32):
In that at left because he kept involving the cops
and I was struggling with postpartum depressions and alcohol and
it was so untenable that when I left to move
into a hotel that he moved me into, effectively, the
court looked at that.
Speaker 1 (28:50):
As abandonment, as a status quo. That's right. So the
kids were with him at the time. And who filed hint?
Did he file or did you file?
Speaker 11 (29:00):
He filed the day after me.
Speaker 1 (29:01):
Okay. So, okay, So here's the problem. They looked at
that exactly as you said. You were the the alcoholic
mom left the kids, and then he had his way
right now, when he filed for divorce, did you hire
an attorney?
Speaker 14 (29:21):
I did, and haphazardly stumbled upon the one that was
representing Scott Peterson, Drew Peterson, And so thus began my
debacle of Illinois court system.
Speaker 1 (29:36):
Okay, here's what I need to know. When did you
have an attorney at the time the final decree was
entered without your appearance?
Speaker 11 (29:46):
No?
Speaker 1 (29:47):
Okay, So you made a decision on your own. There
wasn't bad counsel. You made a decision on your own
not to show.
Speaker 10 (29:53):
Up, correct, Okay?
Speaker 11 (29:57):
And I did not know.
Speaker 1 (29:58):
I did not Usually default judgments, usually default judgments in
a divorce are easily contestable, easily, especially when there's threats
and stuff. But how long ago was this default judgment?
Speaker 11 (30:14):
April seven, twenty fifteen.
Speaker 1 (30:19):
Oh my god, Oh my god.
Speaker 15 (30:21):
Exactly.
Speaker 1 (30:22):
And they told me, okay, hold on, this is really bad.
But that still doesn't preclude you from being a parent forever. Okay,
there's no life the kids. There's no life sentence. There's
no life sentence against being a parent. Okay. Mark asked
that question. I'm sorry, how old are the children? How
(30:42):
old are the kids now? That's nine years ago.
Speaker 11 (30:44):
Yes, my daughter is going to be thirteen in March,
and my son is eleven and a half.
Speaker 3 (30:50):
Don't they, okay say at that age, I'm sorry, more
or less asking time. Don't they have a lot to
say at that age?
Speaker 1 (31:00):
They do have some say, the course still take jurisdiction.
Hold on, let's come back to you, okay, and we're
gonna get We're gonna try to get an attorney on
for the next hour. But I want to come back
with some parting words. I don't want you to leave.
I'm Tom Martino, go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
(31:20):
until you're content. Time for an insurance check up free
no obligation comparison 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 think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
(31:42):
Alliance three all three nine two zero sixteen twenty two.
Hi Tom Martino here at three all three seven one
three talks seven one three eight two five five. So
here here's the bottom line, Jessica. Okay, usually you know,
for get the divorce and the fault judgment all that.
(32:02):
That's all too late. It really is. Right now, let's
just boil it down. You want some kind of role
in your kids' lives? Is that it in a nutshell
without going through the injustices you suffered?
Speaker 12 (32:16):
Correct?
Speaker 1 (32:17):
Okay, Now, normally the courts, normally the courts do not
oppose biological parents who want to come back into the
kids' lives, but the other parent can. So did you
out of nowhere for the last ten years. I need
to know something. Last nine years, have you been visiting
(32:38):
your kids?
Speaker 11 (32:40):
Yes, and I have.
Speaker 1 (32:43):
How often do you visit.
Speaker 11 (32:44):
Them right now?
Speaker 1 (32:47):
Currently the current over the past nine years. What has
been the frequency of your visits.
Speaker 14 (32:53):
Over the past alternating weekends to once a week as, okay.
Speaker 1 (32:57):
So you had court ordered visit. Wait, you had court
ordered visitation.
Speaker 11 (33:02):
Correct. As we were inching towards a trial.
Speaker 1 (33:05):
What kind of trial?
Speaker 14 (33:07):
We need to decide a ton of things. It's still
deciding for parenting excuse me, parenting time. I mean I
owe back child support to the tune of thirty thousand dollars.
Speaker 1 (33:17):
So I went, ho, ho, hold on? Were you making
more money than him?
Speaker 11 (33:21):
No?
Speaker 9 (33:22):
I was okay at home, MoMA.
Speaker 11 (33:23):
My exes destroyed me.
Speaker 9 (33:26):
I can't even get.
Speaker 1 (33:27):
Another There was a child, there was a child support order?
Oh yes, okay, So you owe thirty grand and back
to child support?
Speaker 11 (33:35):
Yes, and every month I'm expected to pay eight hundred
and fifty four dollars.
Speaker 1 (33:39):
Okay.
Speaker 11 (33:40):
Now he's an.
Speaker 14 (33:40):
Attorney who net five hundred thousand dollars.
Speaker 1 (33:43):
Wait, so, okay, okay, your husband is a your ex
is an attorney, and.
Speaker 11 (33:48):
That's a part of the storyline as well.
Speaker 1 (33:50):
Yeah, but there's not much you can do about it.
I mean, that's what he is. But so so it
doesn't matter what he makes. You have to pay some
child support and what was the child support order originally?
The eight hundred is making up brears too, So what
is the normal support that they imputed to you?
Speaker 15 (34:08):
Oh?
Speaker 1 (34:08):
Once that, I mean back back when they back when
the order came out. How much a month were you
required to pay forty five dollars?
Speaker 14 (34:18):
Because I was making one hundred thousand dollars at the
children's hospital the last couple of years until I recently
got laid off. What were you doing as the secretary
into your finance department?
Speaker 1 (34:29):
Okay, hold on, We're going to consult an attorney. Let's uh, Mark,
is Bonnie around? Oh way? Mark might be off right now.
Hold on, We're going to try to get an attorney
on to talk to Hang on, and I'll take your
other questions. Henry. I'm going to take you next on
the will and trust, and then we'll come back to
her with an attorney. Hang on, And then Jennifer, we
(34:51):
got you too. Go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't pay a cent. Hell,
you're contenth time for an insurance check up free, no obligation.
In comparison, call Compass Insurance. Pay too much your coverage
at dozens of insurance companies find out now three oh
(35:13):
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Yeah,
ripped of news, need advice?
Speaker 15 (35:34):
Who you don't have?
Speaker 16 (35:37):
Run anxious susas as the can Shooter's gonna help?
Speaker 7 (35:42):
Come man, This is.
Speaker 2 (35:45):
The Troubleshooter Show. Now, Tom Martine, Hi.
Speaker 1 (35:50):
Tom Martino here, Welcome to the show. Three all three
seven one three talk seven one three eight two five five.
What's on your mind today? We are here trying to
solve problems, answer questions, take complaints, make your life a
little easier. And we do have a question for Dan mackenzie.
And then we have one more attorney we're trying. We
couldn't get a hold of two attorneys that we have
(36:11):
for family law. We're going to go to a third
one to see we can get some advice and so
hang in there, Jessica Jennifer as a landlord issue. But
Henry wants to talk about Wilson Trust and we have
with us today Dan Mackenzie, attorney at law, and he
Mackenzie Law, and he does a state planning and you
(36:33):
know what do you call it? What kind of law?
It's a state planning basically, right, Okay, state planning, state administration.
Go ahead, Henry, what is your question? Ahi?
Speaker 7 (36:45):
Well, first I want to say I've been listening to
you for forty years.
Speaker 1 (36:49):
Okay, confirming that I'm an old fart. Thank you.
Speaker 7 (36:55):
Oh yeah, I couldn't confirm that because I've been listening
to you for many years.
Speaker 1 (37:01):
So what's going on?
Speaker 7 (37:03):
Well, I have a lot of assets and I just
don't know where to find an attorney or how because
I need to set up a trust. I haven't set
up anything anything.
Speaker 1 (37:15):
Okay, First of all, let's talk about your need and Dan,
this is something by the way, as you know, I
started that financial advisement firm and people before they even
come to me for investment, I asked him about their state.
You'd be shocked at how many people have done nothing.
And I said, well, you need to do something there.
(37:37):
That doesn't mean you you have to put money in it,
but you have to have a plan. And then so
his question I'm going to ask him, is this, what
do you have that you think you need to estate
plan for? Because some people need estate plan so everyone
needs something a simple will most everyone, but you may not.
(38:00):
It may not be that complicated. So let's talk about
your overall situation. When you say you haven't set up anything.
What is your situation? Are you working or retired?
Speaker 7 (38:12):
I am working and I'm a farmer. I own forum ground?
I do you own?
Speaker 1 (38:19):
What? What did you say, foreman?
Speaker 7 (38:21):
Forum ground? I'm a farmer?
Speaker 1 (38:24):
I oh, a farmer. I'm sorry. Okay, so so listen
man how much? Let me just ask you this. If
you just in rough estimates, if you have all your assets,
your farm, your land, whatever, you have some bank accounts,
investment accounts, and then you have your debt, what is
the net? What are what are you worth? So to speak?
Speaker 7 (38:46):
I would say around over like five and a half million, Okay,
that would probably be a million and a half.
Speaker 1 (38:54):
But what kind of cash do you have as far
as at risk? As far as that? Because the estate
plan takes into consideration everything, and you do have to
set something up if you have nothing, you don't even
have a will? No? How much okay? Of that is
(39:15):
most of that land and house and all that? Or
do you have any kind of cash?
Speaker 10 (39:22):
I got no cash.
Speaker 12 (39:23):
I'm just just just.
Speaker 7 (39:27):
Use use the bank to operate the phone.
Speaker 1 (39:30):
Okay, okay, got it. Now upon your demise when you
go on to heaven, are you going to do you
believe your heirs will simply sell?
Speaker 7 (39:46):
They don't want to sell. They actually, my children actually
want to hold on to the land. I would be
the one I would like to sell.
Speaker 1 (39:54):
Do they want to hold on to the land for love?
Or do they work the farm with you?
Speaker 9 (39:59):
Now?
Speaker 7 (39:59):
They or work the forum? It's just for the love.
Speaker 1 (40:02):
Well, that's ridiculous. Then how much land is it?
Speaker 7 (40:07):
Oh, it's a total about a little over six hundred acres.
Speaker 1 (40:10):
And where is it located? In general? Don't give me
your address? Where is it in general?
Speaker 7 (40:15):
And in morgan Cony?
Speaker 1 (40:17):
Okay? Now does your farm make you money? Really make
you money? Or do you feed it?
Speaker 7 (40:24):
I'm kind of just feeding that. It has only made
me money. And what the assets have gone on that? Yeah?
Speaker 1 (40:31):
Yeah, But how do you live what I'm what I'm
talking about. How do you get operating.
Speaker 7 (40:34):
Capital from the if I'm forming it?
Speaker 10 (40:40):
Some years, I do, I do well in some Okay.
Speaker 1 (40:43):
Even so, you do have a cushion in the bank.
Or do you have a line of credit?
Speaker 7 (40:48):
I have a line of credit?
Speaker 1 (40:50):
Okay? And the line of credit goes up and down
with your crops, right or? Or or are they crops
I'm assuming? Or is it meat? Is it crops? What
crops do you do you raise?
Speaker 7 (41:03):
I always do corn?
Speaker 1 (41:04):
And is it corn for feed or is it corn
for people?
Speaker 7 (41:08):
It's for feed?
Speaker 1 (41:09):
Okay. So that operation either makes money or breaks even
or loses a little, depending on the year exactly, and
you operate it with the hopes of having the equity
that the farm has appreciated with right, yeah, okay, so
that's your situation. Now you mentioned did you mention your dad?
(41:31):
Did I hear you mentioned your dad? No?
Speaker 7 (41:34):
Not my dad, No, My my parents are long.
Speaker 1 (41:37):
Okay. You said somebody has a million, and you had this,
and somebody else has a million. I mean I thought
you mentioned another person. You didn't.
Speaker 7 (41:45):
No, I just a million and a half death that
I own.
Speaker 1 (41:50):
I got it.
Speaker 7 (41:52):
Yeah, And I have other assets than just the forum ground.
Speaker 1 (41:55):
Okay, are the other assets equipment?
Speaker 7 (42:00):
Yeah, equipment and oh just equipment. And I gotta.
Speaker 1 (42:08):
Now, what what is your desire right now? Henry? Right now?
I think Dan McKenzie, I think he would have to
be concerned with and again they can do anything they
want with it, but his main concern is how to
pass on that land?
Speaker 9 (42:22):
Right?
Speaker 1 (42:23):
Is that going to be the main deal? How to
pass on the farm?
Speaker 10 (42:27):
Yeah?
Speaker 1 (42:27):
I mean who are you? Who are your heirs?
Speaker 7 (42:29):
Do you know that my children would be my heir?
Speaker 10 (42:33):
How many we have four children?
Speaker 1 (42:36):
And are they all in agreement? Are they greedy or
do you think they're tell me about your kids?
Speaker 7 (42:43):
Well, they are all kind of set on me, wanting
to keep the hold onto the land. At least I
have land that has water rights that is much more
valuable than I have some dry land, and the one
that has water rights they really like to keep it by.
At the same time, they have never done anything or
(43:04):
they're not willing to worry about anything. So for that reason,
I don't know.
Speaker 1 (43:09):
Can he Can he do a trust that orders everything
for sale, but that doesn't give them a choice?
Speaker 10 (43:16):
You can?
Speaker 6 (43:16):
I mean, I I'm a little bit hesitant to do
something like that because you just don't know what the
market is going to be. Like, you could be ordering
a sale in the middle of, you know, a crisis
in the real estate market, for example, and it's just like.
Speaker 1 (43:26):
Well, how about a sale when when I don't know
what I'm saying, is I see that he's going to
have a lot of conflict here if he doesn't put
some terms up.
Speaker 6 (43:35):
Throwing four kids into basically a business ownership together, and
especially when they're now, especially farm and work it and
all that kind of stuff is not going to work.
Speaker 1 (43:43):
That's not a good idea.
Speaker 6 (43:44):
But yeah, I mean you could have you could have
a trustee or a personal representative.
Speaker 1 (43:49):
It could be one of them.
Speaker 6 (43:52):
Maybe it should be somebody else who can be a
little bit more dispassionate, who can step in and figure
out what is the best course of action here, because
maybe some want it and some don't, maybe none of
them want it. But somebody who can just get in
there and neutraally figure it out.
Speaker 1 (44:05):
And now, remember, there's going to be a few things
you have to know if you do it will for sure.
Now when you die, they're going to inherit the debt.
They're going to have to pay off that debt? Okay,
that debt is you? I assume you have a first
deed of trust against the farm? Is that right?
Speaker 7 (44:27):
Yeah, there's a Yeah, there is a deed of trust.
Speaker 1 (44:30):
You're like, we're a mortgage right right? Now?
Speaker 10 (44:33):
Do you do you?
Speaker 1 (44:35):
Let me ask you this. Do you have life insurance? I?
Do we do? For how much?
Speaker 7 (44:43):
We both have a million dollar life insurance?
Speaker 1 (44:45):
Who's both you and your wife?
Speaker 7 (44:48):
Yes?
Speaker 1 (44:49):
Okay?
Speaker 7 (44:50):
And it will expire probably mine will probably expire within
like ten years or so.
Speaker 1 (44:55):
Is it term insurance?
Speaker 17 (44:57):
Is it term?
Speaker 1 (44:59):
Okay?
Speaker 10 (44:59):
Yes?
Speaker 1 (45:00):
Okay? Now, Dan, what your advice would be? A will
for sure? And then he'd have to think about a trust.
And if I was him in this can, I would
do a trust with a trustee I know, and trust
to do the right thing, because I just think your
kids are not going to be able to come to
(45:20):
an agreement on what to do with the land. Is
that land truly worth about four million? Five million? Did
you say?
Speaker 7 (45:27):
Yeah? That's what some of the Atlanta's worth A minimum
twelve thousand of acre, that's what it?
Speaker 1 (45:34):
Would people buy it?
Speaker 7 (45:35):
Then?
Speaker 1 (45:36):
Are people going to buy it?
Speaker 9 (45:38):
Yeah?
Speaker 7 (45:38):
Yeah, Okay, it's an area where it sounds really good.
Speaker 1 (45:41):
Can I ask you something silly? Have you ever considered
how old are you right now?
Speaker 7 (45:47):
Sixty two?
Speaker 1 (45:49):
Okay, you're pretty young. Have you ever considered selling before
you die and just taking the money and then doing
a trust and some planning with the money.
Speaker 12 (46:00):
I would do it.
Speaker 7 (46:01):
I would like to do exactly that. I'm having a
conflict with my wife. My wife is on the children's side.
She doesn't want that. She wants to leave the land
for the children and at least.
Speaker 1 (46:14):
And uh wait wait, lease it to someone else to
create income.
Speaker 7 (46:20):
No, it's income. We could never get off it as
long as I own mind.
Speaker 1 (46:24):
No, No, I mean as far as you said leasing it.
So so does your wife want o leave it?
Speaker 10 (46:33):
Leave it?
Speaker 1 (46:34):
But okay, but does your wife figure do you do?
What about if you want to just retire and you
want to take it a little easy, and you want
to maybe have a small annuity and some other money
somewhere else and for your kids and trust for your kids.
I mean, she doesn't think that's a good idea.
Speaker 7 (46:52):
No, that's exactly what I want.
Speaker 10 (46:53):
She does not want that.
Speaker 1 (46:54):
Well, who's the boss? And I mean this sincerely, who's
the boss legally in writing? Does she own have she.
Speaker 7 (47:01):
Owns house, She's on everything, So would.
Speaker 1 (47:05):
She oppose you doing it completely? I mean literally not
go along with it? To it? So she wants you
to work till you die because really you're going to
have to because the land doesn't produce. You know, what
I'm saying is without you working it, you're not going
(47:27):
to have income. No, and Social Security isn't going to
pay the debt service. So does she just want you
to work until you, you know, buy the farm.
Speaker 7 (47:40):
I don't think she really wants to, but I think
she sees that there's an option in that. In my opinion,
there isn't.
Speaker 1 (47:47):
Well what option does she see? I mean, does she
know reality? Like you're the one creating income. Equity without
income is nothing, Equity without cash flow is just equity.
And and if you sit there, there's a chance literally
you and your wife could lose by not having the
wherewithal to pay off that debt.
Speaker 7 (48:10):
I've been bringing them out across her many times.
Speaker 1 (48:14):
Well, she's got is she She's not stupid? And I'm
asking out of respect. She's not stupid, is she?
Speaker 7 (48:21):
No, she's not.
Speaker 10 (48:22):
She's just.
Speaker 7 (48:24):
Just seeing it one way I guess.
Speaker 1 (48:28):
Because you got to look at reality and you have
to see that the land in and of itself is valuable,
but it's not valuable if you can't pay the debt service.
In fact, you're gonna end up losing it if you
don't work it. And if you work it, you're gonna
you have to work until you leave it to your kids.
So you're you're working right now for nothing more than
(48:51):
leaving that to your kids. And then they're gonna have
to pay it off. And and how do they think
they're gonna pay it off? So let's say you die
in a few years and you'll a million. Let's say
you die in many years, but you still owe a
million bucks. It's gonna take a long time to pay
off a million and a half. So let's say you
owe a million bucks. How are they going to pay
that off? Are they going to sell enough land to
(49:12):
pay it off?
Speaker 7 (49:13):
That's what they would have to do. Either that or
they would have to they don't have a good job.
Either that or they would have to make payments on
their jobs and tell it would be paid off.
Speaker 1 (49:23):
But they can't. They got to refinance it. They don't
get to take over your loan. See, your wife doesn't
understand this stuff exactly. So I mean, it's all well
and good that you're calling, you want to talk to
Dan McKenzie and all that, but really you better plan.
Beyond planning. You have to plan for your demise and
(49:43):
what to do with this stuff. But you're not thinking
of the time between now and the time you die.
You're not thinking about the practicality, and either is your wife.
I mean, even you can sell enough, even you can
sell enough to possibly pay off the loan and then
keep the rest, then all you have to worry about
our taxes and you won't have to work as hard.
(50:04):
But you're going to be working basically the rest of
your life because the land doesn't give you a pension
for being the farmer.
Speaker 7 (50:13):
Well, I see that. I realize that it's my other
house that has not realize it.
Speaker 1 (50:19):
Well, what if your other have talked to an attorney
who knows about it and they I'm not saying that
they would, you know, force themselves on you, But if
you did a state planning an attorney asked questions, is
she wise enough to see, well, wait a minute, he
is getting older and eventually we have to make a plan.
Do any of your kids want to work it?
Speaker 9 (50:38):
No?
Speaker 7 (50:38):
And that's why I, Paul, I think I would like
to sometime when her sits down with an attorney and
have an attorney explained.
Speaker 1 (50:45):
That to her. Okay, I'll tell you what just you
that that's a good idea. You leave. You know, you
you go to Dan mackenzie and talk to him for
a consultation. Okay, now, listen like that, you should and
you should talk to your You should contact Dan good
(51:07):
his number, give him your local number three oh three,
five seven eight two seven four or five five seven
eight two seven four or five. All right, we'll get
a door and do me a favor. Leave your information
with Kelly as well for him, because listen, man, I
(51:30):
feel here's what I feel. You need to worry about you, bro.
You need to worry about you and and and I'm
not suggesting. Look look at I'm not trying to talk
into anything. But you are sixty two. That's okay. You
can probably go another ten years if you want, if
you want. But eventually the farm does not say good job,
(51:51):
good job, and take it easy now and then I'll
wait around for your kids. They're not going to do that. Henry,
You're going to be left high and dry, and at
that time it'll be even harder to plan. That's why
you do it earlier, Kaschina get his information. You can
ask that question on the way back. I am so
(52:12):
overtime right now. Three oh three seven one three eight
two five to five. Go with a sure thing Denver's
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. In comparison, call Compass Insurance paying too much
(52:34):
your coverage at dozens of insurance companies find out now
three oh three seven to seven to one. Help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino here, three oh three seven
(52:58):
one three talk seven one three eight two four.
Speaker 10 (53:01):
All right.
Speaker 1 (53:02):
So, one other thing that Deputy D brought up on
that last call that we should talk about is that
debt he has can go up or down based on
his years, so he could end up actually owing more,
owing a little less. Whatever. It's really a bad situation.
(53:23):
He's got a job right now, he doesn't have wealth.
His kids will have wealth if they sell and divide
the money. But they say they want to keep the land.
Do you know how many I want to ask Dan
McKenzie this real quick, Dan, how many families have you
seen that make decisions out of emotion that you see
(53:45):
are dead wrong? And I don't know how else to
put it. How often have you seen that?
Speaker 6 (53:51):
I mean, I think that's the problem with estate planning
in general, is it's very driven by emotion.
Speaker 1 (53:56):
You see that in family law too.
Speaker 6 (53:57):
You know, when you've got two businesses, touing each other
can be a little bit more of a business decision.
But there's just stuff like you know, people have sentimental attachment,
si sentemon attachment to the parents.
Speaker 1 (54:08):
You know, it's just really hard to get over that.
And they're decisions. They're not necessarily wise, that's right. Yeah,
And so oh, we want to keep the land. I've
seen people want to keep land and go broke and
they here's what I found One time. I saw a
guy one time that inherited some stuff from his dad,
some property. He had such an emotional attachment to the
property he kept, but he had no way to support it.
(54:31):
So what he would do is when it went up inequity,
he would borrow. Then he would use that money to
make payments on the loan. And he kept doing that,
and I said, you understand, you are spiraling to nowhere.
And eventually, guess what happened. He owed so much he
could no longer pull money out. And he said, I
(54:52):
lost the building. I said, no, you didn't. You sold
it over time. Yeah, you know what I mean. They
took the building and he walked away. He got paid
every penny on that building. Maybe that addressed his need
with hout the guilt. That's a good way to do
it anyway. Three three seven one, three eight two five five. Look,
(55:13):
I'm telling you you'd be shocked at what we come
across with people when it comes to their finances and
their investments. I mean, there have been a number of
people I told you have no business investing money. Literally,
you know your house is not in order.
Speaker 18 (55:29):
Now.
Speaker 1 (55:29):
I don't mean I'm going to preach to him, but God,
I mean, you know, and this is some of the
the moral issues I come up against with people that
their financial advisors should have told them or their insurance,
salesman or annuity. You don't need this. What you need
is to pay off that high interest debt first, or
(55:50):
you need to make sure you have shelter, or you
can't work until you're eighty. This is what people need
sometimes they need a good, hard dose of truth. Now,
hang on, Jessica, we're still trying to get an attorney. Okay,
hang on, let's talk to Jennifer. Jennifer, what's going on
(56:12):
with their tenant landlord issue? What's happening? Are you the
tenant or the landlord?
Speaker 12 (56:17):
I'm the tenant.
Speaker 1 (56:18):
What's going on? So?
Speaker 17 (56:21):
I moved in this house maybe about a year ago,
and since we've moved in, we've had all types of
crazy floods, floods, the sewer line back up.
Speaker 1 (56:32):
Oh no, is this a house? Is this a house?
Speaker 11 (56:35):
House?
Speaker 1 (56:36):
Okay? So you moved in a year ago into a
single family house. And when was your first back sewer backup?
Speaker 12 (56:46):
February? I moved in in November. My first sewer backup
was in February.
Speaker 1 (56:52):
Okay, So November of twenty three, and then you had
a backup in February? Okay? And what did the landlord do?
Speaker 12 (57:01):
It took them five months, Steven's figure out what it was.
They didn't do anything.
Speaker 1 (57:06):
Well, hold on, wait, wait, wait wait, they must have
sent a crew to clean up the stuff come up.
Speaker 17 (57:10):
Well, they they did, and then we were still living
in the home. So they were like, as long as
you're living here, it's no point of cleaning. So it
got to a points of where they stopped cleaning it
up altogether because they were as long as you're staying.
Speaker 1 (57:24):
Stop cleaning it up. What do you mean, like, like,
when when that's the sewage backed up? What did they
do about? They left it in the basement.
Speaker 12 (57:33):
And we cleaned it up ourselves.
Speaker 1 (57:35):
Oh no, no, no, no, no, why are you still there?
Speaker 17 (57:40):
So I'm I'm actually supposed to be moving out, but
I don't have So this is my third house that
I've been in that's been in this type of condition
to where I just have to get up and go.
Speaker 12 (57:51):
And I'm a mother and I have five kids that
live in my house regularly.
Speaker 1 (57:57):
Jennifer, are these five kids your biological children? Yes? All
of these are my biological Okay, now, Jennifer, oh go ahead,
you have one that will.
Speaker 12 (58:06):
I have one that's not in the home. Because this
was an issue that starts.
Speaker 17 (58:10):
So we have a custody issue because I've been so unstable,
it is an issue with school for the kids.
Speaker 12 (58:17):
So I have a custody case going on.
Speaker 17 (58:20):
So I have another kid that's supposed to be doing
therapy in home, but we can't bring him home because
he has asthma in the house.
Speaker 12 (58:26):
You turn sets back to me.
Speaker 1 (58:28):
Hey, Jennifer, Jennifer, I want one thing at a time.
Let's talk about this house. So you're living in this house.
This had continual sewer backups. Now the landlord doesn't blame
you for those, does he No? Okay, but they don't
attend to it. So now you're finding this situation unbearable.
And how long is your lead? By the way, just
(58:50):
tell me this because this would complicate things. Have you
withheld rent? No, you've been paying your rent on time
every time. Yes, And that landlord still has not had
the decency to do a good clean of that house.
Speaker 17 (59:07):
No, and we've so we're on housing also, So we've
gotten housing. So it's sailed all the inspections.
Speaker 12 (59:18):
Now we're having leaks.
Speaker 17 (59:20):
From the ciling, and the still rooms have been cut
out or have fell out.
Speaker 1 (59:24):
Well, what do you say? What do you want us,
and I mean this sincerely. What do you want us
to do? When you called us? Do you want to
get out of the lease? Do you want someone to
call this landlord? Oh it sounds to me like landlord
doesn't give it. Damn no.
Speaker 12 (59:36):
So this is a corporation okay, but.
Speaker 1 (59:39):
It's still a landlord. I don't think they care.
Speaker 12 (59:42):
No, they don't.
Speaker 17 (59:43):
What's the name of the corporation, Main Street Renewal, Main
Street Renewal. They're located in Texas, their main office. But
every time you call, it's like everything is like third party.
So when you you get a call center, when they
send somebody out, they have to like do a bid.
Speaker 1 (01:00:05):
And I know, yeah, I know. It's a big, big,
giant company. Listen, what do you want.
Speaker 12 (01:00:14):
I'm ready to move. I need some help moving out.
Speaker 15 (01:00:18):
Okay, ready to go?
Speaker 1 (01:00:19):
And are they gonna fight you? When is your lise up?
Speaker 12 (01:00:23):
I just actually renew to lease.
Speaker 1 (01:00:26):
But do you think do you think they'll let you out?
Because I think you have grounds? Do you think they'll
let you out voluntarily? Okay, I don't know. Well let's
start there. Let's start there trying to figure out do
you have a deposit with them?
Speaker 10 (01:00:41):
Yes, I do.
Speaker 1 (01:00:42):
Okay, I Chopper, what about you? I'm ready for something. Okay,
let's let's talk to this landlord, this corporation, man, this woman.
This This is bull crap and I mean or people crap,
however you want to look at it. But this is
these continual sore backups. If everything she's telling us and true,
she's been paying her rent, she has sewer backups. They're
(01:01:03):
not cleaning it. She needs to get out of there.
They need to let her out of the lease and
give her her deposits so she can move on. Hang on,
Jennifer M. Chopper, let me know how that goes. We
got to do something about it. If you run again,
do me a favor, though, Chopper, this is really important.
So if you run up against a broadblock, let us
know I will. We have more coming right up. Go
(01:01:28):
with a sure thing Denver's 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. In comparison, call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven to
seven to one. Help you'll think you're his only customer
(01:01:49):
when you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three three
nine two zero sixteen twenty two. Tom Martinez, you know
your troubleshooter. Okay, I want to just Oh, we got
a lot going on here. We got Jennifer assigned to
deputy Chopper, and Chopper I'm gonna text you a synopsis there,
(01:02:13):
and I want to say that I want to go
back though to Jessica. Jessica, we have an attorney that
wants to he's retired and we want to talk to
him on Thursday and get you some information. But one
thing I didn't ask and I did get your story.
And for those listening, she lives in Illinois, an alcoholic
in recovery. Husband kicked her out in twenty fifteen, filed
(01:02:36):
for divorce. She did not show up for the final hearing.
Ex husband got a default judge judgment. Kids are now
eleven and thirteen. What do you want today? What is
the issue that you called about? You said your dad
thought we could help, but what is the actual issue
at this point?
Speaker 11 (01:02:54):
Yes, mister Martinez, I need to get an attorney and
I don't have any money.
Speaker 1 (01:03:00):
What is the issue? No, no, no, you didn't answer
my question. What is the issue?
Speaker 12 (01:03:04):
See the kid?
Speaker 9 (01:03:05):
Okay, even though.
Speaker 14 (01:03:06):
I got a schedule, he not only that, but he's
subpoenas recruiters and local venders just to see if I'm
purchasing alcohol.
Speaker 11 (01:03:15):
He's out of control. I also think a lot of
your listeners are moms like me who've been in a
divorce with someone.
Speaker 14 (01:03:22):
Who's gotten narcissistic tendency. And it's really hard to get
the court system.
Speaker 11 (01:03:26):
In any state to recognize that.
Speaker 1 (01:03:29):
Actually, Jessica, Jessica, Jessica, Jessica, most of the times. I'm
serious when I tell you this most of the time.
And this is not against you. This is an observation
that I have over forty five years of listening to people,
and I'm going to tell you that courts bend over
backwards for biological parents, especially moms, and moms almost have
(01:03:52):
to be snorting meth at the courthouse steps to lose custody.
I'm saying that it is not easy to lose custody. Now,
having said that, I don't know what your situation is,
but I know one thing. If there is a standing
court order for revisitation and he's denying it. Is that
(01:04:18):
is that is he literally defying the court order for visitation?
Speaker 8 (01:04:22):
Yes?
Speaker 1 (01:04:22):
Oh, yes, so you actually have Wait a minute, your
your your you were your privileges were never taken away
or suspended for any reason. Right now, according to the court,
you have a right to see your children and he
is refusing to let you. Yeah, okay, now he is
going to say he's refusing to let you for their
(01:04:44):
safety and well being. Okay, that's going to be what No,
I know that, I know that, and that could be true.
I don't know you, right, it could be true. I'm saying,
so do you have you ever, here's what you need
to ask the court, and it's not going to be expensive.
You can literally write a letter to the judge. Write
(01:05:05):
a letter and say I can't afford an attorney and
my ex husband will not let me see the children
as ordered by the court. You reference your case number.
I'm not giving you legal advice. I'm telling you how
I would do it or what I would tell my
sister or brother. And then here's what you asked the judge.
(01:05:25):
I will voluntarily submit to periodic or regular yurin or
out whatever tests you need to take to prove to
the court that his allegations about you continuing your drinking
is false. That's if it is false.
Speaker 9 (01:05:43):
Jessica, what are a couple of things Baron?
Speaker 14 (01:05:46):
I perceive saying that number one, I've proven it with
multiple hairbolgical tests soberly seven years.
Speaker 1 (01:05:51):
What I'm asking is, are you willing to go to
are you willing to do regularly?
Speaker 14 (01:05:56):
Another level, the guarden that lightem in these cases gets involved.
Speaker 1 (01:06:00):
And what do you have a guardian at LAM in
your case?
Speaker 11 (01:06:03):
Test too?
Speaker 1 (01:06:04):
Okay? Do you have one currently?
Speaker 9 (01:06:07):
Yes?
Speaker 11 (01:06:07):
And she has sided with him?
Speaker 1 (01:06:09):
Well, there must be Listen. Why do you think she's
siding with him?
Speaker 14 (01:06:14):
Because when I go to her and say my ex
husband who is an officer of the court, he's an attorney.
Speaker 1 (01:06:19):
No, it's a course I'm asking you, Jessica, No, no, Jessica. Wait, Jessica,
there's multiple Jessica, Please please listen to me. Did you
ever tell the guardian at LTAM that you would be
willing to take regular tests for alcohol?
Speaker 14 (01:06:38):
Yes, because they're not looking at it like an alcohol
case anymore. That transitioned it to now mom.
Speaker 9 (01:06:44):
Might have a mental illness Okay, that's what they do
in these cases.
Speaker 11 (01:06:47):
That's how I understand it.
Speaker 1 (01:06:48):
That would they allow you to have supervised visits until
that can be determined.
Speaker 11 (01:06:54):
I don't know why they would do that when I've
got access to my kids without supervising vitation. That seems
to be going backwards.
Speaker 1 (01:06:59):
So it's never Here's what I'm saying. If they have
a guardian at LIGHTEM, and the guardian is siding with
your husband that you not see the children, the guardian
at LIGHTEM actually has the power to do that. So
are you sure the order him to not allow that?
Speaker 11 (01:07:15):
She just doesn't interfere, right, she just doesn't help protect him.
Speaker 1 (01:07:19):
But so she's never modified the child visitation she has.
Speaker 11 (01:07:24):
She has reduced it without having any generation.
Speaker 1 (01:07:28):
I don't, Jessica, I don't need your editorial. I need
to know what's going on to help you. I know
that you disagree with everything. I know that, but it
wastes time right now. So the question was the guardian
at LIGHTEM did modify your visitation? Yes? How much was
(01:07:48):
it reduced by one night? Oh that's all? Did she
order supervision? Okay?
Speaker 9 (01:07:57):
All right, what I want you to do because I've been.
Speaker 1 (01:08:01):
Okay again, I am not debating that with you, Jessica.
I'm not against you, Jessica, and I know you're against
everything that happened on the other side. I just want
to get through this so we can talk to our
attorney about it. Okay. So, so you're gonna hear from us.
(01:08:22):
We're gonna get them on on Thursday. Three oh three
seven one three eight two five five. Go with a
sure thing Denver's best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
(01:08:43):
insurance check up free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three seven seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
list your home with Remac Alliance three three nine two
zero sixteen twenty two. All right, I'm Tom Martino three
(01:09:11):
three seven one three talk Ryan. What's going on with
Elite Towing?
Speaker 4 (01:09:17):
Hey, Yeah, I've been traveling for the past month and
when I got back, I noticed my car was not
in my neighborhood.
Speaker 10 (01:09:24):
Parking lot.
Speaker 1 (01:09:25):
So when you say what is a neighbor tell me
what a neighbor I need to I'm sorry to interrupt,
but I need to ask what is a neighborhood parking lot?
Speaker 7 (01:09:34):
Oh?
Speaker 4 (01:09:34):
Just I live in like a townhome community, and so
there's parking spots in front of all the garages, and
then there's like separate parking spots that are not assigned
to any particular unit.
Speaker 1 (01:09:45):
Do you have an assigned parking space?
Speaker 4 (01:09:49):
I have the one that's in front of my garage.
Speaker 1 (01:09:52):
Is it assigned to you?
Speaker 9 (01:09:55):
Yeah?
Speaker 1 (01:09:55):
Okay? And is that where it was towed from?
Speaker 4 (01:10:00):
No, it was it was in the unassigned focke.
Speaker 1 (01:10:03):
And does your parking lot require permits? All right, hold
on a second, let's talk about this elite towing. We've
had other complaints. We'll see what's going on right after this.
You got to hang on. I'll come right back to
your promise. I'm Tom Martineau. Go with a sure thing
(01:10:32):
Denver's Best roofer Excel roofing dot com. You don't pay
a cent until you're content. Please time for an insurance
check up free, no obligation. Comparison call Compass Insurance paying
too much your coverage at dozens of insurance companies. Find
out now three O three seven to seven to one help.
You'll think you're his only customer when you choose Frank
(01:10:53):
durand the real estate man dot com to list your
home with Remax Alliance three three nine two zero sixteen
twenty two ripped up new need advice so you don't have.
Speaker 12 (01:11:13):
Come running.
Speaker 9 (01:11:14):
Just as fast as you can, Shooter's gonna help coming.
Speaker 2 (01:11:19):
Man, this is the Troubleshooter Show. Now, Tom Martine.
Speaker 1 (01:11:26):
Hey, I'm Tom Martino. I'll turn the camera back on
in a second. I don't know what the heck is
going on. I'm so tired of not working stuff anyway,
so I will. I promise I'm gonna turn it back
on in a minute. So if you're streaming you can
hear me. I'm still looking at your comments and all
that crap. I don't know what happened. But what I'm
gonna do is I'm going to uh take calls, and
(01:11:48):
I'm talking to streamers. By the way, my YouTube morns,
I'm not talking to my radio audience. Everything cool, We're here.
Ryan is Ryan? Is it Ryan? Or Rayana? Ryan?
Speaker 10 (01:12:03):
Yeah?
Speaker 1 (01:12:04):
Okay, that's an unusual name Ryan. Okay, so your car
was in an unassigned spot in a town home community,
but you live there, right, Yeah.
Speaker 4 (01:12:16):
I live there, I'm attendant, I'm renting it, and I
assume you have a right to park there, right, correct?
Speaker 1 (01:12:23):
Yeah, But do you have a right to park? I'm
just asking, souse. I don't know. Do you have a
right to park in the unassigned spots?
Speaker 17 (01:12:34):
Yeah?
Speaker 4 (01:12:34):
I mean, as far as i'm where, there's no specific
rules for those spots. I mean, you just can't park
in front of a garage that's not yours. Of course,
there's no kind of permit or any kind of restrictions
on those.
Speaker 1 (01:12:46):
So you guys don't have anything you have to put
in the in the windshield or anything.
Speaker 10 (01:12:51):
That's right.
Speaker 1 (01:12:51):
Yeah. How long was your car there before it was
towed static not moved?
Speaker 4 (01:12:58):
Yeah, so I've been traveling for the past around the
past month of November, so it's I.
Speaker 1 (01:13:02):
Think, hold on, now, that's that's a whole different ballgame.
I think. So your car was there in an unassigned
spot for one month or more.
Speaker 4 (01:13:13):
I think it was around a month. I don't know
exactly when it was, Toad, but okay.
Speaker 10 (01:13:17):
Got it.
Speaker 1 (01:13:17):
Bryan, didn't you want to explain to you why your
car was towed?
Speaker 9 (01:13:22):
Yeah?
Speaker 4 (01:13:22):
I mean I called the towing company and they claimed
that it was abandoned the vehicle.
Speaker 1 (01:13:28):
Okay, all right. Did they have a list of cars
and license went on your lease? Or when you do
you register your cars with the company? Okay? Yeah, I
mean so how would they let me ask you this?
How how would they know if some if the cars abandoned?
(01:13:51):
Did they tell you it's if it hasn't moved in
a certain number of days or weeks or hours? What
did they tell you?
Speaker 4 (01:13:59):
I'm I haven't heard any communications from either the property
management or tone company or otherwise, so I'm not really
sure about that.
Speaker 1 (01:14:09):
Okay, tell Elite, why didn't you ask? I mean, if
my car was towed, how did you even know it
was toad because they thought it was abandoned? How do
you actually how do you even just for how do
you know it was toad because it was abandoned?
Speaker 7 (01:14:24):
Yeah?
Speaker 4 (01:14:24):
So I got back in town night before yesterday, and
that's what I noticed, and I called the towing company,
and the towing company stated, okay, how.
Speaker 16 (01:14:34):
Did the towing company know? Who told the towing company
that it was abandoned. Who ordered the actual toe.
Speaker 4 (01:14:41):
I believe they said it was like the property HOA
or property management.
Speaker 16 (01:14:46):
Oh okay, so somebody from HUA reported it as an
abandoned car and ordered Elite to toe it away.
Speaker 1 (01:14:52):
And I don't think it's there. I don't think it's
the towing company's fault at all. They're the ones with
twok over why it's towing, I know, but it's still
not there. The management company said, come and get it.
It's their property. They have every right to tow. Now
there might be yeah, there are laws regarding notice and
all of that, And I don't know what they did
(01:15:14):
or how they have to do it on private property.
I really don't know, but let's put it this way.
I think the problem was with the management company. So
when you heard that the management company called it abandoned,
did you look to your lease or buy laws or
any kind of documentation or did you just simply I
would have gone to the management companies said excuse me,
(01:15:36):
why was my car towed? I mean, didn't you ask
right Ryan or ran?
Speaker 10 (01:15:41):
Yeah.
Speaker 4 (01:15:41):
I've given them a call and I basically got directed
to a call center and they said that it's like
a management company that has multiple neighborhoods. Yeah, they would
for the information to the one from my specific neighborhood,
and they get back to me, and I haven't heard
back yet. I mean I only did this yesterday, but
I don't heard back yet on that.
Speaker 1 (01:16:01):
Day. Can you give me a quick call you think, Yeah,
let's just do a quick call for you. Man, when
you called, do you have an office right there that
you can walk into and say, hey, by the way,
when is a car considered abandon I mean, can't you
just talk to someone?
Speaker 4 (01:16:17):
Yeah, there's no on site office or anything.
Speaker 1 (01:16:19):
Oh okay, then who if there's no onside office, does
the towing company have standing orders?
Speaker 4 (01:16:30):
I'm honestly not sure about that.
Speaker 1 (01:16:32):
Hey, Ryan, why didn't you park in front of your garage?
Speaker 4 (01:16:38):
So there's the garage, which is where my wife's cars parked, And.
Speaker 1 (01:16:44):
Okay, so you couldn't. You couldn't very well just leave
it out there because it would block her.
Speaker 2 (01:16:48):
Right.
Speaker 4 (01:16:50):
Well, it's not even about that. So my driveway in
particular is like extra steep, and it's too steep to
get a sedan up there. So the second car was
a sedan, so I literally just can't get up the
draft without so.
Speaker 1 (01:17:01):
You never parked there. You never parked there, right, Yeah.
The only difference between when it was TOTD and when
it wasn't is you use the car every day. Yeah,
but that but when you were traveling, and since your
wife didn't move it for you and or you didn't
know about it, but somewhere here's going to be the problem. Ran.
(01:17:22):
If it's written somewhere and you just didn't know or
see it, it's going to be a problem for you.
If it's written somewhere, what I mean is in your
bylaws or something. Am I right to assume you could
have parked there under normal circumstances and you wouldn't be told.
But because it was there a long time, it was Toad.
Speaker 4 (01:17:44):
I mean certainly, I've been least in this place for
six seven months and that's it. I haven't changed anything
about the parking, except, like you said, the fact that
I've been gone and haven't been moving the cars them.
Speaker 1 (01:17:54):
Yeah. Okay, So how much did all this cost you? Ran?
Speaker 4 (01:17:58):
They're telling me that it's too point three grand to
get it out?
Speaker 1 (01:18:02):
What wait wait wait wait wait wait wait wait wait
wait a minute, twenty three hundred dollars.
Speaker 4 (01:18:11):
Yeah, exactly exactly what how do they whatever? They're daily
holding feet and they've had it for about a month,
so for about a month.
Speaker 9 (01:18:21):
So but.
Speaker 1 (01:18:24):
Wait they told it like right at the beginning of
your train. We don't know. I mean, Ryan, you got
to help us out if we're going to help you,
because I don't want to start fighting and find out
you were gone two months? Exactly how long were you gone?
Speaker 5 (01:18:36):
Bro?
Speaker 2 (01:18:38):
I was gone.
Speaker 4 (01:18:39):
I left November. Let me see, I left November eleventh, eleventh.
Speaker 1 (01:18:47):
Oh okay, and the thing is the thing is okay,
November eleventh. Then when did you return? We're on a
roll here. Where when did you return?
Speaker 4 (01:18:58):
I returned on Sunday?
Speaker 1 (01:18:59):
There, okay, so okay, so.
Speaker 16 (01:19:03):
It was the car parked there before November eleventh? Though
what date did you actually park the car?
Speaker 1 (01:19:09):
What date? Okay, that's okay, thank you, d that's a
good point. When did you actually park the car there
for the and leave it? When did you actually park
it there?
Speaker 4 (01:19:19):
I mean the car has been there since I moved here.
Speaker 1 (01:19:23):
No, that's not what I'm asking. So no, no, no,
that's not what I'm asking. You used your car before that?
What I need to know. Listen to what I'm asking,
because it's really important. When was the last time your
car had been moved from that spot?
Speaker 4 (01:19:43):
Probably about a week or two. I've been using my
wife's car.
Speaker 1 (01:19:48):
Okay, so probably is it say a week or two?
So basically all of November it was parked there.
Speaker 10 (01:19:57):
Yeah.
Speaker 1 (01:19:58):
Yeah, well not all of November because you don't know
when they towed it, right, You don't have an exact
tow date.
Speaker 15 (01:20:05):
No.
Speaker 4 (01:20:05):
And the thing is, I also think is I'm just
leading up to the trip. I honestly don't even know,
Like like I didn't notice, I didn't notice. I can't
say for sure whether or not it was there before
I left on my trip or now, like it might
have been towed before. But I honestly just you know,
I hadn't been using the car for that time.
Speaker 1 (01:20:25):
Okay, you didn't notice, You didn't notice, So it really
could have been in storage for a full month. Yeah, yeah,
even though you left on the eleventh, it could have
been towed two weeks before that. You never know, right, right,
So listen, man, what kind of car is it?
Speaker 4 (01:20:46):
It is a two thousand and five to Tua album.
Speaker 1 (01:20:51):
What is it worth? Because it's almost twenty years old?
Speaker 4 (01:20:55):
What is it worth Yeah, yeah, on a private mark
and it's probably a five or six grand, six grand.
Speaker 1 (01:21:03):
It's it's really not worth you getting it, I mean,
is it? I mean, be honest here, do you owe
money on it? No? I bought it. I'm not telling you.
I'm not telling you we can't help you. I'm not
telling you that I don't know the situation yet. There
are new laws on releasing your car. They have to
release your car. Can you look that up? D But
(01:21:24):
but remember this was a private toe. But he wasn't
blocking traffic. Now you could have been given notice. Help
us out here. Did they say, hey, we put a
notice on the car and you didn't move it? Blah
blah blah. Did they say any of that? Not on
my phone call? And you should be asking you should
(01:21:45):
be asked.
Speaker 5 (01:21:45):
No.
Speaker 1 (01:21:45):
No, the toe company, they're required if you're not blocking traffic,
they're required to tell you to give you notice before
they tow it. Did it have current license plates on it?
Speaker 4 (01:22:00):
No, it didn't know it didn't.
Speaker 1 (01:22:01):
Oh god, did it have any rayan? See this is
the problem.
Speaker 2 (01:22:06):
Man.
Speaker 1 (01:22:07):
You keep unloading, you keep like, you keep like revealing
stuff that gives them more and more and more and
more justification. I'm not saying that you shouldn't get your
car back, and they shouldn't. There's a certain law about
getting your car back with a minimum amount of payment.
I got to look it up. But let me ask
you this. How did it have license plates at all?
Speaker 16 (01:22:29):
Yeah?
Speaker 4 (01:22:29):
It had license plates, And it's actually like I was
planning on selling the car. That's why I didn't renew
the registration.
Speaker 1 (01:22:35):
It doesn't matter. I'm not judging you. How expired were they?
Speaker 4 (01:22:43):
I believe the plates were from twenty three.
Speaker 1 (01:22:48):
Oh man, you aren't such bad shape right now? Hold on, Ryan, right, ray,
and let's see what we can do. I'm gonna have
get his information. I want d to do some event instigating,
and then I want to investigate the law because there
is I thought there was a certain law that said
if he made a certain payment, they have to release him. Yeah.
(01:23:09):
There are two issues.
Speaker 16 (01:23:09):
One is, yeah, they're required to put him on a
financing plan.
Speaker 1 (01:23:13):
But they had a right, they had a right.
Speaker 16 (01:23:16):
Well, I think the new law prohibits towing for expired
license plates.
Speaker 1 (01:23:20):
Now that's probably okay, But what about abandon look it up.
I hope you're right. Hang on, bro, we'll be right back.
I'm Tom Martine more coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance
(01:23:44):
checkup free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three O three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino, your troubleshooter three ozho three
(01:24:13):
seven one three talk three oh three seven one three
eight two five five. I guess my computer has decided
I'm ugly and won't take my camera. But I'm gonna
keep trying, folks, so just please put up with it
for a second. I don't want to hear it. Hey,
so let's go to the phones. Here's what I think.
(01:24:35):
I think that that guy is going to be out
of luck. I think he did everything wrong. And however,
I looked up the law and I said, uh, and
here's what here's what it says Dimitri's looking it up,
Deputy D. Under the new Colorado law effective August twenty
(01:24:56):
twenty two, towing companies are generally prohibited from removing vehicles
from private properties solely due to expired license plates, unless
directed by law enforcement. However, there are specific circumstances where
a vehicle can be towed without prior notice. Okay, now
(01:25:19):
let's talk about that. It's including blocking access. He wasn't
unauthorized parking in a space designated for another person. He
wasn't doing that permit violations, he says, They don't require permits.
So in his situation, the vehicle was parked in an
unassigned spot in a town home community for a month
(01:25:40):
with expired plates. Since it wasn't blocking traffic or occupying
someone else's designated spot, and no permit was required, the
towing company could not tow them under this law.
Speaker 16 (01:25:58):
Well, it could be that the but he was sparked
and is reserved only for visitors. I've been to plenty
of those communities.
Speaker 1 (01:26:04):
Well that's that. Even if it was considered an abandoned
that's can said. Now, now they mean a sign to
someone else, I don't think they mean a sign to
visitors in general or mankind. I'm reading the law now,
it's twenty eight pages. It will be a while. Now,
if your vehicle was towed under these conditions, you might
have grounds to contest it. You can file with the PUC.
(01:26:28):
Now listen, I really believe. I truly believe that this
guy was screwed. I really do. And Okay, I'm going
to ask this. If I racked up a twenty three
hundred dollars tow and storage bill, do they have to
(01:26:52):
do they they have to release my car. I'm going
to ask that. By the way, I'm asking my boyfriend,
and it used to be my girlfriend. But then they
change to a male voice. I can't get it back
to a female voice. So I'm still confused a little bit.
Speaker 4 (01:27:08):
Boy This time he left his car there for it
could be a month with plates that expired by nearly
a year at the best case.
Speaker 1 (01:27:16):
Doesn't matter. Doesn't hey take it up with the take
it up with the lawmakers. Bro Under this law, that's
not grounds to tow a car. Wow, Okay, it's not
under this law. It's not unless he was blocking traffic
or in someone else's space. Under Colorado's it it goes
(01:27:36):
here effective August twenty. I said, if your vehicle was
told that, blah blah blah. Okay, here's what it says.
You can recover your vehicle by paying fifteen percent of
the total fees or sixty dollars whichever is less. Get
this guy back on the phone. This guy, this guy
can pay sixty dollars and get his car back. No,
(01:28:00):
he's gonna have to sign a financing It doesn't say
that here. It doesn't say that. I mean, maybe it does.
I'm not reading the law. I'm reading, you know, chat
my boyfriend. Let me let me just put this. Will
I have to sign a finance agreement for the balance? Okay,
(01:28:22):
let's see what this is. By the way, No, under
the Colorado Towing Bill of Rights, the finance agreement to
get your car back for a minimum deposit. But then
everybody's just gonna pay sixty Why that's our law. Take
it up with your progressive legislature. I think they have
(01:28:43):
a heart in this case. Fifteen percent of total fees
or sixty dollars, whichever is least. Listen to Dimitri, you
ought to call Elite for this. I'm going we ought
to do it like immediately get him back on the phone.
Speaker 16 (01:28:56):
I want to tell him to see this contact information
so I can get his license plate.
Speaker 1 (01:29:00):
Come on, get off the mimosas, Kelly, get on this
damn thing. Come on, I got it. I just got
a text. All right, thank you, Tom, Kelly, than Kelly.
I love my listeners. Okay, I love them, except for
the YouTube morons. Now, my camera's down for a minute.
I'm gonna get it back up here in a minute.
I don't know what's going on. All of a sudden,
(01:29:21):
my obs studio says, I'm ugly and they can't show me.
Speaker 10 (01:29:25):
You didn't anything.
Speaker 1 (01:29:26):
Well, actually I did. I don't know what's going on shows.
I just don't know what's happening. I just don't know
what's happening. My camera's out, but I will I will
work on it. Here's what I want to say, though,
I don't understand why towing companies would do stuff that
(01:29:47):
they know is wrong. Right, So I don't I don't.
I don't get it. Why would they do something that
they know is wrong? Can anyone tell me this? So
I want to know it's not because I think it. Well, okay,
(01:30:10):
I'm just saying that I think it Okay, I just
think is wrong. I'm going to go find this damn
camera though, and I'm going to add it because I
think I am like I, I just can't believe my
camera just took her crap and it won't it will
not do anything. And you know what really helps when
cameras do that. Cameras do that memosas memosas. Yeah, I
(01:30:34):
don't know what's going on with me right now, but
everything seems to be going to anyway. So here here's
the thing. If you if you we got to call
this toe company because what I'm seeing, they're breaking the law.
It says you only have to pay sixty dollars. Think
(01:30:55):
about that dragon, And as Dimitri said, if they can't
make you finance it and all you have to pay
is sixty dollars to retrieve your car, to prevent everyone,
you have to set up some kind of payment plan
for them. Yeah, no, you absolutely do not under this law.
Now here's what I think. Hold on, here's what I
(01:31:16):
think would happen. The law doesn't address it. But if
the toe company claims you owe twenty three hundred dollars,
they have to release your car for sixty That doesn't
mean that they can't come after you for what they
feel is a bill of twenty to forty right, so
(01:31:42):
they can probably pursue it as a collection, but they
can't keep your car, damn it. You know what, I
think it's a good law. I think it's a good law. Now.
I know Mark was on here to be calling me
a liberal creep and progressive and all, but it has
nothing to do with libertate conservative. It's like, people need
their car, for God's sakes. It's not like this guy
(01:32:04):
did a capital offense. He left his car with a
expired plate in an unassigned parking spot. Does he deserve
capital punishment for that? And and you know, whether you
guys like it or not, all of you morons on
YouTube saying all these stupid you just can't park in
(01:32:25):
the line without moving it, Well, guess what, According to
the law, you can as long as you're not taking
someone else's spot, someone else assigned to someone not mankind
in general. Okay, that it's an assigned spot anyway. That's
just the way it is. Three oh three seven one,
(01:32:47):
three eight two five five is our number if you
want to give us a call. And that's just the
way it is. The law is for the common man.
By the way, renew home innovations will do the most beauty.
A full shower conversion with stone walls, Yeah yeah, or
there their stone resin and they look just like stone.
No maintenance, no threshold to stumble over. It's great for
(01:33:10):
you when you get older, or for anyone. Glass panels
that are beautiful, no fog panels, the whole thing. Man
they do in two or three days, with seventy two
months to pay, no interest in these days. You try
to get that anywhere three O three nine zero four
to two thousand. Tell them Martino told you. Call three
O three nine zero four two thousand. Go with a
(01:33:35):
sure thing Denver's 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. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three all three seven to seven
to one help. You'll think you're his only customer when
(01:33:56):
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi, Tom Martino, all
of my peeps will be happy to know that my
pretty face is back up and running on the uh
(01:34:17):
whatever on the stream here. So people, Dan McKenzie specifically,
I think I can switch to you without crapping up here.
Let me just make sure I can, because I'm afraid
of this thing now. The switcher was like, anyway, Dan mackenzie,
I do you have some text here? Seriously, Tom, you
were talking about investment accounts. I noticed, Oh, this is
(01:34:39):
a guy that met with my guy Pat from Wave
eight Wealth Management. He said, I noticed there's a place
for a beneficiary on every investment account. Do I need that?
If I have a will? What good is it? What
do you advise as an attorney? He's not asking me that,
he's asking Dan McKenzie said, Dan, when I sign up
people for investment accounts, Yeah, there's a place for beneficiary.
(01:35:02):
Now technically, if you have a beneficiary there, does that
negate the will's beneficiary for that? I mean, how does
it work? Tell me about it?
Speaker 6 (01:35:10):
Those are followed before the will. So if you, oh, really,
you have an account that says this account goes to
Tom on my death and my will says, everything goes
to Dmitri on my death, You're going to get that
account and then Dmitri is going to get what's left.
Speaker 1 (01:35:22):
So wait a minute, so benefit this is really important
news people. Beneficiary designations on everything come before the will
and probate and the estate. Yeah, did everyone know that?
Speaker 9 (01:35:35):
No?
Speaker 1 (01:35:35):
No, no, I'm serious. I'm serious, guys, honest to goodness, No,
smart ass YouTubers, I'm asking you, did you know this?
Did you know this out there listening in your car
or in the gym, that every beneficiary designation supersede your will?
Now I got to actually, I got to actually make
a note of this because I've learned something. So if
(01:35:58):
you have a will, if you have a trust, so
what if you have that? So what should they do?
Leave it blank? Or should they say refer to the will.
Speaker 6 (01:36:07):
Or got to be aware of this and coordinate correctly,
because maybe you wanted to go through the will, maybe
you want that account to go through the will, but
if you put a beneficiary on it, it's not going
to do that.
Speaker 1 (01:36:16):
They're going to follow the instructions you gave them. The
secret said he knew it. Hmm. Anyway, Oh, now I'm
being told my camera's taking another it's on mid fade.
See you know what it is. I have a bad
switcher here. I'm doing away with this damn switcher. I
think it's Dan. You know what, when Vinkenzie wasn't on camera,
(01:36:37):
it never happened. It's when his face came on everything
broke down. Wait, wait a minute, that's the only thing
we did differently Dimitri. When his face was on here,
all hell broke. Look. Plus he brought pizza. Yeah, so listen,
let's talk. Yeah, I see my face there. Yeah, this
this is really a bad switcher people. Now it went Now,
(01:36:57):
I got it. Okay, So I want to tell talk
about doing estates the right way. Then, if you want
everything to be according to your will or trust, you
should not designate beneficiaries on your pods, payable on death
certificates for your bank accounts, or your beneficiary information for
(01:37:19):
your investment case.
Speaker 6 (01:37:20):
I've advised people to pull beneficiaries off because they want
the will to control. I've advised them to put it
on because like, yeah, yeah, that says I totally disinherit Tom.
And then I got a life insurance policy out there
that has you as a beneficiary and you're gonna.
Speaker 1 (01:37:33):
Get more money than anyone else. So it's just you
just got to be aware of it. You got to coordinate.
You got a coordinator. Do you do that when somebody
comes out? Do you ask about beneficiary designations? Okay? Through everything? Yeah,
because I I do have some conflicts actually thinking right now,
I do. Uh huh, yeah, that's the problem. I mean.
Speaker 6 (01:37:51):
So that's the benefit of a trust is you put
everything in the trust and then changes going forward you
make them to the trust agreement. It's just one centralized place.
If you're using designated beneficiary is remember those attached to every.
Speaker 1 (01:38:01):
If I can prove what if somebody proves that the
will or the trust came after the beneficiary, doesn't matter.
I don't know, people, I really, I really have learned
something by that that that's incredible to me and something
else incredible and dragon don't faint. I'm gonna take a
break on time three O three seven one three eight
(01:38:23):
two five five go with a sure thing Denver's 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. In comparison, call Compass insurance paying too much
(01:38:45):
your coverage at dozens of insurance companies. Find out now
three O three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty you but hi, Tom Martino here three or oh
three seven one three talk three oh three seven one
(01:39:07):
three eight two five five. Celia's on the phone. Now, Celia,
what can we do for you?
Speaker 17 (01:39:15):
Question?
Speaker 2 (01:39:16):
Yeah, I got to sell.
Speaker 9 (01:39:18):
It's a serving district court and I'm eighty eight years old.
Speaker 11 (01:39:22):
What's the cutoff day on the age on this?
Speaker 1 (01:39:26):
Is that for jury duty? Dear?
Speaker 9 (01:39:28):
Yeah?
Speaker 1 (01:39:29):
For jury duty? Okay, Well, I don't believe. Do you know,
Dan mackenzie, if there's a cutoff date on age for
jury duty? I think if you're alive and registered, if
you're registered vote, I don't think so. Yeah, No, they're
going to ask you.
Speaker 5 (01:39:43):
Now.
Speaker 1 (01:39:43):
That doesn't mean you can't get out of it. You
could probably call them and and explain it to them.
I mean, is there a number for you to call?
Speaker 18 (01:39:54):
Yeah, but it's really a reporting number of some sort.
Speaker 9 (01:39:57):
But I can try.
Speaker 1 (01:39:59):
Now, here's what what happens? You call and they say
they do give the numbers, So there's a very very
good chance that your number won't be called. In other words,
they if you listen carefully to the message, it'll say
number numbers one hundred to two hundred excuse, or number
three forty to eight. You know they Have you ever
(01:40:20):
called the number and listened? Have you ever called that
number to listen?
Speaker 11 (01:40:27):
But I had to go online and set out a form.
Speaker 1 (01:40:32):
Okay, they probably if you give them your day to
birth and all that, they probably won't make you commit. Well,
when did you do that yesterday? Okay, so you'll hear something.
When is the do date? When do you have to appear?
Speaker 12 (01:40:46):
It's for next month?
Speaker 1 (01:40:48):
Okay. I think you're going to hear something, but we'd
be happy to help you if you don't. Okay, right now,
I would give it a few days. Hey, Kachina, would
you take her number? Can you put a tickler on
the calendar. Let's call her back next week and see
if she heard. Can we do that? Or I'll tell
you what. Let me give it to somebody to do.
(01:41:10):
Hold on, is hey bo are you there? Or is
a Dollar. One of you guys in this Shopper and Dollar,
let me get that one too, Tom, Yeah, Chopper, would
you make a note on your on your calendar or
something to call her. Let's call her next week and
in a week looks like on Wednesday, and let's see
if she's heard anything. If not, we can call as
(01:41:33):
an interested party our friend Celia. Are you unable to
make it?
Speaker 18 (01:41:41):
It would be difficult if I could.
Speaker 1 (01:41:42):
If I had to, Yeah, I mean, I just thought
it might be interesting to get out and do it.
But if you don't want to, I mean I can
see that. Are you in good health?
Speaker 11 (01:41:53):
Well I have to use a walker if I'm out about.
Speaker 1 (01:41:57):
Yeah, I'll know her out. Tom, Yeah, give her something
so you hang on, okay, and we'll we'll take care
of you. Okay. Three oh three seven one three eight
two five five. Let me go back to Dan Mackenzie
and I have another text here speaking more about beneficiaries.
(01:42:18):
They want to know. Oh, this is not about a beneficiary.
This is something they're calling at caud of Seal. What
is that? That's an amendment to a will? Okay, you
once told me I believe you would rather just rewrite
it than do an amendment correct.
Speaker 6 (01:42:34):
Why uh, you know, they the amendments, they just they
get missed and they're hard to keep track of. It's like,
you know, you do one amendments says paragraph seven gets
change of this, and you get another amendment that says,
now paragraph five gets change of this, and then.
Speaker 1 (01:42:48):
Yeah, yeah, yes.
Speaker 6 (01:42:49):
It's like when you're trying to interpret it afterwards, you
miss them. It's hard to figure out what got changed.
Speaker 1 (01:42:54):
It's almost easier to just rewrite it. Just rewrite it.
Speaker 9 (01:42:57):
You know.
Speaker 6 (01:42:57):
This is we're not using typewriters. We don't have to
retype the whole thing. We just do it in a
word process. I've just split the whole thing out again.
You know that those kinds of things were really for
back in the day when you had to retype, you know,
a whole fifty page.
Speaker 10 (01:43:08):
Now, some.
Speaker 1 (01:43:10):
Attorneys utilize paralegals and other people to keep the price
down and then they give it the blessing, so they
have differently hourly rates doing estate planning. Attorneys do that.
Speaker 6 (01:43:19):
We do because, frankly, our area of law is one
that is pretty amendmental to having people who have knowledge
but not necessarily law degrees.
Speaker 1 (01:43:27):
I mean the lawyer has to be involved. No, of
course you have to bless it. But you can, like
you can have good people that do research and do
different things, and.
Speaker 6 (01:43:36):
You know a lot of I mean, you know, we
do use paralegals, and some people feel like, you know,
having the lawyer do everything is better. I respect that position,
but it's like, look, you know what it'll cost. It's
going to cost you war. You want me to be
printing and organizing and doing all that stuff. I don't
think that's a good use of your money.
Speaker 1 (01:43:52):
Okay. And as far as this one said, I referred
to an ll see. I'm not going to read it,
but I know what he's talking about as a poor
man's trust. Now, I'm not saying that you recommend don't
do a trust, right, but there certainly are ways that
an LLC can take its place. There really are. Oh yeah,
(01:44:15):
we if we use LcA's for estate planning to and
what would be a good example of like maybe a business.
Speaker 6 (01:44:21):
It's it's where you want, it's really good where Yeah,
a business, of course, but like any any property where
the family wants to be involved. Kind of equally, I mean,
the problem with a trust is it puts one person
in charge.
Speaker 1 (01:44:33):
Right, So you know that trustee might want to say
you can make an LLC someone in control. You can, yes,
and there would be.
Speaker 6 (01:44:40):
But then you within the LLC operating agreement you can say,
but it's only the property is only being sold if
a majority of these people agree on it.
Speaker 1 (01:44:47):
Wells ways, so it's more like a business. I think
in some ways it's probably simpler to interpret and enforce
an LLC. No, yes, yes, it probably, it probably could be.
Speaker 6 (01:45:00):
But I'm really talking about, like Elsie's just give multiple
people a way to be involved in a way the
trust don't.
Speaker 1 (01:45:05):
And sometimes you want like, well a trust does have
even though they have a trustee, they do have errors, right,
But in the end, let's say the errors are saying
we want to hold onto this the trustee happened, and
the trustee is like, no, they the trustee has ultimate powers.
The trustee is there to make decisions. Okayficiar, they take
your place. Basically, yeah, what.
Speaker 6 (01:45:26):
The beneficiaries think is not always what's best for them
forras something, so they might want to keep that property.
Speaker 1 (01:45:31):
Trust He's like, I know, you guys can't maintain this,
Like with the farmer who's got more, come and right
up go with a sure thing Denver's Best roofer Excel
Roofing dot com. You don't pay a cent until you're
contenth time for an insurance checkup free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
(01:45:53):
of insurance companies find out now three oh three, seven
to seven to one help. You'll think you're his only
customer when you choose Frank Durant, the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Yea ripped.
Speaker 4 (01:46:14):
News need advice?
Speaker 1 (01:46:16):
Who you don't have?
Speaker 7 (01:46:19):
Come running just as nass as we can.
Speaker 1 (01:46:23):
Shooter's gonna help coming man. This is the Troubleshooter Show.
Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three oh three seven one three talk three oh three
seven one three eight two five five. Welcome and what
is on your mind? Let's go to the phones. George
(01:46:48):
is calling me with a problem. You can call it anytime.
Three oh three Martino three oh three six two seven
eighty four sixty six. You can call by the way
anywhere you want like. You can call it at any time,
I should say, leave your number and we will get
back to you, so you can be on twenty four
to seven. That's three oh three Martino three h three
sixty two seven eight four sixty six. This hour brought
(01:47:11):
to you by Genesis Total Exteriors. Remember they're doing doors
two for one, changing out interior doors to upgrade your home.
They're wonderful people. Genesis tootal Exteriors dot com. They're also
doing balluster upgrades and railing upgrades from wood to metal,
beautiful metal. That's Genesis Tootalexteriors dot com. So Dimitri, you
(01:47:33):
have a follow up? What do you have going on? Bro?
Speaker 16 (01:47:36):
Oh well, a few minutes ago we spoke with a
gentleman named Ryan whose car got towed away and oh.
Speaker 1 (01:47:42):
My god, that was oh oh oh. Let me tell
people Ryan, is it Rayn or Ryan? I called him Bryan, okay,
but it's spelled Rayan. He says that his car was
towed from the town home parking lot. It was in
a unassigned spot for a month or more with expired plates.
The toe company wants the towing company says, he owes
(01:48:06):
twenty three hundred dollars.
Speaker 16 (01:48:10):
So what's going on with that, Well, I got a
call back from a very well informed manager at Elite.
Speaker 1 (01:48:15):
His named the gentleman's name is Jacob.
Speaker 16 (01:48:18):
He said that they actually towed the car away in
October nineteenth and holy.
Speaker 1 (01:48:23):
Crap, yeah, October nineteen. It was gone for a month,
a month and a half, yeah, and more than a.
Speaker 16 (01:48:31):
Month two months, yeah, months, well, a month and a half.
I think we're on the fine first day or something
like that.
Speaker 1 (01:48:37):
And the toe was.
Speaker 16 (01:48:38):
Ordered, so obviously they're heavily regulated nowadays, so they have
perfect records of this. The toe was ordered by a
member of the board of the HOA who did a
couple of things, which is, provided photos of the car
and provided a notice, provided a notice on the windshield
of the car, and that's also reflected in the in
(01:48:58):
the photos post. Yes, so it sounds like they complied. Now,
we did discuss what happens and he said that, and
this was a surprise to me. The state requires them
to dispose of the vehicle within sixty days, so it's
been forty five now, so it's going to go to
auction if the caller doesn't come in and retrieve the.
Speaker 1 (01:49:18):
Car sixty dollars. Well, the laws.
Speaker 16 (01:49:21):
That's only in the first thirty days, according to the
gentleman of the laite.
Speaker 1 (01:49:27):
However, there is good news.
Speaker 16 (01:49:30):
So it is true that the car is racked up
approximately twenty four hundred dollars in storage and to fees
right now. But Elite is willing to release the car
for one thousand bucks. And if Ryan doesn't have a
thousand bucks burning a hole in his pocket, they're willing
to negotiate some kind of a time, some kind of
a contract for.
Speaker 1 (01:49:49):
The trim to pay over time. That's sixty bucks or
the depot or the rack, whichever is least.
Speaker 16 (01:49:56):
That is only in the first thirty days. Right in
the first thirty days. After that, they have to start
getting the car ready to go to auction. They're not
even allowed to keep it six for more than sixty days.
So look, they told the car away October nineteenth. This
guy pulls a root fan winkle and discovers just a
(01:50:17):
couple of days ago that the car is gone. So
I can absolutely see how it racked up so much money.
I think a lade is going out of their way
by offering to release it for one thousand.
Speaker 1 (01:50:27):
But did he say anything. If he did, it had
he done it in the first thirty days. What he
would have done with the balance, No, because that wasn't
an issue.
Speaker 16 (01:50:38):
He just he's required to release it for either fifteen
percent or sixty dollars, whichever is less, within thirty days.
Speaker 1 (01:50:45):
Within the first thirty days, okay or fifteen percent? Okay?
What else did you find out? Anything?
Speaker 9 (01:50:51):
Now?
Speaker 1 (01:50:52):
I think that's all the important stuff. But the guy's
willing to negotiate. Well, he already offered to Yeah, he
said that he'll release it for a thousand You call back,
Rayan was he to do? I haven't called him yet.
Let's let him know. I'm going to some This is
amazing stuff, man, Okay, you know what. I love this
(01:51:12):
show people. I was talking to somebody the other day
and I said, it's not that I'm smart, It's that
I've heard everything and I retrieve stuff. There's a difference
between knowing and retrieving, right, Well, you know when you
retrieve because it's in your mind somewhere. But and I'm
(01:51:33):
not saying I'm not smart. I'm just saying that I
think anyone who sits for forty five years doing the
show and talking to people every day, you just got
I mean you just have to eventually absorb stuff, right
and know stuff. Now, George, what's happening with you? Man? Yes, sir,
(01:51:57):
it is what's going on with you?
Speaker 9 (01:52:01):
Yes?
Speaker 10 (01:52:02):
I purchased a gun from the shooters Tarren Inglewood, the
established business, and I didn't take possession of it, even
though on the twenty ninth, so I was in November.
I went a hit and pre paid for it, so
I want to hit. And I didn't do a background
check and no serial number was assigned for the weapon.
Speaker 1 (01:52:23):
They gave me a receipt for I went, now, hold on, wait,
so you pre purchase, you pay for it, they do
the background check, right.
Speaker 10 (01:52:31):
No, they did not do the background check.
Speaker 1 (01:52:33):
But are they going to do it? I mean that
was the intent, right.
Speaker 15 (01:52:38):
That's why I went back, Yes, okay, so go ahead,
all right? So I asked to see the weapon.
Speaker 1 (01:52:46):
And how much did you pay? How much did you pay?
Speaker 10 (01:52:50):
We're talking at nine hundred and fifty dollars before tanks.
Speaker 1 (01:52:54):
But you really didn't buy it. What you did was
you put a deposit on it. You can't buy it
until you can't buy it until after the background check.
So the way some shops do, they take a deposit or,
they take payment and full and then they do the check.
The controversy comes if you don't pass the check. Some
(01:53:16):
of these idiots think they can keep your money.
Speaker 15 (01:53:18):
And they can't, but they think that, Well, I think
that's what they were.
Speaker 10 (01:53:21):
Trying to do.
Speaker 1 (01:53:22):
Yeah, well is that what's going on with you? So
what happened? You paid? You paid them some money.
Speaker 10 (01:53:27):
What happened then the whole price on a deff card
And I told him no, no, no, that's not the weapon.
I'll go ahead. I want a new one. He said,
well take some Wait.
Speaker 1 (01:53:36):
Wait, wait, wait, hold on, George, George, I missed that part.
This gun that you bought, This gun that you bought,
did you pick it out of a catalog or out
of the case.
Speaker 10 (01:53:46):
It was a glass case on display, okay, center in
the room, no sign saying use weapons and no sign
indicating no tag on the weapon itself saying it was
a used weapon that I was buying.
Speaker 1 (01:54:00):
Case you you did not know? Hold on, did you
take it out and handle it and look at it?
Speaker 10 (01:54:06):
She was the one that they had in the case. Yes,
I loved it.
Speaker 1 (01:54:09):
And you didn't think you were buying that one? No,
you thought they were hold on, George, did you think
they were ordering it?
Speaker 10 (01:54:21):
I did, and you thought the back.
Speaker 1 (01:54:23):
And you thought that was okay. So you thought that
was just the display model and you were going to
get a new one from the back or they were
going to order it, and.
Speaker 10 (01:54:34):
You are, yes, that's exactly okay.
Speaker 1 (01:54:35):
So then what happened? Then? Then keep going what happened? Then?
All right?
Speaker 10 (01:54:40):
I could not do the background check at that time.
I went ahead and told them.
Speaker 1 (01:54:45):
I'll be why can't Why couldn't you do it? I'm
just curious why you couldn't.
Speaker 10 (01:54:48):
Do it at the at that time because the sales presentation,
uh took a real long and my wife was waiting
in the car, and I figured after about an hour
and a half, you had a no, So I'm not
going to take another hour to do the background.
Speaker 1 (01:55:01):
Check, all right, So you left and came So you
came back and said I'm ready for my background correctly,
and he did the background and then he said here's.
Speaker 10 (01:55:12):
Your gun, and you said, huh, no, I asked to
see the weapon before I did the background check.
Speaker 1 (01:55:17):
So you said, okay, I'm here to do my background check,
but I want to see the weapon. Because you were
expecting him. You were expecting him to take a weapon
from a box that he had ordered for you or
got from the back room, and instead he went back
over to that glass case and took that one out.
Speaker 10 (01:55:35):
That's yeah, pretty much.
Speaker 1 (01:55:37):
And then he said, here's your weapon, And you said,
but wait a minute, I thought I was getting a
new one, correct, right, that one that he showed you
in the glass case? What was not new about it?
Speaker 10 (01:55:51):
It had been used. You could tell. He was quite
evident it had been used. Plus it was wrapped in
a gun carry cost case.
Speaker 1 (01:55:59):
When he open that up, did he say it hold on, now,
I'm not asking if you agree or not. Did he
say it was used?
Speaker 10 (01:56:09):
That's not what therefore I pay not? When I went
back to it, yes, he said it was used. Okay, No,
that's not what you said.
Speaker 1 (01:56:18):
So did you say, let's just undo the whole thing exactly?
And what did he say?
Speaker 10 (01:56:25):
There'll be.
Speaker 1 (01:56:28):
Towards okay? And he called it a restocking fee, right, restocking?
There was no restocking fee.
Speaker 10 (01:56:35):
You never took it, that's correct. That's what I told him.
I never took it.
Speaker 1 (01:56:40):
Now, to his defense, to his defense, you did see
the gun before you bought it. You didn't know it was.
What made you think that that was just a display
model and that was not the gun you were buying?
What made you think that?
Speaker 10 (01:56:59):
I'm sorry, repeat that there.
Speaker 1 (01:57:01):
Yeah, so you went in there and he showed you
the gun and said here it is. Did he say
I'll have to go order it or I have one
in the bag? Where did you say, where's mine? When
can I expect it? What made you think that that
gun was not the one you were going to get? Oh?
Speaker 10 (01:57:20):
Okay, because when before we started, before paid for it,
I said I'll get in the case and I'll get
the two magazines to come with it, and all these
fructions said yes, he.
Speaker 1 (01:57:31):
Said that was that on your receipt? What was on
your receipt?
Speaker 10 (01:57:35):
On the receipt all the shows just that particular model.
And the price okay, quantity one miscellaneous and the price okay, all.
Speaker 1 (01:57:44):
Right, Tom, price of the gun different than what a
new one would be. That he should have recognized that.
Speaker 10 (01:57:56):
I can get it on I can get a new
one online for just dollars different.
Speaker 1 (01:58:01):
How much does he want? How much does he want
for a new one?
Speaker 10 (01:58:06):
Yeah? Oh, for one? He said it would be at
least two three.
Speaker 1 (01:58:11):
Hundred dollars more, and online you can get it for
only thirty dollars more.
Speaker 10 (01:58:17):
Exactly. So I'm looking at it right now.
Speaker 1 (01:58:20):
I'm looking at But he offered to sell you a
new one if you want to pay.
Speaker 10 (01:58:23):
More for two three? Uh yeah, considerably more, somewhere around
two three.
Speaker 1 (01:58:31):
This is a dilemma. One's going to make the argument.
Hold on, the argument can be made. He you know,
you got to prove that he said, yeah, this is
a display, you're going to get a new one, or
that you're going to get a new one. I did.
Let me ask you, this is really important. You asked
about the case and everything. Does he have all the
(01:58:51):
two magazines and the case for that one, even though
it's used, does not? Did you say to him, well,
you told me I was going to get two magazines
in the case. Did you say that to him?
Speaker 10 (01:59:02):
No, this was a manager I dealt with when I
went back, when I first made the sale the purchase,
I talked to the salesperson and he is the one
that I expressed I want the case.
Speaker 1 (01:59:14):
Okay, did the salesperson stick up? Hold on? Man, did
you talk to the salesperson or ask the boss to
talk to the salesman.
Speaker 10 (01:59:23):
No, he wasn't there.
Speaker 1 (01:59:24):
Did he say he would check with him? Did he
say anything? Did you talk to.
Speaker 10 (01:59:28):
No, the person I talked to the manager. When I
went back to finish, I went in different. He could
chill less.
Speaker 1 (01:59:34):
Yeah, that's how here it is. I hate to say this,
but honest to God, there's something about gunshop owners. They
I swear to you, there's something about them that they
don't care. I mean, I mean I've never seen it.
I mean no, no, I mean they're arrogant and weird.
I don't everyone I've dealt with. Maybe I'll find one
(01:59:57):
that's not, But so far, everyone I've dealt with has
been arrogant and weird. In fact, didn't we call on
a problem? They hung up on you. Didn't we call
on a gun problem? No, I've never I thought you did. Okay,
So I don't know, George Arden. So the most it's
going to cost you if you gave in is twenty
(02:00:17):
percent fifteen or fifteen percent? Yes, so over one hundred
bucks just because and you're and he refuses to even
acknowledge that you are not buying that gun. I just
don't think either of you have a strong case. Is
(02:00:39):
what I'm saying, I don't think you have anything that
proves he was going to order a new gun. I
really don't. I don't think you do. I mean you don't,
and he doesn't have anything to prove you were going
to get that one. But by default I would say
you were going to get that one because the receipts
(02:01:00):
had one gun and that mod. Did he put a
did he put a serial number down or did they
have a serial number?
Speaker 16 (02:01:06):
They don't do that before the background check because they're
not allowed to sell you the gun. So what they
do is they technically sell you a gift card or
a store credit, which they'll then apply to the purchase
once your background check is approved and your waiting period
is over.
Speaker 1 (02:01:21):
But if your background check doesn't go through, you get
your money back.
Speaker 16 (02:01:24):
Well, A lot of gun shops charge what they call
a restocking fee of fifteen twenty percent if you don't pass,
if you don't pass yet, which is a crummy policy,
it's diffinitely dirty policy. But that's not the case with
this caller. He handled the actual gun that they tried
to deliver to him. Now, I think his assumption and
(02:01:46):
correct me if I'm wrong. George, your assumption was that
you handled like a display model and then you're gonna
buy and they're gonna actually deliver a brand new one.
Speaker 1 (02:01:53):
But I don't know why he thought that, because he
said he said, am I going to get the two magazines?
Am I gonna get this? Am I gonna get that?
And he said, yeah, okay, So worst case scenarios the
guy throws in two cases to two magazines in a cave.
But what I need to know is this is that gun.
Did you say, well, wait a minute, this one's used,
I don't want this one, or anything like that before
(02:02:17):
or did you just automatically assume he was ordering.
Speaker 10 (02:02:21):
One No, when we were talking to the showcases, that
I'm going to get a new one, right with the
case with the instructions.
Speaker 1 (02:02:29):
You specifically said, I'm going to get a new one,
right I did. Will that guy that wided on you
admit that.
Speaker 10 (02:02:41):
I don't know?
Speaker 1 (02:02:43):
I didn't, George, It's not going to be black and white, man,
It's not.
Speaker 10 (02:02:48):
Now, that's what I was not.
Speaker 1 (02:02:51):
Here's what I would do if I were you. I
would do it, unless you have to sign a release.
I would do it. Have him retain that money and
go after it. But to go after in small claims
course fifty bucks or just leave everything where it is
and go after the nine to fifty. But it's going
to cost you fifty bucks for small claims court. If
(02:03:12):
you get that back, if you win, you get back
your filing fee. Are you sure that I had that
happen in a case I won this past spring. I
didn't know that they added that, so I sued for
the limit, the jurisdictional limit.
Speaker 16 (02:03:23):
I got that award for seventy five hundred, and they
added all my service, mailing, filing fee, everything. It came
to another three hundred bucks on top of the seventy
five hundred. I didn't know that Adams County.
Speaker 1 (02:03:36):
So, George, you may want to try that, but we
don't have anything to go after this store. We just
don't have anything. Your receipt says exactly what he's willing
to give you. I have to take this break. I'm
Tom Martine Moore coming up. Go with a sure thing
Denver's Best roofer excel roofing dot com. You don't pay
(02:03:58):
a cent until you're content wait on top of it,
time for an insurance check up free, no obligation. In
comparison 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 think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
(02:04:21):
all three nine two zero sixteen twenty two. Hi Tom Martino,
you're a troubleshooter. Three O three seven one three talks
seven one three eight two five five. Okay, let me
go to the phones here. I got a lot of
people calling here, so George. Wait, did I just talk
(02:04:41):
to George with a gun issue? Okay, that's what we said,
Small claims Court yours. I don't know what else to
tell you.
Speaker 10 (02:04:46):
Bro.
Speaker 1 (02:04:47):
Now I'm gonna go to Heidi. Who's next, Heidi? Go ahead?
What's going on with you? Heidi?
Speaker 18 (02:04:53):
I com II. My family's always been a fan of
yours for years and years and years.
Speaker 1 (02:04:58):
Thank you.
Speaker 10 (02:04:59):
It's tough what's going on under these centers?
Speaker 9 (02:05:02):
Well, I know you're probably gonna.
Speaker 18 (02:05:04):
Get frustrated with me.
Speaker 9 (02:05:05):
To bear with me, all right, I had Okay, let
me just start.
Speaker 18 (02:05:11):
For telling you that I'm by myself very vulnerable. Both
of my parents died at the same time, and around that.
Speaker 9 (02:05:17):
Time, I was a mess, right, blah blah blah. That's
a whole nother thing that I want you to listen
to maybe one day.
Speaker 18 (02:05:24):
Can Anyway, I had filed. I didn't have any money.
I was living in motels well.
Speaker 9 (02:05:30):
And I know my dad had, and I know my
dad had.
Speaker 18 (02:05:34):
Money that I should have received, but I never did.
Speaker 9 (02:05:37):
There's so much into that.
Speaker 5 (02:05:39):
But the one that I wanted that I'm calling about
today is I had applied for a loan at online
you know those apps or those advertisements.
Speaker 4 (02:05:51):
What did you?
Speaker 1 (02:05:51):
Did you apply for a personal loan or some kind
of mortgage for a house? Just a personal loan?
Speaker 9 (02:05:57):
No? No, yeah, just like a just like a fast
cast type.
Speaker 18 (02:06:03):
Like if you need money right now and you're an emergency.
I was like, whoa crap, Yeah, I'm an emergency. I'm
all by myself in a motel in a creepy neighborhood.
I'm scared to death. Man, I lost my parents, my
kids are all out of state. My two children are
growing on their own that they think I'm nuts anyway,
since my parents died, so I'm like, oh, crap, I
need to help help me. So I applied for one
(02:06:24):
of those lending Tree things.
Speaker 1 (02:06:26):
Wait ho ho ho ho ho ho. Wait wait wait
wait lending Tree was that the actual place you went?
Lending Tree on the line. Yes, they don't do they
don't do person lending Tree does not do personal loans.
Speaker 18 (02:06:43):
They're the middle guy, right, No.
Speaker 1 (02:06:44):
They don't do anything. They do not do personal loans.
Speaker 5 (02:06:48):
Well, they ripped me off.
Speaker 1 (02:06:50):
Okay, okay, hold on, just hiding. Hold on, Heidi, Heidi,
let's slow down. I need to know who you actually
dealt with. I need to know the way site.
Speaker 12 (02:07:01):
Okay.
Speaker 18 (02:07:02):
The website is.
Speaker 5 (02:07:06):
Lending Tree, uh, since ninety five at gmail dot com.
Speaker 1 (02:07:15):
Oh okay, hold on, hold on, hold on. Did you
actually go to a website to apply or did you
do this by email?
Speaker 18 (02:07:24):
I did it on a website.
Speaker 1 (02:07:26):
What is the website? If I want to go look
at it?
Speaker 15 (02:07:29):
What is it?
Speaker 9 (02:07:31):
Gets true?
Speaker 1 (02:07:32):
Just tell me, Heidi, lending World dot com. Okay, then
it's not lending Tree. Can we agree on that? Thank you?
Speaker 7 (02:07:41):
But it's both of them.
Speaker 1 (02:07:44):
It is no, it is no, it isn't. No, it isn't.
They're lying to you. It's not lending Tree. Okay. So
Lendingworld dot com. So what happened at Lendingworld dot com?
They have?
Speaker 9 (02:07:57):
They have?
Speaker 1 (02:07:58):
Uh? First of all, I can't even find a lending
World dot com. It's a you are all that's not taken.
So who I need to know? The actual website you
went to.
Speaker 18 (02:08:11):
The actual website I went to was.
Speaker 9 (02:08:16):
Uhlen uh.
Speaker 18 (02:08:21):
Lending lending. The actual website is www. Bard Flash dot
lending World. The website is what it says.
Speaker 1 (02:08:38):
Wait and lending hold on hold, just wait, Lendingworld dot
website dot does exist. Okay, yeah, I'm there now I
see it. Okay, now I'm here, And so this is
where What did you do after you came to this site?
Speaker 18 (02:08:56):
I went ahead and submitted my information, my social and
all that for the lad Then what.
Speaker 10 (02:09:04):
I got an.
Speaker 18 (02:09:04):
Email and stating that thank you for your interest.
Speaker 1 (02:09:08):
In And that was the email that said lending World right. Yes,
Oh no, I said lending Tree. I'm sorry, said lending
Tree or something.
Speaker 18 (02:09:21):
Yeah. Okay, So I went to lending World dot com
and I applied.
Speaker 1 (02:09:25):
I went to Lendingworld dot website and you applied, yes, sir?
And then what happened? Did they ask for money upfront?
Speaker 10 (02:09:36):
Yes?
Speaker 1 (02:09:36):
How much?
Speaker 18 (02:09:38):
Six hundred.
Speaker 1 (02:09:39):
Where did you get six hundred? If you were out
of money?
Speaker 18 (02:09:43):
I borrowed from my friend. I was supported you to
borrow some money from my friend. Little by the way,
I told him.
Speaker 10 (02:09:49):
What's how much?
Speaker 1 (02:09:51):
Okay? Hold on? How much were you? How much were
you going to borrow.
Speaker 18 (02:09:56):
Ten thousand?
Speaker 1 (02:09:58):
And what were you going to do? How were you
going to pay back ten thousand with no job?
Speaker 18 (02:10:04):
I was going to try it because I have just to.
Speaker 1 (02:10:08):
Answer me the question. I don't need excuse, I just
need how were you going to pay back? With no job,
no money, no bank, nothing, How were you going to
pay back ten thousand dollars?
Speaker 18 (02:10:20):
I had a little job at a gas station part time,
and I was going to send them out of my paycheck.
Speaker 1 (02:10:26):
Okay. And you thought that you would qualify with no credit,
no money, and working at a gas station, you thought
you would qualify for a personal loan unsecured of ten
thousand dollars?
Speaker 18 (02:10:42):
Yeah, because they said I would.
Speaker 1 (02:10:44):
I Oh my god, they said you would, then it
must be true. I'm making fun here a little, Heidi,
because obviously they were lying to you. Hold on, okay,
I'll come right back to you. I'm not trying to
be mean. Okay, we got to figure out what to do,
and I hope to God I can do something. I
really do.
Speaker 10 (02:11:01):
Hold on.
Speaker 1 (02:11:08):
Go with a sure thing Denver's 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. In comparison,
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 think you're his only customer
(02:11:30):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi, Tom Martino,
you're troubleshooter three all three seven one three talk seven
one three eight two five five God, I had so
(02:11:51):
much I wanted to talk about today, but I have
callers I need to get to first. But man, do
I have a lot to say about things and really
good information I found? So right now, Heidi, we examine
this site. Heidi, listen. Okay, did you call because you
wanted to get your six hundred back? I'd like to you,
(02:12:15):
won't you were so? Heidi? I just want to be
honest with you because you sound like a nice person.
You really, honest to God, have been so completely ripped off.
They have so many misspellings and derivations wrong. I swear
to God, I would think Mark Major wrote this. I'm
just kidding. No, seriously, this thing is out of some
(02:12:37):
foreign country. They honest, it's a complete fake, fabricated site.
I'll bet you they never did one loan in their
entire lives. They collect fees and they're probably offshore. Okay,
we're never going to get you. We're just never going
to get your money back.
Speaker 12 (02:12:55):
Okay.
Speaker 1 (02:12:57):
Now I have to ask a few questions. How long
have your parents been deceased?
Speaker 18 (02:13:04):
Two years?
Speaker 1 (02:13:06):
How have you been living? Do you have any kind
of income whatsoever?
Speaker 5 (02:13:11):
No?
Speaker 1 (02:13:12):
Then how did you live? Now? I'm asking these questions
because I need to know how have you lived for
two years without any money?
Speaker 18 (02:13:20):
But I have a best friend who has been meeting
me stay with them with his family.
Speaker 1 (02:13:26):
And how do you know this best friend that is
a wonderful person. They let you live there.
Speaker 18 (02:13:32):
Yeah, they're very nice, very very kind people that I've
grown close to, like a family of my own.
Speaker 1 (02:13:38):
You're Heidi, God bless them. Now do you work?
Speaker 9 (02:13:44):
No?
Speaker 1 (02:13:45):
How come you don't work? Why don't you work?
Speaker 18 (02:13:49):
I don't feel mentally stable right now?
Speaker 1 (02:13:53):
Okay, have you gotten some counseling or help? No? Are
you on metadd Yes? Good. You can get some mental
health counseling with medicaid. Heidi, I want to help you. Okay,
this doesn't have to be our last conversation. But you
(02:14:15):
have to get some help for your depression. Okay, you
really do. It's free, you have Medicaid. You can get
it done.
Speaker 10 (02:14:22):
Now.
Speaker 1 (02:14:22):
Okay, what kind of work if you were happy or
could you do? What are you qualified to do?
Speaker 18 (02:14:30):
I have a college education. I work for the Denver
Water Department for twelve years.
Speaker 1 (02:14:35):
And then all, okay government, okay, what is your education in.
Speaker 10 (02:14:42):
Business?
Speaker 18 (02:14:42):
Accounting and budgeting?
Speaker 1 (02:14:45):
Come on? Really, Heidi? Really?
Speaker 5 (02:14:47):
Yeah?
Speaker 7 (02:14:48):
Yes, I know.
Speaker 18 (02:14:49):
I'm a very intelligent woman.
Speaker 7 (02:14:51):
I really am.
Speaker 18 (02:14:52):
Itged just when I lost my family.
Speaker 1 (02:14:54):
I just like, no, I know, Heidi, Heidi? How old
are you? Heidi? How old are you?
Speaker 18 (02:15:00):
Forty eight?
Speaker 1 (02:15:02):
It sounds like you're crying when you're talking.
Speaker 18 (02:15:06):
I know, and I try to not do that because no,
hold on.
Speaker 1 (02:15:09):
Hold on, as Yodas says, there is no try. Just
don't do it. You sound you sound you're way smarter
than you sound because of that, and you have a
college education, then Heidi, then let's kick some ass and
start going. If you have friends right now, thank god
you have friends. So if you start working, you can
save a little and get your own place. Okay, I
(02:15:32):
mean I don't think it's impossible. I think that we
might be able to even find you work if you
can straighten life out. Now, are you on drugs or alcohol? No?
Are you sure?
Speaker 7 (02:15:45):
Yes?
Speaker 1 (02:15:46):
Okay, no drugs, no alcohol. What do you do every
What do you do every day? You worry about yourself?
Speaker 18 (02:15:59):
I'm writing, I'm trying to write a book. I really
want to finish this about what about You're going to
think I'm freaking crazy, Tom, You'll probably already do what
spirituality things that I've witnessed during.
Speaker 1 (02:16:17):
My time, Like, I don't think you're crazy. There's nothing
wrong with having a passion. But please do me a favor, Heidi. Seriously,
I want you to seek out mental health counseling, a
counselor that takes medicaid. I'm really serious. If you do
that and show me you have an appointment, I will
help you with the next step, and that'll be helping
(02:16:40):
you get a job and even helping you find some
food and other things. But I want you you have
to take the first step now, Kachina. Give her, at
the risk of being insane, give her my Google number
and you can text me here Heidi, Okay, do you
have a phone to text me? Okay, I'll give I'll
(02:17:02):
give you the number on the air here it is okay,
you can tell you this is my that goes to
my personal phone. It's a text seven four seven fifty
to eighty Okay, So that's okay, So hang on us
(02:17:24):
and call me back. Text me with anything you need.
Get off the phone right now. Medicaid will cover mental
health counseling somewhere no matter where you go. If it's
covered by Medicaid, make an appointment and then let me
know and I'll give you the steps to get out
of this rut. Okay, please, You're not going to borrow
(02:17:44):
yourself out of trouble. Ever. It never happens. Never. I'm
Tom Martine. Listen. I started my Wave eight financial my
Wave eight wealth management because I was frustrated with the industry.
I started as six years ago. I went public just recently.
I've been helping a lot of people, but I'm gonna
warn you. Okay, if you want the truth, you can
(02:18:07):
come to me. Some people said, wait a minute. You
know they didn't like the bad news, and I'm not
even trying to get their business. Some people shouldn't be investing.
Some people know how to do it themselves. I will
help you by looking at what you're doing and giving
you God's honest information. My goal here is not to
get rich off if you My goal is to help
(02:18:27):
you as I help myself, and we do make money
on this. By the way, it is a business, but
you only thrive by helping others. If you want someone
honest who has their own money invested right along with yours,
then please look it up. Drop us a note. You
can text me even at my Google number. You can
(02:18:48):
text me there, or you can text your call three
oh three seven seven to one help seven seven one
four three five seven. That's three oh three and seven
to one help. There is no obligation. I don't care
if you have one hundred dollars or one hundred million dollars. Seriously,
there is no obligation to talk to us. You might
(02:19:10):
find it very enlightening. Three o three seven seven to one.
Help go with a sure thing 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 comparison call
Compass Insurance paying too much your coverage at dozens of
(02:19:31):
insurance companies find out now three oh three seven seven
to one. Help. You'll think you're his only customer when
you choose Frank Durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. I'm Tom Martinez. We
don't have much time, so I'm going to say goodbye
to uh, the guy that broke my camera. Dan McKenzie
(02:19:54):
mackenzie law. Dan. People always ask this, Okay, I'm just
gonna come right out. They want to know about consultations
because a lot of people say free consultations. So let's
get it right out there. How do you work when
people want to talk to you?
Speaker 6 (02:20:07):
So we do have a free consultation with our paralegals,
just to find out what the deal is, whether we
might be helpful.
Speaker 1 (02:20:13):
Will you give him an estimate.
Speaker 6 (02:20:14):
After that, yes, they can give an estimate, and then
if they do want to meet with a lawyer, there
is a fee. That fee would apply to the plan
that they end up doing.
Speaker 1 (02:20:22):
Okay, so it's all paid for something, right, Okay, that's
just a free option. Now again, people, I always say
this because he is live and local. In fact, I
call it a boutique kind of firm. I mean, you
get to talk to Dan, and he's accessible and he's
got his people working with him. But the number sounds national,
sounds like, you know, it's some, but it's I think
(02:20:44):
it's brilliant. By the way, eight three to three co plans.
But whenever I give that number out, some people say,
is he local? Yeah, he is eight three three C plans.
Speaker 9 (02:20:56):
You know.
Speaker 1 (02:20:56):
The good thing about a state law, you know, there's
not quarter peers or trials or stuff. I mean, unless
you get into a contested probate and stuff. But what
we're talking about is you don't need to go to
his office that much. Martino
Ripped up news, so you don't have come run in
just as fast.
Speaker 2 (00:14):
As we can.
Speaker 1 (00:16):
Shooter's gonna help coming.
Speaker 2 (00:19):
Man Dix is the Troubleshooter Show. No Tom Martino, Hey, hey, hey.
Speaker 1 (00:26):
Tom Martino here, welcome to the show. Three oh three
seven one three talk seven one three eight two five five.
I think's brother brother Mark and sister sus are tied
up with insurance issue. Nope, nope, Oh here for forty
five minutes in the insurance company shows and you're gonna
do you think you'll have a battle? What is it about?
Speaker 3 (00:46):
Let's let's it's interesting. So we had an issue. I
hired Matt our public adjuster. He got it covered. But
now they're arguing over how much they want to give
me for the covered problem. So what happened is Matt
hired someone on my behalf that comes out the insurance
company hired someone on their behalf that's coming out to
(01:08):
the house, and all of us are going to get
together and figure it out today how much money I'm getting.
Speaker 1 (01:14):
It's kind of cool, okay. So that's the appraisal process.
It's the appraisal process. You nailed it, okay. Now, usually
the appraisal process is invoked when you anticipate a problem,
or had a problem, or did not like their offer. Yeah,
well that's exactly what happened.
Speaker 3 (01:31):
I claim fifty sixty thousand in damage and they're saying
it's around thirty.
Speaker 1 (01:37):
So I mean that's a big difference. Okay, three oh
three seven one three talks seven one three eight two
five five This outbrouch by water pros. Man. I'm telling
you it's it's a year end deal. Please. Now, I'm
not sure if it's going after the first I don't
think so, but you know, I hope it does softening
and drinking water so reverse osmosis, drinking water at the
(01:59):
kitchen and a whole house softening for pipes, laundry, skin showers.
It's wonderful water pros and they're both combined at thirty
one ninety five. If anyone's ever shot for water stuff,
plumbers would charge twelve to fifteen grand for stuff like this.
Waterpos dot net three three eight six two five five
five four Mark Do you notice the soft water?
Speaker 3 (02:22):
Oh, it's it's night and day. Suzanne is the one
that really loves it. I mean this sounds a little
silly for your skin, yep to the guys listening, but
she says it's the best her hair has ever been.
Speaker 1 (02:33):
She loves it on the skin.
Speaker 3 (02:34):
I always thought I would taste a difference, like it
would be salty, and of course it's not whatsoever.
Speaker 1 (02:40):
But yeah, it's it's a big difference.
Speaker 4 (02:43):
Man.
Speaker 3 (02:43):
And Paul did a really bang up job. And the
pricing was great. You know, I checked two or three
other companies. He was half the price.
Speaker 1 (02:52):
Okay, okay. There's a physician, a doctor who texted tell
Mark I love listening to him cry about Biden being
pardoned by his dad. Are these are delicious tears? Honestly,
your dumb ass soon to be president pardons so many
freaking people and you guys don't see it. It makes
(03:13):
me laugh. Now, I can't.
Speaker 3 (03:15):
Trump is going to pardon a ton of people to
January sixth people. But I need to tell that dumb doctor.
One thing I have said, Biden is gonna pardon his
son forever, and I think you can attest to that.
And on top of that, I think he should have.
What I don't like is how he lied about it.
Trump's not lying about pardoning people coming up. He's just
gonna do it. I don't know why Biden has to
(03:37):
lie about it. I think Mark's got great instincts. And
I've said it before. I mean, you've you've said things
that you just feel. And I'm talking about when it
comes to politics. Now, maybe other things too, but specifically
this last season, Dan Kapalist really has some good instincts.
Speaker 1 (03:54):
Now we have Dan mackenzie with us. Let me right
now here for those streaming you can see his pretty face.
And anyway, Dan is an attorney at law that does
a state planning. You know what, my kid moved that
camera so you're seeing an empty door and it cut
off to meet you. I'm gonna have to reframe that.
But I had a question for him. For Dan McKenzie, Yeah, Dan,
(04:17):
I do have a question. I am I'm gonna kind
of are you. Are you on cam by the way? Mark? No,
I'm not.
Speaker 3 (04:23):
I'm gonna be out of here this day. That's fine, okay,
But so what's really crazy?
Speaker 1 (04:27):
Dan?
Speaker 3 (04:27):
Tell me about this updating someone's trust. Someone let's say,
created a trust and their kids were very young at
the time. Now their kids are well over eighteen and
a lot of the stuff and the trust is just different.
So what I have found and I left a message
with you guys too. But the bottom line is there's
really no such thing as updating a trust. Well there is,
(04:50):
but what I've learned is you might as well just
create a new trust rather than pay an attorney to
go through an existing trust that could be fifty pages
when they modifications, compared to just doing it from scratch.
Would you agree with that statement or no?
Speaker 1 (05:06):
Hold on, let me turn on? Go ahead, sir?
Speaker 5 (05:08):
Absolutely.
Speaker 6 (05:09):
I mean it's like, why why go through and try
and figure out like why was this done because the
previous attorney liked it?
Speaker 1 (05:14):
Was it done because it was the law when they
did this? Yeah?
Speaker 3 (05:18):
Because you're spending all that time when you could just
start I just for sit them.
Speaker 7 (05:22):
Yeah.
Speaker 6 (05:22):
I mean the thing to understand is there's two parts
to trust planning. One is creating the trust and the
other part is actually putting your assets in the trust.
Speaker 1 (05:30):
And you don't have the hard set quite honestly, that's
very interesting. So what you're saying is why bother just
redoing it?
Speaker 6 (05:38):
Well, you redo it, but what it's called is like
if you're just if you're going to fully amend a
and replace a trust, A lot of times the way
to do it is what's called a restatement, and a
restatement is just a full swap out of the instruction.
Speaker 1 (05:50):
So the trust is the same.
Speaker 6 (05:52):
So if you did your trust in twenty ten, it'd
still be called the Mark Trust twenty ten, but it's
got a whole new set of instructions. In that way,
at least you don't have to do all the funding. Again,
let me ask you something else. I'm running up against
just ideas here. So Tom and I own a few
businesses together.
Speaker 3 (06:09):
So I would assume I would just put our fifty
percent of the business or whatever amount it is. And
this is for everybody out there, not just me, that
that into the trust.
Speaker 1 (06:24):
Correct.
Speaker 3 (06:24):
In other words, I would literally move our ownership of
the business into the trust.
Speaker 1 (06:31):
Right that is usually the case.
Speaker 6 (06:34):
You know, the operating agreements for the business will say
whether that's allowable or not.
Speaker 1 (06:38):
That's right.
Speaker 6 (06:38):
Don't want to create a situation where you have not
allowed our so many business partners.
Speaker 3 (06:44):
But here's the second point of that question though, because
we were thinking about bank accounts that are associated with
businesses we own. So the best way to do this
once again would be bam, they have ownership of the business.
Because they you know, they're in the trust and then
therefore they would have access to those bank accounts.
Speaker 1 (07:05):
I mean, does that make sense to you?
Speaker 3 (07:07):
Yep, yeah, because putting the actual bank account into the
trust would be insanity. That doesn't seem typically, that doesn't
seem the way to do it, because banks don't even
like that.
Speaker 6 (07:19):
I mean, I would remove it from the shelter that
the business is providing, so I would put it back
in your personal assets.
Speaker 3 (07:25):
And Tom, if you move everything into your trust, it's
a pain in the ass, man, It's a It is
a total pain in the ass.
Speaker 1 (07:33):
The answer is no, not yet. I have you know,
I have at a line on it. I have very
common problem doing it. Anyway, Sarah wants to talk about
dyce in. You know, I'm going to tell you something.
One of the worst investments I ever made was a
dice in vacuum. One of the best was a shark
way less way less expensive. And I will say, though
(07:57):
the dice and warranty, I was pretty impressed. I was
so pissed off at the dice in because it breaks
and this goes rather than accobed. But if you take
the time they had, they had a warranty place. I
think in Aurora or somewhere I went. It could be
in Park Meadows. Anyway, I went there and I said,
this doesn't work. He goes in the back, gets a
(08:18):
new one and just hands it to me. I mean
it's like they asked no questions anyway, Sarah, I saw
that you're calling about a dice in warranty.
Speaker 8 (08:24):
What's going on, Sarah, Well, unlike you I had, My
sharks are nowhere near the quality of the dice in wait.
Speaker 1 (08:35):
You have, you have both, you have both, I do,
I do, yes, And you don't like your shark.
Speaker 9 (08:42):
I did at first, but it seems to wear out
a lot quicker than than the diceon day Like, okay, that's.
Speaker 1 (08:48):
Yet to be seen for me. You're right, You're right,
because when I had to buy some newer you know,
I want to buy a couple or one extra for
this house. And because and so I got the shark.
So I can't talk. I can't speak to its longevity.
So what's going on with Dyson?
Speaker 9 (09:06):
So I got a Dyson last year end of November,
and I was actually so thrilled with it.
Speaker 1 (09:14):
And then what kind did you buy? If I may ask,
what kind.
Speaker 9 (09:17):
It's the V eleven.
Speaker 10 (09:20):
Yeah, I know, Tim.
Speaker 9 (09:21):
It was like one of the newest models, the draws.
It has no cord, you know, it's the cordless you know,
Church on the wall takes anywhere thing. And so in
the end of July, the dust bin on it broke
And that's exactly right.
Speaker 1 (09:39):
They did you drop it? By any chance?
Speaker 9 (09:43):
I didn't drop it, but there's no telling if one
of my kids did or not.
Speaker 1 (09:46):
You know what, here, here's the problem with those things.
They they they're too delicate. They they crack. I broke
that thing a couple of times and where it won't
close or something one of the little latin you know,
a little plastic things that click in or anyway keep going.
What happened? Then? So did your whole canister crack? That
whole dust canister?
Speaker 9 (10:07):
No, it was like some kind of a seal up
in the top. Okay, a little red piece.
Speaker 1 (10:13):
I know what.
Speaker 9 (10:13):
You immediately called dice in when it happened. And the
lady I spoke to was really nice and she verified
the problem, uh with a video call, so she knew
exactly what was wrong.
Speaker 1 (10:25):
Yeah, and she.
Speaker 11 (10:26):
Said, unfortunately, the part that you need is out of stock.
So call back in.
Speaker 1 (10:33):
A couple of weeks. Is it the red thing? Even
when you take out there's a little filter on it.
Speaker 9 (10:39):
Yeah, so the red thing isn't supposed to come off
of the canister, but it had popped off and there's
no way to put it back on. It looks like
you can, but you cannot.
Speaker 1 (10:50):
Okay, all right, So right now, when did this happen?
When did this happen?
Speaker 9 (10:56):
So it broke in at the end of July and
the part wasn't in, and they told me a call
back in a couple of weeks to see if it
was in, and it wasn't. So they said, great news,
We're authorized to send you a new vacuum cleaner. I said,
well that's fantastic, and.
Speaker 1 (11:15):
Okay, did they did they want to know how it happened.
Speaker 9 (11:19):
I did not ask that.
Speaker 10 (11:20):
No, Okay, no they didn't.
Speaker 9 (11:23):
They didn't want to know how it had been broken.
And I think when I looked it up because I
YouTube everything to try and fix things myself, it said
it's a really common problem with that model.
Speaker 1 (11:34):
So it's okay, so.
Speaker 9 (11:35):
Bigger canister than than typical.
Speaker 1 (11:38):
Okay, so what happened then?
Speaker 9 (11:41):
So I called back and they said they would send
a new vacuum, and but I had to send in
my old one first. And I said, okay, that's, you know,
not really convenient.
Speaker 11 (11:52):
I don't have a box, you know.
Speaker 9 (11:54):
Could you send the new one and then I'll send
it back in the old and then the old one
in the new box. And I said, no, that's not
the policy. And I so.
Speaker 1 (12:06):
If we get down to the issue today, what is it?
Is it the shipping back, is it the new one?
What is it?
Speaker 9 (12:12):
So eventually I relented and said, okay, final, I'll send
in my old vacuum. So to fast forward to that part,
I took my old vacuum to the UPS store because
I did not have a box for it, and there's
a no box option. UPS store took my vacuum, printed
me at receipt and I was patiently waiting for my
(12:34):
new vacuum, and after about a week or so not
hearing anything.
Speaker 1 (12:38):
It's the UPS store, that not UPS but the UPS store,
right yeah.
Speaker 9 (12:44):
Because Dyson said, take take it to.
Speaker 11 (12:46):
It at the UPS store.
Speaker 9 (12:47):
Okay, God, So that's what I did. And then I
looked up the tracking number and it said that it
hadn't moved yet.
Speaker 10 (12:55):
But it has right.
Speaker 1 (12:56):
So this is back in July.
Speaker 9 (12:57):
We're talking Ryan, So by the time I shipped it
was August.
Speaker 1 (13:02):
So in August. Okay, so you sent back the old one?
Do you have the new one?
Speaker 12 (13:07):
I do not.
Speaker 1 (13:08):
They wanted to wait. They wanted to wait to so
they wouldn't send the new one until they got the
old one right. And let me guess, they lost the
old one.
Speaker 9 (13:17):
They lost the old EPs lost the old one. Did
you have any Dyson won't. They won't ship a new one.
And they keep telling me that I need to file
a clean you do and with the UPS clean, but
they I can't because Dyson is both the shipper and
the receiver.
Speaker 1 (13:37):
Yeah, Dyson has to do the claim.
Speaker 9 (13:39):
There's no way for me to file a clean. And
I've been around and around with UPS and the ups.
Speaker 1 (13:45):
How much was that back in about about six?
Speaker 5 (13:50):
What?
Speaker 1 (13:51):
What model? Did you say? It was? The gold model?
Speaker 11 (13:55):
The eleven?
Speaker 9 (13:56):
It's all now, but it was.
Speaker 1 (13:59):
Did you know it was that much? I don't know
the V eleven. I'm seeing them here. They're pretty cool though,
man for four hundred bug. Yeah, well you say they're cool.
I don't say they're cool. In fact, that's the one.
I don't know anyway, So right.
Speaker 9 (14:14):
Now that's extensive now because they're not the newest model anymore.
Speaker 1 (14:17):
Do you ever receipt from UPS? I do, okay, And
on that receipt, what does it show as a shipper?
Speaker 9 (14:29):
Let's see it.
Speaker 1 (14:29):
So I got it. I gotta take this break, but
I want to know. Well, she already said it, says Dyson. No,
she said that. They claim yeah, they claim it's diceing
to me either. But you're the one with the receipt.
Hold on, we'll come right back to you. I'm Tom
Martino three three seven to one to three talk this
is a pain three all three seven one three eight
(14:51):
two five five Denver regen dot com. Get your jump
on weight loss drugs at severe discounts, starting at like
two hundred ninety five bucks a month. You can get
semiglutide to zeppatide compounded Denver Region dot com. Go with
(15:13):
a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're contenth wait time
for an insurance check up free, no obligation comparison 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 think you're his only customer when
(15:34):
you choose Frank durand the real estate man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi Tom Martino, your
troubleshooter three all three seven one three talk three all
three seven one three eight two five five. Okay, so
(15:58):
what do we do about this? I I think if
the Dison here, look, look if they if you can't
find the old one, who do you go after? I mean,
really and truly, it's not Dyson's fault, but they should
help you. Well, they are a shipping label. They're the
ones that need to file the claim according to the callers.
(16:20):
So therefore, I do think it's Dison's fault. Yeah, that's
what I mean. It's not their fault, it's losses. What
I mean, they should cooperate with you and help you.
Speaker 3 (16:28):
But on that receipt, maybe deputy, maybe we give this
to a deputy dollar he might be good at this.
Speaker 1 (16:37):
Well, I think he should also consider small claim scored
against Dison and against I'm not you, I don't know ups. Well,
I would almost assure you that would work. Yeah, have you, Sarah?
You know you could do a small claim against Dyson
(16:58):
for the loss and it's really a six hundred dollars
loss to you or to replace it. Actually is only
three nine nine right now.
Speaker 9 (17:07):
All those cybernds, no.
Speaker 1 (17:10):
I mean right now, Yeah, you can get the v
eleven all day long for three ninety nine that I see. Yeah,
but here's the deal. That doesn't mean we won't help
you make a call or two. But you know, Dyson,
in my opinion, is a terrible company. What do I
mean by that. I don't mean they cheat you or anything,
but they're just so they did you buy it? By
(17:32):
the way, I might have missed. I think they're so great.
They just don't attend to you that well. Now, except
when I went to that store, they did kind of
just go on the back and handed me another one.
Speaker 3 (17:41):
My wife absolutely loves her Dyson hair dryer.
Speaker 1 (17:45):
I mean she loves it so well. Dyson has a
name and has a name for all the different things
they make, and they all have one thing in common.
Air move. Where did you buy that vacuum?
Speaker 9 (17:58):
I'm actually not sure. My sister and a dear friend
of mine got it for me for my birthday.
Speaker 1 (18:04):
Say if you bought a vacuum for your birthday, that's
what I got to say. Oh God, Mark gave Susannah
vacuum for Valentine's Day. Now come on, man, No, those
were the nice pots and pans. Brother. Oh okay, hey, Sarah, really,
I'm gonna we're gonna give this his dollar in the studio.
(18:26):
He is Syria, I'm here, don Why don't we give
him a call or two and say, look, you're the shipper,
why don't you just put a claim in with UPS
right now and then help her out. I mean, let's
just get this ball rolling. At least get them off
the dime.
Speaker 3 (18:40):
And hey, by the way, on Secretary of State, they
are there, and it would be the dice and direct ache.
I think it'll be the best fifty five bucks you've
ever spent. I have served so many people where they
actually take service. It's pretty simple stuff.
Speaker 1 (18:58):
Yeah, I bet you. I bet you.
Speaker 3 (19:00):
You'd have a vacuum to your place in about three
or four.
Speaker 1 (19:04):
Weeks if you just file it. Yeah, so let's do both.
For let's do both. I think that's a good idea.
We have a question for Dan mackenzie Sherry. What is
your question for our attorney Dan today?
Speaker 13 (19:19):
Hi there, Tom, Hey, So I do have a question
for Dan. My brother and I met with him a
little over a month ago about setting up a trust,
and I've got a question. I've read that you should
not ever put a checking account in a trust.
Speaker 1 (19:43):
Wouldn't you just set up the beneficiary? Dan? I mean?
Speaker 6 (19:47):
So the issue is just that a lot of banks
will not just put the existing account into the trust.
They will open a new account and the name of
the trust and transfer the funds in there. And when
they do that, they break your got a new account number?
You got to get any checks?
Speaker 1 (20:04):
What is the purpose of putting it You can't have
that much You don't have that much money at any
one time sharing them in there.
Speaker 6 (20:10):
But the benefit of having it in the trust is
that the trust covers incapacity events too. So your beneficiary
designation is not helpful in an incapacity event.
Speaker 1 (20:18):
What does that mean? So, so if there's a payable
on death, it's not only kicks in if you've died,
not if you're a disr Whereas if it's in the trust,
your trustee can step in and manage that. You know
every account trust, so why would he helpful?
Speaker 3 (20:33):
But why can't you just put the trust is the
beneficiary of the checking account.
Speaker 1 (20:38):
No, he said you could, But what would happen is
it doesn't kick in with them with dementia or something.
It only kicks in with death. I understand exactly what
you're saying. Whereas a trust, a trust can be written
to take over I mean I would say the question.
I mean, it depends on your bank's policy.
Speaker 6 (20:59):
I don't know where you are in that process, but
you could check with your bank and see a lot
of times, what I recommend that people is maybe open
a new account in the name of the trust and
keep the old account and just over time slowly migrate
over to that new account, because it can be a
bit of a pain to just move it. Currently sit
an account into the trust.
Speaker 13 (21:18):
Well, because I was thinking, I'm just kind of I'm
a little anal about things. Yeah, and I was thinking
it would be nice job an account that would cover
any of the assets in the trust, just to keep
things kind of clean in mind.
Speaker 6 (21:34):
I mean, having cash in the trust I think is
critically important because if you can have a lot of
stuff in the trust, and if it's real estate or
personal property or other hard assets, it can be really
hard to deal with.
Speaker 1 (21:45):
Why because you can't pay the bills or you can
pay fees.
Speaker 6 (21:48):
Somebody needs to keep paying the property taxes and insurance
and you know, getting appraisals on things, and like where's
that money coming from if there's no cash?
Speaker 1 (21:56):
Do people ever do services for trust on the come?
I mean I guess that's possible, but it's like, yeah,
can you lean a trust? As an attorney? Can you
lean a trust? I guess yes, it's possible. It's got
to be. It's it's probably gotta be in your vocal trust. Really,
(22:16):
if we think about it, all a trust is is
a person. I mean, right, isn't a trust in a
way it's an empty person with other people benefiting from that. Yeah, yeah,
I mean Mark's an LLC. We tend to an LLC,
is right. We talked about how you do LLC sometimes
as a poor man's trust. But an LLC is a person,
(22:37):
an entity. I mean you know what I mean by that.
It's a separate thing. Yeah, it's a separate thing. Yeah. Now,
so your advice then, Jennifer, I mean not your advice
but I think he said, you just have to open
a new one right in the name of the trust
with the bank and then transfer the funds.
Speaker 6 (22:56):
Yes, I mean a critical thing is like right now
in Colorado, you can give away up to eighty two
thousand bucks without having to use a probate process.
Speaker 1 (23:03):
That's sure.
Speaker 6 (23:03):
Do you just need to make sure that whatever's not
in the trust doesn't exceed eighty two thousand dollars in values. No,
most of my clients that you know, five to ten thousand.
That's what Trager's probate. If a person passes away and
there's more than eighty two thousand bucks in their name,
you're going to have to put in a probate case
to go get it.
Speaker 1 (23:20):
Wait wait, wait, if it's in the trust though, No, no, no, no,
that trust takes it out of their name. Oh that's
what I mean, got it? Okay, So you're saying there's
more than go ahead, Mark, Well, I just thought about this.
Speaker 3 (23:31):
We just had to go through on Well, I had
to go through on every company we own and.
Speaker 1 (23:35):
Fill out that new paperwork.
Speaker 3 (23:37):
I did it, Mark, Yeah, Well I know our company, Okay,
I had to do it for other companies too.
Speaker 1 (23:42):
Oh.
Speaker 3 (23:42):
Okay, okay, But here's what I'm asking. Do you have
to do that for a trust? Do you have to
report to the FED? The OI actually owns.
Speaker 1 (23:50):
It, the beneficial owner information now the OI? No, no, no, no,
here you think by the way, Mark, Yeah, yeah, I
did it on all ours. You might have been redundant
if you did it on ours. But and in any case,
didn't it only take you five minutes? People were bitching
about this. It took me five minutes for each one.
Yes online anyway three ol three seven one three eight
(24:11):
two five five Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
until you're content. Wait time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much
(24:32):
your coverage at dozens of insurance companies find out now
three all three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three all three nine two zero sixteen
twenty two Tom Martino here eight eight eight heating dot com.
(24:53):
If you couple it with solar the high efficiency units
they sell, you can get a tax credit on all
of it. Eight eight eight. Heating dot Com also has
the Deep Clean for forty five bucks eight eight eight
Heating dot Com. Let's keep going here, so I want
to take people in order here because people have been waiting,
and I'll get to all of you, I promise. Jessica.
(25:14):
What's going on, Jessica, Welcome.
Speaker 9 (25:18):
Me, Jessica.
Speaker 1 (25:19):
Yeah, what's going on?
Speaker 11 (25:20):
Jess I'm talking to Tom Martino?
Speaker 9 (25:23):
Is that?
Speaker 1 (25:23):
Oh my god? Yeah, yess I'm talking to Jessica's going
what's going on, Jessica.
Speaker 11 (25:32):
Well, I have to say you my father I love
your show and we've listened for years.
Speaker 14 (25:36):
And he called me last night and said, if you
don't call Tom Martino, then I don't know if you
can come home for Christmas because he believes you can
help me, and you might be the only one.
Speaker 1 (25:46):
Maybe I hope not. Now that now that's big shoes
to fill. And by the way, when when most young women,
when when we're out and about and and Stephanie and
Iron and a young woman comes up, she starts out
by saying, my grandfather loves you or or in your case,
your dad, So what's going on? Well, I will also say.
Speaker 14 (26:06):
I grew up in Colorado listening to your show as well,
so this is very surreal and I will try to
keep my excitement together.
Speaker 1 (26:13):
Okay, what's going on?
Speaker 8 (26:15):
This sounds serious, isn't It is quite serious.
Speaker 11 (26:20):
My two children and the fact that I'm a single
mom fighting a custody battle.
Speaker 14 (26:26):
In Illinois and I've been doing it with the help
of my father who's an engineer in Colorado, and he
and I together have been writing motions.
Speaker 1 (26:35):
Okay, here's what I need to know. Okay, why is
it in Illinois right now? Is that where you were married?
Or were you married?
Speaker 14 (26:44):
I was married and yes we he my ex husband
is from Chicago and the case is out of DuPage
County in Illinois.
Speaker 1 (26:54):
Is this during a divorce or after a divorce?
Speaker 11 (26:57):
It's a post judgment case at this point.
Speaker 1 (27:00):
So here's what I need to know, and the reason
I'm bulleting. The reason I'm bulleting questions rather than the story.
And I'll let you tell the story. But the reason
I'm doing that is to line up who we should
talk to. So here's what I need to know. Was
the divorce decree final and then he went back for custody.
Speaker 14 (27:17):
It was the day of the divorce was final. She
told me not to show up, so he, in effect
just got.
Speaker 11 (27:25):
What he wanted. And I've been fighting that ever since.
Speaker 1 (27:29):
Okay, now, hold on, you mean to tell me that
was there a here? Wait? Was there an actual hearing
for the final divorce decree? Or was it done online?
And back and forth?
Speaker 14 (27:41):
He was a judgment entered on default of me not
showing up.
Speaker 1 (27:44):
Okay? And you didn't show up because you trusted him.
Speaker 11 (27:47):
Yeah, he told me if I came, he'd got me arrested, and.
Speaker 9 (27:49):
I believe that.
Speaker 1 (27:50):
Now, wait a minute. At the time, what was the
status quo at the time? Were you here in Colorado
with your children?
Speaker 11 (28:02):
No, my children have never been to Colorado see their grandparents.
Speaker 1 (28:07):
Are you in Colorado?
Speaker 7 (28:09):
Are you in Colorado Illinois?
Speaker 1 (28:10):
Okay?
Speaker 10 (28:11):
That's what?
Speaker 1 (28:11):
Okay, good, and now that makes sense. Okay, So Jessica,
you get divorced, you're there and upon filing the divorce
where this is really important, where were the kids living
up to the final decree in our.
Speaker 11 (28:26):
Mutual marital home which was in Downers Grove?
Speaker 1 (28:29):
But who had them? Who had them? You were him?
Speaker 11 (28:32):
In that at left because he kept involving the cops
and I was struggling with postpartum depressions and alcohol and
it was so untenable that when I left to move
into a hotel that he moved me into, effectively, the
court looked at that.
Speaker 1 (28:50):
As abandonment, as a status quo. That's right. So the
kids were with him at the time. And who filed hint?
Did he file or did you file?
Speaker 11 (29:00):
He filed the day after me.
Speaker 1 (29:01):
Okay. So, okay, So here's the problem. They looked at
that exactly as you said. You were the the alcoholic
mom left the kids, and then he had his way
right now, when he filed for divorce, did you hire
an attorney?
Speaker 14 (29:21):
I did, and haphazardly stumbled upon the one that was
representing Scott Peterson, Drew Peterson, And so thus began my
debacle of Illinois court system.
Speaker 1 (29:36):
Okay, here's what I need to know. When did you
have an attorney at the time the final decree was
entered without your appearance?
Speaker 11 (29:46):
No?
Speaker 1 (29:47):
Okay, So you made a decision on your own. There
wasn't bad counsel. You made a decision on your own
not to show.
Speaker 10 (29:53):
Up, correct, Okay?
Speaker 11 (29:57):
And I did not know.
Speaker 1 (29:58):
I did not Usually default judgments, usually default judgments in
a divorce are easily contestable, easily, especially when there's threats
and stuff. But how long ago was this default judgment?
Speaker 11 (30:14):
April seven, twenty fifteen.
Speaker 1 (30:19):
Oh my god, Oh my god.
Speaker 15 (30:21):
Exactly.
Speaker 1 (30:22):
And they told me, okay, hold on, this is really bad.
But that still doesn't preclude you from being a parent forever. Okay,
there's no life the kids. There's no life sentence. There's
no life sentence against being a parent. Okay. Mark asked
that question. I'm sorry, how old are the children? How
(30:42):
old are the kids now? That's nine years ago.
Speaker 11 (30:44):
Yes, my daughter is going to be thirteen in March,
and my son is eleven and a half.
Speaker 3 (30:50):
Don't they, okay say at that age, I'm sorry, more
or less asking time. Don't they have a lot to
say at that age?
Speaker 1 (31:00):
They do have some say, the course still take jurisdiction.
Hold on, let's come back to you, okay, and we're
gonna get We're gonna try to get an attorney on
for the next hour. But I want to come back
with some parting words. I don't want you to leave.
I'm Tom Martino, go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
(31:20):
until you're content. Time for an insurance check up free
no obligation comparison 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 think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
(31:42):
Alliance three all three nine two zero sixteen twenty two.
Hi Tom Martino here at three all three seven one
three talks seven one three eight two five five. So
here here's the bottom line, Jessica. Okay, usually you know,
for get the divorce and the fault judgment all that.
(32:02):
That's all too late. It really is. Right now, let's
just boil it down. You want some kind of role
in your kids' lives? Is that it in a nutshell
without going through the injustices you suffered?
Speaker 12 (32:16):
Correct?
Speaker 1 (32:17):
Okay, Now, normally the courts, normally the courts do not
oppose biological parents who want to come back into the
kids' lives, but the other parent can. So did you
out of nowhere for the last ten years. I need
to know something. Last nine years, have you been visiting
(32:38):
your kids?
Speaker 11 (32:40):
Yes, and I have.
Speaker 1 (32:43):
How often do you visit.
Speaker 11 (32:44):
Them right now?
Speaker 1 (32:47):
Currently the current over the past nine years. What has
been the frequency of your visits.
Speaker 14 (32:53):
Over the past alternating weekends to once a week as, okay.
Speaker 1 (32:57):
So you had court ordered visit. Wait, you had court
ordered visitation.
Speaker 11 (33:02):
Correct. As we were inching towards a trial.
Speaker 1 (33:05):
What kind of trial?
Speaker 14 (33:07):
We need to decide a ton of things. It's still
deciding for parenting excuse me, parenting time. I mean I
owe back child support to the tune of thirty thousand dollars.
Speaker 1 (33:17):
So I went, ho, ho, hold on? Were you making
more money than him?
Speaker 11 (33:21):
No?
Speaker 9 (33:22):
I was okay at home, MoMA.
Speaker 11 (33:23):
My exes destroyed me.
Speaker 9 (33:26):
I can't even get.
Speaker 1 (33:27):
Another There was a child, there was a child support order?
Oh yes, okay, So you owe thirty grand and back
to child support?
Speaker 11 (33:35):
Yes, and every month I'm expected to pay eight hundred
and fifty four dollars.
Speaker 1 (33:39):
Okay.
Speaker 11 (33:40):
Now he's an.
Speaker 14 (33:40):
Attorney who net five hundred thousand dollars.
Speaker 1 (33:43):
Wait, so, okay, okay, your husband is a your ex
is an attorney, and.
Speaker 11 (33:48):
That's a part of the storyline as well.
Speaker 1 (33:50):
Yeah, but there's not much you can do about it.
I mean, that's what he is. But so so it
doesn't matter what he makes. You have to pay some
child support and what was the child support order originally?
The eight hundred is making up brears too, So what
is the normal support that they imputed to you?
Speaker 15 (34:08):
Oh?
Speaker 1 (34:08):
Once that, I mean back back when they back when
the order came out. How much a month were you
required to pay forty five dollars?
Speaker 14 (34:18):
Because I was making one hundred thousand dollars at the
children's hospital the last couple of years until I recently
got laid off. What were you doing as the secretary
into your finance department?
Speaker 1 (34:29):
Okay, hold on, We're going to consult an attorney. Let's uh, Mark,
is Bonnie around? Oh way? Mark might be off right now.
Hold on, We're going to try to get an attorney
on to talk to Hang on, and I'll take your
other questions. Henry. I'm going to take you next on
the will and trust, and then we'll come back to
her with an attorney. Hang on, And then Jennifer, we
(34:51):
got you too. Go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't pay a cent. Hell,
you're contenth time for an insurance check up free, no obligation.
In comparison, call Compass Insurance. Pay too much your coverage
at dozens of insurance companies find out now three oh
(35:13):
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Yeah,
ripped of news, need advice?
Speaker 15 (35:34):
Who you don't have?
Speaker 16 (35:37):
Run anxious susas as the can Shooter's gonna help?
Speaker 7 (35:42):
Come man, This is.
Speaker 2 (35:45):
The Troubleshooter Show. Now, Tom Martine, Hi.
Speaker 1 (35:50):
Tom Martino here, Welcome to the show. Three all three
seven one three talk seven one three eight two five five.
What's on your mind today? We are here trying to
solve problems, answer questions, take complaints, make your life a
little easier. And we do have a question for Dan mackenzie.
And then we have one more attorney we're trying. We
couldn't get a hold of two attorneys that we have
(36:11):
for family law. We're going to go to a third
one to see we can get some advice and so
hang in there, Jessica Jennifer as a landlord issue. But
Henry wants to talk about Wilson Trust and we have
with us today Dan Mackenzie, attorney at law, and he
Mackenzie Law, and he does a state planning and you
(36:33):
know what do you call it? What kind of law?
It's a state planning basically, right, Okay, state planning, state administration.
Go ahead, Henry, what is your question? Ahi?
Speaker 7 (36:45):
Well, first I want to say I've been listening to
you for forty years.
Speaker 1 (36:49):
Okay, confirming that I'm an old fart. Thank you.
Speaker 7 (36:55):
Oh yeah, I couldn't confirm that because I've been listening
to you for many years.
Speaker 1 (37:01):
So what's going on?
Speaker 7 (37:03):
Well, I have a lot of assets and I just
don't know where to find an attorney or how because
I need to set up a trust. I haven't set
up anything anything.
Speaker 1 (37:15):
Okay, First of all, let's talk about your need and Dan,
this is something by the way, as you know, I
started that financial advisement firm and people before they even
come to me for investment, I asked him about their state.
You'd be shocked at how many people have done nothing.
And I said, well, you need to do something there.
(37:37):
That doesn't mean you you have to put money in it,
but you have to have a plan. And then so
his question I'm going to ask him, is this, what
do you have that you think you need to estate
plan for? Because some people need estate plan so everyone
needs something a simple will most everyone, but you may not.
(38:00):
It may not be that complicated. So let's talk about
your overall situation. When you say you haven't set up anything.
What is your situation? Are you working or retired?
Speaker 7 (38:12):
I am working and I'm a farmer. I own forum ground?
I do you own?
Speaker 1 (38:19):
What? What did you say, foreman?
Speaker 7 (38:21):
Forum ground? I'm a farmer?
Speaker 1 (38:24):
I oh, a farmer. I'm sorry. Okay, so so listen
man how much? Let me just ask you this. If
you just in rough estimates, if you have all your assets,
your farm, your land, whatever, you have some bank accounts,
investment accounts, and then you have your debt, what is
the net? What are what are you worth? So to speak?
Speaker 7 (38:46):
I would say around over like five and a half million, Okay,
that would probably be a million and a half.
Speaker 1 (38:54):
But what kind of cash do you have as far
as at risk? As far as that? Because the estate
plan takes into consideration everything, and you do have to
set something up if you have nothing, you don't even
have a will? No? How much okay? Of that is
(39:15):
most of that land and house and all that? Or
do you have any kind of cash?
Speaker 10 (39:22):
I got no cash.
Speaker 12 (39:23):
I'm just just just.
Speaker 7 (39:27):
Use use the bank to operate the phone.
Speaker 1 (39:30):
Okay, okay, got it. Now upon your demise when you
go on to heaven, are you going to do you
believe your heirs will simply sell?
Speaker 7 (39:46):
They don't want to sell. They actually, my children actually
want to hold on to the land. I would be
the one I would like to sell.
Speaker 1 (39:54):
Do they want to hold on to the land for love?
Or do they work the farm with you?
Speaker 9 (39:59):
Now?
Speaker 7 (39:59):
They or work the forum? It's just for the love.
Speaker 1 (40:02):
Well, that's ridiculous. Then how much land is it?
Speaker 7 (40:07):
Oh, it's a total about a little over six hundred acres.
Speaker 1 (40:10):
And where is it located? In general? Don't give me
your address? Where is it in general?
Speaker 7 (40:15):
And in morgan Cony?
Speaker 1 (40:17):
Okay? Now does your farm make you money? Really make
you money? Or do you feed it?
Speaker 7 (40:24):
I'm kind of just feeding that. It has only made
me money. And what the assets have gone on that? Yeah?
Speaker 1 (40:31):
Yeah, But how do you live what I'm what I'm
talking about. How do you get operating.
Speaker 7 (40:34):
Capital from the if I'm forming it?
Speaker 10 (40:40):
Some years, I do, I do well in some Okay.
Speaker 1 (40:43):
Even so, you do have a cushion in the bank.
Or do you have a line of credit?
Speaker 7 (40:48):
I have a line of credit?
Speaker 1 (40:50):
Okay? And the line of credit goes up and down
with your crops, right or? Or or are they crops
I'm assuming? Or is it meat? Is it crops? What
crops do you do you raise?
Speaker 7 (41:03):
I always do corn?
Speaker 1 (41:04):
And is it corn for feed or is it corn
for people?
Speaker 7 (41:08):
It's for feed?
Speaker 1 (41:09):
Okay. So that operation either makes money or breaks even
or loses a little, depending on the year exactly, and
you operate it with the hopes of having the equity
that the farm has appreciated with right, yeah, okay, so
that's your situation. Now you mentioned did you mention your dad?
(41:31):
Did I hear you mentioned your dad? No?
Speaker 7 (41:34):
Not my dad, No, My my parents are long.
Speaker 1 (41:37):
Okay. You said somebody has a million, and you had this,
and somebody else has a million. I mean I thought
you mentioned another person. You didn't.
Speaker 7 (41:45):
No, I just a million and a half death that
I own.
Speaker 1 (41:50):
I got it.
Speaker 7 (41:52):
Yeah, And I have other assets than just the forum ground.
Speaker 1 (41:55):
Okay, are the other assets equipment?
Speaker 7 (42:00):
Yeah, equipment and oh just equipment. And I gotta.
Speaker 1 (42:08):
Now, what what is your desire right now? Henry? Right now?
I think Dan McKenzie, I think he would have to
be concerned with and again they can do anything they
want with it, but his main concern is how to
pass on that land?
Speaker 9 (42:22):
Right?
Speaker 1 (42:23):
Is that going to be the main deal? How to
pass on the farm?
Speaker 10 (42:27):
Yeah?
Speaker 1 (42:27):
I mean who are you? Who are your heirs?
Speaker 7 (42:29):
Do you know that my children would be my heir?
Speaker 10 (42:33):
How many we have four children?
Speaker 1 (42:36):
And are they all in agreement? Are they greedy or
do you think they're tell me about your kids?
Speaker 7 (42:43):
Well, they are all kind of set on me, wanting
to keep the hold onto the land. At least I
have land that has water rights that is much more
valuable than I have some dry land, and the one
that has water rights they really like to keep it by.
At the same time, they have never done anything or
(43:04):
they're not willing to worry about anything. So for that reason,
I don't know.
Speaker 1 (43:09):
Can he Can he do a trust that orders everything
for sale, but that doesn't give them a choice?
Speaker 10 (43:16):
You can?
Speaker 6 (43:16):
I mean, I I'm a little bit hesitant to do
something like that because you just don't know what the
market is going to be. Like, you could be ordering
a sale in the middle of, you know, a crisis
in the real estate market, for example, and it's just like.
Speaker 1 (43:26):
Well, how about a sale when when I don't know
what I'm saying, is I see that he's going to
have a lot of conflict here if he doesn't put
some terms up.
Speaker 6 (43:35):
Throwing four kids into basically a business ownership together, and
especially when they're now, especially farm and work it and
all that kind of stuff is not going to work.
Speaker 1 (43:43):
That's not a good idea.
Speaker 6 (43:44):
But yeah, I mean you could have you could have
a trustee or a personal representative.
Speaker 1 (43:49):
It could be one of them.
Speaker 6 (43:52):
Maybe it should be somebody else who can be a
little bit more dispassionate, who can step in and figure
out what is the best course of action here, because
maybe some want it and some don't, maybe none of
them want it. But somebody who can just get in
there and neutraally figure it out.
Speaker 1 (44:05):
And now, remember, there's going to be a few things
you have to know if you do it will for sure.
Now when you die, they're going to inherit the debt.
They're going to have to pay off that debt? Okay,
that debt is you? I assume you have a first
deed of trust against the farm? Is that right?
Speaker 7 (44:27):
Yeah, there's a Yeah, there is a deed of trust.
Speaker 1 (44:30):
You're like, we're a mortgage right right? Now?
Speaker 10 (44:33):
Do you do you?
Speaker 1 (44:35):
Let me ask you this. Do you have life insurance? I?
Do we do? For how much?
Speaker 7 (44:43):
We both have a million dollar life insurance?
Speaker 1 (44:45):
Who's both you and your wife?
Speaker 7 (44:48):
Yes?
Speaker 1 (44:49):
Okay?
Speaker 7 (44:50):
And it will expire probably mine will probably expire within
like ten years or so.
Speaker 1 (44:55):
Is it term insurance?
Speaker 17 (44:57):
Is it term?
Speaker 1 (44:59):
Okay?
Speaker 10 (44:59):
Yes?
Speaker 1 (45:00):
Okay? Now, Dan, what your advice would be? A will
for sure? And then he'd have to think about a trust.
And if I was him in this can, I would
do a trust with a trustee I know, and trust
to do the right thing, because I just think your
kids are not going to be able to come to
(45:20):
an agreement on what to do with the land. Is
that land truly worth about four million? Five million? Did
you say?
Speaker 7 (45:27):
Yeah? That's what some of the Atlanta's worth A minimum
twelve thousand of acre, that's what it?
Speaker 1 (45:34):
Would people buy it?
Speaker 7 (45:35):
Then?
Speaker 1 (45:36):
Are people going to buy it?
Speaker 9 (45:38):
Yeah?
Speaker 7 (45:38):
Yeah, Okay, it's an area where it sounds really good.
Speaker 1 (45:41):
Can I ask you something silly? Have you ever considered
how old are you right now?
Speaker 7 (45:47):
Sixty two?
Speaker 1 (45:49):
Okay, you're pretty young. Have you ever considered selling before
you die and just taking the money and then doing
a trust and some planning with the money.
Speaker 12 (46:00):
I would do it.
Speaker 7 (46:01):
I would like to do exactly that. I'm having a
conflict with my wife. My wife is on the children's side.
She doesn't want that. She wants to leave the land
for the children and at least.
Speaker 1 (46:14):
And uh wait wait, lease it to someone else to
create income.
Speaker 7 (46:20):
No, it's income. We could never get off it as
long as I own mind.
Speaker 1 (46:24):
No, No, I mean as far as you said leasing it.
So so does your wife want o leave it?
Speaker 10 (46:33):
Leave it?
Speaker 1 (46:34):
But okay, but does your wife figure do you do?
What about if you want to just retire and you
want to take it a little easy, and you want
to maybe have a small annuity and some other money
somewhere else and for your kids and trust for your kids.
I mean, she doesn't think that's a good idea.
Speaker 7 (46:52):
No, that's exactly what I want.
Speaker 10 (46:53):
She does not want that.
Speaker 1 (46:54):
Well, who's the boss? And I mean this sincerely, who's
the boss legally in writing? Does she own have she.
Speaker 7 (47:01):
Owns house, She's on everything, So would.
Speaker 1 (47:05):
She oppose you doing it completely? I mean literally not
go along with it? To it? So she wants you
to work till you die because really you're going to
have to because the land doesn't produce. You know, what
I'm saying is without you working it, you're not going
(47:27):
to have income. No, and Social Security isn't going to
pay the debt service. So does she just want you
to work until you, you know, buy the farm.
Speaker 7 (47:40):
I don't think she really wants to, but I think
she sees that there's an option in that. In my opinion,
there isn't.
Speaker 1 (47:47):
Well what option does she see? I mean, does she
know reality? Like you're the one creating income. Equity without
income is nothing, Equity without cash flow is just equity.
And and if you sit there, there's a chance literally
you and your wife could lose by not having the
wherewithal to pay off that debt.
Speaker 7 (48:10):
I've been bringing them out across her many times.
Speaker 1 (48:14):
Well, she's got is she She's not stupid? And I'm
asking out of respect. She's not stupid, is she?
Speaker 7 (48:21):
No, she's not.
Speaker 10 (48:22):
She's just.
Speaker 7 (48:24):
Just seeing it one way I guess.
Speaker 1 (48:28):
Because you got to look at reality and you have
to see that the land in and of itself is valuable,
but it's not valuable if you can't pay the debt service.
In fact, you're gonna end up losing it if you
don't work it. And if you work it, you're gonna
you have to work until you leave it to your kids.
So you're you're working right now for nothing more than
(48:51):
leaving that to your kids. And then they're gonna have
to pay it off. And and how do they think
they're gonna pay it off? So let's say you die
in a few years and you'll a million. Let's say
you die in many years, but you still owe a
million bucks. It's gonna take a long time to pay
off a million and a half. So let's say you
owe a million bucks. How are they going to pay
that off? Are they going to sell enough land to
(49:12):
pay it off?
Speaker 7 (49:13):
That's what they would have to do. Either that or
they would have to they don't have a good job.
Either that or they would have to make payments on
their jobs and tell it would be paid off.
Speaker 1 (49:23):
But they can't. They got to refinance it. They don't
get to take over your loan. See, your wife doesn't
understand this stuff exactly. So I mean, it's all well
and good that you're calling, you want to talk to
Dan McKenzie and all that, but really you better plan.
Beyond planning. You have to plan for your demise and
(49:43):
what to do with this stuff. But you're not thinking
of the time between now and the time you die.
You're not thinking about the practicality, and either is your wife.
I mean, even you can sell enough, even you can
sell enough to possibly pay off the loan and then
keep the rest, then all you have to worry about
our taxes and you won't have to work as hard.
(50:04):
But you're going to be working basically the rest of
your life because the land doesn't give you a pension
for being the farmer.
Speaker 7 (50:13):
Well, I see that. I realize that it's my other
house that has not realize it.
Speaker 1 (50:19):
Well, what if your other have talked to an attorney
who knows about it and they I'm not saying that
they would, you know, force themselves on you, But if
you did a state planning an attorney asked questions, is
she wise enough to see, well, wait a minute, he
is getting older and eventually we have to make a plan.
Do any of your kids want to work it?
Speaker 9 (50:38):
No?
Speaker 7 (50:38):
And that's why I, Paul, I think I would like
to sometime when her sits down with an attorney and
have an attorney explained.
Speaker 1 (50:45):
That to her. Okay, I'll tell you what just you
that that's a good idea. You leave. You know, you
you go to Dan mackenzie and talk to him for
a consultation. Okay, now, listen like that, you should and
you should talk to your You should contact Dan good
(51:07):
his number, give him your local number three oh three,
five seven eight two seven four or five five seven
eight two seven four or five. All right, we'll get
a door and do me a favor. Leave your information
with Kelly as well for him, because listen, man, I
(51:30):
feel here's what I feel. You need to worry about you, bro.
You need to worry about you and and and I'm
not suggesting. Look look at I'm not trying to talk
into anything. But you are sixty two. That's okay. You
can probably go another ten years if you want, if
you want. But eventually the farm does not say good job,
(51:51):
good job, and take it easy now and then I'll
wait around for your kids. They're not going to do that. Henry,
You're going to be left high and dry, and at
that time it'll be even harder to plan. That's why
you do it earlier, Kaschina get his information. You can
ask that question on the way back. I am so
(52:12):
overtime right now. Three oh three seven one three eight
two five to five. Go with a sure thing Denver's
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. In comparison, call Compass Insurance paying too much
(52:34):
your coverage at dozens of insurance companies find out now
three oh three seven to seven to one. Help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino here, three oh three seven
(52:58):
one three talk seven one three eight two four.
Speaker 10 (53:01):
All right.
Speaker 1 (53:02):
So, one other thing that Deputy D brought up on
that last call that we should talk about is that
debt he has can go up or down based on
his years, so he could end up actually owing more,
owing a little less. Whatever. It's really a bad situation.
(53:23):
He's got a job right now, he doesn't have wealth.
His kids will have wealth if they sell and divide
the money. But they say they want to keep the land.
Do you know how many I want to ask Dan
McKenzie this real quick, Dan, how many families have you
seen that make decisions out of emotion that you see
(53:45):
are dead wrong? And I don't know how else to
put it. How often have you seen that?
Speaker 6 (53:51):
I mean, I think that's the problem with estate planning
in general, is it's very driven by emotion.
Speaker 1 (53:56):
You see that in family law too.
Speaker 6 (53:57):
You know, when you've got two businesses, touing each other
can be a little bit more of a business decision.
But there's just stuff like you know, people have sentimental attachment,
si sentemon attachment to the parents.
Speaker 1 (54:08):
You know, it's just really hard to get over that.
And they're decisions. They're not necessarily wise, that's right. Yeah,
And so oh, we want to keep the land. I've
seen people want to keep land and go broke and
they here's what I found One time. I saw a
guy one time that inherited some stuff from his dad,
some property. He had such an emotional attachment to the
property he kept, but he had no way to support it.
(54:31):
So what he would do is when it went up inequity,
he would borrow. Then he would use that money to
make payments on the loan. And he kept doing that,
and I said, you understand, you are spiraling to nowhere.
And eventually, guess what happened. He owed so much he
could no longer pull money out. And he said, I
(54:52):
lost the building. I said, no, you didn't. You sold
it over time. Yeah, you know what I mean. They
took the building and he walked away. He got paid
every penny on that building. Maybe that addressed his need
with hout the guilt. That's a good way to do
it anyway. Three three seven one, three eight two five five. Look,
(55:13):
I'm telling you you'd be shocked at what we come
across with people when it comes to their finances and
their investments. I mean, there have been a number of
people I told you have no business investing money. Literally,
you know your house is not in order.
Speaker 18 (55:29):
Now.
Speaker 1 (55:29):
I don't mean I'm going to preach to him, but God,
I mean, you know, and this is some of the
the moral issues I come up against with people that
their financial advisors should have told them or their insurance,
salesman or annuity. You don't need this. What you need
is to pay off that high interest debt first, or
(55:50):
you need to make sure you have shelter, or you
can't work until you're eighty. This is what people need
sometimes they need a good, hard dose of truth. Now,
hang on, Jessica, we're still trying to get an attorney. Okay,
hang on, let's talk to Jennifer. Jennifer, what's going on
(56:12):
with their tenant landlord issue? What's happening? Are you the
tenant or the landlord?
Speaker 12 (56:17):
I'm the tenant.
Speaker 1 (56:18):
What's going on? So?
Speaker 17 (56:21):
I moved in this house maybe about a year ago,
and since we've moved in, we've had all types of
crazy floods, floods, the sewer line back up.
Speaker 1 (56:32):
Oh no, is this a house? Is this a house?
Speaker 11 (56:35):
House?
Speaker 1 (56:36):
Okay? So you moved in a year ago into a
single family house. And when was your first back sewer backup?
Speaker 12 (56:46):
February? I moved in in November. My first sewer backup
was in February.
Speaker 1 (56:52):
Okay, So November of twenty three, and then you had
a backup in February? Okay? And what did the landlord do?
Speaker 12 (57:01):
It took them five months, Steven's figure out what it was.
They didn't do anything.
Speaker 1 (57:06):
Well, hold on, wait, wait, wait wait, they must have
sent a crew to clean up the stuff come up.
Speaker 17 (57:10):
Well, they they did, and then we were still living
in the home. So they were like, as long as
you're living here, it's no point of cleaning. So it
got to a points of where they stopped cleaning it
up altogether because they were as long as you're staying.
Speaker 1 (57:24):
Stop cleaning it up. What do you mean, like, like,
when when that's the sewage backed up? What did they
do about? They left it in the basement.
Speaker 12 (57:33):
And we cleaned it up ourselves.
Speaker 1 (57:35):
Oh no, no, no, no, no, why are you still there?
Speaker 17 (57:40):
So I'm I'm actually supposed to be moving out, but
I don't have So this is my third house that
I've been in that's been in this type of condition
to where I just have to get up and go.
Speaker 12 (57:51):
And I'm a mother and I have five kids that
live in my house regularly.
Speaker 1 (57:57):
Jennifer, are these five kids your biological children? Yes? All
of these are my biological Okay, now, Jennifer, oh go ahead,
you have one that will.
Speaker 12 (58:06):
I have one that's not in the home. Because this
was an issue that starts.
Speaker 17 (58:10):
So we have a custody issue because I've been so unstable,
it is an issue with school for the kids.
Speaker 12 (58:17):
So I have a custody case going on.
Speaker 17 (58:20):
So I have another kid that's supposed to be doing
therapy in home, but we can't bring him home because
he has asthma in the house.
Speaker 12 (58:26):
You turn sets back to me.
Speaker 1 (58:28):
Hey, Jennifer, Jennifer, I want one thing at a time.
Let's talk about this house. So you're living in this house.
This had continual sewer backups. Now the landlord doesn't blame
you for those, does he No? Okay, but they don't
attend to it. So now you're finding this situation unbearable.
And how long is your lead? By the way, just
(58:50):
tell me this because this would complicate things. Have you
withheld rent? No, you've been paying your rent on time
every time. Yes, And that landlord still has not had
the decency to do a good clean of that house.
Speaker 17 (59:07):
No, and we've so we're on housing also, So we've
gotten housing. So it's sailed all the inspections.
Speaker 12 (59:18):
Now we're having leaks.
Speaker 17 (59:20):
From the ciling, and the still rooms have been cut
out or have fell out.
Speaker 1 (59:24):
Well, what do you say? What do you want us,
and I mean this sincerely. What do you want us
to do? When you called us? Do you want to
get out of the lease? Do you want someone to
call this landlord? Oh it sounds to me like landlord
doesn't give it. Damn no.
Speaker 12 (59:36):
So this is a corporation okay, but.
Speaker 1 (59:39):
It's still a landlord. I don't think they care.
Speaker 12 (59:42):
No, they don't.
Speaker 17 (59:43):
What's the name of the corporation, Main Street Renewal, Main
Street Renewal. They're located in Texas, their main office. But
every time you call, it's like everything is like third party.
So when you you get a call center, when they
send somebody out, they have to like do a bid.
Speaker 1 (01:00:05):
And I know, yeah, I know. It's a big, big,
giant company. Listen, what do you want.
Speaker 12 (01:00:14):
I'm ready to move. I need some help moving out.
Speaker 15 (01:00:18):
Okay, ready to go?
Speaker 1 (01:00:19):
And are they gonna fight you? When is your lise up?
Speaker 12 (01:00:23):
I just actually renew to lease.
Speaker 1 (01:00:26):
But do you think do you think they'll let you out?
Because I think you have grounds? Do you think they'll
let you out voluntarily? Okay, I don't know. Well let's
start there. Let's start there trying to figure out do
you have a deposit with them?
Speaker 10 (01:00:41):
Yes, I do.
Speaker 1 (01:00:42):
Okay, I Chopper, what about you? I'm ready for something. Okay,
let's let's talk to this landlord, this corporation, man, this woman.
This This is bull crap and I mean or people crap,
however you want to look at it. But this is
these continual sore backups. If everything she's telling us and true,
she's been paying her rent, she has sewer backups. They're
(01:01:03):
not cleaning it. She needs to get out of there.
They need to let her out of the lease and
give her her deposits so she can move on. Hang on,
Jennifer M. Chopper, let me know how that goes. We
got to do something about it. If you run again,
do me a favor, though, Chopper, this is really important.
So if you run up against a broadblock, let us
know I will. We have more coming right up. Go
(01:01:28):
with a sure thing Denver's 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. In comparison, call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven to
seven to one. Help you'll think you're his only customer
(01:01:49):
when you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three three
nine two zero sixteen twenty two. Tom Martinez, you know
your troubleshooter. Okay, I want to just Oh, we got
a lot going on here. We got Jennifer assigned to
deputy Chopper, and Chopper I'm gonna text you a synopsis there,
(01:02:13):
and I want to say that I want to go
back though to Jessica. Jessica, we have an attorney that
wants to he's retired and we want to talk to
him on Thursday and get you some information. But one
thing I didn't ask and I did get your story.
And for those listening, she lives in Illinois, an alcoholic
in recovery. Husband kicked her out in twenty fifteen, filed
(01:02:36):
for divorce. She did not show up for the final hearing.
Ex husband got a default judge judgment. Kids are now
eleven and thirteen. What do you want today? What is
the issue that you called about? You said your dad
thought we could help, but what is the actual issue
at this point?
Speaker 11 (01:02:54):
Yes, mister Martinez, I need to get an attorney and
I don't have any money.
Speaker 1 (01:03:00):
What is the issue? No, no, no, you didn't answer
my question. What is the issue?
Speaker 12 (01:03:04):
See the kid?
Speaker 9 (01:03:05):
Okay, even though.
Speaker 14 (01:03:06):
I got a schedule, he not only that, but he's
subpoenas recruiters and local venders just to see if I'm
purchasing alcohol.
Speaker 11 (01:03:15):
He's out of control. I also think a lot of
your listeners are moms like me who've been in a
divorce with someone.
Speaker 14 (01:03:22):
Who's gotten narcissistic tendency. And it's really hard to get
the court system.
Speaker 11 (01:03:26):
In any state to recognize that.
Speaker 1 (01:03:29):
Actually, Jessica, Jessica, Jessica, Jessica, most of the times. I'm
serious when I tell you this most of the time.
And this is not against you. This is an observation
that I have over forty five years of listening to people,
and I'm going to tell you that courts bend over
backwards for biological parents, especially moms, and moms almost have
(01:03:52):
to be snorting meth at the courthouse steps to lose custody.
I'm saying that it is not easy to lose custody. Now,
having said that, I don't know what your situation is,
but I know one thing. If there is a standing
court order for revisitation and he's denying it. Is that
(01:04:18):
is that is he literally defying the court order for visitation?
Speaker 8 (01:04:22):
Yes?
Speaker 1 (01:04:22):
Oh, yes, so you actually have Wait a minute, your
your your you were your privileges were never taken away
or suspended for any reason. Right now, according to the court,
you have a right to see your children and he
is refusing to let you. Yeah, okay, now he is
going to say he's refusing to let you for their
(01:04:44):
safety and well being. Okay, that's going to be what No,
I know that, I know that, and that could be true.
I don't know you, right, it could be true. I'm saying,
so do you have you ever, here's what you need
to ask the court, and it's not going to be expensive.
You can literally write a letter to the judge. Write
(01:05:05):
a letter and say I can't afford an attorney and
my ex husband will not let me see the children
as ordered by the court. You reference your case number.
I'm not giving you legal advice. I'm telling you how
I would do it or what I would tell my
sister or brother. And then here's what you asked the judge.
(01:05:25):
I will voluntarily submit to periodic or regular yurin or
out whatever tests you need to take to prove to
the court that his allegations about you continuing your drinking
is false. That's if it is false.
Speaker 9 (01:05:43):
Jessica, what are a couple of things Baron?
Speaker 14 (01:05:46):
I perceive saying that number one, I've proven it with
multiple hairbolgical tests soberly seven years.
Speaker 1 (01:05:51):
What I'm asking is, are you willing to go to
are you willing to do regularly?
Speaker 14 (01:05:56):
Another level, the guarden that lightem in these cases gets involved.
Speaker 1 (01:06:00):
And what do you have a guardian at LAM in
your case?
Speaker 11 (01:06:03):
Test too?
Speaker 1 (01:06:04):
Okay? Do you have one currently?
Speaker 9 (01:06:07):
Yes?
Speaker 11 (01:06:07):
And she has sided with him?
Speaker 1 (01:06:09):
Well, there must be Listen. Why do you think she's
siding with him?
Speaker 14 (01:06:14):
Because when I go to her and say my ex
husband who is an officer of the court, he's an attorney.
Speaker 1 (01:06:19):
No, it's a course I'm asking you, Jessica, No, no, Jessica. Wait, Jessica,
there's multiple Jessica, Please please listen to me. Did you
ever tell the guardian at LTAM that you would be
willing to take regular tests for alcohol?
Speaker 14 (01:06:38):
Yes, because they're not looking at it like an alcohol
case anymore. That transitioned it to now mom.
Speaker 9 (01:06:44):
Might have a mental illness Okay, that's what they do
in these cases.
Speaker 11 (01:06:47):
That's how I understand it.
Speaker 1 (01:06:48):
That would they allow you to have supervised visits until
that can be determined.
Speaker 11 (01:06:54):
I don't know why they would do that when I've
got access to my kids without supervising vitation. That seems
to be going backwards.
Speaker 1 (01:06:59):
So it's never Here's what I'm saying. If they have
a guardian at LIGHTEM, and the guardian is siding with
your husband that you not see the children, the guardian
at LIGHTEM actually has the power to do that. So
are you sure the order him to not allow that?
Speaker 11 (01:07:15):
She just doesn't interfere, right, she just doesn't help protect him.
Speaker 1 (01:07:19):
But so she's never modified the child visitation she has.
Speaker 11 (01:07:24):
She has reduced it without having any generation.
Speaker 1 (01:07:28):
I don't, Jessica, I don't need your editorial. I need
to know what's going on to help you. I know
that you disagree with everything. I know that, but it
wastes time right now. So the question was the guardian
at LIGHTEM did modify your visitation? Yes? How much was
(01:07:48):
it reduced by one night? Oh that's all? Did she
order supervision? Okay?
Speaker 9 (01:07:57):
All right, what I want you to do because I've been.
Speaker 1 (01:08:01):
Okay again, I am not debating that with you, Jessica.
I'm not against you, Jessica, and I know you're against
everything that happened on the other side. I just want
to get through this so we can talk to our
attorney about it. Okay. So, so you're gonna hear from us.
(01:08:22):
We're gonna get them on on Thursday. Three oh three
seven one three eight two five five. Go with a
sure thing Denver's best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
(01:08:43):
insurance check up free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three seven seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
list your home with Remac Alliance three three nine two
zero sixteen twenty two. All right, I'm Tom Martino three
(01:09:11):
three seven one three talk Ryan. What's going on with
Elite Towing?
Speaker 4 (01:09:17):
Hey, Yeah, I've been traveling for the past month and
when I got back, I noticed my car was not
in my neighborhood.
Speaker 10 (01:09:24):
Parking lot.
Speaker 1 (01:09:25):
So when you say what is a neighbor tell me
what a neighbor I need to I'm sorry to interrupt,
but I need to ask what is a neighborhood parking lot?
Speaker 7 (01:09:34):
Oh?
Speaker 4 (01:09:34):
Just I live in like a townhome community, and so
there's parking spots in front of all the garages, and
then there's like separate parking spots that are not assigned
to any particular unit.
Speaker 1 (01:09:45):
Do you have an assigned parking space?
Speaker 4 (01:09:49):
I have the one that's in front of my garage.
Speaker 1 (01:09:52):
Is it assigned to you?
Speaker 9 (01:09:55):
Yeah?
Speaker 1 (01:09:55):
Okay? And is that where it was towed from?
Speaker 4 (01:10:00):
No, it was it was in the unassigned focke.
Speaker 1 (01:10:03):
And does your parking lot require permits? All right, hold
on a second, let's talk about this elite towing. We've
had other complaints. We'll see what's going on right after this.
You got to hang on. I'll come right back to
your promise. I'm Tom Martineau. Go with a sure thing
(01:10:32):
Denver's Best roofer Excel roofing dot com. You don't pay
a cent until you're content. Please time for an insurance
check up free, no obligation. Comparison call Compass Insurance paying
too much your coverage at dozens of insurance companies. Find
out now three O three seven to seven to one help.
You'll think you're his only customer when you choose Frank
(01:10:53):
durand the real estate man dot com to list your
home with Remax Alliance three three nine two zero sixteen
twenty two ripped up new need advice so you don't have.
Speaker 12 (01:11:13):
Come running.
Speaker 9 (01:11:14):
Just as fast as you can, Shooter's gonna help coming.
Speaker 2 (01:11:19):
Man, this is the Troubleshooter Show. Now, Tom Martine.
Speaker 1 (01:11:26):
Hey, I'm Tom Martino. I'll turn the camera back on
in a second. I don't know what the heck is
going on. I'm so tired of not working stuff anyway,
so I will. I promise I'm gonna turn it back
on in a minute. So if you're streaming you can
hear me. I'm still looking at your comments and all
that crap. I don't know what happened. But what I'm
gonna do is I'm going to uh take calls, and
(01:11:48):
I'm talking to streamers. By the way, my YouTube morns,
I'm not talking to my radio audience. Everything cool, We're here.
Ryan is Ryan? Is it Ryan? Or Rayana? Ryan?
Speaker 10 (01:12:03):
Yeah?
Speaker 1 (01:12:04):
Okay, that's an unusual name Ryan. Okay, so your car
was in an unassigned spot in a town home community,
but you live there, right, Yeah.
Speaker 4 (01:12:16):
I live there, I'm attendant, I'm renting it, and I
assume you have a right to park there, right, correct?
Speaker 1 (01:12:23):
Yeah, But do you have a right to park? I'm
just asking, souse. I don't know. Do you have a
right to park in the unassigned spots?
Speaker 17 (01:12:34):
Yeah?
Speaker 4 (01:12:34):
I mean, as far as i'm where, there's no specific
rules for those spots. I mean, you just can't park
in front of a garage that's not yours. Of course,
there's no kind of permit or any kind of restrictions
on those.
Speaker 1 (01:12:46):
So you guys don't have anything you have to put
in the in the windshield or anything.
Speaker 10 (01:12:51):
That's right.
Speaker 1 (01:12:51):
Yeah. How long was your car there before it was
towed static not moved?
Speaker 4 (01:12:58):
Yeah, so I've been traveling for the past around the
past month of November, so it's I.
Speaker 1 (01:13:02):
Think, hold on, now, that's that's a whole different ballgame.
I think. So your car was there in an unassigned
spot for one month or more.
Speaker 4 (01:13:13):
I think it was around a month. I don't know
exactly when it was, Toad, but okay.
Speaker 10 (01:13:17):
Got it.
Speaker 1 (01:13:17):
Bryan, didn't you want to explain to you why your
car was towed?
Speaker 9 (01:13:22):
Yeah?
Speaker 4 (01:13:22):
I mean I called the towing company and they claimed
that it was abandoned the vehicle.
Speaker 1 (01:13:28):
Okay, all right. Did they have a list of cars
and license went on your lease? Or when you do
you register your cars with the company? Okay? Yeah, I
mean so how would they let me ask you this?
How how would they know if some if the cars abandoned?
(01:13:51):
Did they tell you it's if it hasn't moved in
a certain number of days or weeks or hours? What
did they tell you?
Speaker 4 (01:13:59):
I'm I haven't heard any communications from either the property
management or tone company or otherwise, so I'm not really
sure about that.
Speaker 1 (01:14:09):
Okay, tell Elite, why didn't you ask? I mean, if
my car was towed, how did you even know it
was toad because they thought it was abandoned? How do
you actually how do you even just for how do
you know it was toad because it was abandoned?
Speaker 7 (01:14:24):
Yeah?
Speaker 4 (01:14:24):
So I got back in town night before yesterday, and
that's what I noticed, and I called the towing company,
and the towing company stated, okay, how.
Speaker 16 (01:14:34):
Did the towing company know? Who told the towing company
that it was abandoned. Who ordered the actual toe.
Speaker 4 (01:14:41):
I believe they said it was like the property HOA
or property management.
Speaker 16 (01:14:46):
Oh okay, so somebody from HUA reported it as an
abandoned car and ordered Elite to toe it away.
Speaker 1 (01:14:52):
And I don't think it's there. I don't think it's
the towing company's fault at all. They're the ones with
twok over why it's towing, I know, but it's still
not there. The management company said, come and get it.
It's their property. They have every right to tow. Now
there might be yeah, there are laws regarding notice and
all of that, And I don't know what they did
(01:15:14):
or how they have to do it on private property.
I really don't know, but let's put it this way.
I think the problem was with the management company. So
when you heard that the management company called it abandoned,
did you look to your lease or buy laws or
any kind of documentation or did you just simply I
would have gone to the management companies said excuse me,
(01:15:36):
why was my car towed? I mean, didn't you ask
right Ryan or ran?
Speaker 10 (01:15:41):
Yeah.
Speaker 4 (01:15:41):
I've given them a call and I basically got directed
to a call center and they said that it's like
a management company that has multiple neighborhoods. Yeah, they would
for the information to the one from my specific neighborhood,
and they get back to me, and I haven't heard
back yet. I mean I only did this yesterday, but
I don't heard back yet on that.
Speaker 1 (01:16:01):
Day. Can you give me a quick call you think, Yeah,
let's just do a quick call for you. Man, when
you called, do you have an office right there that
you can walk into and say, hey, by the way,
when is a car considered abandon I mean, can't you
just talk to someone?
Speaker 4 (01:16:17):
Yeah, there's no on site office or anything.
Speaker 1 (01:16:19):
Oh okay, then who if there's no onside office, does
the towing company have standing orders?
Speaker 4 (01:16:30):
I'm honestly not sure about that.
Speaker 1 (01:16:32):
Hey, Ryan, why didn't you park in front of your garage?
Speaker 4 (01:16:38):
So there's the garage, which is where my wife's cars parked, And.
Speaker 1 (01:16:44):
Okay, so you couldn't. You couldn't very well just leave
it out there because it would block her.
Speaker 2 (01:16:48):
Right.
Speaker 4 (01:16:50):
Well, it's not even about that. So my driveway in
particular is like extra steep, and it's too steep to
get a sedan up there. So the second car was
a sedan, so I literally just can't get up the
draft without so.
Speaker 1 (01:17:01):
You never parked there. You never parked there, right, Yeah.
The only difference between when it was TOTD and when
it wasn't is you use the car every day. Yeah,
but that but when you were traveling, and since your
wife didn't move it for you and or you didn't
know about it, but somewhere here's going to be the problem. Ran.
(01:17:22):
If it's written somewhere and you just didn't know or
see it, it's going to be a problem for you.
If it's written somewhere, what I mean is in your
bylaws or something. Am I right to assume you could
have parked there under normal circumstances and you wouldn't be told.
But because it was there a long time, it was Toad.
Speaker 4 (01:17:44):
I mean certainly, I've been least in this place for
six seven months and that's it. I haven't changed anything
about the parking, except, like you said, the fact that
I've been gone and haven't been moving the cars them.
Speaker 1 (01:17:54):
Yeah. Okay, So how much did all this cost you? Ran?
Speaker 4 (01:17:58):
They're telling me that it's too point three grand to
get it out?
Speaker 1 (01:18:02):
What wait wait wait wait wait wait wait wait wait
wait a minute, twenty three hundred dollars.
Speaker 4 (01:18:11):
Yeah, exactly exactly what how do they whatever? They're daily
holding feet and they've had it for about a month,
so for about a month.
Speaker 9 (01:18:21):
So but.
Speaker 1 (01:18:24):
Wait they told it like right at the beginning of
your train. We don't know. I mean, Ryan, you got
to help us out if we're going to help you,
because I don't want to start fighting and find out
you were gone two months? Exactly how long were you gone?
Speaker 5 (01:18:36):
Bro?
Speaker 2 (01:18:38):
I was gone.
Speaker 4 (01:18:39):
I left November. Let me see, I left November eleventh, eleventh.
Speaker 1 (01:18:47):
Oh okay, and the thing is the thing is okay,
November eleventh. Then when did you return? We're on a
roll here. Where when did you return?
Speaker 4 (01:18:58):
I returned on Sunday?
Speaker 1 (01:18:59):
There, okay, so okay, so.
Speaker 16 (01:19:03):
It was the car parked there before November eleventh? Though
what date did you actually park the car?
Speaker 1 (01:19:09):
What date? Okay, that's okay, thank you, d that's a
good point. When did you actually park the car there
for the and leave it? When did you actually park
it there?
Speaker 4 (01:19:19):
I mean the car has been there since I moved here.
Speaker 1 (01:19:23):
No, that's not what I'm asking. So no, no, no,
that's not what I'm asking. You used your car before that?
What I need to know. Listen to what I'm asking,
because it's really important. When was the last time your
car had been moved from that spot?
Speaker 4 (01:19:43):
Probably about a week or two. I've been using my
wife's car.
Speaker 1 (01:19:48):
Okay, so probably is it say a week or two?
So basically all of November it was parked there.
Speaker 10 (01:19:57):
Yeah.
Speaker 1 (01:19:58):
Yeah, well not all of November because you don't know
when they towed it, right, You don't have an exact
tow date.
Speaker 15 (01:20:05):
No.
Speaker 4 (01:20:05):
And the thing is, I also think is I'm just
leading up to the trip. I honestly don't even know,
Like like I didn't notice, I didn't notice. I can't
say for sure whether or not it was there before
I left on my trip or now, like it might
have been towed before. But I honestly just you know,
I hadn't been using the car for that time.
Speaker 1 (01:20:25):
Okay, you didn't notice, You didn't notice, So it really
could have been in storage for a full month. Yeah, yeah,
even though you left on the eleventh, it could have
been towed two weeks before that. You never know, right, right,
So listen, man, what kind of car is it?
Speaker 4 (01:20:46):
It is a two thousand and five to Tua album.
Speaker 1 (01:20:51):
What is it worth? Because it's almost twenty years old?
Speaker 4 (01:20:55):
What is it worth Yeah, yeah, on a private mark
and it's probably a five or six grand, six grand.
Speaker 1 (01:21:03):
It's it's really not worth you getting it, I mean,
is it? I mean, be honest here, do you owe
money on it? No? I bought it. I'm not telling you.
I'm not telling you we can't help you. I'm not
telling you that I don't know the situation yet. There
are new laws on releasing your car. They have to
release your car. Can you look that up? D But
(01:21:24):
but remember this was a private toe. But he wasn't
blocking traffic. Now you could have been given notice. Help
us out here. Did they say, hey, we put a
notice on the car and you didn't move it? Blah
blah blah. Did they say any of that? Not on
my phone call? And you should be asking you should
(01:21:45):
be asked.
Speaker 5 (01:21:45):
No.
Speaker 1 (01:21:45):
No, the toe company, they're required if you're not blocking traffic,
they're required to tell you to give you notice before
they tow it. Did it have current license plates on it?
Speaker 4 (01:22:00):
No, it didn't know it didn't.
Speaker 1 (01:22:01):
Oh god, did it have any rayan? See this is
the problem.
Speaker 2 (01:22:06):
Man.
Speaker 1 (01:22:07):
You keep unloading, you keep like, you keep like revealing
stuff that gives them more and more and more and
more justification. I'm not saying that you shouldn't get your
car back, and they shouldn't. There's a certain law about
getting your car back with a minimum amount of payment.
I got to look it up. But let me ask
you this. How did it have license plates at all?
Speaker 16 (01:22:29):
Yeah?
Speaker 4 (01:22:29):
It had license plates, And it's actually like I was
planning on selling the car. That's why I didn't renew
the registration.
Speaker 1 (01:22:35):
It doesn't matter. I'm not judging you. How expired were they?
Speaker 4 (01:22:43):
I believe the plates were from twenty three.
Speaker 1 (01:22:48):
Oh man, you aren't such bad shape right now? Hold on, Ryan, right, ray,
and let's see what we can do. I'm gonna have
get his information. I want d to do some event instigating,
and then I want to investigate the law because there
is I thought there was a certain law that said
if he made a certain payment, they have to release him. Yeah.
(01:23:09):
There are two issues.
Speaker 16 (01:23:09):
One is, yeah, they're required to put him on a
financing plan.
Speaker 1 (01:23:13):
But they had a right, they had a right.
Speaker 16 (01:23:16):
Well, I think the new law prohibits towing for expired
license plates.
Speaker 1 (01:23:20):
Now that's probably okay, But what about abandon look it up.
I hope you're right. Hang on, bro, we'll be right back.
I'm Tom Martine more coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance
(01:23:44):
checkup free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three O three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino, your troubleshooter three ozho three
(01:24:13):
seven one three talk three oh three seven one three
eight two five five. I guess my computer has decided
I'm ugly and won't take my camera. But I'm gonna
keep trying, folks, so just please put up with it
for a second. I don't want to hear it. Hey,
so let's go to the phones. Here's what I think.
(01:24:35):
I think that that guy is going to be out
of luck. I think he did everything wrong. And however,
I looked up the law and I said, uh, and
here's what here's what it says Dimitri's looking it up,
Deputy D. Under the new Colorado law effective August twenty
(01:24:56):
twenty two, towing companies are generally prohibited from removing vehicles
from private properties solely due to expired license plates, unless
directed by law enforcement. However, there are specific circumstances where
a vehicle can be towed without prior notice. Okay, now
(01:25:19):
let's talk about that. It's including blocking access. He wasn't
unauthorized parking in a space designated for another person. He
wasn't doing that permit violations, he says, They don't require permits.
So in his situation, the vehicle was parked in an
unassigned spot in a town home community for a month
(01:25:40):
with expired plates. Since it wasn't blocking traffic or occupying
someone else's designated spot, and no permit was required, the
towing company could not tow them under this law.
Speaker 16 (01:25:58):
Well, it could be that the but he was sparked
and is reserved only for visitors. I've been to plenty
of those communities.
Speaker 1 (01:26:04):
Well that's that. Even if it was considered an abandoned
that's can said. Now, now they mean a sign to
someone else, I don't think they mean a sign to
visitors in general or mankind. I'm reading the law now,
it's twenty eight pages. It will be a while. Now,
if your vehicle was towed under these conditions, you might
have grounds to contest it. You can file with the PUC.
(01:26:28):
Now listen, I really believe. I truly believe that this
guy was screwed. I really do. And Okay, I'm going
to ask this. If I racked up a twenty three
hundred dollars tow and storage bill, do they have to
(01:26:52):
do they they have to release my car. I'm going
to ask that. By the way, I'm asking my boyfriend,
and it used to be my girlfriend. But then they
change to a male voice. I can't get it back
to a female voice. So I'm still confused a little bit.
Speaker 4 (01:27:08):
Boy This time he left his car there for it
could be a month with plates that expired by nearly
a year at the best case.
Speaker 1 (01:27:16):
Doesn't matter. Doesn't hey take it up with the take
it up with the lawmakers. Bro Under this law, that's
not grounds to tow a car. Wow, Okay, it's not
under this law. It's not unless he was blocking traffic
or in someone else's space. Under Colorado's it it goes
(01:27:36):
here effective August twenty. I said, if your vehicle was
told that, blah blah blah. Okay, here's what it says.
You can recover your vehicle by paying fifteen percent of
the total fees or sixty dollars whichever is less. Get
this guy back on the phone. This guy, this guy
can pay sixty dollars and get his car back. No,
(01:28:00):
he's gonna have to sign a financing It doesn't say
that here. It doesn't say that. I mean, maybe it does.
I'm not reading the law. I'm reading, you know, chat
my boyfriend. Let me let me just put this. Will
I have to sign a finance agreement for the balance? Okay,
(01:28:22):
let's see what this is. By the way, No, under
the Colorado Towing Bill of Rights, the finance agreement to
get your car back for a minimum deposit. But then
everybody's just gonna pay sixty Why that's our law. Take
it up with your progressive legislature. I think they have
(01:28:43):
a heart in this case. Fifteen percent of total fees
or sixty dollars, whichever is least. Listen to Dimitri, you
ought to call Elite for this. I'm going we ought
to do it like immediately get him back on the phone.
Speaker 16 (01:28:56):
I want to tell him to see this contact information
so I can get his license plate.
Speaker 1 (01:29:00):
Come on, get off the mimosas, Kelly, get on this
damn thing. Come on, I got it. I just got
a text. All right, thank you, Tom, Kelly, than Kelly.
I love my listeners. Okay, I love them, except for
the YouTube morons. Now, my camera's down for a minute.
I'm gonna get it back up here in a minute.
I don't know what's going on. All of a sudden,
(01:29:21):
my obs studio says, I'm ugly and they can't show me.
Speaker 10 (01:29:25):
You didn't anything.
Speaker 1 (01:29:26):
Well, actually I did. I don't know what's going on shows.
I just don't know what's happening. I just don't know
what's happening. My camera's out, but I will I will
work on it. Here's what I want to say, though,
I don't understand why towing companies would do stuff that
(01:29:47):
they know is wrong. Right, So I don't I don't.
I don't get it. Why would they do something that
they know is wrong? Can anyone tell me this? So
I want to know it's not because I think it. Well, okay,
(01:30:10):
I'm just saying that I think it Okay, I just
think is wrong. I'm going to go find this damn
camera though, and I'm going to add it because I
think I am like I, I just can't believe my
camera just took her crap and it won't it will
not do anything. And you know what really helps when
cameras do that. Cameras do that memosas memosas. Yeah, I
(01:30:34):
don't know what's going on with me right now, but
everything seems to be going to anyway. So here here's
the thing. If you if you we got to call
this toe company because what I'm seeing, they're breaking the law.
It says you only have to pay sixty dollars. Think
(01:30:55):
about that dragon, And as Dimitri said, if they can't
make you finance it and all you have to pay
is sixty dollars to retrieve your car, to prevent everyone,
you have to set up some kind of payment plan
for them. Yeah, no, you absolutely do not under this law.
Now here's what I think. Hold on, here's what I
(01:31:16):
think would happen. The law doesn't address it. But if
the toe company claims you owe twenty three hundred dollars,
they have to release your car for sixty That doesn't
mean that they can't come after you for what they
feel is a bill of twenty to forty right, so
(01:31:42):
they can probably pursue it as a collection, but they
can't keep your car, damn it. You know what, I
think it's a good law. I think it's a good law. Now.
I know Mark was on here to be calling me
a liberal creep and progressive and all, but it has
nothing to do with libertate conservative. It's like, people need
their car, for God's sakes. It's not like this guy
(01:32:04):
did a capital offense. He left his car with a
expired plate in an unassigned parking spot. Does he deserve
capital punishment for that? And and you know, whether you
guys like it or not, all of you morons on
YouTube saying all these stupid you just can't park in
(01:32:25):
the line without moving it, Well, guess what, According to
the law, you can as long as you're not taking
someone else's spot, someone else assigned to someone not mankind
in general. Okay, that it's an assigned spot anyway. That's
just the way it is. Three oh three seven one,
(01:32:47):
three eight two five five is our number if you
want to give us a call. And that's just the
way it is. The law is for the common man.
By the way, renew home innovations will do the most beauty.
A full shower conversion with stone walls, Yeah yeah, or
there their stone resin and they look just like stone.
No maintenance, no threshold to stumble over. It's great for
(01:33:10):
you when you get older, or for anyone. Glass panels
that are beautiful, no fog panels, the whole thing. Man
they do in two or three days, with seventy two
months to pay, no interest in these days. You try
to get that anywhere three O three nine zero four
to two thousand. Tell them Martino told you. Call three
O three nine zero four two thousand. Go with a
(01:33:35):
sure thing Denver's 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. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three all three seven to seven
to one help. You'll think you're his only customer when
(01:33:56):
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi, Tom Martino, all
of my peeps will be happy to know that my
pretty face is back up and running on the uh
(01:34:17):
whatever on the stream here. So people, Dan McKenzie specifically,
I think I can switch to you without crapping up here.
Let me just make sure I can, because I'm afraid
of this thing now. The switcher was like, anyway, Dan mackenzie,
I do you have some text here? Seriously, Tom, you
were talking about investment accounts. I noticed, Oh, this is
(01:34:39):
a guy that met with my guy Pat from Wave
eight Wealth Management. He said, I noticed there's a place
for a beneficiary on every investment account. Do I need that?
If I have a will? What good is it? What
do you advise as an attorney? He's not asking me that,
he's asking Dan McKenzie said, Dan, when I sign up
people for investment accounts, Yeah, there's a place for beneficiary.
(01:35:02):
Now technically, if you have a beneficiary there, does that
negate the will's beneficiary for that? I mean, how does
it work? Tell me about it?
Speaker 6 (01:35:10):
Those are followed before the will. So if you, oh, really,
you have an account that says this account goes to
Tom on my death and my will says, everything goes
to Dmitri on my death, You're going to get that
account and then Dmitri is going to get what's left.
Speaker 1 (01:35:22):
So wait a minute, so benefit this is really important
news people. Beneficiary designations on everything come before the will
and probate and the estate. Yeah, did everyone know that?
Speaker 9 (01:35:35):
No?
Speaker 1 (01:35:35):
No, no, I'm serious. I'm serious, guys, honest to goodness, No,
smart ass YouTubers, I'm asking you, did you know this?
Did you know this out there listening in your car
or in the gym, that every beneficiary designation supersede your will?
Now I got to actually, I got to actually make
a note of this because I've learned something. So if
(01:35:58):
you have a will, if you have a trust, so
what if you have that? So what should they do?
Leave it blank? Or should they say refer to the will.
Speaker 6 (01:36:07):
Or got to be aware of this and coordinate correctly,
because maybe you wanted to go through the will, maybe
you want that account to go through the will, but
if you put a beneficiary on it, it's not going
to do that.
Speaker 1 (01:36:16):
They're going to follow the instructions you gave them. The
secret said he knew it. Hmm. Anyway, Oh, now I'm
being told my camera's taking another it's on mid fade.
See you know what it is. I have a bad
switcher here. I'm doing away with this damn switcher. I
think it's Dan. You know what, when Vinkenzie wasn't on camera,
(01:36:37):
it never happened. It's when his face came on everything
broke down. Wait, wait a minute, that's the only thing
we did differently Dimitri. When his face was on here,
all hell broke. Look. Plus he brought pizza. Yeah, so listen,
let's talk. Yeah, I see my face there. Yeah, this
this is really a bad switcher people. Now it went Now,
(01:36:57):
I got it. Okay, So I want to tell talk
about doing estates the right way. Then, if you want
everything to be according to your will or trust, you
should not designate beneficiaries on your pods, payable on death
certificates for your bank accounts, or your beneficiary information for
(01:37:19):
your investment case.
Speaker 6 (01:37:20):
I've advised people to pull beneficiaries off because they want
the will to control. I've advised them to put it
on because like, yeah, yeah, that says I totally disinherit Tom.
And then I got a life insurance policy out there
that has you as a beneficiary and you're gonna.
Speaker 1 (01:37:33):
Get more money than anyone else. So it's just you
just got to be aware of it. You got to coordinate.
You got a coordinator. Do you do that when somebody
comes out? Do you ask about beneficiary designations? Okay? Through everything? Yeah,
because I I do have some conflicts actually thinking right now,
I do. Uh huh, yeah, that's the problem. I mean.
Speaker 6 (01:37:51):
So that's the benefit of a trust is you put
everything in the trust and then changes going forward you
make them to the trust agreement. It's just one centralized place.
If you're using designated beneficiary is remember those attached to every.
Speaker 1 (01:38:01):
If I can prove what if somebody proves that the
will or the trust came after the beneficiary, doesn't matter.
I don't know, people, I really, I really have learned
something by that that that's incredible to me and something
else incredible and dragon don't faint. I'm gonna take a
break on time three O three seven one three eight
(01:38:23):
two five five go with a sure thing Denver's 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. In comparison, call Compass insurance paying too much
(01:38:45):
your coverage at dozens of insurance companies. Find out now
three O three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty you but hi, Tom Martino here three or oh
three seven one three talk three oh three seven one
(01:39:07):
three eight two five five. Celia's on the phone. Now, Celia,
what can we do for you?
Speaker 17 (01:39:15):
Question?
Speaker 2 (01:39:16):
Yeah, I got to sell.
Speaker 9 (01:39:18):
It's a serving district court and I'm eighty eight years old.
Speaker 11 (01:39:22):
What's the cutoff day on the age on this?
Speaker 1 (01:39:26):
Is that for jury duty? Dear?
Speaker 9 (01:39:28):
Yeah?
Speaker 1 (01:39:29):
For jury duty? Okay, Well, I don't believe. Do you know,
Dan mackenzie, if there's a cutoff date on age for
jury duty? I think if you're alive and registered, if
you're registered vote, I don't think so. Yeah, No, they're
going to ask you.
Speaker 5 (01:39:43):
Now.
Speaker 1 (01:39:43):
That doesn't mean you can't get out of it. You
could probably call them and and explain it to them.
I mean, is there a number for you to call?
Speaker 18 (01:39:54):
Yeah, but it's really a reporting number of some sort.
Speaker 9 (01:39:57):
But I can try.
Speaker 1 (01:39:59):
Now, here's what what happens? You call and they say
they do give the numbers, So there's a very very
good chance that your number won't be called. In other words,
they if you listen carefully to the message, it'll say
number numbers one hundred to two hundred excuse, or number
three forty to eight. You know they Have you ever
(01:40:20):
called the number and listened? Have you ever called that
number to listen?
Speaker 11 (01:40:27):
But I had to go online and set out a form.
Speaker 1 (01:40:32):
Okay, they probably if you give them your day to
birth and all that, they probably won't make you commit. Well,
when did you do that yesterday? Okay, so you'll hear something.
When is the do date? When do you have to appear?
Speaker 12 (01:40:46):
It's for next month?
Speaker 1 (01:40:48):
Okay. I think you're going to hear something, but we'd
be happy to help you if you don't. Okay, right now,
I would give it a few days. Hey, Kachina, would
you take her number? Can you put a tickler on
the calendar. Let's call her back next week and see
if she heard. Can we do that? Or I'll tell
you what. Let me give it to somebody to do.
(01:41:10):
Hold on, is hey bo are you there? Or is
a Dollar. One of you guys in this Shopper and Dollar,
let me get that one too, Tom, Yeah, Chopper, would
you make a note on your on your calendar or
something to call her. Let's call her next week and
in a week looks like on Wednesday, and let's see
if she's heard anything. If not, we can call as
(01:41:33):
an interested party our friend Celia. Are you unable to
make it?
Speaker 18 (01:41:41):
It would be difficult if I could.
Speaker 1 (01:41:42):
If I had to, Yeah, I mean, I just thought
it might be interesting to get out and do it.
But if you don't want to, I mean I can
see that. Are you in good health?
Speaker 11 (01:41:53):
Well I have to use a walker if I'm out about.
Speaker 1 (01:41:57):
Yeah, I'll know her out. Tom, Yeah, give her something
so you hang on, okay, and we'll we'll take care
of you. Okay. Three oh three seven one three eight
two five five. Let me go back to Dan Mackenzie
and I have another text here speaking more about beneficiaries.
(01:42:18):
They want to know. Oh, this is not about a beneficiary.
This is something they're calling at caud of Seal. What
is that? That's an amendment to a will? Okay, you
once told me I believe you would rather just rewrite
it than do an amendment correct.
Speaker 6 (01:42:34):
Why uh, you know, they the amendments, they just they
get missed and they're hard to keep track of. It's like,
you know, you do one amendments says paragraph seven gets
change of this, and you get another amendment that says,
now paragraph five gets change of this, and then.
Speaker 1 (01:42:48):
Yeah, yeah, yes.
Speaker 6 (01:42:49):
It's like when you're trying to interpret it afterwards, you
miss them. It's hard to figure out what got changed.
Speaker 1 (01:42:54):
It's almost easier to just rewrite it. Just rewrite it.
Speaker 9 (01:42:57):
You know.
Speaker 6 (01:42:57):
This is we're not using typewriters. We don't have to
retype the whole thing. We just do it in a
word process. I've just split the whole thing out again.
You know that those kinds of things were really for
back in the day when you had to retype, you know,
a whole fifty page.
Speaker 10 (01:43:08):
Now, some.
Speaker 1 (01:43:10):
Attorneys utilize paralegals and other people to keep the price
down and then they give it the blessing, so they
have differently hourly rates doing estate planning. Attorneys do that.
Speaker 6 (01:43:19):
We do because, frankly, our area of law is one
that is pretty amendmental to having people who have knowledge
but not necessarily law degrees.
Speaker 1 (01:43:27):
I mean the lawyer has to be involved. No, of
course you have to bless it. But you can, like
you can have good people that do research and do
different things, and.
Speaker 6 (01:43:36):
You know a lot of I mean, you know, we
do use paralegals, and some people feel like, you know,
having the lawyer do everything is better. I respect that position,
but it's like, look, you know what it'll cost. It's
going to cost you war. You want me to be
printing and organizing and doing all that stuff. I don't
think that's a good use of your money.
Speaker 1 (01:43:52):
Okay. And as far as this one said, I referred
to an ll see. I'm not going to read it,
but I know what he's talking about as a poor
man's trust. Now, I'm not saying that you recommend don't
do a trust, right, but there certainly are ways that
an LLC can take its place. There really are. Oh yeah,
(01:44:15):
we if we use LcA's for estate planning to and
what would be a good example of like maybe a business.
Speaker 6 (01:44:21):
It's it's where you want, it's really good where Yeah,
a business, of course, but like any any property where
the family wants to be involved. Kind of equally, I mean,
the problem with a trust is it puts one person
in charge.
Speaker 1 (01:44:33):
Right, So you know that trustee might want to say
you can make an LLC someone in control. You can, yes,
and there would be.
Speaker 6 (01:44:40):
But then you within the LLC operating agreement you can say,
but it's only the property is only being sold if
a majority of these people agree on it.
Speaker 1 (01:44:47):
Wells ways, so it's more like a business. I think
in some ways it's probably simpler to interpret and enforce
an LLC. No, yes, yes, it probably, it probably could be.
Speaker 6 (01:45:00):
But I'm really talking about, like Elsie's just give multiple
people a way to be involved in a way the
trust don't.
Speaker 1 (01:45:05):
And sometimes you want like, well a trust does have
even though they have a trustee, they do have errors, right,
But in the end, let's say the errors are saying
we want to hold onto this the trustee happened, and
the trustee is like, no, they the trustee has ultimate powers.
The trustee is there to make decisions. Okayficiar, they take
your place. Basically, yeah, what.
Speaker 6 (01:45:26):
The beneficiaries think is not always what's best for them
forras something, so they might want to keep that property.
Speaker 1 (01:45:31):
Trust He's like, I know, you guys can't maintain this,
Like with the farmer who's got more, come and right
up go with a sure thing Denver's Best roofer Excel
Roofing dot com. You don't pay a cent until you're
contenth time for an insurance checkup free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
(01:45:53):
of insurance companies find out now three oh three, seven
to seven to one help. You'll think you're his only
customer when you choose Frank Durant, the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Yea ripped.
Speaker 4 (01:46:14):
News need advice?
Speaker 1 (01:46:16):
Who you don't have?
Speaker 7 (01:46:19):
Come running just as nass as we can.
Speaker 1 (01:46:23):
Shooter's gonna help coming man. This is the Troubleshooter Show.
Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three oh three seven one three talk three oh three
seven one three eight two five five. Welcome and what
is on your mind? Let's go to the phones. George
(01:46:48):
is calling me with a problem. You can call it anytime.
Three oh three Martino three oh three six two seven
eighty four sixty six. You can call by the way
anywhere you want like. You can call it at any time,
I should say, leave your number and we will get
back to you, so you can be on twenty four
to seven. That's three oh three Martino three h three
sixty two seven eight four sixty six. This hour brought
(01:47:11):
to you by Genesis Total Exteriors. Remember they're doing doors
two for one, changing out interior doors to upgrade your home.
They're wonderful people. Genesis tootal Exteriors dot com. They're also
doing balluster upgrades and railing upgrades from wood to metal,
beautiful metal. That's Genesis Tootalexteriors dot com. So Dimitri, you
(01:47:33):
have a follow up? What do you have going on? Bro?
Speaker 16 (01:47:36):
Oh well, a few minutes ago we spoke with a
gentleman named Ryan whose car got towed away and oh.
Speaker 1 (01:47:42):
My god, that was oh oh oh. Let me tell
people Ryan, is it Rayn or Ryan? I called him Bryan, okay,
but it's spelled Rayan. He says that his car was
towed from the town home parking lot. It was in
a unassigned spot for a month or more with expired plates.
The toe company wants the towing company says, he owes
(01:48:06):
twenty three hundred dollars.
Speaker 16 (01:48:10):
So what's going on with that, Well, I got a
call back from a very well informed manager at Elite.
Speaker 1 (01:48:15):
His named the gentleman's name is Jacob.
Speaker 16 (01:48:18):
He said that they actually towed the car away in
October nineteenth and holy.
Speaker 1 (01:48:23):
Crap, yeah, October nineteen. It was gone for a month,
a month and a half, yeah, and more than a.
Speaker 16 (01:48:31):
Month two months, yeah, months, well, a month and a half.
I think we're on the fine first day or something
like that.
Speaker 1 (01:48:37):
And the toe was.
Speaker 16 (01:48:38):
Ordered, so obviously they're heavily regulated nowadays, so they have
perfect records of this. The toe was ordered by a
member of the board of the HOA who did a
couple of things, which is, provided photos of the car
and provided a notice, provided a notice on the windshield
of the car, and that's also reflected in the in
(01:48:58):
the photos post. Yes, so it sounds like they complied. Now,
we did discuss what happens and he said that, and
this was a surprise to me. The state requires them
to dispose of the vehicle within sixty days, so it's
been forty five now, so it's going to go to
auction if the caller doesn't come in and retrieve the.
Speaker 1 (01:49:18):
Car sixty dollars. Well, the laws.
Speaker 16 (01:49:21):
That's only in the first thirty days, according to the
gentleman of the laite.
Speaker 1 (01:49:27):
However, there is good news.
Speaker 16 (01:49:30):
So it is true that the car is racked up
approximately twenty four hundred dollars in storage and to fees
right now. But Elite is willing to release the car
for one thousand bucks. And if Ryan doesn't have a
thousand bucks burning a hole in his pocket, they're willing
to negotiate some kind of a time, some kind of
a contract for.
Speaker 1 (01:49:49):
The trim to pay over time. That's sixty bucks or
the depot or the rack, whichever is least.
Speaker 16 (01:49:56):
That is only in the first thirty days. Right in
the first thirty days. After that, they have to start
getting the car ready to go to auction. They're not
even allowed to keep it six for more than sixty days.
So look, they told the car away October nineteenth. This
guy pulls a root fan winkle and discovers just a
(01:50:17):
couple of days ago that the car is gone. So
I can absolutely see how it racked up so much money.
I think a lade is going out of their way
by offering to release it for one thousand.
Speaker 1 (01:50:27):
But did he say anything. If he did, it had
he done it in the first thirty days. What he
would have done with the balance, No, because that wasn't
an issue.
Speaker 16 (01:50:38):
He just he's required to release it for either fifteen
percent or sixty dollars, whichever is less, within thirty days.
Speaker 1 (01:50:45):
Within the first thirty days, okay or fifteen percent? Okay?
What else did you find out? Anything?
Speaker 9 (01:50:51):
Now?
Speaker 1 (01:50:52):
I think that's all the important stuff. But the guy's
willing to negotiate. Well, he already offered to Yeah, he
said that he'll release it for a thousand You call back,
Rayan was he to do? I haven't called him yet.
Let's let him know. I'm going to some This is
amazing stuff, man, Okay, you know what. I love this
(01:51:12):
show people. I was talking to somebody the other day
and I said, it's not that I'm smart, It's that
I've heard everything and I retrieve stuff. There's a difference
between knowing and retrieving, right, Well, you know when you
retrieve because it's in your mind somewhere. But and I'm
(01:51:33):
not saying I'm not smart. I'm just saying that I
think anyone who sits for forty five years doing the
show and talking to people every day, you just got
I mean you just have to eventually absorb stuff, right
and know stuff. Now, George, what's happening with you? Man? Yes, sir,
(01:51:57):
it is what's going on with you?
Speaker 9 (01:52:01):
Yes?
Speaker 10 (01:52:02):
I purchased a gun from the shooters Tarren Inglewood, the
established business, and I didn't take possession of it, even
though on the twenty ninth, so I was in November.
I went a hit and pre paid for it, so
I want to hit. And I didn't do a background
check and no serial number was assigned for the weapon.
Speaker 1 (01:52:23):
They gave me a receipt for I went, now, hold on, wait,
so you pre purchase, you pay for it, they do
the background check, right.
Speaker 10 (01:52:31):
No, they did not do the background check.
Speaker 1 (01:52:33):
But are they going to do it? I mean that
was the intent, right.
Speaker 15 (01:52:38):
That's why I went back, Yes, okay, so go ahead,
all right? So I asked to see the weapon.
Speaker 1 (01:52:46):
And how much did you pay? How much did you pay?
Speaker 10 (01:52:50):
We're talking at nine hundred and fifty dollars before tanks.
Speaker 1 (01:52:54):
But you really didn't buy it. What you did was
you put a deposit on it. You can't buy it
until you can't buy it until after the background check.
So the way some shops do, they take a deposit or,
they take payment and full and then they do the check.
The controversy comes if you don't pass the check. Some
(01:53:16):
of these idiots think they can keep your money.
Speaker 15 (01:53:18):
And they can't, but they think that, Well, I think
that's what they were.
Speaker 10 (01:53:21):
Trying to do.
Speaker 1 (01:53:22):
Yeah, well is that what's going on with you? So
what happened? You paid? You paid them some money.
Speaker 10 (01:53:27):
What happened then the whole price on a deff card
And I told him no, no, no, that's not the weapon.
I'll go ahead. I want a new one. He said,
well take some Wait.
Speaker 1 (01:53:36):
Wait, wait, wait, hold on, George, George, I missed that part.
This gun that you bought, This gun that you bought,
did you pick it out of a catalog or out
of the case.
Speaker 10 (01:53:46):
It was a glass case on display, okay, center in
the room, no sign saying use weapons and no sign
indicating no tag on the weapon itself saying it was
a used weapon that I was buying.
Speaker 1 (01:54:00):
Case you you did not know? Hold on, did you
take it out and handle it and look at it?
Speaker 10 (01:54:06):
She was the one that they had in the case. Yes,
I loved it.
Speaker 1 (01:54:09):
And you didn't think you were buying that one? No,
you thought they were hold on, George, did you think
they were ordering it?
Speaker 10 (01:54:21):
I did, and you thought the back.
Speaker 1 (01:54:23):
And you thought that was okay. So you thought that
was just the display model and you were going to
get a new one from the back or they were
going to order it, and.
Speaker 10 (01:54:34):
You are, yes, that's exactly okay.
Speaker 1 (01:54:35):
So then what happened? Then? Then keep going what happened? Then?
All right?
Speaker 10 (01:54:40):
I could not do the background check at that time.
I went ahead and told them.
Speaker 1 (01:54:45):
I'll be why can't Why couldn't you do it? I'm
just curious why you couldn't.
Speaker 10 (01:54:48):
Do it at the at that time because the sales presentation,
uh took a real long and my wife was waiting
in the car, and I figured after about an hour
and a half, you had a no, So I'm not
going to take another hour to do the background.
Speaker 1 (01:55:01):
Check, all right, So you left and came So you
came back and said I'm ready for my background correctly,
and he did the background and then he said here's.
Speaker 10 (01:55:12):
Your gun, and you said, huh, no, I asked to
see the weapon before I did the background check.
Speaker 1 (01:55:17):
So you said, okay, I'm here to do my background check,
but I want to see the weapon. Because you were
expecting him. You were expecting him to take a weapon
from a box that he had ordered for you or
got from the back room, and instead he went back
over to that glass case and took that one out.
Speaker 10 (01:55:35):
That's yeah, pretty much.
Speaker 1 (01:55:37):
And then he said, here's your weapon, And you said,
but wait a minute, I thought I was getting a
new one, correct, right, that one that he showed you
in the glass case? What was not new about it?
Speaker 10 (01:55:51):
It had been used. You could tell. He was quite
evident it had been used. Plus it was wrapped in
a gun carry cost case.
Speaker 1 (01:55:59):
When he open that up, did he say it hold on, now,
I'm not asking if you agree or not. Did he
say it was used?
Speaker 10 (01:56:09):
That's not what therefore I pay not? When I went
back to it, yes, he said it was used. Okay, No,
that's not what you said.
Speaker 1 (01:56:18):
So did you say, let's just undo the whole thing exactly?
And what did he say?
Speaker 10 (01:56:25):
There'll be.
Speaker 1 (01:56:28):
Towards okay? And he called it a restocking fee, right, restocking?
There was no restocking fee.
Speaker 10 (01:56:35):
You never took it, that's correct. That's what I told him.
I never took it.
Speaker 1 (01:56:40):
Now, to his defense, to his defense, you did see
the gun before you bought it. You didn't know it was.
What made you think that that was just a display
model and that was not the gun you were buying?
What made you think that?
Speaker 10 (01:56:59):
I'm sorry, repeat that there.
Speaker 1 (01:57:01):
Yeah, so you went in there and he showed you
the gun and said here it is. Did he say
I'll have to go order it or I have one
in the bag? Where did you say, where's mine? When
can I expect it? What made you think that that
gun was not the one you were going to get? Oh?
Speaker 10 (01:57:20):
Okay, because when before we started, before paid for it,
I said I'll get in the case and I'll get
the two magazines to come with it, and all these
fructions said yes, he.
Speaker 1 (01:57:31):
Said that was that on your receipt? What was on
your receipt?
Speaker 10 (01:57:35):
On the receipt all the shows just that particular model.
And the price okay, quantity one miscellaneous and the price okay, all.
Speaker 1 (01:57:44):
Right, Tom, price of the gun different than what a
new one would be. That he should have recognized that.
Speaker 10 (01:57:56):
I can get it on I can get a new
one online for just dollars different.
Speaker 1 (01:58:01):
How much does he want? How much does he want
for a new one?
Speaker 10 (01:58:06):
Yeah? Oh, for one? He said it would be at
least two three.
Speaker 1 (01:58:11):
Hundred dollars more, and online you can get it for
only thirty dollars more.
Speaker 10 (01:58:17):
Exactly. So I'm looking at it right now.
Speaker 1 (01:58:20):
I'm looking at But he offered to sell you a
new one if you want to pay.
Speaker 10 (01:58:23):
More for two three? Uh yeah, considerably more, somewhere around
two three.
Speaker 1 (01:58:31):
This is a dilemma. One's going to make the argument.
Hold on, the argument can be made. He you know,
you got to prove that he said, yeah, this is
a display, you're going to get a new one, or
that you're going to get a new one. I did.
Let me ask you, this is really important. You asked
about the case and everything. Does he have all the
(01:58:51):
two magazines and the case for that one, even though
it's used, does not? Did you say to him, well,
you told me I was going to get two magazines
in the case. Did you say that to him?
Speaker 10 (01:59:02):
No, this was a manager I dealt with when I
went back, when I first made the sale the purchase,
I talked to the salesperson and he is the one
that I expressed I want the case.
Speaker 1 (01:59:14):
Okay, did the salesperson stick up? Hold on? Man, did
you talk to the salesperson or ask the boss to
talk to the salesman.
Speaker 10 (01:59:23):
No, he wasn't there.
Speaker 1 (01:59:24):
Did he say he would check with him? Did he
say anything? Did you talk to.
Speaker 10 (01:59:28):
No, the person I talked to the manager. When I
went back to finish, I went in different. He could
chill less.
Speaker 1 (01:59:34):
Yeah, that's how here it is. I hate to say this,
but honest to God, there's something about gunshop owners. They
I swear to you, there's something about them that they
don't care. I mean, I mean I've never seen it.
I mean no, no, I mean they're arrogant and weird.
I don't everyone I've dealt with. Maybe I'll find one
(01:59:57):
that's not, But so far, everyone I've dealt with has
been arrogant and weird. In fact, didn't we call on
a problem? They hung up on you. Didn't we call
on a gun problem? No, I've never I thought you did. Okay,
So I don't know, George Arden. So the most it's
going to cost you if you gave in is twenty
(02:00:17):
percent fifteen or fifteen percent? Yes, so over one hundred
bucks just because and you're and he refuses to even
acknowledge that you are not buying that gun. I just
don't think either of you have a strong case. Is
(02:00:39):
what I'm saying, I don't think you have anything that
proves he was going to order a new gun. I
really don't. I don't think you do. I mean you don't,
and he doesn't have anything to prove you were going
to get that one. But by default I would say
you were going to get that one because the receipts
(02:01:00):
had one gun and that mod. Did he put a
did he put a serial number down or did they
have a serial number?
Speaker 16 (02:01:06):
They don't do that before the background check because they're
not allowed to sell you the gun. So what they
do is they technically sell you a gift card or
a store credit, which they'll then apply to the purchase
once your background check is approved and your waiting period
is over.
Speaker 1 (02:01:21):
But if your background check doesn't go through, you get
your money back.
Speaker 16 (02:01:24):
Well, A lot of gun shops charge what they call
a restocking fee of fifteen twenty percent if you don't pass,
if you don't pass yet, which is a crummy policy,
it's diffinitely dirty policy. But that's not the case with
this caller. He handled the actual gun that they tried
to deliver to him. Now, I think his assumption and
(02:01:46):
correct me if I'm wrong. George, your assumption was that
you handled like a display model and then you're gonna
buy and they're gonna actually deliver a brand new one.
Speaker 1 (02:01:53):
But I don't know why he thought that, because he
said he said, am I going to get the two magazines?
Am I gonna get this? Am I gonna get that?
And he said, yeah, okay, So worst case scenarios the
guy throws in two cases to two magazines in a cave.
But what I need to know is this is that gun.
Did you say, well, wait a minute, this one's used,
I don't want this one, or anything like that before
(02:02:17):
or did you just automatically assume he was ordering.
Speaker 10 (02:02:21):
One No, when we were talking to the showcases, that
I'm going to get a new one, right with the
case with the instructions.
Speaker 1 (02:02:29):
You specifically said, I'm going to get a new one,
right I did. Will that guy that wided on you
admit that.
Speaker 10 (02:02:41):
I don't know?
Speaker 1 (02:02:43):
I didn't, George, It's not going to be black and white, man,
It's not.
Speaker 10 (02:02:48):
Now, that's what I was not.
Speaker 1 (02:02:51):
Here's what I would do if I were you. I
would do it, unless you have to sign a release.
I would do it. Have him retain that money and
go after it. But to go after in small claims
course fifty bucks or just leave everything where it is
and go after the nine to fifty. But it's going
to cost you fifty bucks for small claims court. If
(02:03:12):
you get that back, if you win, you get back
your filing fee. Are you sure that I had that
happen in a case I won this past spring. I
didn't know that they added that, so I sued for
the limit, the jurisdictional limit.
Speaker 16 (02:03:23):
I got that award for seventy five hundred, and they
added all my service, mailing, filing fee, everything. It came
to another three hundred bucks on top of the seventy
five hundred. I didn't know that Adams County.
Speaker 1 (02:03:36):
So, George, you may want to try that, but we
don't have anything to go after this store. We just
don't have anything. Your receipt says exactly what he's willing
to give you. I have to take this break. I'm
Tom Martine Moore coming up. Go with a sure thing
Denver's Best roofer excel roofing dot com. You don't pay
(02:03:58):
a cent until you're content wait on top of it,
time for an insurance check up free, no obligation. In
comparison 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 think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
(02:04:21):
all three nine two zero sixteen twenty two. Hi Tom Martino,
you're a troubleshooter. Three O three seven one three talks
seven one three eight two five five. Okay, let me
go to the phones here. I got a lot of
people calling here, so George. Wait, did I just talk
(02:04:41):
to George with a gun issue? Okay, that's what we said,
Small claims Court yours. I don't know what else to
tell you.
Speaker 10 (02:04:46):
Bro.
Speaker 1 (02:04:47):
Now I'm gonna go to Heidi. Who's next, Heidi? Go ahead?
What's going on with you? Heidi?
Speaker 18 (02:04:53):
I com II. My family's always been a fan of
yours for years and years and years.
Speaker 1 (02:04:58):
Thank you.
Speaker 10 (02:04:59):
It's tough what's going on under these centers?
Speaker 9 (02:05:02):
Well, I know you're probably gonna.
Speaker 18 (02:05:04):
Get frustrated with me.
Speaker 9 (02:05:05):
To bear with me, all right, I had Okay, let
me just start.
Speaker 18 (02:05:11):
For telling you that I'm by myself very vulnerable. Both
of my parents died at the same time, and around that.
Speaker 9 (02:05:17):
Time, I was a mess, right, blah blah blah. That's
a whole nother thing that I want you to listen
to maybe one day.
Speaker 18 (02:05:24):
Can Anyway, I had filed. I didn't have any money.
I was living in motels well.
Speaker 9 (02:05:30):
And I know my dad had, and I know my
dad had.
Speaker 18 (02:05:34):
Money that I should have received, but I never did.
Speaker 9 (02:05:37):
There's so much into that.
Speaker 5 (02:05:39):
But the one that I wanted that I'm calling about
today is I had applied for a loan at online
you know those apps or those advertisements.
Speaker 4 (02:05:51):
What did you?
Speaker 1 (02:05:51):
Did you apply for a personal loan or some kind
of mortgage for a house? Just a personal loan?
Speaker 9 (02:05:57):
No? No, yeah, just like a just like a fast
cast type.
Speaker 18 (02:06:03):
Like if you need money right now and you're an emergency.
I was like, whoa crap, Yeah, I'm an emergency. I'm
all by myself in a motel in a creepy neighborhood.
I'm scared to death. Man, I lost my parents, my
kids are all out of state. My two children are
growing on their own that they think I'm nuts anyway,
since my parents died, so I'm like, oh, crap, I
need to help help me. So I applied for one
(02:06:24):
of those lending Tree things.
Speaker 1 (02:06:26):
Wait ho ho ho ho ho ho. Wait wait wait
wait lending Tree was that the actual place you went?
Lending Tree on the line. Yes, they don't do they
don't do person lending Tree does not do personal loans.
Speaker 18 (02:06:43):
They're the middle guy, right, No.
Speaker 1 (02:06:44):
They don't do anything. They do not do personal loans.
Speaker 5 (02:06:48):
Well, they ripped me off.
Speaker 1 (02:06:50):
Okay, okay, hold on, just hiding. Hold on, Heidi, Heidi,
let's slow down. I need to know who you actually
dealt with. I need to know the way site.
Speaker 12 (02:07:01):
Okay.
Speaker 18 (02:07:02):
The website is.
Speaker 5 (02:07:06):
Lending Tree, uh, since ninety five at gmail dot com.
Speaker 1 (02:07:15):
Oh okay, hold on, hold on, hold on. Did you
actually go to a website to apply or did you
do this by email?
Speaker 18 (02:07:24):
I did it on a website.
Speaker 1 (02:07:26):
What is the website? If I want to go look
at it?
Speaker 15 (02:07:29):
What is it?
Speaker 9 (02:07:31):
Gets true?
Speaker 1 (02:07:32):
Just tell me, Heidi, lending World dot com. Okay, then
it's not lending Tree. Can we agree on that? Thank you?
Speaker 7 (02:07:41):
But it's both of them.
Speaker 1 (02:07:44):
It is no, it is no, it isn't. No, it isn't.
They're lying to you. It's not lending Tree. Okay. So
Lendingworld dot com. So what happened at Lendingworld dot com?
They have?
Speaker 9 (02:07:57):
They have?
Speaker 1 (02:07:58):
Uh? First of all, I can't even find a lending
World dot com. It's a you are all that's not taken.
So who I need to know? The actual website you
went to.
Speaker 18 (02:08:11):
The actual website I went to was.
Speaker 9 (02:08:16):
Uhlen uh.
Speaker 18 (02:08:21):
Lending lending. The actual website is www. Bard Flash dot
lending World. The website is what it says.
Speaker 1 (02:08:38):
Wait and lending hold on hold, just wait, Lendingworld dot
website dot does exist. Okay, yeah, I'm there now I
see it. Okay, now I'm here, And so this is
where What did you do after you came to this site?
Speaker 18 (02:08:56):
I went ahead and submitted my information, my social and
all that for the lad Then what.
Speaker 10 (02:09:04):
I got an.
Speaker 18 (02:09:04):
Email and stating that thank you for your interest.
Speaker 1 (02:09:08):
In And that was the email that said lending World right. Yes,
Oh no, I said lending Tree. I'm sorry, said lending
Tree or something.
Speaker 18 (02:09:21):
Yeah. Okay, So I went to lending World dot com
and I applied.
Speaker 1 (02:09:25):
I went to Lendingworld dot website and you applied, yes, sir?
And then what happened? Did they ask for money upfront?
Speaker 10 (02:09:36):
Yes?
Speaker 1 (02:09:36):
How much?
Speaker 18 (02:09:38):
Six hundred.
Speaker 1 (02:09:39):
Where did you get six hundred? If you were out
of money?
Speaker 18 (02:09:43):
I borrowed from my friend. I was supported you to
borrow some money from my friend. Little by the way,
I told him.
Speaker 10 (02:09:49):
What's how much?
Speaker 1 (02:09:51):
Okay? Hold on? How much were you? How much were
you going to borrow.
Speaker 18 (02:09:56):
Ten thousand?
Speaker 1 (02:09:58):
And what were you going to do? How were you
going to pay back ten thousand with no job?
Speaker 18 (02:10:04):
I was going to try it because I have just to.
Speaker 1 (02:10:08):
Answer me the question. I don't need excuse, I just
need how were you going to pay back? With no job,
no money, no bank, nothing, How were you going to
pay back ten thousand dollars?
Speaker 18 (02:10:20):
I had a little job at a gas station part time,
and I was going to send them out of my paycheck.
Speaker 1 (02:10:26):
Okay. And you thought that you would qualify with no credit,
no money, and working at a gas station, you thought
you would qualify for a personal loan unsecured of ten
thousand dollars?
Speaker 18 (02:10:42):
Yeah, because they said I would.
Speaker 1 (02:10:44):
I Oh my god, they said you would, then it
must be true. I'm making fun here a little, Heidi,
because obviously they were lying to you. Hold on, okay,
I'll come right back to you. I'm not trying to
be mean. Okay, we got to figure out what to do,
and I hope to God I can do something. I
really do.
Speaker 10 (02:11:01):
Hold on.
Speaker 1 (02:11:08):
Go with a sure thing Denver's 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. In comparison,
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 think you're his only customer
(02:11:30):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi, Tom Martino,
you're troubleshooter three all three seven one three talk seven
one three eight two five five God, I had so
(02:11:51):
much I wanted to talk about today, but I have
callers I need to get to first. But man, do
I have a lot to say about things and really
good information I found? So right now, Heidi, we examine
this site. Heidi, listen. Okay, did you call because you
wanted to get your six hundred back? I'd like to you,
(02:12:15):
won't you were so? Heidi? I just want to be
honest with you because you sound like a nice person.
You really, honest to God, have been so completely ripped off.
They have so many misspellings and derivations wrong. I swear
to God, I would think Mark Major wrote this. I'm
just kidding. No, seriously, this thing is out of some
(02:12:37):
foreign country. They honest, it's a complete fake, fabricated site.
I'll bet you they never did one loan in their
entire lives. They collect fees and they're probably offshore. Okay,
we're never going to get you. We're just never going
to get your money back.
Speaker 12 (02:12:55):
Okay.
Speaker 1 (02:12:57):
Now I have to ask a few questions. How long
have your parents been deceased?
Speaker 18 (02:13:04):
Two years?
Speaker 1 (02:13:06):
How have you been living? Do you have any kind
of income whatsoever?
Speaker 5 (02:13:11):
No?
Speaker 1 (02:13:12):
Then how did you live? Now? I'm asking these questions
because I need to know how have you lived for
two years without any money?
Speaker 18 (02:13:20):
But I have a best friend who has been meeting
me stay with them with his family.
Speaker 1 (02:13:26):
And how do you know this best friend that is
a wonderful person. They let you live there.
Speaker 18 (02:13:32):
Yeah, they're very nice, very very kind people that I've
grown close to, like a family of my own.
Speaker 1 (02:13:38):
You're Heidi, God bless them. Now do you work?
Speaker 9 (02:13:44):
No?
Speaker 1 (02:13:45):
How come you don't work? Why don't you work?
Speaker 18 (02:13:49):
I don't feel mentally stable right now?
Speaker 1 (02:13:53):
Okay, have you gotten some counseling or help? No? Are
you on metadd Yes? Good. You can get some mental
health counseling with medicaid. Heidi, I want to help you. Okay,
this doesn't have to be our last conversation. But you
(02:14:15):
have to get some help for your depression. Okay, you
really do. It's free, you have Medicaid. You can get
it done.
Speaker 10 (02:14:22):
Now.
Speaker 1 (02:14:22):
Okay, what kind of work if you were happy or
could you do? What are you qualified to do?
Speaker 18 (02:14:30):
I have a college education. I work for the Denver
Water Department for twelve years.
Speaker 1 (02:14:35):
And then all, okay government, okay, what is your education in.
Speaker 10 (02:14:42):
Business?
Speaker 18 (02:14:42):
Accounting and budgeting?
Speaker 1 (02:14:45):
Come on? Really, Heidi? Really?
Speaker 5 (02:14:47):
Yeah?
Speaker 7 (02:14:48):
Yes, I know.
Speaker 18 (02:14:49):
I'm a very intelligent woman.
Speaker 7 (02:14:51):
I really am.
Speaker 18 (02:14:52):
Itged just when I lost my family.
Speaker 1 (02:14:54):
I just like, no, I know, Heidi, Heidi? How old
are you? Heidi? How old are you?
Speaker 18 (02:15:00):
Forty eight?
Speaker 1 (02:15:02):
It sounds like you're crying when you're talking.
Speaker 18 (02:15:06):
I know, and I try to not do that because no,
hold on.
Speaker 1 (02:15:09):
Hold on, as Yodas says, there is no try. Just
don't do it. You sound you sound you're way smarter
than you sound because of that, and you have a
college education, then Heidi, then let's kick some ass and
start going. If you have friends right now, thank god
you have friends. So if you start working, you can
save a little and get your own place. Okay, I
(02:15:32):
mean I don't think it's impossible. I think that we
might be able to even find you work if you
can straighten life out. Now, are you on drugs or alcohol? No?
Are you sure?
Speaker 7 (02:15:45):
Yes?
Speaker 1 (02:15:46):
Okay, no drugs, no alcohol. What do you do every
What do you do every day? You worry about yourself?
Speaker 18 (02:15:59):
I'm writing, I'm trying to write a book. I really
want to finish this about what about You're going to
think I'm freaking crazy, Tom, You'll probably already do what
spirituality things that I've witnessed during.
Speaker 1 (02:16:17):
My time, Like, I don't think you're crazy. There's nothing
wrong with having a passion. But please do me a favor, Heidi. Seriously,
I want you to seek out mental health counseling, a
counselor that takes medicaid. I'm really serious. If you do
that and show me you have an appointment, I will
help you with the next step, and that'll be helping
(02:16:40):
you get a job and even helping you find some
food and other things. But I want you you have
to take the first step now, Kachina. Give her, at
the risk of being insane, give her my Google number
and you can text me here Heidi, Okay, do you
have a phone to text me? Okay, I'll give I'll
(02:17:02):
give you the number on the air here it is okay,
you can tell you this is my that goes to
my personal phone. It's a text seven four seven fifty
to eighty Okay, So that's okay, So hang on us
(02:17:24):
and call me back. Text me with anything you need.
Get off the phone right now. Medicaid will cover mental
health counseling somewhere no matter where you go. If it's
covered by Medicaid, make an appointment and then let me
know and I'll give you the steps to get out
of this rut. Okay, please, You're not going to borrow
(02:17:44):
yourself out of trouble. Ever. It never happens. Never. I'm
Tom Martine. Listen. I started my Wave eight financial my
Wave eight wealth management because I was frustrated with the industry.
I started as six years ago. I went public just recently.
I've been helping a lot of people, but I'm gonna
warn you. Okay, if you want the truth, you can
(02:18:07):
come to me. Some people said, wait a minute. You
know they didn't like the bad news, and I'm not
even trying to get their business. Some people shouldn't be investing.
Some people know how to do it themselves. I will
help you by looking at what you're doing and giving
you God's honest information. My goal here is not to
get rich off if you My goal is to help
(02:18:27):
you as I help myself, and we do make money
on this. By the way, it is a business, but
you only thrive by helping others. If you want someone
honest who has their own money invested right along with yours,
then please look it up. Drop us a note. You
can text me even at my Google number. You can
(02:18:48):
text me there, or you can text your call three
oh three seven seven to one help seven seven one
four three five seven. That's three oh three and seven
to one help. There is no obligation. I don't care
if you have one hundred dollars or one hundred million dollars. Seriously,
there is no obligation to talk to us. You might
(02:19:10):
find it very enlightening. Three o three seven seven to one.
Help go with a sure thing 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 comparison call
Compass Insurance paying too much your coverage at dozens of
(02:19:31):
insurance companies find out now three oh three seven seven
to one. Help. You'll think you're his only customer when
you choose Frank Durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. I'm Tom Martinez. We
don't have much time, so I'm going to say goodbye
to uh, the guy that broke my camera. Dan McKenzie
(02:19:54):
mackenzie law. Dan. People always ask this, Okay, I'm just
gonna come right out. They want to know about consultations
because a lot of people say free consultations. So let's
get it right out there. How do you work when
people want to talk to you?
Speaker 6 (02:20:07):
So we do have a free consultation with our paralegals,
just to find out what the deal is, whether we
might be helpful.
Speaker 1 (02:20:13):
Will you give him an estimate.
Speaker 6 (02:20:14):
After that, yes, they can give an estimate, and then
if they do want to meet with a lawyer, there
is a fee. That fee would apply to the plan
that they end up doing.
Speaker 1 (02:20:22):
Okay, so it's all paid for something, right, Okay, that's
just a free option. Now again, people, I always say
this because he is live and local. In fact, I
call it a boutique kind of firm. I mean, you
get to talk to Dan, and he's accessible and he's
got his people working with him. But the number sounds national,
sounds like, you know, it's some, but it's I think
(02:20:44):
it's brilliant. By the way, eight three to three co plans.
But whenever I give that number out, some people say,
is he local? Yeah, he is eight three three C plans.
Speaker 9 (02:20:56):
You know.
Speaker 1 (02:20:56):
The good thing about a state law, you know, there's
not quarter peers or trials or stuff. I mean, unless
you get into a contested probate and stuff. But what
we're talking about is you don't need to go to
his office that much. Martino
The Troubleshooter News
Popular Podcasts
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.