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November 24, 2025 143 mins
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Speaker 1 (00:00):
Y'all ripped up.

Speaker 2 (00:07):
News you need it.

Speaker 3 (00:09):
That's who you don't have.

Speaker 4 (00:13):
Come running us as we can.

Speaker 5 (00:16):
Shooter's gonna help.

Speaker 1 (00:18):
Come Man Dix is the Troubleshooter Show. No Tom Martino,
Hey Tom Martino here. If you guys are streaming, and
I hope you are from time to time on YouTube,
you'll see to my right, Dan McKenzie from McKenzie Law.
We'll talk about a state law a little bit, talk
about anything you want. But you know I I do

(00:39):
this if Thanksgiving is always on a Thursday, right, so,
but sometimes I take off a few days before. Sometimes
not Mark's gonna be and of course uh as well.
And I like talking about this time of year, what
are you thankful for? And I mean that sincerely. I
want calls from people. And then also if you have problems,

(01:02):
question complaints, like Ruble has an issue with a motorcycle,
then we'll talk to Dan McKenzie about some estate planning things.
What I do is when I get emails, I put
them away if they're not urgent for when my experts
are here. And I do have a few questions for him.
Plus I'm actually starting with him, and I'm going to
give some real life scenarios. I've done that with everything
I've done with my water systems from Paul the Waterman,

(01:24):
I gave real life scenarios when I do something with
one clear Choice garage doors, Denver Region, when they did
stuff for me. All of these people I'm thankful for
and I give personal experiences, and that's what I do.
I use each and every sponsor for real. And Dan,
of course couldn't tell you this, but I'm opening myself up. Yes,

(01:47):
I am going to him and we're going to talk
about estate planning and things you can do. I'm so
late at this, you know, because I, of course I
was going to live forever and then plan It's changed
a little. But in any case, let's go to Rubyl. Hey, Rubyl,
what's going on in your life? What's happening?

Speaker 6 (02:08):
How you doing?

Speaker 3 (02:09):
Listen?

Speaker 6 (02:10):
I bought a slingshot, like.

Speaker 1 (02:13):
A more slingshot, a slingshot. Oh oh, the three wheeler, yes, yeah,
I like those things.

Speaker 6 (02:22):
So I wanted to I wanted to upgrade it and
speakers and put life on the wheels.

Speaker 1 (02:27):
Yeah.

Speaker 6 (02:29):
So I went to a shop and I got speakers,
lights and uh.

Speaker 1 (02:42):
Hey, by the way, by the way, did you get
a new slingshot. It's a polaris right, the people that
make the snowmobile? Right?

Speaker 6 (02:49):
Yes, correct?

Speaker 1 (02:50):
Two wheels in the front, one in the back. It
looks like a batmobile in my opinion. What color did
you get?

Speaker 6 (02:56):
Blue?

Speaker 7 (02:57):
Oh?

Speaker 1 (02:57):
Cool? Now can this? This is only what a three
season vehicle? Basically?

Speaker 8 (03:05):
Right?

Speaker 1 (03:06):
Okay? So what went wrong with the shop? And by
the way, I forgot to ask, or I did ask?
Was this new for you? Is this a new slingshot?

Speaker 6 (03:15):
Yes, it's it's not new twenty one.

Speaker 1 (03:19):
But it's new to you. It's new for you got it?
When did you acquire it?

Speaker 9 (03:27):
But man less?

Speaker 6 (03:29):
In a month?

Speaker 1 (03:30):
Okay? Now go ahead. What problem are you facing today?
Is it with the shop you took it to? No?

Speaker 6 (03:38):
I was driving by in Washington where I've seen this
shop where they sell stereos and stuff like that. Okay,
So I went and I and I was talking to
me and he tells me. He said, yeah, we put
lights on the swing shots. We do it all the time,
we speaker. I said, okay, Well, as I started, I

(04:00):
ordered the lights and the speakers and it cost me
two thousand dollars.

Speaker 1 (04:07):
Okay, So you ordered this online or is it someone
that you actually okay? And where is this shop on
one hundred parth of Washington. Okay, what's the name of it?

Speaker 6 (04:20):
Extreme Unlimited?

Speaker 1 (04:22):
Extreme Unlimited? Okay, go ahead with your story.

Speaker 6 (04:27):
So I ordered the lights and I ordered the stereo,
and which cost me two thousand dollars dollars, and I
felt like it.

Speaker 1 (04:37):
Was just now it is two thousand. Was two thousand
a deposit? Or was that the whole shooting match?

Speaker 7 (04:45):
Uh?

Speaker 6 (04:45):
No, that was just a deposit that.

Speaker 1 (04:49):
Okay?

Speaker 6 (04:50):
Okay, where are that? It was too high?

Speaker 1 (04:55):
So where do we stand right now? Ruble? You put
two grand down? When did you make that deposit?

Speaker 6 (05:00):
Uh? Well but a week ago?

Speaker 1 (05:04):
Okay, so two weeks ago. What's going on?

Speaker 6 (05:08):
So I went back to him and I told him,
I said, you know what, I decided that I don't
want I don't I don't want to.

Speaker 1 (05:13):
Oh so you changed your mind?

Speaker 6 (05:16):
Yeah, and then they wanted to Giuse. They were going
to talk in another two thousands to put them on.

Speaker 1 (05:23):
Okay, but but kind of Ruble, it's kind of weird.
You ordered him, and then you then you decided you
didn't want them, And I don't know if you signed anything.
I don't know what the contractual arrangement was. But did
they order stuff for you, Rubel, or did you just
cancel before they could order it?

Speaker 6 (05:41):
No, they ordered it. They ordered they only ordered two parts.

Speaker 1 (05:46):
Okay, so how what are you calling about today?

Speaker 6 (05:49):
Because uh I, I I did it, and I took
the two parts that that that you couldn't send back
and I ended up having to keep the lights and the.

Speaker 1 (06:08):
Stereo and the waves. So so you did get all
that stuff? Did you get all that product? Do you
have it in your possession?

Speaker 9 (06:21):
No?

Speaker 6 (06:21):
Not now, because what happened was is that when he
didn't take it back, he wouldn't take it back. I
had to get store credit. The real kid on the
lights was twelve ninety nine, and when I looked up
the part, it was only like four hundred bucks.

Speaker 1 (06:38):
Yeah. But see, here's the problem. I'm going to let
you guess at the problem. What is the problem? You
tell me what the problem is, Ruble. You ordered this
stuff and then you changed your mind because you found
out he's charging too much based on your searching. The
problem here is that you did your searching and your

(07:00):
research after you already bought it. So the question is
the question is and I'll ask our legal mind here
as a friend, and he's here for the show, and
I'll just ask him because he is an attorney. In general.
I dan McKenzie by the way, McKenzie law for estate planning.
But on this case, it seems to me, Dan, what

(07:23):
did the guy do wrong? I mean he ordered the
stuff then changed his mind. I don't think the shop,
I don't know. What do you think? Yeah?

Speaker 10 (07:31):
I mean it, man, It depends on your agreement. I
guess I didn't catch was already sort of written.

Speaker 1 (07:37):
Good, good point. What in writing, if anything, do you
have or you know? So the way it stands right now,
let me get this straight. The way it stands right now.
The two grand that you paid got you the materials
that you get to keep. Is that right?

Speaker 6 (07:53):
Right?

Speaker 7 (07:54):
Correct?

Speaker 1 (07:54):
But you think you were overcharged for the materials you
got to keep, even though he's willing to let you
keep the materials. You're saying I paid way too much
for this stuff.

Speaker 6 (08:05):
Well, well I did it, you know, because I kept it.
But the wheel kit when I got it, it didn't
pit the sleek shot because I took the sleek shot
to have the lights put on with somebody else with
the company. I bought the sleinkshot with but okay, it
didn't fit. It was for a trump, not a sleek shot.

Speaker 1 (08:26):
Oh so, so the the lights and stereo? Now you're
talking about a wheel kit?

Speaker 6 (08:35):
Yeah, which is the light?

Speaker 11 (08:38):
Oh?

Speaker 1 (08:38):
Okay? Oh okay, so the lights? Okay? So will they
order you the right stuff? Where does it stand right now?
Will they order you the right stuff?

Speaker 6 (08:50):
Well?

Speaker 1 (08:50):
Why if it's the wrong stuff, why won't they just
order the right stuff? To me? Hold on a second,
who do we have in today, Kachina? I have Deputy
D sitting here with me. Who do you have in anyone, Kachina, Shannon,
anyone in the studio? We got any of my deputies? Uh?

(09:13):
If I could find out, that would be good. I'm
gonna just d Let's maybe we just call over there
to oh is he in the studio? Good? I'm gonna
give this to Bo. I'll give this to Bo. But Rubel,
hold on, what we have to do is just figure out.
It seems to me you bought the stuff, okay, And

(09:33):
whether or not you paid too much, that's whether you
paid too much or not is not the issue right now.
It's too late for that. But if they ordered the
wrong stuff, they should order you the right stuff. So
Deputy Bo, why don't you take a stab at this
and see what they have to say about it. I'll
give a call over there. Good all right, but now let.

Speaker 6 (09:53):
Me finish explaining before you call.

Speaker 3 (09:56):
Go ahead some So.

Speaker 6 (09:58):
What happened was I decided I decided to take the
car and have everything that he gave me to be
installed at or. I bought the car right right, So
so I took him back the wheel kit and I
told him, I said, look, I don't I don't. You
ordered the wrong ones. I already ordered through the shop
that I bought the car with. I already ordered the

(10:20):
wheel kid right, so I paid, I paid twice. So
I told the guy, I said, look, I don't need these.
These are the wrong ones. He sold me for a
truck for Cark wheels and this car is only a
three year I says, I just want I just wanted
money back on these. I said, I did the rest
of it, but.

Speaker 7 (10:39):
I get money.

Speaker 1 (10:41):
And what did he say? Now?

Speaker 6 (10:43):
He said no, he said in store credit.

Speaker 1 (10:47):
Okay, So that's where we stand. You got the right part,
you got the right part from the installers, but now
you want more than you want a refund. You don't
want to store credit if he ordered the wrong stuff.
If if he ordered the wrong stuff, I agree with you.
Why don't you hold on, Deputy Bow I agree with him,
if they ordered the wrong stuff. It seems weird to

(11:09):
me that they're trying to force him to take store credit.
Gabriel wants to talk about a credit card. Johnny wants
to talk about a Motel six. Anything on your mind,
give us a call. I'll take these calls right after this.
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(11:32):
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three zero three eight six y two five five five four.
Martino here, Welcome to the show with Major Mark Major,

(11:52):
who's gracing us with his presence for a little while today.
And then I imagine he's busy, and a lot of
people are busy this week. I want to know what
people have to be thankful for, and I really want
to ask that, and I want people to tell me
Gabriel has a problem with a credit report, or excuse me,
Johnny's next, Johnny, Motel six, then, Gabriel. What's going on

(12:14):
with Motel six? Johnny?

Speaker 7 (12:17):
Hello, Tom, thank you for having me. I'm just having
some problems with them because we've been staying with them
for three weeks.

Speaker 1 (12:24):
Now, why are you at Motel six for three weeks?

Speaker 7 (12:28):
We're homeless and this is the closest seen all the
best situation for my wife and our dogs and us.

Speaker 1 (12:33):
Okay, and go ahead, Johnny. What's going on?

Speaker 7 (12:37):
So we've been staying here for three weeks and they yeah,
that's five dollars a week and there has been no
hot water.

Speaker 8 (12:43):
Water.

Speaker 1 (12:44):
Well, that's they've been telling me.

Speaker 7 (12:46):
They've been telling us Monday through Friday daily as we've
been calling that they're they're looking. They got the part.
They're going to put it in today.

Speaker 1 (12:54):
What do you do? What do you do for showers
and stuff? For Have you not had water? Are you
telling me for three weeks you haven't had hot water?

Speaker 7 (13:04):
I probably took two cold showers in that time.

Speaker 1 (13:07):
Are they giving you any kind of a credit or
anything for that?

Speaker 9 (13:11):
Nothing.

Speaker 7 (13:11):
Nothing.

Speaker 12 (13:12):
I can't believe Motel six is five hundred bucks a week?

Speaker 13 (13:15):
Am I the only one?

Speaker 1 (13:16):
Just flabber as you know what that you know what
I guess that is that is a.

Speaker 13 (13:21):
Place that they were like nineteen bucks a night.

Speaker 1 (13:25):
Wait wait wait wait, I was thinking five hundred a
week is cheap?

Speaker 13 (13:28):
Wait oh god wait Motel six.

Speaker 1 (13:31):
Yeah, Well let me ask you something, Johnny. Why is
it five hundred dollars a week?

Speaker 7 (13:38):
Five hundred is the discount that's with my Motile six membership,
so it's cheaper that way. It's normally over five hundred,
closer to six.

Speaker 13 (13:47):
I'm shocked Motel six has a membership.

Speaker 7 (13:51):
Yeah, just to say you like fifteen s Johnny.

Speaker 1 (13:54):
So what do they say? When are you going to
have hot water?

Speaker 7 (13:58):
They're just it's still the same. I think they're saying
it's going to be today. But that's what they've been
saying for a couple of a few weeks.

Speaker 14 (14:04):
Now, Johnny, this is bow. Does the whole hotel not
have hot water?

Speaker 3 (14:10):
All a residents?

Speaker 9 (14:12):
Jar as I.

Speaker 7 (14:12):
Know, as far as I know, the whole building is
out should get that. I have asked other people staying
here and they said, well, have they.

Speaker 1 (14:21):
Okay, here's here's the big thing, Johnny. And here's something
that people should understand. If it's broke, you fix it.
It ain't magic. So why the heck aren't they What
excuse could they possibly have bow for three weeks? Do
they have boilers? Johnny? What kind of heat do you have?
Do you have hot air or do you have more
of a radiant heat? What kind of heat do you

(14:43):
guys have?

Speaker 7 (14:44):
The thing is we have a unit of air conditioning
and the heater unit inside the room area.

Speaker 1 (14:51):
Okay, I get it. That's what's pump. That's the heat. Okay,
they'd probably have a water heater.

Speaker 13 (14:58):
Tom, it's like two or three water heaters the whole building.

Speaker 7 (15:01):
Probably the hot water that's not working.

Speaker 15 (15:05):
Hey Tom, Hey go ahead, Hey man. So I well,
you guys were talking. I checked the Motel six website.
This is the one on West eighty third Place up
in Thornton. Yeah, And I said, what whw did you
know that?

Speaker 1 (15:18):
Well?

Speaker 15 (15:18):
He said he was according to Coltrainer, he's he's on Thornton. Okay,
so according to their website. And I made like a
you know, a reservation, you know, not I didn't connect.

Speaker 1 (15:28):
I got it, it's fifty nine.

Speaker 15 (15:29):
Dollars a night. So how did we come up with
five hundred bucks a week? And how many rooms? How
many rooms are you renting, Johnny?

Speaker 7 (15:38):
Just one?

Speaker 3 (15:39):
Okay?

Speaker 15 (15:39):
So on their website it's fifty nine bucks a night, Johnny.

Speaker 1 (15:43):
How did you come up with that price?

Speaker 7 (15:46):
That's the price they came up with, because I come
up with the price that's on my my my sixth
app which came up to like four hundred and thirty
six dollars.

Speaker 1 (15:55):
Yeah, what didn't.

Speaker 12 (15:57):
Well, they might be come on, guys, they might be
margin for the dogs too.

Speaker 1 (16:02):
How many dogs?

Speaker 7 (16:03):
It says pets stay free on the app.

Speaker 1 (16:07):
Pet's allowed, ket's stay free, So kids stay free? Hold
on a second, Do you want to give him a
call over there, Deputy.

Speaker 15 (16:15):
D I will, but I have one more question for Johnny.

Speaker 3 (16:18):
Move to a different motel that does have hot water.

Speaker 7 (16:21):
It's it's a hard situation because we're not mobile. WHOA
pretty much?

Speaker 12 (16:26):
Just and I've got a little follow up to Dimitri's
question there at five hundred bucks, your average month is
going to be two thousand bucks. I would assume you
can get even in Colorado, especially in Thornton, a decent apartment.

Speaker 1 (16:41):
For two for one. Yeah, Johnny, Johnny, we have a
bunch of questions for you. Let me ask you real quick,
the lightning round here. Okay, how did you become homeless?
And how long have you been homeless?

Speaker 7 (16:52):
We've actually just been homeless for the last three weeks.
We had an apartment and what happened We fell behind
on rent and we pretty much found an apartment across
the street from our old one, and we were almost
ready to move in, but our check stubs didn't get
approved right away because of new jobs, so we had

(17:15):
to wait a month.

Speaker 1 (17:15):
Let me get this straight. You and your wife, you
and your wife, for you and your wife are both
working right, yes, okay, and you can afford obviously five
hundred dollars a week.

Speaker 7 (17:28):
Yeah, we're struggling, but we're doing it to me just
to maintain.

Speaker 1 (17:31):
And what are you doing for food?

Speaker 7 (17:34):
Eating cheap? But we have no hot water, no microwaves,
so we get a lot of like stuff like you know,
cold sandwiches and stuff from the seven to eleven next door.

Speaker 1 (17:44):
Okay, thank gotcha, gotcha? So what's your long range plan? Johnny?

Speaker 7 (17:51):
I was hoping to remain anonymous because we are going
to be staying here for longer. We were just hoping
to get the water fas you know, we want this.

Speaker 1 (17:58):
The other one was hoping that staying anonymous. You don't
want us to rock the boat? Is that what you're saying.

Speaker 7 (18:05):
I would love if he used to rock the boat
and not mention my name because I am. I'm on
the Yeah.

Speaker 1 (18:10):
But will they know, Okay, I'll come over. How many people?
How many people are affected by the way.

Speaker 7 (18:18):
I would guess this whole hotel? Everybody guess that's staying Bo.

Speaker 1 (18:22):
You just said you'll call over there. I want to
find out he doesn't want to call attention to himself. Johnny,
will they figure out it's you or not? I mean,
have you been making a lot of noise?

Speaker 7 (18:31):
If?

Speaker 1 (18:32):
Okay, okay, okay, Bo, If you want to take this
on too, man, that's fine with me to call over there,
because I know what Bo's thinking. Both thinking, let's fix
the damn thing. Let's go fix it.

Speaker 12 (18:44):
And Johnny real quick, if you if you had like
a security deposit, could you get into an apartment? I mean,
what's the hold back right now to actually getting into
a better circumstance than Motel six.

Speaker 7 (18:57):
That's stubs. That's what's holding us back and subs. So
it's just it's for verification.

Speaker 1 (19:04):
I guess I don't know what that means. What does
that mean check stubs, verification of.

Speaker 7 (19:08):
Incomes, proper hours. We're not getting enough hours. They're saying, Oh,
you're not making quite enough yet, keep working and compot, Johnny.

Speaker 14 (19:17):
I think you should talk to the manager and least
get a significant discount on your weekly rate for no
hot water.

Speaker 12 (19:24):
Oh they know, they got these people over a barrel.
These these don't know weekly hotels.

Speaker 1 (19:29):
They're crooks in my opinion.

Speaker 7 (19:31):
Yeah, we spoked a manager and they said there's no refunds.

Speaker 1 (19:35):
Well, I'm not talking about refunds, we're talking about discounts.
You don't have any hot water, you know. Both go
robing over there and tell them it's us and tell them,
tell them we're hearing from a number of people or whatever.
I don't know what you tell them, but don't tell
them anything that'll I got it, I know I don't.
All right, good, let's find out what Bow finds out
right after this. I'm Tom Martino three oh three seven

(19:57):
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(20:23):
three three seven one three A two five five. Gabriel,
what's going on with you? Gabriel? You're on the air.
What's happening? Brother? Hey?

Speaker 16 (20:31):
Tom?

Speaker 8 (20:31):
You know about thirty years ago you helped me in
a situation I was in, and here I am thirty
years later.

Speaker 1 (20:37):
You know what, you only get I only get to
help you once every forty years, so you got ten
years to go. Anyway, what's going on, Gabriel, what's happening? Uh?

Speaker 8 (20:48):
I got my credit report from Emperian and suddenly it
dropped fifty points. Uh. For decades, I've been at eight fifteen,
which is exceptional.

Speaker 1 (20:58):
Oh my god, it's better an exceptional your way eight fifteen.

Speaker 8 (21:04):
Yeah, you can only go to age fifty, So I know,
you know, I've just been standing at fifteen, but this drop.
I went to every line in this report, and every
line in this report says never late, always paid on time,
no new accounts open. There's nothing that indicates any reason why.

Speaker 1 (21:24):
About the amount of credit out.

Speaker 8 (21:28):
I don't know about that.

Speaker 13 (21:30):
I mean something's.

Speaker 1 (21:31):
Changed, which, by the way, just on that vein that
Mark's talking about, and Mark, you can continue, but I
just want to mention this really quickly. If people could
see their dynamic credit score every day, they would see
that it changes almost daily. Of the FIICO now it
hovers around a certain number. You know, some people might

(21:54):
have seven to twenty give or take, six forties give
or take. You had eight to fifteen, give or take.
But it does change. I don't know about the fifty points. Mark.
That sounds like a lot.

Speaker 12 (22:05):
Well, if you had, for example, a card and you
closed that account, and that card gave you thirty thousand
dollars of credit and you closed it, that could be
a massive effect. If you had a lot of money
on different cards at one time, that now made an effect.

Speaker 1 (22:22):
Mark's talking about credit utilization, And I'll put it this way.
If you have let's say ten credit cards and ten
thousand dollars credit limit on each, you have a total
of one hundred thousand dollars in credit available. Now, So
if you have one hundred thousand dollars of credit available

(22:44):
and you use ten thousand dollars of it. It doesn't
matter on how many cards. But you only use ten
thousand of one hundred thousand, that's a ten percent utilization rate,
which is excellent. They don't like when you start approaching
fifty percent utilization. So one thing Mark and I would
counsel people on is when they had credit cards, and

(23:07):
what they should do is get more credit. They don't
use it, but they have it available, and by having
more credit available, you have less of a number for utilization.
And the lower the utilization number, the better off you are.
Unless it's zero utilization, then it doesn't build any credit.

(23:28):
It's weird.

Speaker 12 (23:29):
Mark, what have you found as far as utilization, Well,
it doesn't matter. It changes so much like when I
pay a big advertising bill on one of my cards,
say I pay forty thousand dollars, my credit will literally
drop even even though I just made the charge. It's
not due. They know I never hold a balance. It

(23:49):
can drop thirty points without blinking. Then as soon as
I pay it off three or four days later, it's
back up.

Speaker 3 (23:57):
Yep.

Speaker 9 (23:57):
Yeah, you know, Mark, I can talk to that point by.

Speaker 1 (24:00):
Hold on, hold on, what were you gonna say?

Speaker 15 (24:02):
D you know about three months ago, one of my
credit card companies offered me an upgraded card with like
better rebates and better benefits and that.

Speaker 3 (24:10):
Sort of stuff. I accepted the offer.

Speaker 15 (24:14):
So what they did is they closed my other account,
made marked it, paid in full as agreed, and opened
a new one. And that month, my credit score dropped
fifty nine points for doing one for accepting their offer
for a better credit card.

Speaker 3 (24:32):
Same issue.

Speaker 15 (24:33):
So I switched from one credit card to another from
the same issuer. And then a few days later I
get one of those credit monitoring alerts from that same
company that says your score has changed. I log in,
it was minus fifty nine points. It took two months
for it to go back to where it used to be.

Speaker 1 (24:50):
And here's one thing I can tell you. I can
tell you I think that FICO is next to God
somewhere because you can't fight them. Ever. I have never, ever,
we've never been able to figure out FICO first of all,
and it's like it's like AI artificial, how do you
figure it out? They somehow have what they used to

(25:12):
call AI algorithms to figure out what your score should be,
and it changes dynamically and you will never like like
if you were calling me saying tom My score dropped
fifty points. I'm pissed off. It shouldn't be. I want
to get it back up again. There's no one, there's
no one person. There's no mister Fco, there's no Fyco incorporated,

(25:34):
there's nothing. Seriously it is.

Speaker 12 (25:37):
People don't realize all the different There's like fycoad, Fyco nine,
Fyco ten, Fyco ten, t, Fyco five, Fico four, Fco two.
There's different ones depending like if you're going to buy
a house, they're not going to pull like a FIGHTO
eight that's usually just used for credit card companies.

Speaker 15 (25:57):
There's also vantage scores. There's vantage three and four point oh,
and those areas you.

Speaker 1 (26:03):
Can grow up, you can grow old thinking about it.
But with some somehow somewhere that Fiico gets changed. Is
it all automated?

Speaker 3 (26:12):
Yep.

Speaker 1 (26:13):
Now the suggestions that I have found for people in
the past, I look up by my databank here.

Speaker 12 (26:21):
If he doesn't have anything new or anything. Credit utilization
is going to be utilization, right.

Speaker 1 (26:27):
Credit utilization can bump you twenty to fifty points just
by going over a fifty percent utilization rate, or maybe
if you were out of twenty historically. Do you know
what if you go over your own numbers historically, that's
another negative. In other words, if you historically only use

(26:47):
twenty percent, you have set the bar for yourself at
twenty percent. So even though let's say thirty percent utilization
is not bad for someone else, it could be bad
for you. Isn't that weird? You set your own bar
and they look at you and say, why did so
and so use more credit this month than he did

(27:08):
last month? Even though the total credit isn't that bad.
Mark utilization has a lot to do with your profile
as well. It's crazy.

Speaker 13 (27:16):
Yeah, it's everything, man, it's big.

Speaker 12 (27:18):
People don't realize that if you close an account, I
don't care what it is. Something you don't use anymore
that automatically makes your score go down, and you would go.

Speaker 13 (27:28):
It just doesn't seem like it should be there.

Speaker 1 (27:30):
Now, here's something that happened to me. When I was
looking at the calls, at my past calls, a note
came up about me that happened with Nordstrom years ago.
My auto pay. I started my auto pay and it
took place. It took effect in forty five days. So

(27:50):
I was thinking my next payment would be paid by autopay,
but it wasn't forty five days later, which made the
payment like fifteen days later some whatever it was, it
was such that I didn't do anything wrong. Nordstrom acknowledged
I didn't do anything wrong, but my Fiico dropped dramatically
and stayed until I built it back up again because

(28:11):
it looked like I missed the payment, and Norstrom did
not said they didn't. They literally did not know how
to fix it. They said, we don't know how to
fix it. We don't know how to fix it. And
a lot of these creditors, they don't do it. It's
all automated. We ought to dig into, we ought to
dig into Fika. But anyway, it could be that did

(28:35):
you change any accounts at all?

Speaker 8 (28:39):
Well, first of all, let me tell you I've only
had like one or two credit cards for twenty years period. Okay,
I don't have a big income. You know, I'm living
in low income government housing. Yeah, and I live a
pretty tight budget. But here's the other thing. The other
two credit reporting agencies they have me at the same

(29:01):
eight fifteen. It's only imperium.

Speaker 9 (29:04):
And yes, people just screaming.

Speaker 8 (29:08):
Bloody murder about this particular company.

Speaker 1 (29:11):
Yeah, but hold on, yeah, hold on, you can find
them screaming bloody murder about anyone you search. Credit reporting
agencies never have good reviews ever, so you know the
fact that you're finding negative reviews doesn't mean that you
found something or a glitch in their system. You didn't.
I'm just being straight with you here. In fact, I

(29:32):
hate even telling you this, but it's the truth. There's
nothing you can do about it. There's nothing you can
do about it. There's no one. There's no one to
go after. It's crazy. There's no one to go after.

Speaker 8 (29:45):
I believe it because there's nobody that will answer a phone.
Nobody will talk to you.

Speaker 1 (29:49):
I think there is no one. Well, there is no one.
It's automated. I'd like to know who calculates fyco scores.
You know who does it? You know it's I'm typing
that in. I'm just I want to see what AI

(30:09):
says about who calculates them, because truly, okay, no nonsense
version it says here. No, it stands for fair ISAAC Corporation,
and they created the formulas and they license people to
use it. They do not calculate your score. The ones

(30:30):
that actually calculate your score are the actual credit reporting agencies,
but it's all automated. Have they put in their own
criteria and then they measure your FICO according to their standards.
So anyway, yeah, I agree with you. He he didn't

(30:52):
like what he heard because you feel powerless, you do,
and you are, by the way, give us a call.
Three h three seven one three talk seven one three
eight two five five. We want to know not only
your problems what we can help you with, especially going
into a long weekend from many of you, I also
want to know what are you thankful for? All of that?

(31:16):
Coming up on the Troubleshooter show your trouble Shooter three
oh three seven one three talks seven one three eight
two five five. All right, So we have Dan Mackenzie
with us Mackenzie Law. He does his state planning and
all of that. And I say all of that there
is a lot to it. I mean, let's face it,
there's a lot to it. So Dan, I think a

(31:40):
lot of people, maybe I'm wrong. Is there a busy
time for state planning? I would say in my maybe not.
But around the first of year a lot of people
think about things. Do they think about a state planning
or is there no such thing as a busy time?
Or can you expect an influx after the first or
I haven't really noticed. It's pretty even.

Speaker 10 (32:02):
I think there used to be a lot of end
of year gifting and stuff like that, when people are
trying to get assets out of there.

Speaker 1 (32:07):
It's okay, I see what you're saying, and a year's wings.

Speaker 10 (32:10):
But now that's kind of gone because so few people
have estate tax.

Speaker 1 (32:13):
Concerns because of how much they are.

Speaker 10 (32:16):
How much you can give away without an estate tax,
and how much is that? It's about to be fifteen
million bucks per person, so a lot.

Speaker 1 (32:23):
Now doesn't that go down to zero one day? Doesn't
it expire? I thought it was a graduated each year
they're the estate amount or.

Speaker 10 (32:33):
It got adjusted in twenty thirteen and then again in
twenty seventeen, and it goes up for cost of.

Speaker 17 (32:39):
Living every year.

Speaker 1 (32:40):
Oh okay, all right, so let's talk about why they
come in. I know why I came in. Well, shoot,
I was old. I should have come in anyway. Yeah,
but I had a bout with cancer and there's nothing
that says mortality more than cancer, and I thought I
need to get some and done. What brings people in

(33:02):
what really, because I don't think as much as we
tout or we talk about you need to get it done.
You need to get it done all I'll bet you
it needs. Some people need an event, like when they
get a burglar alarm or you know, a security system
at home. It's usually because someone in the neighborhood got

(33:23):
robbed or they got robbed and they get it after
they got robbed. What brings people in for a new
state plan?

Speaker 10 (33:28):
Similar, it's like people who have gone through a state
administration for somebody else, so I had to deal with
somebody else's affairs.

Speaker 1 (33:34):
Ah.

Speaker 10 (33:35):
That gets some people who are going on a trip
soon or have just been on a trip recently, and
they said, we had a conversation on the airplane, like
what happens?

Speaker 1 (33:44):
What happens if this plane goes exactly? Yeah, vacations can
do no seriously they things like that. But the holidays
not necessarily No.

Speaker 10 (33:54):
And you know it's funny because we have like some
blog posts encouraging people like, hey, the family is together.
You know this is actually not bad time to asking questions.
It's not like a topic people want to discuss. But
everyone's around.

Speaker 1 (34:06):
I have a text here I got a question too.
When you get a second, All right, Mark, you do yours?

Speaker 12 (34:11):
I have so dan a beneficiaries deed on a house.
Let's say like my parents put me as a beneficiary
on the deed for their house and I end up
passing away with them, so the three of us all
die at the same time. I know this is getting crazy,
but because I was on there, does it automatically go

(34:34):
to my estate?

Speaker 1 (34:35):
Oh? Dad? Question? Hold on, let's wait for that answer.
That's a great question. He's on the beneficiaries deed, but
they all die together. Does it go to them? Does
it go to his estate and then to his heirs?
All of that coming up ripped up.

Speaker 13 (35:04):
You need advice so you don't have.

Speaker 1 (35:09):
Come run into a stas as we can.

Speaker 18 (35:13):
Shooter is gonna help coming Man Dix is the Troubleshooter Show.

Speaker 1 (35:19):
No, Tom Martine. Hey, I'm Tom Martino. Welcome to the show,
and we have a burning question. What happens if you're
on a beneficiaries deed. Now, let me explain what a
beneficiary deed is. It's designed to avoid probate and to
uh transfer ownership of a home direct to someone else
upon your death. That there hence the name beneficiary deed,

(35:44):
and Mark asked Dan mackenzie, our expert today, our attorney today,
what happens if my parents put me on their home
as the as the benefactor for the beneficiaries deed as
the heir, and we're all killed together, does it go
to his parents' estate or does it go to Mark's estate? Man,

(36:08):
that's a weird one. So what is the answer there, sir? So?

Speaker 10 (36:13):
The answer is that in Colorado, you have to survive
someone by one hundred and twenty hours, which is five days,
in order to inherit from their estates. If you passed
away together, you did not survive them, and it does
not going to your.

Speaker 1 (36:25):
Estate, So it stays with the parents. Correct, The beneficiary's
deed stays with the parents then, and it doesn't.

Speaker 12 (36:34):
Yeah, go ahead, proact the open up probate or someone
pout on your behalf because you're dead, you would have.

Speaker 10 (36:41):
Yes, somebody would have to open a probate for your
parents to get that house transferred to whoever they're next.

Speaker 1 (36:46):
Yeah, and it doesn't Okay, I see, And it doesn't
have to be one of Mark's heirs.

Speaker 17 (36:51):
It wouldn't be. It would be there.

Speaker 12 (36:52):
Well, in my case, it would be their grandkids. I'm
sure because I have no siblings.

Speaker 1 (36:58):
Okay, so that's a very good question. Now I want
to go to the phone Sheila. By the way, that's
Dan McKenzie. McKenzie Law eight three three seal plans. I
have a number of different questions for him. But Sheila
has a transmission problem. Mark, why don't you you're the
one that took this call with Jeff and Jeff Thick
has enough tacup bring to me. Go ahead.

Speaker 12 (37:19):
I don't recall her exact issue. What was it, Jeff,
you're the one that kind of dived in it.

Speaker 9 (37:26):
You have some codes come on, and she got to
a limp in or darned your no move condition. Uh,
took to a shop. I believe it was up north someplace,
and they were trying to quot for a transmission. But
unfortunately that transmissions on national back Oh.

Speaker 13 (37:40):
Yeah, yeah, it was on big time back order. That's right.

Speaker 9 (37:44):
Unfortunately we're in the same boat.

Speaker 6 (37:46):
Yeah, I'm going to call right now with all.

Speaker 9 (37:50):
Of the internal parts that we would need positively, and
we're going to build that unit. They're on back order
on up right now too. So right now that vehicle
is a very large paperweight.

Speaker 12 (38:04):
That's incredible how often this happens we hear it?

Speaker 13 (38:08):
I swear ten years ago we never hear this stuff.

Speaker 9 (38:11):
Yeah, I mean it's you know, of course, of the
last two years, Toyota Lexus has been one of the
worst when it comes to drive train and products being
on backwarder.

Speaker 1 (38:20):
Now, you know, is it COVID still? For God's sakes,
is that what happened?

Speaker 9 (38:27):
You know, you can blame COVID for some of it,
and I think a lot of the manufacturers and you know,
other parts suppliers have learned that people were willing to wait,
so that you know.

Speaker 1 (38:36):
It depends on that's what it is.

Speaker 7 (38:38):
What you've got.

Speaker 9 (38:39):
As far as you know, it's cheaper to store everything
in Cleveland as a post of Denver, so you've got
to ship everything in because they're not paying on that inventory.

Speaker 1 (38:46):
It's the new the new normal. It's the new normal.
People put up with a lot and it never went
back to how it was in many cases, so as
Jeff said, they may not just manufactures and keep stuff.
In fact, Jep, I've heard of people having to wait
for a run, a production run. Literally they take orders,

(39:09):
back orders, and wait until they get to a certain
number before they even fire up the factory.

Speaker 7 (39:15):
You know.

Speaker 12 (39:15):
The other thing is there's nothing, there's nothing like federally
required to provide.

Speaker 13 (39:20):
Replacement parts for older vehicles.

Speaker 12 (39:23):
Really, they could just say, screw it, we're not making
these parts anymore.

Speaker 9 (39:27):
Yeah, in about ten years that they do that, they
make parts for that ten years, they start pulling them
back and out.

Speaker 1 (39:32):
I know, and I used to think that was a
requirement ten years on parts. But Mark, did you just
look it up. There's no requirement or are you just
going from memory.

Speaker 12 (39:42):
No, there's no requirement that they have to make parts,
absolutely not. Now, if it falls under a warranty, like
they caught something in the emissions, they better have the parts.

Speaker 1 (39:51):
Right right for warranty work, that's a contract with your buyers.
You have to have stuff to replace. But other than that,
that's why I tell people when you're looking for a vehicle,
I love the parking lot research. You see a car
in a parking lot, you see somebody walk into the car. Hey,
how do you like that car? How did it work
out for you? I mean, honest to god, that works.

(40:15):
And obviously that's code for talking to owners. You talk
to owners or go on forums. You learn a lot
on forums. My goodness. You go online and find out
what problems people are having. Beware though, of a small
problem that turns into a big one because you have
a loudmouth. When I say go to forums, you want
to look for deep seated problems, real problems, not just

(40:38):
loudmouth smart.

Speaker 12 (40:39):
Hey, hey, Jeff, I got to ask you something, man,
So like if we were living in the Day of
the Dead here or a zombie movie and you had
to tear that thing apart and use other parts to
make it work.

Speaker 1 (40:51):
I mean, could you.

Speaker 12 (40:52):
Actually make that thing usable or it's it's literally impossible.
I'm not saying, I'm saying if you had all the
time and ye, could you make it work?

Speaker 1 (41:01):
Yeah? Is there something else you can use generally not?

Speaker 9 (41:05):
I mean these things are very very specific. I mean,
the day of the Dad, I could probably find another
parking lot and find another transmission to strip down. But
you know, if it's made for the U six sixty
one a F and I need parks for a U
six years I mean.

Speaker 1 (41:18):
So her vehicle is useless.

Speaker 9 (41:22):
I can imagine that the diagnosis that she got from
the other mechanic yes, I have not seen the vehicle. Okay,
we've taken all that for granted as well.

Speaker 12 (41:29):
And either way, did you try to source a used
transmission by any chance?

Speaker 19 (41:35):
A lot more specifics off the vehicle before I could, Sheila?

Speaker 1 (41:38):
Did you did anyone look for a US transmission for you? Yes?

Speaker 6 (41:44):
The can you hear me?

Speaker 1 (41:46):
Yes? We can?

Speaker 6 (41:48):
Okay.

Speaker 20 (41:49):
So, yeah, the repair shop that I pick it to
they looked for they tried to look for a used transmission,
and yeah, they came up empty.

Speaker 1 (42:00):
Okay. I would give Jeff a call off the air. Listen.
We're not saying, by the way that he can do it,
but at least give him a chance because he's he
sourced a lot of stuff for people in the past
for US. Kimmeer transmission give Jeff. I'm sorry, I don't.
I don't have your number out in front of me.
She didn't put it up there. Can you give us

(42:21):
your number please?

Speaker 9 (42:23):
That's three.

Speaker 1 (42:26):
Zero zero, yeah, fourteen hundred, that's what it is. Okay,
So it's three oh three six nine three fourteen hundred
and your website, Jeff, sorry.

Speaker 9 (42:36):
Again, transmission to Denver dot com.

Speaker 1 (42:40):
I love that Transmissions Denver dot com. Okay, uh, three
oh three seven one three talker is our number. I
want to go to Larry as a question for Dan
mackenzie McKenzie law, stay planning, go ahead, what's going on, Larry?

Speaker 19 (42:54):
Yeah, I have a question. I have a question, thanks Dan.
Let's say my wife and I both have a trust
and we both pass The beneficiary is our son, and
within the trust there's four grown children that each are
divvied out asset at a specific.

Speaker 9 (43:11):
Time in their life.

Speaker 19 (43:13):
What does my son do that, you know, the day
he becomes you know the benefit the executors.

Speaker 17 (43:20):
So it depends.

Speaker 10 (43:21):
I assume you have titled stuff to the trust is
as soon as he becomes aware that he is in
a position to accept that accept that trustee job, he's
still got to accept it. He probably would, but you
can't force it on anyone. They draft a short docs
man just saying I'm accepting this job. They'd notify the beneficiaries.
I don't know if your grandkids are still minors. If

(43:45):
they are not, then they would receive a notification that
they are beneficiars of this trust and at least the
sections of the trust that are relevant to them.

Speaker 17 (43:52):
So the summary is that they get told.

Speaker 10 (43:56):
That their beneficiar is of this trust and what they
can expect to receive. But then there's a period of
time I just making sure creditors are taken care of,
and assets are found and things are probably liquidated.

Speaker 17 (44:08):
But those are the initial stuff.

Speaker 19 (44:09):
Okay, okay, So my question is does he go to
an attorney to get that rolling or does he go
to a state agency.

Speaker 10 (44:17):
A state agency is not gonna be able to help.
You know, there's a lot of information out out there
about how to do it. Just like anything else. You
don't have to have an attorney. Uh, you know, depending
on how much you're handling. I usually encourage people to
give it strong consideration because there's a lot of ways
to make mistake, and especially with trusts.

Speaker 17 (44:35):
I mean, the.

Speaker 10 (44:36):
Benefit of trust is there's no court involvement. But on
the other hand, there's really no one out there to
guide you. I mean that that's the point is to
keep it private, right, So right, you do need probably
some help to understand, like, Hey, I got to go
out there and do some stuff and no one's going
to tell me what I'm supposed to do if I
don't go find it out myself.

Speaker 1 (44:55):
I hope that helps bro Oh, okay, Larry three or
three seven one three he talks, yes, Mark, go ahead.

Speaker 12 (45:01):
After the break. I got another question. In fact, that
guy kind of brought it up. But a lot of
people like, really, Dan, I mean, I've what apps if
you wake up and your spouse is just no longer breathing,
I assume you call nine to one one, Uh, they
call the mortgage. You know, really, what are the steps
when someone dies? Or or is a great questionings died

(45:22):
in the facility or something.

Speaker 1 (45:24):
It's one of it's one of the emails that I
got that almost mirrors that completely marked. They're asking, Okay,
what do you do when someone dies? In fact, that's
that's a question. Hold on, we'll come to that. I'm
Tom Martinez three O three seven one three eight two
five five. Guaranteed lowis price for furnace replacements. Guaranteed lowis price.

(45:45):
You want to furnace you want to replace it? Uh,
or an air conditioner of course, now you're thinking furnace.
Renew home Innovations dot Com three oh three nine zer
a four two thousand, three h three nine zero four
two thousand. That's renew Home Innovations dot Com. Your Troubleshooter

(46:06):
three zero three seven one three talk along with Major
Mark Mouth, I mean major Mark Major and and uh,
I want to get Sandy first, Tommy to wait. Uh,
Sandy has a question for Dan McKenzie. McKenzie loll go ahead,
Sandy your question.

Speaker 8 (46:26):
Hi, good morning.

Speaker 9 (46:28):
I need to remove someone from my trust. Can I
just print out a form.

Speaker 20 (46:32):
From the internet?

Speaker 9 (46:33):
Sign it, have it notarized for it to be legal?

Speaker 10 (46:37):
Ooh, Dan, I mean it's I assume that trust is
a revocable trust that.

Speaker 17 (46:43):
You are allowed to amend.

Speaker 10 (46:45):
And are you the You're the only person that created
that trust? It wasn't creator and my husband okay, and
he's on board with this.

Speaker 9 (46:52):
Idea absolutely, Okay.

Speaker 1 (46:55):
Yeah.

Speaker 10 (46:55):
I mean amending a trust is like you could just say,
whatever paragraph that you're amending is amended and.

Speaker 1 (47:03):
To be part of the original record.

Speaker 17 (47:04):
It's part of the original record.

Speaker 10 (47:06):
I mean sometimes amendments do make changes to other parts
of the document that people don't really think about. So
he's gonna be a little bit careful about making sure
you've really.

Speaker 1 (47:14):
Who did the original Did an attorney do it? Or
did you do it?

Speaker 8 (47:18):
You're referralist David Salisbury.

Speaker 1 (47:21):
Did it for yeah, okay, okay, and I don't think
David is practicing anymore, No, he's not. Okay, So, you know,
an amendment, unfortunately, if it's not done by the attorney
who drew it up. Correct me if I'm wrong. You're
not just going to take something and amend it, will you.
I mean you have to be familiar with the whole

(47:43):
document is Isn't that right?

Speaker 10 (47:45):
I mean yeah, the problem is like if we amend
just like that one little paragraph and something else is
wrong in the document, you know, arguably, like we could.

Speaker 1 (47:54):
Have caught that, Like you know, that's the h I
know years ago I started with me Ken's and I'm
not McKenzie. I mean, I'm Salisbury years ago, and I
know that you don't care about that document. I know
you do because I didn't finish it. But it's almost
easier to start from scratching than it is to try
to go over and amend somebody's else's work.

Speaker 10 (48:16):
Yeah, and I mean I yes, yeah, And when I'm
it's an attorney, I'm very comfortable with It's like, yeah,
you know, they're just things have changed. The law has changed,
tax rates have changed, like things have changed since I
don't know what you were told when you put together
the trust.

Speaker 17 (48:30):
So that's the challenging part for it.

Speaker 1 (48:32):
But anyway you know, you can give them auch. Do
you give estimates on stuff? Do you give estimates? If
somebody went, okay, now that new law coming in January first,
twenty twenty six, if you give any pricing, you have
to give every price, every advertised pricing. Yes, if you
do advertised pricing, it's got to include everything. You're not

(48:56):
even allowed to add a service fee or recording fee.
It's not just for attorneys, by the way, it's it's
going to have major impact on business, and businesses don't
even realize it's coming. It's an amendment to the common
there's actually a protech it too.

Speaker 12 (49:11):
There's big fines, there's there's some teeth in this sucker.

Speaker 1 (49:15):
I mean, it's something so small as if you say, now,
the easy part is you don't advertise price, right, But
if you advertise price or give a price up front,
it doesn't even have to be advertised. If you give
someone a price, it's got to include everything, even unforseeable circumstances.
So most people are going to say we're not giving

(49:37):
pricing or you know, and Mark, I forget what they
said about hourly like, can you give an hourly rate?
I think you can, right, or do you have to
give a toll?

Speaker 12 (49:48):
I think I think you can give an hourly rate.
It's kind of it wasn't written very well, to be
quite a.

Speaker 1 (49:54):
No, it wasn't it. It's scary the way it's written.
And we had one attorney, Brad O'Brien, who says it's
it puts an immense amount of pressure on attorneys, especially.

Speaker 12 (50:03):
Pretty much everything's got to come down to one price.
So for example, if you have an oil change, you're
advertising for nineteen ninety five, with the exception of sales tax,
that better include oil disposal, shop supplies and everything else
or else.

Speaker 1 (50:20):
Right, right, Okay, Tommy has an issue. He was on
the show once before, and really it's weird. It's a
weird problem because he just wants to get paid. I mean,
bottom line, he just wants to get paid, and right now,

(50:40):
the way it is, he can't get paid. That's the
simple issue. Tommy said he did work for the Catholic
Church and I got a copy of his lawsuit, which
is really god. I mean, it's just he can't get
into court. He's pissed because he can't get into court,

(51:02):
and he's going to explain that to us. Tommy first
and foremost, Tommy, I'm trying to go back to the
original problem. And sorry if we re if we go
over stuff you've already talked about. But I really need
to get this straight. When was the job? When was
the work done? Tommy?

Speaker 16 (51:21):
Up up till the twenty sixth of June?

Speaker 1 (51:25):
Well, so from June? When did it start? I'm trying
to figure out the time period.

Speaker 16 (51:34):
They just we started it in May.

Speaker 1 (51:38):
Of twenty twenty, May of twenty twenty four or May
of twenty twenty five, twenty five, and then it went
through what date?

Speaker 16 (51:50):
The twenty sixth of June?

Speaker 1 (51:52):
Okay, got it all? I need to know. That's what
I need to know, Okay. And the kind of and
and who summoned this work.

Speaker 16 (52:05):
The facilities manager through their contracts manager. Uh, we've done
a proposal, which you should have there with a signed
proposal with a mobilization see.

Speaker 1 (52:19):
Okay, And and so you worked with was it a
general contractor so to speak?

Speaker 16 (52:25):
Or was it I was the GC?

Speaker 1 (52:29):
So the person who summoned this work or authorized the work.
Was an employee of the Catholic Church.

Speaker 16 (52:37):
Yes, he was a facilities manager in conjunction with their accountants.
They actually whoever signed their proposal, I think was the
guy that came got it.

Speaker 1 (52:53):
I have a temple question. For that temple question, the
total fees? Did you say around six?

Speaker 16 (53:00):
Was it six two hundred and twenty five?

Speaker 1 (53:06):
Twenty five? Now I have a very simple question. If
we were to call the church's facility manager and say, hey,
you owe Tommy six two hundred and twenty five, would
that person say, no, we don't, he never did the work,
or it was a misunderstanding. He went way over. I mean,

(53:28):
what would do you feel the response be. I don't
believe we ever called him, right, Kitchina or Mark when
we took this original call, Deputy d you seem to
recall this. Did we ever call the church? Do you
know on this?

Speaker 9 (53:40):
No?

Speaker 1 (53:40):
Because I believe, well we recommended he go to court, right, We.

Speaker 15 (53:44):
Didn't recommend it, but that was the caller's plan was
to soothe him.

Speaker 3 (53:47):
So we just kind of discussed that. Okay, there was
no follow up for us.

Speaker 1 (53:52):
Okay, so what would they say, do you think Tommy?
It's a pretty simple matter you did the work, you
got to contract here and by the way, I don't
know if you sent me the contract, but I don't
seem to have it.

Speaker 21 (54:06):
I have.

Speaker 1 (54:07):
All I have is the first page of something, and
it is it's just one page. I mean, that's what
I have. And it says here on this page that
you sent me this lawsuit that you filed. There was
no contract for plaintiff to perform any of the alleged work.

(54:28):
So who wrote that in there? Amount of damages, claimed
the lawyer.

Speaker 16 (54:34):
But that was proven when we went to mediation that
that was the contract. Otherwise they wouldn't have paid the
mobilization fee and the facilities manager.

Speaker 1 (54:44):
Okay, okay, So all you asked if I got your email,
all I got is this one page and apparently it's
their response. And their response is I asked what their
response would be. Here's what it is. They said, there
was no contract to perform the world. The alleged contract
was terminated as to the scope sought in the complaint. Additionally,

(55:07):
without waving, the foregoing defendant requested proof of any of
this work. Plaintiff refuses to give proof of work for
the reason. Okay, So here's what I want to know. Okay,
they say you're not entitled to any relief, So what
proof do they want? What work? I'm getting right down

(55:28):
to the nitty gritty because I was out when this
first call came in, and I just need to know
what is the bottom line here? I mean, what is
the bottom line that that you are alleging you did?
What work did you do?

Speaker 16 (55:44):
I was contracted to take down a deck that was
solling apart? What deck salling apart? And rebuild it? And
the problem we had when these structures were put together.

Speaker 1 (55:58):
Like so basically so basically tearing down and rebuilding a deck?

Speaker 6 (56:03):
Yes?

Speaker 1 (56:05):
And and was that actually done?

Speaker 16 (56:09):
That demolish demolition was done under the permit U but
getting the elector to put the new permit up to
seven weeks?

Speaker 1 (56:22):
Tommy, Well, here's what I'm asking Tommy. This is not
the court right now, this is just me. Was the
deck torn down and rebuilt? Was part of it done?
All of it done? Where do we stand with the work?
You claim? You're old this money? The demolition was done?

Speaker 16 (56:40):
Was done? The demolition was done, and we were waiting
for the permits from the Building Department.

Speaker 12 (56:49):
I think there was a time frame in the agreement too,
like he was going to be done in a week
or something along those lines.

Speaker 1 (56:55):
All right, So for six thousand, So the six thousand
and two one hundred and twenty five dollars you say
you're owed is for demolishing the deck.

Speaker 16 (57:06):
No, I was paid for demolishing the deck because it
was stage payment did and what happened was we couldn't
get the permits done.

Speaker 1 (57:18):
It, Tommy, What are you owed? Tommy? I just need
to know you were paid for demolishing the deck. What
what is the six and twenty five dollars for? What
is it for?

Speaker 16 (57:31):
Well, that was in the next stage payment to get
it all the permits together, and we did you did you?

Speaker 1 (57:40):
But you did not rebuild a deck? Yes or no?

Speaker 16 (57:44):
No, we didn't rebuild the deck.

Speaker 1 (57:46):
Well, then why should they pay? I don't understand, Tommy.
I'm sorry, man, I don't understand it. You did not
rebuild a deck, but you want to be paid for it?

Speaker 3 (57:55):
I think I remember.

Speaker 16 (57:58):
Oh no, that's not don't want to be paid because
I spent seven weeks trying to get the permits done
because what was done before? Did Tommy any permits?

Speaker 6 (58:10):
Right?

Speaker 1 (58:10):
But the seven weeks that you spent, Tommy, did you
spend seven weeks every day eight hours a day? I mean,
I'm trying to be fair here, What exactly did you
do that's worth six two hundred dollars?

Speaker 16 (58:24):
I had to engage a structure engineer. I had to
work all through the permit in stage. I went twelve
times to the building department and we were called in
with all the photographs. I advertise, do you.

Speaker 1 (58:40):
Have but do you have proof that they authorize all
of that?

Speaker 7 (58:46):
Yes?

Speaker 1 (58:47):
You've Where is the proof, Tommy.

Speaker 16 (58:50):
Major, she has all the paperwork? There, she's got the paperwork.

Speaker 1 (58:55):
Okay, So you have authorization to seek a billuilding permit
and to hire a structural engineer and to do all
of that stuff. You have the prior authorization? Yes, okay.
And Kachina, I mean, and Tommy, you said you sent
that to us already, right, do we still have that,

(59:17):
Kachina Suzanne, Okay, Well, I'm not sure if we kept it,
if we didn't do anything. I got to figure this out.
I thought that's what you were sending me. You sent
me their response only put them on hold for a minute.
I like making things extremely simple to a point where
they're stupid. I like it. I like stupidity in my presentation,

(59:42):
meaning anyone with anyone, no matter what information you have,
will understand the issue. Here's the issue, as I understand it.
Tommy demolished a deck and got paid for it, and
then was to build a new one. In order to
build a new one, he went through seven weeks of

(01:00:04):
preliminary work for a permit. Okay, Now what I want
to know is the authorization to hire that engineer and
to go through that process. Are they're claiming there was
no contract for that? So Tommy, I want to ask

(01:00:24):
another dumb question. Did they know you were going through
this work for that seven weeks? Did they do they?
Were they constantly in touch with you? Were they saying
to you? Because I would have said this, Tommy, where's
my permit? Did they ever make an inquiry as to
where the permit was? What with me? You got to break?

(01:00:51):
All right? We got to take this break. I got
more coming right up. Hey, I'm Tom Martino. You're a troubleshooter. Okay,
Now here's the bottom line. I mean, it's a very

(01:01:14):
like I said, I like making things stupid. Tommy did
some work. No one's disputing it. He demolished a deck
for the Catholic Church and he was paid for it.
He then proceeded to do preliminary work in an effort
to get a permit, and during that time he amassed

(01:01:34):
about sixty two hundred dollars in bills and time and labor,
and he can't get paid. The Catholic Church says he
had no contract for that, and that's where we stand.
He said, yes, he did have authorization to do that work,
and where that's really where we stand. Here's what I

(01:01:56):
have to ask though, Tommy, and again I want to
confine myself to just what I'm asking right now, and
then we're going to go to your email. But you
say you am asked about sixty two hundred expenses. Why
did you stop trying to get a permit or did
you finally get a permit?

Speaker 16 (01:02:12):
I got the permit on the tenth of July.

Speaker 7 (01:02:16):
Got it?

Speaker 1 (01:02:16):
Okay, thank you? All right? So Deputy d what what
do you see in his exhibits as far as his
authorization to proceed in this preliminary work. I personally, if
I had a contractor spend sixty six thousand dollars to
get a permit, I'd be pretty upset unless that's just
the going rate. I don't know. I mean, I really

(01:02:37):
don't know, and I'm coming in this totally objectively here,
So go ahead, d what are your observations looking at
all of his paperwork? Hold on? Are you go go ahead? Sir?

Speaker 15 (01:02:48):
Sorry tom A few weeks ago Tommy did send us
his mediation exhibits, and his mediation was scheduled for end
of November, and their.

Speaker 1 (01:02:57):
Three and they keep postponing.

Speaker 3 (01:02:58):
By the way, he already lost in mediation.

Speaker 1 (01:03:02):
Well I don't did he lose in mediation? Is now going?

Speaker 15 (01:03:05):
As Mark said at the beginning of this at this car,
Tommy did, did mediation go?

Speaker 1 (01:03:10):
How did mediation go for you?

Speaker 7 (01:03:12):
Negative?

Speaker 1 (01:03:14):
What does that mean? They they ruled against you or
their mediation doesn't really have a rule. Mediation doesn't have
a ruling.

Speaker 17 (01:03:21):
That's a voluntary process.

Speaker 1 (01:03:23):
There's no ruling, right right, So what happened in mediation, Tommy?
Just real quick? The result?

Speaker 7 (01:03:30):
No, no answer.

Speaker 6 (01:03:32):
The lady couldn't.

Speaker 16 (01:03:35):
Make a decision because it was nice enough, but she
didn't have the knowledge.

Speaker 8 (01:03:41):
Okay, I got.

Speaker 1 (01:03:43):
You, all right, So so nothing happened in mediation? Now
now go ahead, date, there.

Speaker 15 (01:03:49):
Are three documents in his exhibit packet that kind of
stand out. The first one is a proposal dated in
April and the customer did sign this proposal accepted by
and then there's a signature and a date, and that
proposal does have a line item to reinstall deck and
railing for thirty five thousand, five hundred, So that sounds

(01:04:11):
like a contract to me. Now, the other the other
page that that really stands out to me, did that.

Speaker 1 (01:04:17):
Thirty five thousand include this six thousand.

Speaker 15 (01:04:20):
It's just that's the flat rate for the entire for
the entire let me tell you how we got to
the six thousand that he wants.

Speaker 1 (01:04:26):
So that's tying up ahead.

Speaker 15 (01:04:28):
The second of the three pages that stands out is
the cancelation email that he got from the church, and
that was July tenth, and it just says, hey, thanks
for removing our deck. We decided to proceed with another
contractor to reinstall a you deck.

Speaker 1 (01:04:42):
Thank you very much, all right.

Speaker 15 (01:04:43):
And then the third and final document that stands out,
and I think this is the one time that's going
to answer your question about how did Tommy get to
the approximately six thousand dollars that he seeks to recover
from this church. That is the final invoice that Tommy
sent to the church. That's day of July twenty fourth, okay,
And in it there are a couple.

Speaker 3 (01:05:00):
Of line items.

Speaker 15 (01:05:02):
So there's the demobilization fee of two hundred and fifty dollars.
That's fine, that's not but the cancelation fee is five
six hundred and twenty five dollars and he explains it
on the invoice as project overhead and profit.

Speaker 3 (01:05:16):
So what that.

Speaker 15 (01:05:17):
Seems to me is Tommy is trying to recover the
expected profit that he would have made from having installed
his deck, but he didn't install this.

Speaker 1 (01:05:25):
So what basically, Tommy, then you did not really spend
six thousand bucks. You're just saying that's you're lost profit
and overhead.

Speaker 16 (01:05:37):
Right, Yeah, he clused to seven weeks because Tommy.

Speaker 1 (01:05:42):
Tommy, that's not what your exhibit says. Your exhibit says
it's a cancelation fee for breach of contract basically, so
you're seeking a breach of contract penalty. That's what you're seeking.
It doesn't deliney. I think by the way, that if
it was for action will work. If you spent money
on an engineer, it should be in there, and you

(01:06:04):
should be paid for it. In other words, did they
use all this preliminary work to get a permit? You
said you were granted to permit? Did they use your
permit to go ahead and rebuild it?

Speaker 16 (01:06:15):
That's correct, that's.

Speaker 1 (01:06:16):
Great, Well man, then you should be Then you should
be paid your expenses in getting this permit. I don't
think you should be played blindly a cancelation fee. I
think you might be entitled to it. By the way,
don't get me wrong, this may very well be a
breach of contract. They it appears that they did sign

(01:06:36):
your contract, and it appears that they did. It appears
that they did breach it by hiring someone else. But
the fee is not automatic. Cancelation fees are not automatic,
and that's why the person in mediation probably didn't know
what to do. I think, first, we got two different
issues here, and see if you agree with me, d

(01:06:58):
and Mark, if you're still there, are the two issues,
one the penalty and to the hard costs. I think
it's a slam.

Speaker 13 (01:07:08):
Where did they agree to a penalty?

Speaker 1 (01:07:11):
Mark? I said, we have two issues, the penalty and
the hard costs. The penalty they did not agree to.
That's why I said, it's not automatic. It's something he
is assessing for breach of contract. I don't think he's
going to collect it unless the court gives it to him. Now,
he may very well get this penalty. I don't know.

(01:07:32):
Is the penalty spelled out in his contract?

Speaker 15 (01:07:35):
No, the contract is just a signed proposal.

Speaker 1 (01:07:39):
And so where is he getting a penalty? Where did
he come up with this?

Speaker 15 (01:07:42):
Nothing in the proposal about it, So it sounds like
something that Tommy came up with it.

Speaker 1 (01:07:46):
So I don't think Tommy Mark Mark. I don't think
Tommy's going to get that penalty. However, don't you think
he should be paid his hard costs? Especially I got
to take this break, especially they.

Speaker 13 (01:07:58):
Use this, I think just yet of fairness.

Speaker 1 (01:08:02):
We got a break, all right, we got to take this.
We're running out of time, but I want to recap this.
Tommy did some work for the Catholic Church and he
was paid. Then he went and he was proceeding to
get a permit. He was granted the permit, but they
went with another contractor to build the deck. He believes

(01:08:24):
he should be paid his overhead and profit. That's something
he's taking them to court for and that's the proper venue.
So he's right in going to court to try to
prove that the breach of contract costs him money. However,
I don't think you should have to go to court
to get paid his hard cost for the permit. If
the permit was indeed used, how can they use all

(01:08:50):
the work he did to get a permit and then
say no, we're not going to pay for So Tommy again,
I know you want to cover the whole thing, but
just let's take one it amount of time. You're sure
they used the permit that you pulled in order to
build the deck.

Speaker 16 (01:09:10):
They went and changed it at the building department and
the building department, but.

Speaker 1 (01:09:16):
They used all of your They used all of your
preliminary work to get it. Yes, and do you have
any hard costs that you can send us on that,
because we would have people contact them for it. Hold on,
we got more coming up on the Troubleshooter Show. Yeah,

(01:09:40):
ripped up need advice, so you don't have.

Speaker 5 (01:09:48):
Come running just as the cab Shooter's gonna help.

Speaker 18 (01:09:53):
Come Dix is the Troubleshooter Show. No, Tom Martinez, Hey.

Speaker 1 (01:10:01):
Tom Martino here, Welcome to the show. Three oh three
seven one three talk three oh three seven one three
eight two five five. This hour brought to you by
renew home Innovations dot Com. Remember the lowest price for
furnaces guaranteed any replacement of furnace or water heater or
air conditioning, the guaranteed lowest price. They want you to

(01:10:23):
take them to task at this So now obviously you've
got to compare apples with apples for renew Home Innovations
dot Com three oh three nine zero four two thousand,
nine zero four, two thousand. So any problems, questions, complaint
you have, we're taking. We have Dan McKenzie with us
from McKenzie Law for a state planning. We had a
few questions answered there. We have a few more that

(01:10:45):
will be coming up. But I want to finish up
with Tommy and we we there's two issues with Tommy
in our opinion. One is UH a breach of contract
and what are his damages? That's gonna be for a
court of law. I do know that you can't just
arbitrarily assign a number to a breach of contract, but

(01:11:07):
there are definitely damages if someone hired and accepted your
proposal and then canceled it. But that's for a court
of law. The other issue hard costs in obtaining a permit. Listen,
if this guy hired an engineer, did plans running around

(01:11:30):
in all of that, there's some associated hard costs to
getting the permit. Unless the church claims, and we're talking
about the churches that happens to be the other party.
It would be disingenuous for the church to say we
didn't authorize him to do that and then use the permit.

(01:11:53):
And that's where we don't know if they used his
permit or if that new contractor went and got his.

Speaker 15 (01:11:58):
Own, and if they didn't. Even if they didn't use
his permit, it's still a hard cost he incurred in anticipation,
including the contracts.

Speaker 1 (01:12:08):
I think with the right I just said, it would be.

Speaker 15 (01:12:12):
Pretty sneaky, and I think illegal because the contractor's name
appears on the permit itself, so no other contractor can
use it.

Speaker 7 (01:12:21):
Now.

Speaker 15 (01:12:21):
I do have one of the exhibits that Tommy sent us,
and it does talk about his hard costs. There are
three line items on it which which I which I
actually agree with. So there's an engineering cost of seventeen
hundred and paid out to my bar engineering and then
there is something called contract administration fee to real estate
Property Services company that's a thousand dollars.

Speaker 1 (01:12:43):
What was that? Actually? What was that, Tommy? That contract
administration cost? What was that?

Speaker 16 (01:12:50):
Because I'd done all the type of work and all
the invoices and okay.

Speaker 1 (01:12:57):
Okay, got it.

Speaker 3 (01:12:58):
I got it.

Speaker 15 (01:12:59):
And then the third and final thing I'll mention on
Tommy's hard costs that I'm aware of is the Douglas
County permit fee of five hundred and sixteen bucks.

Speaker 3 (01:13:07):
So, based on this exhibit, I.

Speaker 15 (01:13:09):
Do see how time he can recover or should justly
recover about twenty two to twenty three hundred dollars in
hard costs.

Speaker 1 (01:13:15):
Yeah.

Speaker 15 (01:13:16):
Now the rest of what he's asking for is his
cap overhead and profit.

Speaker 3 (01:13:20):
That's the part that's going.

Speaker 1 (01:13:21):
To be dicey. Yeah, And that's what he'll have to
go to court for and he's perfectly willing to do it.
But that brings us to our night. The issue he's
really calling about. He's saying he can't get to court.
He's saying, listen, they're doing everything they can to foil me. Tommy,
explain that.

Speaker 16 (01:13:39):
I had a court date to the twenty sixth of August,
and I changed it to the twenty eighth of September.
Then they changed it to the twenty sixth of November,
and last Friday I got a notice saying they're going
to change it to the twenty fifth of February next year.

Speaker 1 (01:14:00):
So here's what I want to know, because Deputy d
takes a lot of people to court for just causes.
In my opinion, D is this a common thing to
have four four delays like this?

Speaker 15 (01:14:13):
Yeah, I mean it would be interesting, Yeah, absolutely. Now
it's it'd be interesting to see who's asking for these
delays and what's actually being delayed is that it's some
one of a preliminary hearings. Is it going to be
a reason to the judge? Yeah, yeah, I've always seen
a reason.

Speaker 7 (01:14:28):
Now.

Speaker 15 (01:14:29):
To give you an example, Tom, I'm going to a
trial tomorrow which actually started in the first week of June.
We were halfway through the trial when the defendants suddenly
remembered a surprise witness that he should have called. So
the judge gave him a five month adjournment, god five
and a half month of Germany. That's what Denver County

(01:14:49):
does for you. So I'm not surprised However, these none
of these should be a surprise to Tommy. The other
side is always supposed to give you a copy of
what they're going to file before.

Speaker 3 (01:15:00):
They filed itself.

Speaker 1 (01:15:01):
You mean a continuance.

Speaker 15 (01:15:02):
Yeah, if they're asking for continuances, Tommy should have input
into that.

Speaker 1 (01:15:07):
So so, Tommy, did they give you copies of motions
for a continuance?

Speaker 7 (01:15:14):
No?

Speaker 1 (01:15:16):
So wait a minute. When it was continued, they just
sprung it on you. I mean you just how did
you find out about it? For example, this latest one
that was supposed to go to court this month and
was continued until February. How were you notified of that, Tommy?

Speaker 16 (01:15:33):
Because I tried to change from the county court to
small claims. That took four weeks for the judge to
decide No, he didn't.

Speaker 6 (01:15:42):
Want to do that.

Speaker 16 (01:15:43):
And then I got a letter an email from the
from their representative in division saying, we didn't see that
you've confirmed this.

Speaker 8 (01:15:56):
Well, of course.

Speaker 1 (01:15:59):
They didn't ask that this is not The defendant didn't
ask for the continuing the court did. The court said, listen, man,
you know we're not going to small claims court. Do
you want to continue? We didn't hear from you. So
we're so they put it off until February. This is
not the church that did this.

Speaker 15 (01:16:15):
You can't change courts, by the way. So the only
way Tommy can get into small claims.

Speaker 1 (01:16:19):
Now file this, yeah, dismiss.

Speaker 3 (01:16:22):
And then suit them again in small claims. If that's
where he wants to go.

Speaker 1 (01:16:25):
I think he should have done small claims to begin with.

Speaker 16 (01:16:27):
Jus was for the twenty six of November.

Speaker 1 (01:16:31):
I understand that, but they it's not the Catholic Church
that asked for the continuance. Just read that freaking notice
you got, Tommy. It's saying the court did it. They're
the ones that did it because they didn't hear from you. Look, look,
I think I think everything you're doing so far is correct.
I know it's a pain in the ass that you

(01:16:52):
now have to wait till February, but I think you
have a pretty good case. Again, you're going to have
to substantiate first that you had a contract, which to
us now we're just giving our lame opinion. It's not
a legal opinion, and we're saying it looks like you
had a contract. Then you're gonna have to establish that
they breached the contract. That's pretty easy, they said, Hey,

(01:17:14):
we're going with someone else. Then, third, you're gonna have
to establish some damages. Hey, I would have done this job.
I would have done that job. I would have. You know,
I'm being screwed out of money here. So I have
something to ask you though, Tommy, and again it's for
your damages. Did you have work you missed out on

(01:17:38):
because of this?

Speaker 7 (01:17:40):
Yes?

Speaker 16 (01:17:41):
I was specifically asked by the facilities manager because there's
three more decks to do after that, not to take
work away my team away, to stay with the program
because he wanted to get all of these decks finished.

Speaker 1 (01:17:58):
Well, that's not this current contract. I'm talking about the
current contract, not future promises. Did you fill in your
schedule for the time you would have built this deck
or did you miss out?

Speaker 7 (01:18:12):
I missed out?

Speaker 1 (01:18:13):
Okay, Tommy, good luck to you man. Again, I would
have if you want, we will. We would call them
for your fixed costs. But are your hard costs on
this permit? But I don't think that. I think you
should just bring that up in your whole case. Anyway,
if you're going to court for one thing, it's unlikely

(01:18:34):
they're going to want to settle for that without you
releasing them from everything.

Speaker 15 (01:18:38):
Well, you're gonna say, I think that based on what
I've heard from Tommy during our previous call, in this one,
he's going to have trouble, Tommy, I think, and don't
take the strong way, but you can have trouble with
procedures in county court. I think you can get out
lawyered in about five seconds. And I based that on
the fact that you're not reading these communications from the court.
You're not sure who's keeps postponing, you're even surprised that

(01:18:59):
things are getting postponed. So I think you can get
blown out in county court your best bet.

Speaker 3 (01:19:04):
And if I were you.

Speaker 15 (01:19:06):
Not following procedures, not being very good about reading this
kind of stuff, I would go to small claims court because, man.

Speaker 1 (01:19:12):
But he has to dismiss this.

Speaker 3 (01:19:14):
Yeah, he has to file them.

Speaker 1 (01:19:16):
They can. Can he be prevented from refiling if he
dismisses this.

Speaker 3 (01:19:22):
I don't think so.

Speaker 7 (01:19:22):
Dan.

Speaker 15 (01:19:23):
Can you think of any reason if he dismisses a
county court action and then tries to sue them.

Speaker 1 (01:19:28):
I mean, he's shown him in the county and he
wants to Let's say he wants to go to small
claims court.

Speaker 10 (01:19:33):
If they answered it, I mean it sounds like they Yeah.

Speaker 13 (01:19:35):
They did it.

Speaker 1 (01:19:36):
It was a very simple answer. But I read that
in the beginning they're basically saying he didn't have any contracts.

Speaker 10 (01:19:42):
Once they answer, you can't just dismiss it because people
would do that.

Speaker 1 (01:19:45):
Oh interesting to get them to agree to let it.

Speaker 17 (01:19:51):
Let him dismiss it without prejudice, that's the term.

Speaker 1 (01:19:53):
And they're not going to do that. They're going to say,
if he dismisses it, we don't want them coming back. Yeah,
this was their response. There was no contract for plaintiff
to perform perform any of the alleged work, or any
alleged contract was terminated, as the scope sought in the complaint. Additionally,

(01:20:15):
and without waiving, the foregoing defendant requested proof of any
alleged work, but plaintiff refuses to provide such proof. For
these reasons and the reasons that will be outlined at trial,
plaintiff is not entitled to any relief. That to me
personally doesn't sound like it was written by an attorney.

Speaker 3 (01:20:37):
Yeah, I agree, I haven't seen it. I didn't realize
there was an answer filed.

Speaker 6 (01:20:41):
But it was.

Speaker 1 (01:20:43):
This attorney is listed here as the one who filed.
So you just have to let nature take its course,
so to speak, Tommy, because it's too late now to
move it, and it's also too late to negotiate with them.
I mean no, no, it's too to suttle. It's not
too late to neglgia. I shouldn't have said that for

(01:21:04):
us to get involved. I think it might be too
late because right now I think that these guys, I
think they they are looking forward to court personally.

Speaker 15 (01:21:14):
Yeah, I think they might lose on the hard costs
provided that time.

Speaker 3 (01:21:18):
He can follow court procedures in county court.

Speaker 1 (01:21:20):
Yeah, now when you talk about court procedures, we should
talk about that. Coming up, I'm Tom Martinez. We got
more coming up on the Troubleshooter Show, and also we're
going to talk to Dan McKenzie. I've gotten some texts
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Speaker 1 (01:27:30):
Hey, I'm Tom Martino, your trouble maker, well trouble shooter.
We got Dan McKenzie with me, Mackenzie Law. He does
will's estates, probate, avoiding probate, facing all kinds of issues
when it comes to a state. And we did have
a question, and I'm finally getting around to it. What
do you do when someone dies? Now, let's take, first

(01:27:52):
of all, when a spouse dies, and then let's take
when someone in your family dies, Like it depends on
your standing. I would, but I can't tell you how
many people email or text us saying what do I do?
What do I do? So let's talk about this, and
we're all all the mics are open here. So what
is the first thing you do? I mean, let's say

(01:28:15):
your spouse dies, what's the first thing you do? Now, obviously,
let's dispense with the corner or the ambulance. Are all
at okay? That that's what do you do? Legally? What's
the first thing you do?

Speaker 10 (01:28:28):
Well, somebody's going to be probably interested in that person's
financial affairs. Somebody is going to realize, like, look, there's
a house here that we need to keep going or
sell or how are we going to get the authority?

Speaker 1 (01:28:38):
My spouse dead? Who do I call? Do I call
you right away? Do I call an attorney right away?

Speaker 10 (01:28:45):
Obviously I think that's not a bad idea. But you know,
if you're joint with your spouse, it really depends on how.

Speaker 1 (01:28:50):
And you would find everything. And we're assuming that if
your spouse dies, you're thinking, wait a minute, I know
where the will is, right, I mean, that's that's numeral.
Know a will, even if you have a trust, isn't
a will something that says, look at the trust. You
always need a will, whether it's simple or complicated.

Speaker 10 (01:29:09):
And if you have custody of that original will, you
do have to hand it over to your local probate coort.

Speaker 1 (01:29:15):
Now, and this has come up before. So this new spouse,
I say, relatively new, who knows how many years, but
this has come up more than once. She says, here's
my husband's will, and the kids say, that's not the
will we have.

Speaker 10 (01:29:33):
What happens in a case, I mean that's going to
be a court hearing, probably inhabit entry your hearing, and
people are if it's.

Speaker 1 (01:29:39):
Not it is more than people know. So if you're
a new spouse and I say new a second spouse,
let's say, or a third and the kids are different
from you, they're not your biological children, you need to
estab well, even actually even with your biological children, you
need to establish a will and that the proper will

(01:30:00):
bill is on file somewhere. When I say on files,
am I even speaking? Am I speaking out of sable?

Speaker 10 (01:30:05):
So that's the lodging process, right, So you take that
will and you put it on file with the court
that is lodging it.

Speaker 1 (01:30:10):
That does not mean literally they have a data bank
of wills. Yeah, they do. Yes, If can I go
and find out if Deputy D has a will lodged somewhere?
Can I go and ask to look at it?

Speaker 17 (01:30:23):
Explain what your interest in the estate is.

Speaker 1 (01:30:25):
If I don't have an interest, some nosy, can I
get it?

Speaker 10 (01:30:28):
I mean there's There are lots of examples of famous
people whose wills are widely available. So I'm not going
to say no, but usually it usually you have to
watch be an air or a relative or creditor. Even
my creditors can get access.

Speaker 15 (01:30:44):
What can Tom say, Hey, you know, Dmitri promised to
leave me his town car if you ever get.

Speaker 1 (01:30:51):
Money.

Speaker 10 (01:30:52):
Yeah, I mean yeah, people people do. Creditors can start
a probate process. Oh great, it doesn't have to be
the family member. Oh wow, so you know then what? Okay?

Speaker 1 (01:31:03):
So, so you have a will, you have to present it.
Where do you present it? Like? That's what I mean. Okay,
So my spouse dies, I know the will is in
the safe. I go get the will. What do I
do with it?

Speaker 17 (01:31:17):
So you figure out what county you're in and you
take it to that.

Speaker 1 (01:31:20):
Where the will was lodged or where the county she
died or he died, and where they were a resident of. Okay,
so at the time of death, where were you a resident? Yeah?
Now that could be different than the original county where
you drow up the will. Oh sure, but it doesn't matter,
doesn't Wills are basically a state matter. They're not a
federal matter. Correct. Okay, So I go to the county,

(01:31:44):
what do I do? Open probate immediately?

Speaker 6 (01:31:46):
No?

Speaker 10 (01:31:47):
I mean I guess you're gonna need to determine, like
what did this person own? I said, like, we go
find everything, they had any ownership interest in it all,
and just go through and figure out does it have
a joint owner on it, who's still alive? If so,
they now own it, did they have it has need
a beneficiary on it? If so, it's going to that person.
Is it a trust, so the trust agreement needs?

Speaker 6 (01:32:05):
So?

Speaker 1 (01:32:05):
Is probate court the last stop?

Speaker 3 (01:32:07):
Probate?

Speaker 10 (01:32:07):
It's the last Like after all that stuff, if you
still have either eighty six thousand dollars worth of stuff
or real estate, you're going to have to open probate.

Speaker 1 (01:32:15):
Now you say real estate because it is titled, correct,
and anything titled needs probate to switch title except for
a vehicle.

Speaker 17 (01:32:23):
Real estate needs just real estate okay.

Speaker 1 (01:32:27):
And you can't change real estate without probate unless there's
a beneficiaries deed or something like that. Right. Okay, So
there's a beneficiaries deed and it goes to someone, is
it automatic or do they have to now file what
do they do If my son, my biological son, or

(01:32:48):
my friend is left a home in a beneficiary deed,
what do they do?

Speaker 10 (01:32:54):
They need to record that person's death certificate with the
county where the real.

Speaker 1 (01:32:58):
Estate is and then is a new deed issued.

Speaker 10 (01:33:02):
No no, no, So like next time, like if they're
going to sell us some type of company to search
for that, they're gonna find that deth certificate when they're
doing their search. So they're gonna see, look, this person
was an owner on there and there's a beneficiary deed,
any death certificate, it's been recorded.

Speaker 1 (01:33:17):
So it's it's automatic. If I want to get a
deed with my name on it, can I do it?
Like I have a death certificate, I have a benefit
Every d sure adeed has your name on it. Oh okay,
I get it so it says to the benefit of
and then that's me. And with the death certificate it
makes it complete. Yeah okay, yeah, then I can then

(01:33:39):
sell or deed it away correct and I okay.

Speaker 15 (01:33:44):
Tom, I'd like to shift gears for a moment if
I may to another really important service at Dan McKenzie Props.

Speaker 1 (01:33:50):
And by the way, anyone with any questions either for
Dan or for anything. If you have a problem, question, complain,
give a call. We have open lines right now three
zero three seven one three talk seven one three eight
two five five. And also I want to remind you
we we're gonna have some best of us later in
the week and all that. So get if you have
a problem now and you don't want it to wait
for a long weekend, and give us a call three

(01:34:12):
oh three seven to one three talk, or you can
call three oh three Martino three oh three six two
seven eight four sixty six. Go ahead, De Tom.

Speaker 15 (01:34:20):
I went to Dan's seminar at the Four Seasons, so
thank you for the invitation, Dan, And the most important
thing that I learned was that he provides a different
kind of service, which is asset protection against creditors. Now,
what I didn't realize until he brought this up during
the seminar is it's not creditors like I think of,
you know, Visa and MasterCard and American Express creditors. It's

(01:34:40):
if I am God forbid the at fault party in
a car crash and injure somebody, and those claims are
that judgment exceeds the limits of my insurance, or if
I'm not insured. It's that kind of that person is
a creditor, and it's that kind of asset protection that
really interested me. And Dan discussed certain and the rigor
of the estate the more of a yeah and you know,

(01:35:02):
and he said, look, you know, we can establish certain
trusts that will, after a certain period of time, protect
your assets from creditors. Now it takes them like a
couple of years to become effective. But Dan also mentioned
that there are other states where we can open trusts,
like Wyoming, and I think USA, Nevada, or.

Speaker 17 (01:35:19):
Montana's thirteen of them.

Speaker 15 (01:35:20):
Yeah, so Dan, I have a feeling that's a really
undermarketed part of your service. I think that's of interest,
is what the asset protection part of what they think.

Speaker 1 (01:35:30):
That's probably one of his main one of his main focuses.

Speaker 10 (01:35:34):
Right, I mean it's usually built in for like leaving
money to a future geration.

Speaker 1 (01:35:38):
I think most people go to him for that. Maybe
I'm wrong.

Speaker 10 (01:35:41):
I mean a lot of people think putting his money
into revocable trust is going to give them asset protection.

Speaker 1 (01:35:45):
It doesn't.

Speaker 10 (01:35:47):
Why doesn't it because you still have full control of everything.

Speaker 1 (01:35:50):
All right? We got to talk about that, like why
and how do you get asset true asset protection three
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the way, one of one way to protect yourself in
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(01:36:11):
many many times, and they'll be honest with you. It's
three oh three nine nine six nine thousand. Three oh
three nine nine six nine thousand. I'm Martino, your troubleshooter.
We got a question from John. John, Welcome to the show.

(01:36:31):
What's going on? John? Hey, Holly good Man, what's going
on with you? John?

Speaker 21 (01:36:38):
I I if if I were to die tomorrow, who
who's responsible for my remains? And if the amount of
money that I have is I don't know, shick seven

(01:36:59):
doubts dollars, if they would sell everything, who takes care
of all that?

Speaker 1 (01:37:06):
In other words, that's a good question, John. Let me
ask you a couple questions first, then we'll ask Dann mackenzie. Now,
are you alone in life? Do you have family? Like like,
are you married? Just tell me a little bit about
yourself because the answer has to do with who you
are and who you know and who you're related to?
So what is your situation right now?

Speaker 6 (01:37:27):
And I'm.

Speaker 21 (01:37:30):
I'm not married. You know, I divorced your first rife,
the second wife died. You never cared for any of them.

Speaker 1 (01:37:40):
Okay?

Speaker 7 (01:37:41):
How long?

Speaker 1 (01:37:42):
How long have you been divorced or separated? Let's start there.

Speaker 9 (01:37:48):
Years?

Speaker 27 (01:37:48):
Years?

Speaker 1 (01:37:49):
Okay, so you've been single. You've been single for more
than twenty years. Do you have any children?

Speaker 6 (01:37:56):
Yes?

Speaker 1 (01:37:57):
How many biological children?

Speaker 7 (01:38:00):
Three?

Speaker 1 (01:38:02):
Do you keep in touch with them?

Speaker 21 (01:38:06):
Two of them? Know, havn't spoken with them in years?
You know?

Speaker 7 (01:38:12):
One trying to?

Speaker 1 (01:38:14):
Okay, if you are alone in life basically what you are,
and you have three biological children who you have little
or no touch with, most likely when any of them
hear about your death, they're going to come in and
swoop in and get whatever is there, most likely. But
I don't know, Dan, what happens to people that are

(01:38:36):
mostly alone? What happens?

Speaker 7 (01:38:39):
Well?

Speaker 1 (01:38:40):
You people? I mean, who really does? I mean, if
he doesn't have a will and he dies right now,
what's going to happen? What happens? I mean, does the
state take his stuff? Who goes in and takes his stuff.
I know the I mean, this is crazy stuff. You
mostly deal with people who have people. That's why you're

(01:39:01):
in a state attorney. I mean, people in his situation
don't need an a state attorney. Right. What happens right
now he has about Are you saying, when all is
said and done, your total worth when you sell everything
and payoff bills would be about six grand?

Speaker 21 (01:39:21):
Yeah?

Speaker 1 (01:39:23):
Well, no one will come in and do that, right,
I mean, who's gonna Who's going to go in and
sell off his stuff and garner six grand for themselves?

Speaker 8 (01:39:30):
Yeah?

Speaker 21 (01:39:31):
But if I if I go out and I hang
myself tomorrow? Why And now, I mean.

Speaker 1 (01:39:40):
If you don't designate someone, and even if you do
designate someone, they someone. That's one of our texts. We
just got someone was designated personal representative and they want
nothing to do with it.

Speaker 21 (01:39:54):
So I thought that with the responsibility of family taking
them in the corpse?

Speaker 1 (01:39:59):
No, no, I don't think they can. I don't think
that they can iner that to you, can they?

Speaker 7 (01:40:05):
Now?

Speaker 1 (01:40:06):
I don't think there's anything they can force a survivor
to do anything.

Speaker 21 (01:40:12):
So I could pack up my valuables nail it to
one of my siblings and.

Speaker 1 (01:40:25):
Oh you have siblings. How many siblings do you have?

Speaker 21 (01:40:28):
Well, no, no, no, I'm talking about my kids.

Speaker 1 (01:40:30):
Oh, okay, your kids.

Speaker 21 (01:40:32):
If I wanted all my property, Let's say I have
right now, five thousand dollars worth of silver, gold, whatever.

Speaker 1 (01:40:40):
Right, and.

Speaker 21 (01:40:42):
I want one specific child to have that, and it's
you pack it up and I nail it to them,
and then I die tomorrow. Is he going to be
responsible for any of the costs of my death, of
being buried?

Speaker 1 (01:40:58):
That's a good question. No, because it's outside the estate
right day, lifetime gift that you just need. You just
gave a gift and there's no responsibility that they use
it to pay off anything. But if it's in probate,
they do have a responsibility. That's what's odd. Right, So
if you give a gift, by the way, you're allowed
to gift anything to anyone without any taxes up to whatever.

(01:41:23):
Sixteen million dollars right.

Speaker 17 (01:41:26):
Yeah, fifteen.

Speaker 10 (01:41:28):
Yes, it's confusing because yes, you have gift tax returns
if you give people a large gift.

Speaker 1 (01:41:33):
But yeah, there's a gift to every return, but there's
no tax on it. There's no tax, and people go
through all kinds of extremes trying not to do a
gift tax return. And there's no tax due on any
gift you give for ninety nine percent of us Okay,
so yes, you can give a gift in life. He
doesn't pay tax. You don't pay tax. You've already paid

(01:41:54):
taxes on that and it's theirs. Now. If you give
a gift where tax wasn't collected, like an IRA, then
tax would be paid when they cash it out. But
there is no requirement that they pay off your bills.
The only requirement about paying off bills, Dan, let me

(01:42:15):
get this straight is if you inherit money in an
estate and probate, then you have to make sure that
bills are paid or you have to make a good
faith effort.

Speaker 10 (01:42:25):
Whoever's running that probate needs to do it, because if
they distribute funds the predator shows up, they're gonna be
personally liable for that.

Speaker 1 (01:42:31):
Okay, who they won't do that? Would they be personally
hold on one second? Would they be personally liable beyond
the amount that they kept or just for In other words,
if somebody had a one hundred thousand dollars debt and
I inherit from that person ten thousand dollars in artwork.
And I don't pay down that one hundred thousand dollars debt.

(01:42:56):
They can't come after me for the full one hundred thousand.
They can only come after me for the ten thousand
in art right, right.

Speaker 10 (01:43:03):
And it's really going to be the personal representative who
gave you the ten thousand dollars worth of stuff that's
gonna have the problem, right.

Speaker 17 (01:43:09):
I mean, it's the creditors are going to come after.

Speaker 1 (01:43:11):
Right, But they're not going to come after them for
the full amount. They're only going to come after them
for the distributed amount. Right.

Speaker 17 (01:43:18):
Well, yeah, presumably you use the reci they off there.

Speaker 1 (01:43:20):
No, that's a good question.

Speaker 6 (01:43:25):
I don't.

Speaker 21 (01:43:27):
I don't want my twenty year old son to be
liable or he won't be.

Speaker 1 (01:43:34):
He won't be. You can give him anything you want,
he won't be liable for anything. He doesn't even have
to pay tax on it.

Speaker 21 (01:43:41):
And they and the state can come and say, hey,
you know your dad, you had to bury him. It's
gonna that's a.

Speaker 1 (01:43:49):
Good that's a good point. You could literally he could
literally leave one hundred grand to his kid and the
next day die and the state can't make that kid
do anything.

Speaker 3 (01:44:00):
Right.

Speaker 1 (01:44:02):
I don't know if you're listening, because you were talking
while we were saying this. But the answer is that
son who inherited money or who was given money as
a gift, while he's alive and while you're alive, does
not have any obligation at all. None could bury me.
Or that's right, or we've said it now, We've said

(01:44:25):
it now five times. Okay, that's right, no responsibility, thank you.
So send your kid money, let him be on his way.
And if they find you dead, what happens? I mean,
the state? Who does eventually take care of it? The county,
the state? What is there such thing called a porper's grave?

(01:44:45):
I mean, I don't know what the hell goes on?

Speaker 10 (01:44:47):
What I think there's still some process. I mean, this
is not usually what I'm dealing with.

Speaker 1 (01:44:51):
Of course, of course, you're dealing with people that haven't
a planet. Okay, Rich, I'm gonna come back to you
when I get I gotta take this break and d
hang on. We got more coming up on the Troubleshooter Show. Hey,
I'm Tom Martino. You're a troubleshooter. Okay, Rich, what is

(01:45:14):
the scam you're calling about? Hello? Rich, welcome to the show.
What's going on, man? How are you good? What's going on?

Speaker 6 (01:45:20):
Rich?

Speaker 27 (01:45:20):
I'm an artist and I have I'm an artist and
I have paintings for sale on my account on my
Facebook and somebody, oh, yeah, to buy one for nine
to fifty and they said they could do it through Zel.
So they said they sent the nine fifty to Zel and.

Speaker 6 (01:45:39):
For me to look for it, get an.

Speaker 21 (01:45:41):
Email, and then they said, check my spam account.

Speaker 27 (01:45:43):
Check my spam account, and there's an email from from.

Speaker 7 (01:45:48):
Zeladzel dot com.

Speaker 27 (01:45:51):
And what the scam is is they're saying, I don't
have a business account, so I need to be become
a grant or and put five hundred dollars into this
account and then my Zell account will be credited with
fourteen and fifty dollars and everything will be just fine.

Speaker 6 (01:46:08):
Well that's you know what that is?

Speaker 1 (01:46:10):
Well, yeah, but Bridge, the way you get around that
is that you personally open a Zell account at your bank.

Speaker 9 (01:46:17):
I haven't a Zell acount.

Speaker 27 (01:46:20):
Oh it never even it never went through and okay,
got it. Yeah, I can give you the number of
what they told me to call if I it.

Speaker 6 (01:46:33):
Says, let me see, let me put my glasses on.

Speaker 8 (01:46:35):
Just think.

Speaker 1 (01:46:36):
Yeah, give us the number. I want one of my
YouTube morons to call. That would be great. Yeah.

Speaker 27 (01:46:41):
It says, uh, what am I supposed to do? For
further questions?

Speaker 6 (01:46:47):
Call and it's.

Speaker 27 (01:46:49):
One for zero nine for zero nine yeah, three.

Speaker 1 (01:46:55):
Three five one uh huh.

Speaker 27 (01:46:58):
Two seven seven seven two?

Speaker 1 (01:47:02):
Wait two? So oh okay, got it? Okay. So it's
four zero nine three five two two seven seven two.
And they said no to call this out.

Speaker 27 (01:47:12):
No, no, no, wait it's two seven seven No, I'm sorry,
it's seven seven seven two.

Speaker 1 (01:47:19):
Okay, God almighty, okay, let me let me do that again.
It's four oh nine three five two seven seven seven two.

Speaker 7 (01:47:32):
Correct.

Speaker 1 (01:47:33):
Okay, So they told you to call that number when.

Speaker 27 (01:47:39):
When I wanted so, I knew what to do, and
they technically want me to put five hundred dollars somewhere.

Speaker 6 (01:47:44):
I don't know why.

Speaker 1 (01:47:45):
Why don't you call it? Why don't you call that number?

Speaker 27 (01:47:49):
Because I thought it was the scam?

Speaker 21 (01:47:51):
I called my my bank.

Speaker 1 (01:47:52):
It is it probably is a scam. There are so many,
you know what, there are more scams than there are
legit things on you know, Facebook marketplace should be called
Facebook scams. I have heard. Honest to god, I have
heard of so many people doing Facebook Marketplace and getting

(01:48:14):
ripped off. In fact, I how does anyone I want
to know this because someone asked me this the other day.
My son asked me how does he sell something and
make sure he's going to get paid? And I told him,
you know what, son, I don't know. I swear to god,
I don't know. He has He has literally some cards, cards,

(01:48:36):
Pokemon cards worth five thousand dollars. No, they were graded
by a by these professional organizations, and they're in packages
and everything. And he said, how do I sell it?
And I said, I don't know, but I'll bet you
what he said, Do I go on Facebook Marketplace? I said,
if you do, you know exactly what's going to happen.

(01:48:58):
Somebody's going to scam them. But how even if they're
not a scammer, when when do you send it and
when do you get payment? How do you do it?
I want to know how people sell things because what's
the normal way in eBay? Do you send the money
first and then they send you the stuff and then
you go buy their ratings. I'm asking because I truly

(01:49:21):
don't know the best way to do it. So let's
talk about that coming back. How would you do it?
D would you send money before you got product?

Speaker 3 (01:49:31):
No?

Speaker 15 (01:49:31):
I don't buy anything on eBay except from established vendors
where I pay with a credit card. But if something
I would ask for a US postal money order.

Speaker 1 (01:49:40):
All right, we got more coming up. Let's talk about
that and more.

Speaker 5 (01:49:50):
Ripped so you don't have She's gonna help come.

Speaker 18 (01:50:05):
Dix is the Troubleshooter Show. No, Tom Martino.

Speaker 1 (01:50:10):
Hey, I'm Tom Martino, and I thank you for everything.
That's what I thank you for being part of this show.
And it's the time of Thanksgiving. So what are you
thankful for? Well, obviously I'm thankful for beating cancer. And
I say that, Well, it's a little weird to say that,
because you know, I didn't really beat it. I mean

(01:50:33):
it was beaten right and so far right. And I
say so far because you know, you can't emphasize enough
that for some reason, once you've had cancer of any kind,
you got to be screened afterwards for that reoccurrence possibility.
And somebody coined this phrase before me and she had

(01:50:57):
cancer and we were talking. We were at an event
and we were talking. She said, and I said, my
first scan post treatment and surgery and all that is
going to officially be December fourth, And I said, I'm scared.
I'm a little nervous. She goes, it's sc anxiety. Think

(01:51:22):
of that. Sc anxiety. What a great term. Right. Anyway,
I'm thankful that on January second, when I was diagnosed
with pancreatic cancer January second of this year, that somehow,
by the grace of God who knows, somehow, it was

(01:51:44):
contained and it never spread anywhere during the time I
was in chemo and waiting surgery. Then I had surgery
and then more chemo and then radiation, and it's always
been contained and then it was removed. So I'm naturally thankful,

(01:52:04):
but I'm a little afraid and I don't even And
here's the question that I think I'll be asking the
rest of my life. Why, I mean, why is it
that some people get cancer and other people don't. I mean,
because it's not necessarily what they're doing. It's just weird.

(01:52:26):
It's weird. If anyone took care of themselves, I would
be the definition of that. On what I put into
my body and how I exercise and how I and bam,
you know. So can't brag about that, but it's just
I know that according to our health experts that we've
had on the show all these years, we're all in

(01:52:48):
a state of controlling cancer. The energy it takes to
contain our cells is what ward's off cancer. It's the
natural killer cells and other systems we have that keep
us who we are. Really. I mean that I want
to get too philosophical, and I will get to the phones,

(01:53:08):
but in essence, our body, our collection of cells, take
a lot of energy to be this collection of cells.
So to be me, to be you, to be Deputy Dimitri,
to be Deputy Bo, to be our expert today, Dan McKenzie.

(01:53:29):
It takes a lot of energy for those cells to
be you. And we're in a constant balance of reproduction
of these cells without over reproduction. It's a constant balance
because the default. Here's what you need to know, and

(01:53:49):
this is just the truth. The default mode for cells
is cancer. It's the default. It's not the fault. It
is the default. Any cell in your body, when left alone,
becomes cancer. It replicates, It does what it's supposed to do,

(01:54:13):
but it forgets where it is. So in my pancreas
on the head of my pancreas. It forgot. It was
supposed to play nice with the other pancreas cells. And
in a liver it sometimes forgets. It's a liver cell.
In a brain, it forgets it's a brain cell, and
it becomes just a cell, and just a cell is

(01:54:38):
what replicates, and we call cancer. They're actually the healthiest
cells in our body. Anyway, I digress. I want to
talk to D. I hate going from such a heavy
subject and laying this on a caller, but D, this
shows all about heavy and light and in between. And well,
you got a question about a locksmith. Let's talk what's

(01:55:00):
going on? D?

Speaker 20 (01:55:02):
Hey Tom? Yes, first, congratulations on dancing with Ned. That's
no evidence of disease.

Speaker 1 (01:55:10):
Oh I love that. I love that. D. Are you
a cancer survivor?

Speaker 9 (01:55:18):
Yes?

Speaker 20 (01:55:19):
Oh yes, twenty years really really aggressive cancer, which sometimes
is tied to pancreatic and it's really complex. You can't
simplify this stuff. But yeah, like twenty years and I
didn't have a good prognosis, so oh.

Speaker 1 (01:55:33):
I'm so happy, my god, twenty years. Can I ask you,
if you had to pick something that keeps you healthy,
what is it? Just before you tell me about the locksmith.
What is it that keeps you healthy?

Speaker 20 (01:55:47):
I think a lot of it is luck, you know,
the stuff people who do all of the right habits.

Speaker 1 (01:55:54):
Yeah, that's just.

Speaker 20 (01:55:55):
A chunk of it. But I recognize my body's metabolism,
how I use chemicals. There's some genetic chunks of this, okay,
and my family history. But like I think, what maybe
triggered this thing to grow the way it did is
I was traveling and working really hard, not sleeping. There's
certain things that will allow them, yes, to kind of go,

(01:56:17):
you're You're absolutely right, You're right if you have a
pre deposition disposition for a cancer. It's really good to
know that within your family, the history. Because you can
screen more, you can do some different things. And I'm
so glad you're doing You're doing well. And I've known.
One of the first people I met was the guy

(01:56:38):
who'd had a very aggressive prostate or a tancred cancer.
He ended up No, he died.

Speaker 21 (01:56:45):
He died, you know, forty years later.

Speaker 20 (01:56:47):
Yeah, so it's totally wonderful. It's not a death sentence.

Speaker 21 (01:56:51):
Well, disease, you're.

Speaker 1 (01:56:53):
Dancing with ned, dancing with dev I'm going to use that.
And also what you said about cancer my family, I
was the first case of cancer going back generations that
anyone could find at the first case and wow. Anyway,
so what's going on with locksmith? What do we do?
How can we help you?

Speaker 20 (01:57:13):
Thanks for everything you do with advocacy and education. So
my adult send's buston has put on a degree over
over at a area campus UC Denver, and he had
we bought a used Honda twenty twelve Honda Accord and
he had We had one key and didn't get he
didn't get to getting a replace another key. He one

(01:57:35):
key and it's somewhere between his just off campus apartment
and on campus. We think, and we need to get
new keys for this car, two of them. Then we
make sure he has back up right, and I want
to get a Locksmith's not typical for me. And on
the reviews, reading people's different comments online, there are a

(01:57:56):
number of them that are rip offs.

Speaker 1 (01:57:57):
And I know, in fact, in fact, unfortunately unfortunately, most
of them are ripoffs. Now what I mean by that
is they give these numbers out and they make it
look like they're local, and they're not, and they are
just what they are are aggregators. So you call thinking

(01:58:20):
you're calling someone in Inglewood or someone in Forton or
someone and really what you're doing is calling this national
company who sends any Tom, Dick or Harry out to you.
And not only do they not do a good job,
many times they overcharge you because they know you're desperate.
And then some of them are so bad they use
the information or the keys to gain entrance and to

(01:58:42):
steal from you. So let's just put it this way.
In all these years, we do have city Lock in Boulder,
and I say unfortunately in Bolder, meaning but they're still available,
and it's worth the drive. It's worth the phone call
to city Lock. I've known Jeff God for so many years.
He'll probably tell you, but he's been on a referral

(01:59:04):
list for so many years. And it's called and his
name is Jeff. He's at city Lock. And here's the
number three oh three or four, yes, forty four oh seven.
Now I knew too, Oh I faded out. Okay, let

(01:59:25):
me do it again. Three oh three, four four four
four forty four oh seven. So it's four four four
four four zero seven. I'm sorry, Go ahead.

Speaker 20 (01:59:35):
Yes, I knew to look at your referral list. But
when I saw he was in Boulder, I thought, and
my son's writ in downtown Denver.

Speaker 1 (01:59:41):
I know it. It's a pain in the ass. You know,
it's been years we've been unable to find I hate
to tell you this, people that measure up for the
referral list. We've we've had that tough of time. Go ahead,
what were you gonna say.

Speaker 14 (01:59:56):
Bo D You might be able to just call behind
a dealership and give them the VEN number and they
may be able to just cut the key from that.
What a great idea without taking your car anywhere they
would have a record.

Speaker 20 (02:00:10):
Well, I will call I will definitely call them and
I'll get a quote from them with the vent and
see what they did. Because kind of reading about this
like and then sometimes getting a local locksmith with that
same information, I want to get it like three quotes.
And the campus police when I talk to them, they
said they often refer folks to pop a lock and

(02:00:31):
they do a student discount. And so I want to
just try to try to do the good consumer thing and.

Speaker 1 (02:00:37):
Get I looked up I looked up online for like nearest.
I looked up online and yes, VIN numbers can be
used to cut keys. I did not know that, they
say from the mid nineties onward, but the real old
ones you can. And also what happens. Yeah, yeah, In fact,

(02:01:02):
I included Honda's in my search, and yes, I think old.

Speaker 14 (02:01:07):
Dealer can do Honda unauthorized Honda dealership can.

Speaker 1 (02:01:10):
Go to Planet Honda. They're good people, good ownership Planet Honda.
It says Honda keeps key codes. According to this Google search,
Honda keeps key code records in a national database for
anyone with a Honda from the nineteen nineties forward. They
can pull that. They want to know proof of ownership

(02:01:32):
and all that. So if you gave them a registration,
it has your VN on it, you got everything you
need right there. Proof of ownership. That's what they will require.
And the ownership proof is your registration which has the
vin and from that they can cut a key. So
thanks for that suggestion, both REEO three seven one three
talk seven one three eight two five five. What are

(02:01:55):
you guys thankful for? Okay, Dee, what are you thankful for?
By the way, bro, what are you thankful for? I
didn't ask you. You're sitting right here.

Speaker 15 (02:02:02):
Just you know, I don't have any special insights, just
all the normal stuff that one should be expected to
be thankful for. My friends, my family, my Helle, little kiddies,
especially my health. Yeah, just you know, great friends like
you and Mark and Bo and everybody else.

Speaker 1 (02:02:17):
Deputy Dan, you're gonna go see family, Not Deputy Dan,
the lawyer Dan McKenzie. I called him deputy, but hey,
they are deputy. They're an extension of the show. They
help our listeners all the time. And I do have
questions for Dan, Dan, what are you happy about? What
are you thankful for this week that you're getting out
of town for a few days or what.

Speaker 10 (02:02:36):
Yeah, that's pretty good. We've got two kids coming home
from college. This is thanks kidding, which is the first
time we've had two out so out of four.

Speaker 1 (02:02:45):
And everyone's doing very well. And that's cool, healthy and good.
All right Now, somebody wants to know how deep you
should you go with trustees whatever that means. I think
they mean replacement trustees. For how deep do you go?

Speaker 10 (02:02:58):
I mean, I always recommend at LEAs having one backup
to the one that you prefer.

Speaker 17 (02:03:02):
But as many.

Speaker 10 (02:03:03):
As you can get debt, it's uh uh, you couldn't
do too many. It's not an easy job and you know,
people might not be able to do it for a
variety reason.

Speaker 1 (02:03:11):
We have some more texts. By the way, you can
text us as well as call us. And here's the
text number that I use and it comes right to
my cell phone. And I'm telling you that means twenty
four to seven including if you want to get a
hold of my wealth management company Wave eight Capital dot
Com seven four seven nine nine nine fifty two eighty,

(02:03:31):
you can text me there seven four seven nine nine
nine fifty two eighty. We have more right after this.
Tom Martino here with Dan mackenzie, attorney at law Co
Plans dot Co or eight three three co Plans, and
we had a question how deep do you go when

(02:03:54):
it comes to personal representatives or trustees? Well, how deep
is realistic? I mean, you know, for sure you should
have a backup, right. I don't think Dan, you even
bother writing them without a backup, right, you need a
backup in the trust.

Speaker 10 (02:04:09):
You need a backup, and probably have some provisions. And
they're just saying, what if neither of these people can
do it? Because you could put five people on that
list and maybe none of them want to do it.

Speaker 1 (02:04:17):
Frankly, do you have a backup on beneficiaries deeds too.
For the beneficiary, Yeah, can you have more than one beneficiary?
Can you have a succeeding beneficiary? Or is that weird? Well,
did someone want to ask something? I'm sorry, go.

Speaker 14 (02:04:31):
Ahead a question on the trust on the trustees, Dan,
Let's say someone comes in like me and did a
revocable trust, which I'm very happy that you got done
for me. What if someone does not have a trust
here or does not want to use a family member.
Does your law firm provide I think they call conservatorships

(02:04:51):
or trustees for clients.

Speaker 1 (02:04:54):
We don't.

Speaker 10 (02:04:54):
There are law firms that do, and there are people
who that is their job. They are professional trustees or
personal reps. So really there are options out there for
non family members.

Speaker 1 (02:05:05):
And of course they must have a firm. So in
other words, there's no one person you're relying on.

Speaker 17 (02:05:10):
I mean, I've seen both. I've seen both.

Speaker 10 (02:05:12):
Yeah, you want to be aware if it's if one person,
obviously I have the same problem.

Speaker 17 (02:05:17):
It's is not around anymore.

Speaker 1 (02:05:18):
I'm going to Dan. I'm going to Dan. And I
have a situation where I have big areas in my life.
I have broadcasting, I have my aviation life, which is
quite substantial because I have a hangar and some airplanes
and a helicopter. Then I have Wave eight Wealth Management,

(02:05:40):
which is my financial investment company, financial advisor company. Is
it possible? And this is what I'll be talking to
you about. I want to have one trustee to oversee
my estate, but I want a trustee in charge of
each one of those categories because obviously Mark and Suzanne
would be the best for my broadcasting because they could

(02:06:02):
help my children transition that into cash or to you know,
or for Mark to take over you know what I'm saying.
And then I want one for Wave eight Wealth Management
because I have my chief operations officer who knows that
company and our clients want it. We continue to serve
our clients without interruption, but they would know what to

(02:06:23):
do with my share for my children. And then I
have my aviation trustee, which is my buddy I always
fly with, who would take care of the aircraft liquidating them?
Is that even possible to do you ever have multiple
designations for different functions? Sure that that is not unheard of?

Speaker 10 (02:06:40):
That not There's something called a directed trust where it's
you actually have a trustee. And then sometimes we have experts,
like you're describing who are out there to tell the trustee,
here's what is in certain categories.

Speaker 1 (02:06:50):
So you assigned certain people to certain categories.

Speaker 10 (02:06:55):
Correct, yep, yeah, you just got to be clear on
like what they do. Bucket is which asset going into?
And yeah, who's running? You want to make it clear
who is responsible for handling each bucket?

Speaker 1 (02:07:08):
No, I get it. Yeah, okay, so here's another one.
Oh no, I just asked that. Oh oh oh, this
is I can't find it right now, but I can
recall it. Somebody wants to know if you have a
biological children, can you disinherit them? I think the answer

(02:07:28):
is of course you can.

Speaker 18 (02:07:29):
Right.

Speaker 10 (02:07:29):
The only person you really cannot disinherit in colorado's your spouse.
You have to have written permission from them to do that.
So that's usually a prenup and maybe a post up.

Speaker 1 (02:07:39):
Otherwise, they for each year they're married to you, they're entitled.

Speaker 17 (02:07:44):
To one tenth is it or five percent?

Speaker 1 (02:07:46):
I'm sorry, it's five so at the end, so the
most they can get is ten years, which is fifty percent. Correct,
So once they are at ten years or more and
without with the without if you don't have, or in
the absence of a pre er posting up, they have
fifty percent of your estate.

Speaker 10 (02:08:05):
Potentially, it's a little bit more complicated because they do
factor in wet assets the person has, and they're trying
to make sure that a very wealthy spouse is not
draining a you know, a much less well off.

Speaker 1 (02:08:17):
Really explain, they'll explain that, I'm very interested.

Speaker 10 (02:08:19):
We throw everything that both of the people had into
something called the augmented estate. Okay, this includes everything that
they passed through, like desnated beneficial or trying to make
sure people aren't scrutin this right, naming kids as beneficiars
on things. We throw it all back in this pot,
and you're entitled to fifty percent of that if you've
been married for ten years. But then we deduct the
stuff that you own by yourself, again to make sure

(02:08:43):
you have a really wealthy spouse and a less.

Speaker 1 (02:08:45):
Well This is normally for second and third marriages then,
wouldn't it.

Speaker 10 (02:08:49):
Yah, Yeah, it's pretty unusual in a first marriage. Yeah, yeah,
it happens.

Speaker 1 (02:08:53):
Yeah, okay, And someone else said, if they can, they
name their parents. Would be stupid to name their parents
because unless they're anticipating predeceasing them. I mean, that's all.

Speaker 17 (02:09:07):
Do that a lot.

Speaker 10 (02:09:07):
Actually, I heard that, like if they're thirty and their
parents are sixty, and they're thinking, Okay, my parents would
be good for like the next twenty years, and right
now I got this baby that they would take care of.

Speaker 1 (02:09:18):
Okay, okay, so you can come up and then and
then you name a successor to your parents, I would
imagine obviously.

Speaker 10 (02:09:26):
So yeah, but we get that they come back ten
years later, like, Okay, my parents really wouldn't be able
to handle this at this point.

Speaker 1 (02:09:32):
And someone else says, what about someone who is named
personal representative and they want nothing to do with it? What?
You can't force anyone to do anything, they actually and
if they don't accept it, does that a state just
sit there then? Dumbfounded?

Speaker 10 (02:09:50):
I mean, so, like I said earlier, probably somebody is like, hey,
there's a house sit in there, and I'm going to
get the proceeds from the sale. Let's move this along.
They would they would ask a court to appoint something
that go that And.

Speaker 1 (02:10:00):
That's our next question. Who can open a probate? And
I know we said anyone, but we got to really
be this person wants to know, literally, who can open
a probate? What do they have to show the courts?
So let's answer that coming back, who can answer? I'm
just parsing it out from the facts. Listen or the text. Listen, people,
you can text me and again, make it a little

(02:10:23):
brief so I don't have to go through and parse
out what you're asking for the sake of on air.
If it's something longer, of course, off the air, you
can send me whatever you want. Seven. Here's the text
number seven four seven nine fifty two point eighty. We
have more right after this, Tom Martino, you're a troubleshooter.

(02:10:49):
Wave eight Capital dot com. That's the number eight Wave
eight Capital. That's the website to Wave eight Wealth Management.
You can put in Wave eight Wealth Management dot com
as well. Anyway, we are here to help you if
you're interested in investing. It's my investment advisory firm. I
started it as a selfish endeavor to invest my own money.

(02:11:13):
I hired people to invest my own money because I
was tired of the industry. Because most of the industry
they do not actually invest your money. They move it
to somebody who does the investing. You're with giant firms
called tamps, turn key asset protection and so management programs. Okay,
so we don't do that. We work directly with you

(02:11:36):
in your portfolio. If you'd like this level of service.
That doesn't mean you have to make decisions every day.
We do it for you if you want us to.
But we involve you in everything, and we do direct investing.
So please call for us, especially as we near the
end of the year, call for a consultation. I'd love
to talk to you. I'll show you every dime I

(02:11:58):
have invested in where it's invested. That's how committed I
am to being transparent. So you can call us at
three ZHO three seven seven to one help seven seven
one four three five seven that's seven seven to one help,
or go to Wave eight Capital dot com and thank
you for listening for that, because that's a labor of love.

(02:12:20):
I have a text. It's an email. My parents set
up some trust a while back. I'm going to try
to party this because it's very long. This guy's mother
passed away in two thousand and six. He thought it
was an irrevocable trust. It turns out it was revocable
and should have been left to him at the time

(02:12:42):
of her death. Now he wants to get the benefit
of that cost basis back in two thousand and six.
Can he take it out of the revocable trust right
now and get the benefit of that or did he
lose out on that. I don't I'm not even sure
I'm asking the question popular or he is. For example,

(02:13:04):
if something is in a revocable trust and it's left
to him and he never took it out, Yeah, does
Kenny go back and get that cost basis that was
originally intended at the day of her death or does
it even matter? I don't. Cost basis usually matters when
it comes to real estate and stuff like that.

Speaker 10 (02:13:24):
Right, yes, So cost basis is like you know how
much capital gains tax are you gonna have to pay
if you sell that asset?

Speaker 17 (02:13:31):
And it should have it's.

Speaker 1 (02:13:32):
A mountain property. Ok it's a mountain property. Okay. So
it was in a revocable trust and it should have
been doled out to him at the time of her death.
He said, they left it there all this time, and
they were doing some updating of the estate and found
out that he was supposed to have taken it back
in six Okay, So can he go back and get

(02:13:54):
that cost basis?

Speaker 10 (02:13:57):
Yeah, I mean the challenge will be proving what that
was is, like, what was that data death value?

Speaker 1 (02:14:02):
And even though it wasn't taken out, they can't claim
it's the cost basis of when you take it out
of that I mean, that would be hugely to his
benefit actually, right, because if he only took it out now,
I'd be like, oh, you're right, it would be to
his benefit. Yeah. So no, okay, so they go back
to the day you should.

Speaker 10 (02:14:19):
Have taken it, Yeah, and again improving that Now after
all this time, you're gonna have to.

Speaker 1 (02:14:23):
Fight rendstor praise. Yeah, you know, I imagine most appraisers
know how to go back in time, right.

Speaker 10 (02:14:32):
I think it is a special designation among appraisers, but
I'm not sure about it.

Speaker 1 (02:14:36):
But you don't lose any of your rights because you
didn't take it. Like the other family can't stay too late, right,
because they've been operating it as a family trust. Oh
you see what I'm saying.

Speaker 10 (02:14:47):
Yeah, I mean, you know it was revocal during the
mom's lifetime. It probably became irrevocal when she passed and
it was supposed to go to him at that time,
but it never went to him. Okay, orry, he never
took it. Let's put it that way. Huh.

Speaker 1 (02:15:04):
So it's and and perhaps it's a good time to
really in a very latest you remember I said I
like keeping things stupid. I really do revocable versus irrevocable.
The purpose of an irrevocable trust is to get it
out of your name and out of your control, correct you.

Speaker 10 (02:15:24):
So, yeah, go asset protection because you're trying to get
assets out of your name.

Speaker 1 (02:15:27):
So if you get suit or divorced or something, you
can they literally can't take it from you. If it's
in an irrevocable trust.

Speaker 17 (02:15:34):
You got to be done in a state that allows
you to do that, right.

Speaker 1 (02:15:36):
So it's Colorado a state it is not. Wait a minute,
So in Colorado even an irrevocable trust can be broken. Sure,
Oh so then you want So if I come to
you as a client saying I want to do an
irrevocable trust, you have to set it up for me
in another state.

Speaker 17 (02:15:57):
Yeah, if that's your goal, right if?

Speaker 1 (02:15:59):
If you know, there's lots of reasons people want to
do arabical trumpt though, aren't most of them for asset protection?

Speaker 3 (02:16:05):
No?

Speaker 17 (02:16:05):
There's also tax. There's also tax.

Speaker 1 (02:16:07):
Minimization or avoidable right you want you less than the
amount of your estate. Yeah.

Speaker 10 (02:16:12):
The most common actually is asset protection. But it's medicaid
and you can set up a medicaid trust in Colorado.

Speaker 1 (02:16:17):
You cannot wait a minute, so you literally drain your
assets and put them into an irrevocable trust and you're
eligible for medicaid. Yes, that's kind of cheating.

Speaker 17 (02:16:27):
This is hard to do, though. You have to.

Speaker 10 (02:16:30):
I mean, you've still got that five year look back period,
so you got to do it way ahead of time.

Speaker 1 (02:16:34):
And you really there are people theoretically who are rich,
who are rich that do it five years ahead of time,
and when they die they're not rich, or not when
they die, when they need a nursing home, they're not rich.

Speaker 10 (02:16:48):
You could plausibly pull that off, I would say, more
than if you have more than a few million bucks.
It's going to be a weird thing to do, but yeah,
I mean.

Speaker 1 (02:16:59):
But the law can't look at it and say no,
fair if you did it five years ahead of time.

Speaker 10 (02:17:04):
If you did it more than five years ahead of time,
and you really gave up control and you really followed
all the medicaid rules, there's all kinds where they're going
to look at that trust and make sure you know
that it meets all the requirements.

Speaker 1 (02:17:13):
So other than Medicaid, what are some other irrevocable trust
you can set up in Colorado?

Speaker 10 (02:17:19):
So people sometimes they're trying to get charitable distributions out now.
Sometimes people are holding assets they expect to go up
a lot in value and they're thinking, well, I want
to get this out of my estate right now so
that all the value accrews outside the estate.

Speaker 1 (02:17:32):
That brings up another question I had. Someone has an
irrevocable trust, or excuse me, someone wants to set up
an irrevocable trust because they heard they can grant it
to a charity but still live off of the income.
Wait a minute, Wait a minute, are you kidding me?
So I can leave five million dollars in an irrevocable trust.
So let's say a cause, but during my life live

(02:17:56):
off of what it earns.

Speaker 10 (02:17:58):
You can set something up like it's like charitablennuity, right,
so you can do it either way. You can say, look,
the charity is going to get this annuity for this
ten year period and then I'm gonna you know, once
that's it. It's out of my estate and I'm not
going to get taxed and whatever. Still there, you can
do it the other way around and say I'm going
to get this annuity and then ultimately the charities can
So I've given away this, so.

Speaker 1 (02:18:17):
It's it's not in your name anymore. Creditors can't get it.
You can live off the income and your favorite charity
gets it when you die. Right. Wow.

Speaker 10 (02:18:27):
Yeah, this is pretty specialized.

Speaker 17 (02:18:30):
I mean this is again and your favorite charity.

Speaker 1 (02:18:32):
By the way, people for people of faith, they can
do that for their church, correct.

Speaker 17 (02:18:36):
Yeah. Sure.

Speaker 1 (02:18:37):
Now is gifting a big reason for your vocable trusts?

Speaker 7 (02:18:44):
Yeah?

Speaker 1 (02:18:44):
I mean gifting meaning you know, supporting your your your charities.

Speaker 3 (02:18:48):
Yeah.

Speaker 1 (02:18:49):
Yes, And there's some ways to structure it.

Speaker 10 (02:18:52):
But I guess it's like I could gift this right
now and get this tax benefit right now, and then
ultimately you know, the charity's going to get this and
I'm going to get this income in between. So there's
just different ways to structure that. But it's like, how
you know, again, do you have an estate tax issue
that you're trying to avoid?

Speaker 17 (02:19:09):
Not too many people do.

Speaker 1 (02:19:10):
Anymore, No, because it's so much right, okay, And life
insurance can be set up to deal with taxes, right.

Speaker 10 (02:19:18):
Yeah, and sometimes you'll put that in especially our vocal trust,
just to make sure because those benefits do count towards
the taxical part of your estate if you have a tax.

Speaker 1 (02:19:28):
So you keep it outside of your estate outside, but
it's your mark to pay for taxes for the.

Speaker 17 (02:19:33):
Estate for beneficiarias of your state.

Speaker 7 (02:19:35):
Yeah.

Speaker 1 (02:19:36):
So your beneficiaries get the life insurance outside of the estate, right,
and they get to pay the estate taxes which is
inside your estate.

Speaker 3 (02:19:44):
Yeah.

Speaker 1 (02:19:44):
Wow, And there's a lot you can learn. I'll tell
you what hold your question real quick, just real quick.
I'll come right back to Okay, Jeff, you have a question,
Let me take the caller first, bow and then we'll
come back to you after the break. Jeff, what is
your question?

Speaker 28 (02:19:59):
What happened when a beneficiary guys before the grand tour
on the grand on the beneficiary deeds and nobody knows it.
I mean, it's like an arm in the chain of
title that's just hanging out in the wind. What happens?

Speaker 17 (02:20:14):
Yeah?

Speaker 10 (02:20:16):
I mean again, I mean somebody presumably somebody's gonna be
like geez, I would be entitled to the proceeds. Going
to say, all this house, if I could get it
sold and the person is supposed.

Speaker 17 (02:20:23):
To get it, isn't here anymore.

Speaker 10 (02:20:25):
Like somebody is going to have an interest in stepping
up and getting that figured out.

Speaker 1 (02:20:29):
So does it okay? Does it come out of the
trust at that point?

Speaker 17 (02:20:33):
Well, he said, beneficiary deeds?

Speaker 1 (02:20:34):
Oh, benefit, I'm sorry, benefit okay, Jeff, beneficiary deed. So
it would go to the estate and then it would
go to whoever claims it or claim beneficial that right
it is, whoever the beneficiary of the state is or
the people fighting over it would split it up. That's
how it work. We got more coming right up. Hi

(02:20:57):
Tom Martinez here bo, What is your question.

Speaker 14 (02:21:00):
If Dan, if someone purchases a life insurance POLS to
pay off the estate taxes, what kind of trust does
that need to be put into once a revocable trust
has already been set up?

Speaker 10 (02:21:16):
Yeah, so you would put that in an irrevocable life
insurance trust sometimes referred to as an islet.

Speaker 1 (02:21:21):
And can you earmark as to what it's going to
use for to make sure it is used for the trust?

Speaker 3 (02:21:26):
Yeah?

Speaker 17 (02:21:26):
Any trust? You could say what it's going to use
for yep, and.

Speaker 3 (02:21:29):
That's separate from the revocable trust.

Speaker 10 (02:21:31):
Separate from revocable because yeah, generally usually when we're using
your vocal trust planning, it's not for everything. It's for
particular assets, right, usually want some stuff that you still
have control over.

Speaker 1 (02:21:42):
And again this is to pay taxes for uh death taxes.

Speaker 10 (02:21:47):
Yeah, without it waunching as part which is increasing the taxes.

Speaker 1 (02:21:51):
Right, if you're going to have more than sixteen million,
do it, that's when you start kicking in those And
by the way, Dan, when he's not here, he's at
co Plans dot co. It's a wonderful website, by the way.
And eight three three co plans, so he's very easy

(02:22:14):
to get ahold of those are he's a local firm.
They sound kind of nationally, but it's a local firm
and he handles people from Colorado. Are you licensed in
other states around Colorado?

Speaker 7 (02:22:24):
No?

Speaker 1 (02:22:25):
Okay, so Colorado Plans. So it's co Plans dot co
or eight three three co plans. We got we got
a whole week ahead of us, folks, and a lot
to talk about, So stay tuned and we're gonna have
some best of us during the holiday don't forget to

(02:22:46):
call three oh three Martino at any time twenty four
to seven for help. That's three oh three, six, two seven, eight,
four sixty six. That's three oh three Martino. Save all
your problems for us.

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