The Troubleshooter 2-25-25

Episode Transcript

Speaker 1 (00:05):
Ripped up.

Speaker 2 (00:07):
News, so you don't have.

Speaker 1 (00:12):
Come run in just as sass as you can. Show
Shooter's gonna help coming man.

Speaker 3 (00:20):
This is the Troubleshooter Show. No Tom Martinez, Welcome, Welcome
to the Only.

Speaker 4 (00:26):
Show if it's kind of here. Solve problems, answer questions,
take complaints. My goal in life's to make your life
a little bit better. You've been ripped off, You've been
taken advantage of. We've got lines open. The show's just starting.
I want to sink my teeth into something. Three zero
three seven, one, three eight, two five five or three
oh three Martino, by the way, that number works on

(00:46):
and off the air, joining me in studio. Two day.
Attorney at Law, Dan Mackenzie. Anything that has to do
with trusts and probate, Dan, how would you describe everything
you do? What's the best way in a paragraph or
at least a long sentence to describe what you do?

Speaker 5 (01:05):
We really just help people get prepared for any situation
where they're going to need some help.

Speaker 4 (01:10):
So you know.

Speaker 5 (01:11):
The famous one, of course, is if you pass away,
but that is only one situation. Any most of us
have situations in our lives where maybe we're injured, or
hospitalized or just out of town.

Speaker 4 (01:19):
And oh that's a good one.

Speaker 5 (01:20):
So yeah, so what do you do for someone that's hospitalized?
I mean, that's power of attorney documents. Usually your will
is not helpful in that situation. And we're trying to
plan to make sure that there is somebody trustworthy who
can step in and do stuff like just open mail,
pay bills, talk.

Speaker 4 (01:35):
To your marriage company, like that kind of everything like that.
Got Deputy d sit into my right, Deputy Scott, we
got Deputy Chopper Kelly's into the house, and of course
Shannon on the other side of the board. If you
have been ripped off or just need some help, we
got a list to people at referralist dot com along
with the experts here in studio. They can answer any
of your questions. Maybe a contractor ripped you off, maybe

(01:57):
you've got a problem with the landlord, all of the above.
Three oh three seven one three eight two five five
three zero three Martino Deputies, any updates whatsoever? What do
we have cooking? No, Scott, no updates, Dmitri any updates, sir?

Speaker 6 (02:16):
Yeah, I've got an update for you.

Speaker 4 (02:17):
What do you got, Scott?

Speaker 6 (02:18):
A couple of weeks ago, we had I'm gonna grab
my notes real quick. One second here.

Speaker 4 (02:28):
One second, I don't got a second, Scott three oh
three seven one three eight two five five? Come on now?
Is it Garrett? After all this? I hope it's a
great update, Like one hundred million dollars? What are we
talking here?

Speaker 6 (02:41):
We had Gary Collin and uh he's he actually is.
Uh he's with one of our sponsors. But he had
bought a uh, really expensive sofa from Lazy Boy up
before Collins.

Speaker 4 (02:55):
How much eleven thousand dollars? Oh my god for just
one sofa like a whole family, right.

Speaker 6 (03:01):
No, I think it's like one sofa, but.

Speaker 4 (03:03):
One sofa eleven thousand dollars. Ye, okay, yep. And they
delivered it back in September. And the day after, you know,
they delivered it, Gary and his wife noticed some problems
with it, like what what kind of problem?

Speaker 6 (03:19):
There was some dance and some parts didn't fit quite right,
and so then he's.

Speaker 4 (03:26):
Kind of parts are there for a sofa?

Speaker 6 (03:27):
Well, maybe it's a recliner. I think in the ends,
like a sectional sectional exactly?

Speaker 4 (03:32):
Fair enough?

Speaker 6 (03:32):
Yeah, yeah, it's more than just so if I think
this is like a sectional that got it curves around
but in this so they reached out to Lazy Boy,
and Lazy Boy sent someone out, We're going to order
a part. Took forever and ever and ever to get parts,
and so that he called here and wanted us to
go back to Lazy Boy and he just wanted.

Speaker 4 (03:53):
To He wanted to refun I'm not so sure what
their refund policy is, but okay, yeah, you know we
had one year years ago with Lazy Boy. They wanted
to return it because it smelled. They said it got
delivered and it smelled, and I literally went out during
the show, Tom was here and I smelled it and

(04:14):
it did smell. It actually smelled, and we got them
it smelled like from aaldehyde. Oh goodness, No, it was horrible.
It had the most worst chemical smell ever and they
couldn't get rid of it. So ultimately they refunded it.
But it was a fight. So what happened here, So.

Speaker 6 (04:32):
A couple of weeks ago, Lazy Boy finally agreed, Hey,
we're gonna come out, we'll pick up your sofa, we're
not going to charge every stocking fee, and we're going
to give your money back.

Speaker 4 (04:42):
Nice. Yeah, just because some missing parts, and yeah, I
mean it just the sofa wasn't what he expected for
eleven thousand bucks thousand dollars. It should have been the
Macdaddy of all Macdaddy's of sofas. I agree, one hundred percent.
That's great. That's another eleven thousand and do our over
three hundred million dollars cash merchandise exchanges refunds directly due

(05:06):
to this show Chopper Any updates, Dmitri Any updates eight mark. Yes, sir,
I have a question.

Speaker 7 (05:13):
Maybe, yes, I'd like to turn this over.

Speaker 4 (05:15):
To you, because you have that What is it?

Speaker 8 (05:18):
Remember?

Speaker 4 (05:19):
What is it? What is it that I have that
that fill in the blank down what I want to
help him? What is it? Jennis? A quadre? Oh man,
you stow the words out of my mouth. So you
got that. I got that?

Speaker 9 (05:35):
Remember about oh, probably about.

Speaker 4 (05:37):
Three four weeks ago, closer to the mic, sir, three
four weeks ago.

Speaker 9 (05:41):
Uh, we had a guy take his truck into Bradley's
down there in Peblo.

Speaker 4 (05:46):
And then do you remember that. What was the problem
with it?

Speaker 9 (05:49):
Well, they were They gave him an outrageous bid. I
think it was seventy eight thousand dollars to get it fixed.

Speaker 4 (05:57):
The rail was bad, the fuel was bad. Seventy eight
seventy eight thousand.

Speaker 9 (06:03):
Well I said seventy eight hundred last time, but everyone
said I was wrong.

Speaker 4 (06:06):
Maybe I said seven. It was seventy eighth. I remember that. Well,
so they did two things. They did a fuel pump
and then ultimately what fixed it was a fuel ran
They and they were gonna refund they they he still.

Speaker 7 (06:19):
Claims they're going to do it all zero cost. Here's
the problem.

Speaker 4 (06:24):
Who claims that the dealership okay, because you're gonna run
it under warranty?

Speaker 9 (06:28):
What are they They're going to drin it apparently under warranties.
But it's been like four or five weeks now and
the truck's still there.

Speaker 4 (06:35):
Well, why they they don't have the part?

Speaker 9 (06:37):
I don't know. I've called them a couple of times.
This is where the mark comes in.

Speaker 4 (06:42):
Well, what am I gonna do on that? I mean,
what do they possibly say to you when you call
They won't call you back? What does the consumers say?
What's the callers?

Speaker 7 (06:49):
So we're going to fix it.

Speaker 9 (06:50):
And here's the part that I'm not poking the bear on.
They've given them a car to use. Oh, it's good,
so I I really don't know. That's why I'm kind
of asking your expertise. What should we poked the bear
or should we just let it get good.

Speaker 4 (07:02):
I need to know is if they can get the
part or not. If literally the fuel rail. I think
that's what needs to be done at this point is
back ordered. I mean, what are we gonna do. We
had to have information from the caller.

Speaker 9 (07:14):
I'm going to go off during the show and give
the caller another call, ask him.

Speaker 4 (07:18):
Ask him to ask the caller what's going on now?
Maybe it's said and done. Can you not get in
touch with the caller?

Speaker 9 (07:24):
No, the caller keeps in touch with me, and he
said he would call me when it was done. But
like I said, I didn't really want to poke the
bear if they gave him a car.

Speaker 4 (07:33):
We had a caller one time we got back one
hundred thousand dollars on a mini house. It was built
like on a like on a trailer. It had like
it was a mini house. It wasn't like a fifth wheel.
It was technically a mini house and you would put
it on a slab of cement somewhere and whatever happened,
it showed up they couldn't deliver it to where the

(07:53):
guy wanted it, and ultimately they were going to give
him a refund, and ultimately they did give him a refund. Okay,
he wouldn't come on for the update because he signed
a release with him saying he wouldn't talk about it,
So they basically told him, too bad. So sad, your
mini house is off I twenty five near Pueblo, you

(08:14):
can go get it. We left it there and we
ended up getting them to pick it up and give
them a refund on it because they resold it to somebody.
But he got a full refund. He didn't want to
come on and say it because he signed that release.
So that's why I asked you, if you've been talking
to the consumer a lot of times, he'll sign a
release and they're terrified to come back on because if
you look at that release and I'll bring Dan McKenzie

(08:36):
in in a general release, Dan, that says, hey, you're
not going to disparage us in writing or by word
of mouth or talk about a settlement. I mean, it
covers every aspect. So coming on the air and saying, yeah,
they gave us a full refund could create a problem.
And most releases actually say they might want the money
back at that point. Yeah, yeah, I wouldn't.

Speaker 5 (08:56):
I wouldn't give him a reason to iddn't know if
you've sign the release, if it's if it's a part
and me to keep talking, don't sign the release.

Speaker 4 (09:03):
Yeah, that's it. Then what you do is you come
on air and say, hey, they're gonna cut me a check.
They're gonna give me the full amount. Would you please
just not say anything about it until afterwards. So there's
different ways of handling it. So Shannon, do I have
fifteen zero reses? Or I see you got them all
fixed up? I appreciate that. Look, we've got lines open.
We never have lines open. I want to hear from you.

(09:23):
Three zero three seven one three eight two five five
three oh three Martino. Any problems, you got any comments?
We want to help three to ozho three Martino will
be back right after this.

Speaker 10 (09:38):
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Time for an insurance check up free, no obligation. In comparison,
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to seven to one help. You'll think you're his only

(09:59):
customer when you choose Frank durand the real estate man
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Speaker 4 (10:10):
All right, three oh three seven one three eight two
five five three oh three Martino, you've been ripped off
or taken advantage of. We also have Dan McKenzie and
with this coo plans dot co. Anything to do with wills, trust? Dan,
Do most people get a will or trust these days?
I mean, I realize everybody's different, but what's the benefit

(10:31):
of the trust over a will for vice versa?

Speaker 5 (10:34):
Well, yeah, I mean I trusts are usually better. I
think most attorneys and even most online systems charge a
little bit more to set up trusts.

Speaker 4 (10:42):
They're a little bit more work to set up.

Speaker 5 (10:44):
You've got to retitle your stuff to the trust, whereas
with a will, you're just saying, take whatever I have
and give it to these people, right, You don't really
have to do much work beyond that. With a trust,
you're creating this thing that you're gonna put It's like
a vehicle that you're putting your stuff into and it's
going to manage your stuff. So the reason it works
so well is because you run it during your lifetime
and then it's just someone else steps in immediately in

(11:05):
any situation. It could be death, could be the inpacity
events we were just talking about, and they just take
over that trust and they keep going. They don't need
any court authorization to do it because the thing that
owns your stuff, which is the trust, is always alive
and well, so.

Speaker 4 (11:17):
It's almost like an LLLC in a lot of way.

Speaker 11 (11:19):
It is.

Speaker 4 (11:20):
It's like an lc I for your personal stuff. And
then you can also, of course, like in our trust,
you can well, actually we change this. But at one
point when the kids were younger, you know, if they
wanted to use the money for college, they could use
it for that. But they wouldn't simply get a lump
sum of money at any certain time. I mean that's
pretty normal, right.

Speaker 5 (11:39):
Yeah, you can describe under what conditions that people who
are going to receive that money get it, So you
could say they just get it.

Speaker 4 (11:46):
Yeah, of course, then they do get it.

Speaker 5 (11:48):
Right, but you can put most restrictions that you can
think of on it. You can't violate public policy. You
can't tell public policy. You can't say you got to
marry within the faith to get this money.

Speaker 4 (11:57):
Oh really no, Now why couldn't you say that just
out of curiosity.

Speaker 5 (12:01):
Because we're not discouraging marriage in the society. We're not
going to you know, bind someone at the like. You know,
there's a famous case you read in law school where
somebody was that they were supposed to marry within the
Jewish faith and they lived in a part of the
country where there really wasn't a large Jewish population.

Speaker 4 (12:14):
He's like, I can't do it because that would change
public policy on it.

Speaker 5 (12:19):
That is where the court said, look, we are not
going to set up a situation where somebody is going
to get paid for getting married. We're not going to
pay people to get divorced. We're not going to you know,
hold money back if they don't get married.

Speaker 4 (12:32):
Could you say they have to get married or still
that would be the same, that would be the same
public policy. It just generally married.

Speaker 5 (12:40):
I mean probably, Yeah, you're you're probably violating public policy.

Speaker 4 (12:43):
We don't want people out there getting married for this money. Yeah,
how about can you leave money to a grand kid
that hasn't been born yet.

Speaker 5 (12:54):
You can set aside money and say it's going to
be in this class of people, but you got to
work that pretty carefully, because we don't want money tied
up in some situation.

Speaker 4 (13:02):
Where where they don't have kids or can have kids. Yeah,
but people do leave money to generations down the line. Sure, yeah, yeah,
I mean a lot of people.

Speaker 5 (13:10):
I mean all of our trusts say look to my descendants,
and if my descendant still has money in this trust
and they pass away, then it's going to go to
their descendants.

Speaker 4 (13:18):
And they don't have any descendants at the moment. So
when does someone cross over from that simple will? Like,
let's say, I'll just use our own situation. When Susanna
and I first got married, I mean, god, we were
so young. I was like twenty one, she was eighteen,
and actually I don't think we had a will up

(13:39):
until we had kids. We simply didn't have anything, so
it really didn't matter. We lived in an apartment, we
live paycheck to paycheck, I mean, we really had nothing.
But soon as we had kids and we had to
start thinking, Okay, if something happens to both of us,
who's going to watch the kids. So that would either
be my parents or her parents or whoever you specify. So,
but beyond that, when you just have a kid but

(14:01):
no assets, when do you cross over to that next level?
If you need more than a simple will.

Speaker 5 (14:07):
I think, well, there are certain situations where you really
have to have a trust.

Speaker 4 (14:10):
So once you have kids.

Speaker 5 (14:11):
If you have kids who are minors, they cannot receive money.
An adult has to receive it for them, so there
can be money set aside for them. Again, put an
adult adult in charge of that, and that is a trust.
If you don't do that, then the court's going to
do it through a conservatorship.

Speaker 4 (14:24):
And then I heard the conservatorship. They can eat up
the funds. Pretty cool. It can be pretty expensive.

Speaker 5 (14:29):
I mean the person who is the conservator is operating
without any instructions from you at all. You don't know
who that person is. I mean, the court watches them
pretty closely, which is part of the drawback. They got
to report to the court every year and get.

Speaker 4 (14:39):
Which is the pain.

Speaker 5 (14:39):
Yeah, and then at twenty one, your kid gets it
whatever it is right, whether they're ready for it or not,
so that conservatorship ends. So it could be still like
a lot of people have life insurance, home equity, retirement
accounts and don't feel like I don't feel like I
have a lot of money. Well, it's all in these
things that I can't access. You might got a lot
of equity, but you don't have a lot.

Speaker 4 (14:59):
Well that would I'll be turned into cash and handed
to my kid. Yeah, that's that's that's interesting. And then
if you don't like a kid. We heard of people
writing someone out of the will. That's not a big deal.
It's got nothing to do with public interest. Like, if
one of my kids pisses me off, I don't have
to leave them anything.

Speaker 5 (15:17):
No, I mean, you still want to be thoughtful about
that because the people are going to bear the brunt
of that kid's anger are your other kids, because you're
you're to bear it.

Speaker 4 (15:25):
So yeah, but there's no issue with that. There's no
legal issue. You know, what happens if you don't have
a will, you're gonna have you know, if you so
let's say you have assets, yeah and no will, what
happens to your money to the state.

Speaker 5 (15:39):
Yeah, well, yeah, that's not really true. There are default
rules about who it goes to. And it's kind of
what you would think, right, it's going to go to
my spouse. I have a spouse, and it's going to
go to my kids. If I don't have a spouse,
it gets more interesting if you and your spouse have
different kids, and a lot of times that situation really
never lines up with what people want.

Speaker 4 (15:59):
You know, when you're leaving stuff to step kids, a
lot of people.

Speaker 5 (16:01):
Want to hand it like, get take care of my
spouse and then get to my kids right We're not,
you know, necessarily put in a situation where my kids
are going to inherit right away, which is under intestinate
rules that that can happen.

Speaker 4 (16:12):
When do people have to When should people update their
will or update their trust, like directly after divorce for example,
and maybe when they get remarried. How about how about
if they're just simply moving from Let's say you do
a trust and will for somebody here in Colorado and
they move to Texas, is that time to update? I

(16:32):
would certainly yes.

Speaker 5 (16:34):
I mean, that's interesting to pick those two states because
Texas is a community property state, which has different rules
around capital gainst tax, so that actually is a pretty
important move. But from here to Wyoming, sure, I mean
I still would advise people like you probably want. You know,
a validly executed will in Colorado is probably.

Speaker 4 (16:51):
Gonna be honored in Wyoming.

Speaker 5 (16:53):
But I just generally like for the paperwork to match
up with the current situation.

Speaker 4 (16:57):
But what if someone didn't. Let's go back to Texas.
You said, that's one of the you know, strange ones
or one of the different ones. Yeah, so how does
that look if we move, someone moves, they never update
the will and they end up passing away I mean,
most likely will. Everything goes somewhat smooth, but a lot
more steps. Yeah, I mean.

Speaker 5 (17:15):
The thing I'm referring to there is you might have
heard of the capitol of gains step up, where you know,
when you pass away assets that pass to people, the
capital gains basis bumps up to the data death value
will getty Texas in every state, but in community property states,
which is the state's running along the western coast of
the United States mostly, and then Wisconsin. Weirdly, there are
fourteen states that are community property states, and it bumps

(17:36):
up twice, So it bumps up entirely at the first
death and then again at the second death.

Speaker 4 (17:41):
That does not happen in the other thirty six takes.
So give me an example. Let's take like, what a house. Yeah,
so you've got let's say the house is paid off,
it's worth a million bucks. Now what so I pass
away and it goes directly to my wife? That doesn't
that doesn't trigger anything to you.

Speaker 5 (17:57):
Is that if your wife wants to sell the house,
she's got to get some step up from when you
passed away.

Speaker 4 (18:03):
So she'd have her fifty percent.

Speaker 5 (18:05):
Yeah, and then it would In a community property state,
it's the whole thing, stepped up, the whole thing.

Speaker 4 (18:10):
Yeah, so both of our shares, even though I'm.

Speaker 5 (18:13):
The only one percent step up twice. All separate property
states don't have that, So you can have a plan.
People in these community property states plan differently than those
of us in.

Speaker 4 (18:22):
Separate property states.

Speaker 5 (18:23):
Oh, they have a separate property plan and move to
a community property state or vice versa.

Speaker 4 (18:28):
You wh I think about that? You know, you made
me think of something saying that we hear of corporations
that will set up in Delaware. I mean, Dimitri, how
many times do you see a corporation and they're based
out of Delaware?

Speaker 7 (18:39):
Oh, it's like almost all of the major ones.

Speaker 4 (18:41):
And I'm pretty sure the reason they do that, they're
very favorable when it comes to going to court and
having different issues. And I'm sure you know some about it.
Dan of setting it up in there is setting it
up in Delaware. Oh yeah. Does it ever make sense
to set up a trust? And I'm not We'll talk
offshore maybe a little later, but I'm not talking offshore.
I'm talking in the country. Does it ever make sense

(19:03):
if you live in Texas to have the will actually
done in Colorado or somewhere else.

Speaker 5 (19:09):
Yeah, So you just still compared trust to LLC's and
I agreed with that, except that LLCs provide asset protection.
Like if I have an LLC and something happens and
it gets sued, it's supposed to be separate from me.

Speaker 4 (19:22):
My first is going to lie.

Speaker 5 (19:24):
A trust is not a revocal living trust does not
do that. That's the most common type of trust. There
are certain states, and again I want to say, maybe
it's fourteen of them that have certain laws saying we
will allow you to set up a trust in this
state that we will consider to be an asset protection trust,
even though you set it up for yourself, and it's
literally called that, it's.

Speaker 4 (19:44):
Called a domestics. Still not an LLC. It's a trust
and it's an asset protection Yeah. LLCs are for business,
and I would someone want that, Like, give me an
idea of why you would want an asset protection trust.

Speaker 5 (19:56):
If I'm in a profession that gets sued all the time.
So if I am a radiologist and I have a
high professional liability and I want to get assets. I
got more assets than I frankly need for my day
to day life, and I want to get them out
of my name. Putting them in a revocal living trust
is not going to accomplish that. If I get sued,
those assets are still on the line, just like if
I have them. But if I put them in a
trust in Nevada and set them up correctly and have

(20:18):
a trustee out there and it's irrevocable, I really can
tell people coming after me like, hey, that's in the
trust that you're not gonna be able to penetrate.

Speaker 4 (20:24):
That almost sounds to me is if in Colorado that
would simply be an irrevocable trust.

Speaker 5 (20:28):
Yeah, Colorado does not let you self settle trust for
asset protection purposes?

Speaker 4 (20:32):
Can you? But if you have an irrevocable trust, isn't that.
In other words, if I make a deal with Scott, Hey, Scott,
you're going to take care of me and my wife
until we die, although that'd be funny because he's older
than me. But anyhow, let's just say we make that
deal and in exchange, I don't have a lot of money,
but I'm going to have this trust to where my

(20:53):
life insurance policy or whatever I've got going goes into
the trust, and that is he's going to be the
beneficiary of it. And there's no way I can change
my mind because it's your revocable that money. If someone
came after me for that money for something, let's say
I was a radiologist. Yeah, I mean, they couldn't get it, right.
That's that's pretty tough to still it.

Speaker 5 (21:13):
They can still get a Nevada, Wyoming, Alaska, Delaware, South Dakota.
They all have statutory schemes specifically allowing you to set
up self settled trust trust for you. So the situation
you're describing, I guess is not a self settle trust
because you've given it away and you are not a
beneficiar anymore.

Speaker 4 (21:29):
Okay, So these states that.

Speaker 5 (21:30):
I'm mentioning allows your trust for your own benefit and
count those assets as not yours.

Speaker 4 (21:36):
They got it, okay, Dan, So I got to take
this break. But the question coming back, and I promised
Chris and whoever else is on we'll get into there.
But coming back, why wouldn't you set up a trust? Well,
I guess if you're not in a high risk business
or you don't have a lot of assets, would be
the reason, because you wouldn't spend the money to have

(21:57):
you do something like that ad of Nevada or one
of these other states. But you must do stuff like
that for some people. Oh yeah, So doctors are very common.
Doctors are very common. The most common asset protection trust.

Speaker 5 (22:09):
Actually, we do our medicaid trusts right where people who
are elderly are worried about losing all their assets on
ut care.

Speaker 4 (22:14):
I want to talk about that because I'm kind of
in that boat with my parents, and I'll explain after this.

Speaker 10 (22:24):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 2 (22:28):
You don't pay a cent until you're content.

Speaker 10 (22:32):
Please time for an insurance checkup free no obligation comparison
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (23:02):
All right, folks three L three seven one three A
two five five three ZHO three Martino. I was talking
to Dan, then I promise, I'm going to go to
Chris and Dick. We have two lines open three zero
three seven one three A two five five. Where else
can you get free legal advice on any path? And
I you know, Dan specializes in what Dan specializes in
wills trust, basically anything life planning. I think that's one

(23:25):
of the best ways to call it asset protection. But
we have attorneys that specialize in personal injury that can
help you. We have family law attorneys that can help you.
And Dan, I got to ask you this real quick
and then we'll take a call. But you went through
law school and then you graduate, and I'm just learning
this because of our daughter. I always thought, up until

(23:45):
our daughter was in law school, like when you're in
law school, you go, okay, I want to be personal
injury or I want to do this or that not
the case at all. No, it's simply not the case.
When they cut you loose from law school, I mean,
you've got to find a focus, find a job, book,
and then decide, you know, family law whatever. So when
you first got out of law school, what brought you,

(24:06):
what brought you to planning? I mean, what brought you
to where you are now? Did you do any other forms?

Speaker 12 (24:13):
No?

Speaker 4 (24:13):
I was letigator for ten years. Oh wait, wait a minute,
I'm remembering. I'm a consumer fraud letigator for ten years.
That's unbelievable. I've asked you this before and you really didn't.
You liked it. It gave you. Oh man, how you
described where you left?

Speaker 5 (24:29):
Yeah, it's uh, you know lawyers who do that kind
of work or kind of controversial you know. Right now
you've got the Consumer Protection Bureau is a controversial part
of the government that is been kind.

Speaker 4 (24:41):
Of shut down. Yep.

Speaker 5 (24:42):
And that is really in line with the kind of
law that I did. I mean, I was in the
private arena but doing class actions, and I was the
class actions are very controversial.

Speaker 4 (24:51):
Yeah, when you've done you can you talk about one?
I'm sure. I mean like we uh.

Speaker 5 (24:55):
One of the bigger ones we worked on was the
free credit report dot com, right, which is actually a
subscription service to get your credit score. We can go
on there and supposedly get a free credit report.

Speaker 4 (25:04):
Yeah yeah, and if you like, do everything perfectly, stand
on your head three twists, not back the.

Speaker 5 (25:10):
Things they asked for your credit card number during that
and then you know, everyone that we talked to who
didn't realize they were signing up for a subsecution thought
I thought that was part of the process of identifying myself, Say,
get me my credit report, and then.

Speaker 4 (25:22):
Could you guys win that one?

Speaker 5 (25:23):
I mean that really you said the class didn't get certified,
So I mean that's part of the frustration of this
is like to get the class certified, like you really
got to show everybody had the same experience, suffered the
same injury.

Speaker 4 (25:34):
So it's actually really hard to do, right.

Speaker 5 (25:36):
So you've got like, I mean, a very common use
for class actions is like car defects. Right, you got
a car if three percent of the cars have an
issue with the brakes, like you know, there'sons and thousands
of cars, Yeah, that is a problem. But it's like
how do you show or like a pacemaker. Oh, medical devices.
Medical devices are usually mass towarts, which is different than
class actions. Also a huge you know, conglomeration of cases

(25:59):
in the court system. But everybody's got their own case,
because if you get the pacemaker and I get the pacemaker,
maybe you have a heart attack, I have a stroke.
You know, what's your compensation versus mine?

Speaker 4 (26:09):
Crazy? Hey Chris, what's going on with you?

Speaker 6 (26:12):
Hey?

Speaker 13 (26:12):
Mark? Mine is more a cautionary tale than anything. But
I do have a couple of questions as well. And
this retains to a death that took place ten years ago,
so we're we've lost everything. It was my ex husband
and we've been divorced for many years, and the last

(26:36):
two to three years of his life he had a
common law wife.

Speaker 4 (26:40):
He died ten years ago. Yes, and then when he
died ten years ago, how long had he had a Well,
when you say common law, I mean I don't really
think it matters. I mean, if they file tax he
turns together, go ahead, it does, Okay? She well, ask
you something, Just hold on. I want to understand something, Chris.

(27:03):
Is your intention of talking and just using the word
common law, The fact that they really weren't married is
that where you're going correct? Did they live together?

Speaker 14 (27:14):
Yes?

Speaker 4 (27:14):
Did they file tax returns together?

Speaker 8 (27:16):
No?

Speaker 4 (27:17):
Did they own a house together?

Speaker 13 (27:19):
No?

Speaker 4 (27:19):
Did they tell people in public they were married? Okay?
Then why were they common law married? And who determined that?

Speaker 13 (27:28):
The state of Texas? Apparently?

Speaker 4 (27:30):
Okay, it just helped me out here. Why would the
state of Texas determine that even though every question that
I just asked you was a no. So what was there?

Speaker 11 (27:43):
If I take that back?

Speaker 13 (27:44):
Let me go back ten years after the day after
he died, and we went down to Texas, my daughter,
his heir, our daughter, I guess I should say. And
the common law wife presented me with this document that
said that it was a common law marriage. She wouldn't

(28:06):
let me copy it. She wouldn't give me a copy
of it. She said, go back to Denver.

Speaker 4 (28:11):
And I have never heard Now, first of all, we're
in Colorado. But Dan, I'll ask you if you ever
heard of a document that declares that you're common married.
I just never heard of that.

Speaker 11 (28:24):
I have not.

Speaker 4 (28:24):
I mean, that's usually a marriage.

Speaker 13 (28:26):
The whole point of commence exactly.

Speaker 4 (28:28):
No, that's not of common law. That's the whole purpose
of marriage. A document that you're married. Hey, do me
a favorite Kelly get get Bonnie shields On. I do
want to ask her that question. But keep going, Chris.
So she shows you this document. Let me guess what
happens here. The husband passes away your ex and then
instead of your kid getting everything, the common law or

(28:51):
his wife got everything.

Speaker 11 (28:52):
Correct.

Speaker 4 (28:53):
Okay, but somewhire, Dan, I know this is Texas, but
if this was Colorado, at some point some judge somewhere
agreed that the daughter would get everything right, cred that
the spouse got everything. Oh, I'm sorry, the spouse got everything. Yeah,
that can get time and dido.

Speaker 5 (29:12):
Sometimes we will put in a probate application, say this
is the spouse. We all say that they are the
common law spouse. But you notify everyone and let them know.
If you disagree, come present you know your case?

Speaker 4 (29:23):
Did you? Did you present your case?

Speaker 11 (29:25):
Chris?

Speaker 4 (29:25):
At that time, I'm just.

Speaker 13 (29:26):
Saying, here's what happened.

Speaker 8 (29:28):
Okay.

Speaker 13 (29:29):
The I never I couldn't even tell you what the
document said at this point and couldn't get a copy
of it.

Speaker 4 (29:37):
But it doesn't even matter what it said, because at
some point after he passed that.

Speaker 13 (29:41):
Then though Mark, I didn't know what the rules were
or not for common law marriage. And I come back
to Denver and I'm calling every county in Colorado trying
trying to find somebody that can prove that they were
common law married, and of course nobody has any record

(30:02):
of that.

Speaker 4 (30:03):
All right, hold on, Let's let me take this break.
I promise I'll bring you right up after the break.
I'm dying to see kind of where this goes, because
at some point it went through either probate, it went
somewhere right, Dan and the wife ended up with the money.
But this is I do want to get Bonnie Shields
on to see if she's ever heard of anything like this. Everybody,

(30:23):
hold on.

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(30:49):
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Speaker 4 (31:02):
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Frank Durant, Holmes dot Com. Now I'm going to go
back to Chris. So, Chris, continue your story. Ten years
ago you basically your your her husband died and he
apparently got remarried, but they didn't actually get married. The

(32:08):
judge basically said, well, no, you actually said you saw
a document from her, although you could never find where
that document came from or find it again, that said
they were common law married, right, Chris.

Speaker 13 (32:21):
Correct, except that we never got to a judge.

Speaker 4 (32:23):
You never Okay, hold on, I wanted to ask Bonnie
Shield something. I have two attorneys involved in this. Dan
McKenzie is going to jump in on part of it.
But Bonnie, I wanted to ask you this. Have you
ever seen a document in your life from any state
we happen to be talking about Texas that literally says
I assume it's or Colorado, anywhere I don't care, Bonnie,

(32:44):
anywhere that says someone's common law married. Wouldn't that be
called an actual marriage a marriage certificate?

Speaker 7 (32:52):
Not at all?

Speaker 12 (32:52):
I see him. I've seen several. They're usually called after
David of common law marriage. Wow, it happens that I
see it. Poor when you go into your HR and say,
I'm coming on married. I want to put my wife
on my health insurance. I've got a police department require it,
got it? So I have, and I have one in
a case. Currently, there's an affidavit or fancy for something else.

Speaker 4 (33:14):
So body once that's in place, if there ever was
an argument upon death, for example, if that was the
wife or not, that Affidavid would pretty much prove in
most circumstances. I'm not saying it could have been phonied
up or something, but in most circumstances they are married.

Speaker 12 (33:34):
Well, it's it's still iffy. And the reasons I actually
the one I had where it was a police department
Affidavid that the one of the party signed. We went
to court many years later and I got the judge
to find there was no common law marriage because their
actions after that like filing separate tax return.

Speaker 4 (33:57):
So they did it just for whatever benefited at the time.
Was your argument. Okay, hold on, So this isn't going
to be as quick as I thought. So if you
can hold on, that'd be great, Bonnie, because we're up
against it. But Chris, so, now we're ten years later,
he died and basically the wife instead of his daughter
with you got everything? Is that part correct?

Speaker 13 (34:21):
Correct? Mark? And now that we've got this affidavit thing
nailed down, I'm pretty sure that's what happened because he
came down with cancer he had no insurance.

Speaker 4 (34:33):
The woman there, all right, hold on, hold on, hold on,
we'll come back to that, Bonnie. Just if you can
hang on greater, I can have Kelly call you back
wherever you want to handle it. And Dick, I promise
I got an insurance expert if I can't answer it.
And then we have two lines open. Three oh three
seven one three eight two five five three oh three Martino.

Speaker 10 (34:57):
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Speaker 2 (35:01):
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Speaker 4 (35:32):
Rip of news.

Speaker 1 (35:36):
You needed, that's who you don't have. Come Run anxious
as fast as you can. Shooter's gonna help.

Speaker 4 (35:45):
Come man, This is the Troubleshooter Show.

Speaker 3 (35:50):
No Tom Martine, Welcome, Welcome to be the only show
if it's came.

Speaker 4 (35:58):
We're here to solve problems, answer your question, take complaints.
Our goal in life is to make your life just
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(36:18):
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(36:38):
dot com and once again referral list dot com. Now,
I want to go back to Chris and get this
finished up since we have our expert, Bonnie Shields on.
But Chris, so what, I'm going to lock you in
and I'm gonna lock Bonnie in right here. Hey, Bonnie,
do I got you? Bonnie oh I'm here yet. Okay, excellent. So,

(37:02):
so I want to see where we're going with this. Bonnie.
You were saying you had somebody years ago. Let's let
Chris finish up where she's going with this. So, so
Chris ten years ago, and I got a recapp because
we get a new audience. So ten years ago, your
husband passed away.

Speaker 13 (37:18):
Right, correct, Well, my ex husband.

Speaker 4 (37:21):
Ex husband passed away, and you guys had a kid,
a daughter, correct, And when he passed away, you thought
everything was going to the kid, correct, correct, But it didn't.
It ended up going to a common law wife. And
at some point she went out and got some form

(37:41):
of AFFI David for some reason. And Bonnie said, that
could have been anything, to get on an insurance policy.
It could have been for anything.

Speaker 13 (37:50):
So when he came down with cancer and had no insurance,
they did this document that was necessary for him to
get on her and sure that were.

Speaker 4 (38:01):
Oh my god, Dan Mackenzie's listening to this too, hey, Bonnie.
So what happened in the case you were talking about
where it was kind of similar to this. Did you
end up arguing in front of the judge or during
probate or what? How did it go down.

Speaker 12 (38:18):
Yeah, we had a hearing and I just had a
lot of evidence that they but after they signed that
that they didn't really go by it, and like filing
tax returns like you're not married. That's you know, that's
a really big one. There was that one. And the

(38:39):
other party had been applying for all kinds of government
aid everything that she could find and claiming that she
was a single mom with no income and getting all
these government benefits. And the judge said, yeah, that Affidavid,
that was just because you guys needed health insurance and
it you didn't really consider yourself married, because common law
marriage is all about what do you hold yourself out
to the public?

Speaker 4 (39:00):
Yeah, are you married or not?

Speaker 12 (39:02):
Yeah, everything they did after they sign that said we're
not married.

Speaker 4 (39:05):
So Chris, so with Bonnie and now I completely understand
at least you know how this could go either way,
I mean, basically married or not. At some point didn't
did you not argue to the judge during probate? Was
probate opened up?

Speaker 13 (39:22):
As you can imagine, it's a very long complicated story
with many people.

Speaker 4 (39:27):
Well, we don't need to get it that complicated. Was
your probate?

Speaker 13 (39:30):
The bottom line which is why I said this was
a cautionary tale, is that we did not go seek
legal advice, got it, and then the time ran out,
and my daughter was in charge. Although I was guiding her.
She she was promised by family members just stand back,

(39:52):
stand by everything. That's going to be fine until the
time ran out, and then she got the and law
wife made sure she had her name on everything, and
we lost.

Speaker 4 (40:06):
That's incredible. Since then, that's absolutely an incredible cautionary tale.

Speaker 13 (40:12):
Exactly exactly. And this affidavit of marriage, for whatever reason,
is really irrelevant in our story at this time, because no.

Speaker 4 (40:23):
But it's not irrelevant to people listening out there. That's
why at all.

Speaker 13 (40:28):
People need to be aware of what the rules are
for common law marriage because none none of us knew,
none of his family, none of his friends, nobody knew
about this common law marriage until after he was dead.

Speaker 4 (40:47):
Yeah, I get it. It's insane, Chris, and I appreciate
you calling about that. You know, it's a horrible tale,
but it's a great tale for people listening. And I
want to tell everybody out there too. Family law. That's
Bonnie Shields. You hear talking anything divorce, child custody, uh,
pretty much. You name it. That's what Bonnie Shields does.

(41:09):
I mean, that's about it, right, Bonnie. I mean anything
that falls under family law.

Speaker 12 (41:15):
Yep, yep, there's there's a law. I will tell you
common law marriage. Of all the subjects that I've dealt with,
the last twenty two years, that is the most complicated,
not complated. It's the most misunderstood. It's the most misunderstood.
So if if you hear that word coming out, talk
to somebody who knows what it really means, because it
could make a big difference like this in the future.

Speaker 4 (41:37):
Yep. That's Bonnie Shields three oh three seven nine eight
one nine two seven seven nine eight one nine two
seven or Bonnie Shields Law dot com. Thank you Bonnie
for that. Dan mackenzie, how many times have you had
something similar to that happen? In other words, you have
somebody that thought the money was going to go to

(41:58):
their kid, not there, but the kid they had with
the ex wife or the ex husband. And then someone's remarried,
and then all of a sudden there's a spouse involved
that no one kind of knew about, and this this, uh,
this happens. I mean, that's an incredible tale she told.
And what if she called you guys and it was

(42:19):
in Colorado, what what advice would you give it to
that point during probate, hire an attorney and we've got
to prove they weren't actually common law married.

Speaker 11 (42:29):
Yeah.

Speaker 5 (42:29):
Uh, the questions you ran through earlier, are there are
the right questions asking?

Speaker 4 (42:34):
It's not clear cut.

Speaker 5 (42:36):
Sometimes people think that, you know, if you live with
someone for a certain amount of time, you're married, and
that's not really it at all. It's are you holding
yourself out as married? Do people think you're married?

Speaker 4 (42:45):
And so if you have every neighbor saying, hey, no,
they just were roommates, they never we never thought they
were married. Hell, they were dating other people.

Speaker 5 (42:54):
A problem is with the states and probates is just
like it's a zero sum game. At the end of
the day, every time that goes to that spouse, if
it's a spouse, is not going to the daughter and
vice versa.

Speaker 4 (43:05):
Like there's so either this and she can read because
she's got full control of that money, she could redirect
it to her kids. She oh, it's hers. Why would
she give it to the Why would they give it
to this daughter stepdaughter? I guess have you seen injustices
like that that?

Speaker 5 (43:20):
I mean that really it goes both ways. I mean,
the spouse might be desperate. The spouse might be living
in this house and have no ownership interest in it,
and suddenly they're like, ill, maybe out on the street,
I need to like we were married. Yeah, So it
does go both ways. Sometimes it's the spouse who is
the sympathetic character.

Speaker 4 (43:37):
So if someone has a trust right now, and or
they've had a trust for a while and they were
married to person one and at some point there's been
a divorce and there's just been differences. Now I don't
care if they're remarried or not, but they're not living
together and let's say the kids are going back and
forth or whatever. I mean, at that point, you'd be

(44:00):
crazy not to redo the trust or at least have
someone look at it and tell you what could happen.

Speaker 5 (44:06):
Yeah, you got to, Yeah, take everything out of that
trust and do it again, right, do it?

Speaker 4 (44:10):
And I said something there that's interesting. There'd be no
reason to hire you or in my opinion, any other
attorney to look at a trust you have now, simply
because why not just create a new one? Right? If
the change. Is that dramatic?

Speaker 5 (44:26):
We're divorced now, Yeah, and I created a trust with
my ex spouse. There's just no way we're going to
set it up again with the xpouse, right, So it's
going to be a new trust.

Speaker 4 (44:34):
It's going to be a new trust altogether. What a
crazy deal? Three oh three seven, one, three eight two
five five two lines open?

Speaker 7 (44:41):
Dick?

Speaker 4 (44:41):
What's going on with you? Hey, Dick? Here are you?

Speaker 11 (44:48):
I'm fine?

Speaker 4 (44:50):
What's your question?

Speaker 8 (44:51):
Sir?

Speaker 11 (44:52):
Well, you know, I'm probably like a lot of people
in the state. Uh, insurance rates I have gone up appreciably,
and I'm trying to find that, you know, I'm trying
to find out if there's a somewhere that is a
how do I say that is not a somebody that's

(45:15):
being funded by some insurance company or some of the
company that would tell us, like claims rate, who has
paid their claims here in Colorado? Because I've heard a
lot of stories about do you mean.

Speaker 4 (45:27):
Who's paid their claims? I mean, what, for example, what
insurance company is better at paying claims than others?

Speaker 11 (45:35):
Exactly? Exactly.

Speaker 4 (45:36):
Well, Compass Insurance deals with thirty plus companies. They're going
to be able to tell you the best, and they
could definitely tell you the worst as well.

Speaker 11 (45:46):
Well. Unfortunately, Compass could not find anybody.

Speaker 4 (45:49):
Now, why couldn't they find somebody for you?

Speaker 11 (45:52):
I they said something to do with the age of
my roof, and this and that and the other. I've
got insurance right now, I've had other company. But he's
quote on this. Yeah. My concern is that some of
the I don't want to get into who's quoting, but
some of the companies that have quoted, I don't know
if if in fact, you know, the bottom line is

(46:14):
at the end of the day, is that company going
to pay the claim? Number one? Number two is the
claims are what you're going to have to go through
to get them to pay the claim? Is it work?
You know? Is it worse what I'm paying them to do?

Speaker 4 (46:28):
I got you hold on, let me take this break.
I got a lot to digest there, and I've got
a lot of comments on that. One of them is
a company called SAFECode that I have right now, and
I had to fight tooth and now I literally, I
literally know exactly what this guy's asking, as crazy as
it is, and I'll tell you what I went through

(46:49):
and then hopefully I'll know the name of the company
you're dealing with and can give you some insight, or
we can find it out. The other thing we got cooking, well,
we've got a lot cooking. We got one line open
three oh three seven one three eight two five five.
Can't you hold on? He's got a question for Dan
as well.

Speaker 10 (47:12):
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Speaker 4 (47:16):
You don't pay a.

Speaker 2 (47:17):
Cent until you're contenth.

Speaker 10 (47:22):
Time for an insurance check up, free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank Durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 4 (47:44):
All right, two oh three seven one three eight two
five five three oh three Martino. By the way, uh,
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(48:48):
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(49:13):
So I went from you don't have any damage to
a check for thirty seven thousand, and it took me
over a year. It took me a year to get it. Now,
it wasn't Safeco, but it was the insurance company I
had right before Safeco five years ago, hailstorm. I call
him up, they say no damage. About six months later,
I see both my neighbors getting a new roof. I

(49:34):
called Matt at Paragon back then too. He came out
eighty thousand dollars. Both times two different insurance companies, and
Safeco's supposed to be a good one. Both of them
said sorry, you're not getting any scratch from us. And
both times, after I got a public adjuster involved, I
got paid. So to me, they all suck.

Speaker 11 (49:58):
Well. And that's and that's the problem you're trying to
or I'm trying to avoid.

Speaker 4 (50:04):
Who are you talking about right now? See, unless if
it's chub trouble, pay you, but Chuble won't now might
not cover you.

Speaker 11 (50:12):
Well, I've got four different companies that are quoting on
it right now. That's what happens to be that safe
Safe Co is the one that is ensuring my autos
in my home right now. My problem with them is
that in the last two years they virtually doubled my rate.

Speaker 4 (50:28):
Yeah, well that you're going to find that everywhere.

Speaker 11 (50:30):
De side of that. Look, yeah, I'm sorry.

Speaker 4 (50:32):
What you're going to find the rate doubling everywhere? But
who are you quoting besides Safeco? And they're not going
to drop you or anything? Right or are they.

Speaker 11 (50:41):
No, they're not going to drop me. It's just that
that the price has gotten to the point where I
say I've got to I've got to take you.

Speaker 4 (50:47):
You're saying, uncle, uncle, I get So who are you quoting?

Speaker 15 (50:51):
All?

Speaker 11 (50:51):
State, State Farm, American Family, and Farmers.

Speaker 4 (50:56):
Okay, first of all, I'm only going to tell you
I don't like really any of them, and I have
recently got quotes from all of them. I'm going to
tell you one thing I don't want to happen. I
absolutely don't. And I just knew this. I just know
it from the show because I do this show. But
so I quoted with Farmers and State Farm last year.

(51:18):
I think it was around Novembers when my renewal is,
and Farmers gave me a deal I couldn't refuse. In fact,
it was so good, I was like, this is crazy.
It wasn't an ACV. It was like a five thousand
dollars deductible, which is fine with me. I don't care.
And it was everything I wanted in a bag of chips.
But I thought it was too good to be true,

(51:40):
so I did not cancel my Safeco. Sure enough, Farmers
sent out someone to eyeball our property and it was
too much for them. And what I mean by that
is we're in the woods, and they looked at the trees,
they looked at what the total loss could be, and
they declined it. So I only had a thirty day

(52:01):
binder by the agent that happened to be an Elizabeth.
And by the way, if you're that agent and Elizabeth,
you suck, You suck, because I told you this was
gonna happen. If I knew her full name, i'd give
it out right now. I'm so mad just thinking about her.
It's insane. I told her, is there any way they
can cancel it? Is there anyway? And I called up

(52:21):
Brian Burnsey compass. He goes, you're insane to cancel Safego.
First of all, if you wait, they'll let you cancel
in the rears and you'll get all that money. It's
not like you can have double insurance. But the bottom
line is that, so if anything comes out of this
conversation that I'm dominating with you, Dick, it's this, You
do not cancel that damn Safego until you have a

(52:43):
fully operational, not some thirty or sixty day binder from
the agency. But every one of those companies you name
suck in my opinion.

Speaker 11 (52:55):
Okay, excuse me, And that's what I was trying to find,
doubt or if there was somewhere that would tell you
they're playing their claims, paying frequency or the difficulty of
working Dick.

Speaker 4 (53:10):
They also, I just told you the last two I had,
I literally had to threaten legal action and hire a
public adjuster to get paid. They outright denied claims. Sure
they're all listen, let me tell you. They don't call
them adjusters. I don't even know why they call them adjusters.
Has anybody here ever had an insurance adjuster actually adjust up?

(53:32):
Have you ever seen that happen? Oh wait a minute,
wait a minute. We don't want to give you twenty
thousand eight, Where will we give you fifty? I've never
seen that. All they do is do they deny, deny, deny.
It's their whole business model, in my opinion, every one
of them. Does anybody here like any insurance company? I
love people to go. Oh, I love All State. I've
had them thirty years and I say, hey, have you

(53:54):
ever had a claim? And you know what they say, No,
I've never. How do you even know you like them?
You've never had to deal with them? Dick, do you
have any more questions? I'm sure I'm talking your ear off.

Speaker 11 (54:04):
No, sir, No, I I think you kind of answered
my question, which is what I was afraid of. Yeah,
there is no place you can really go. I mean
you can go online and who's the top ten insurers?

Speaker 4 (54:16):
And three you threaten the lawsuit will eventually pay you.
That's how it worked for me at least. Yeah, So
that's fine.

Speaker 11 (54:26):
I appreciate the time, I appreciate the information, and thank you.
I guess we just have to play it by her.

Speaker 4 (54:32):
Yeah, I'll just make sure. The one thing you're not
going to do is what.

Speaker 11 (54:37):
Yeah, well, I'm not going to cancel the safeg policy,
which automatically. They they've got my credit card, so they'll
go ahead and they'll h you know, and save the policy.
And then what I may do is shop around and
make sure I've got some other insurance.

Speaker 4 (54:52):
And you make sure it's not just a writer. Listen
to me. You make sure that it's not just a
binded policy by the agent. That's how they'll trick you.
Then you're screwed. Don't allow it. You make sure you
have a fully enforced one six month whatever term policy
you're buying. Dick, I appreciate it. And if Safeco or
whoever you end up with doesn't pay you when you

(55:15):
have a claim, I will help you kick them in
the nuts. Three zero three seven one three eight two
five five Dan Mackenzie, I get so fired up on
insurance companies. You deal with life insurance a lot, right, Yes,
So are they a pain in the ass? I mean,
just say it. You don't have to give names to
different companies. I mean, does it take like if I

(55:37):
have a million dollar policy and I die? In general,
how long does it take my spouse or my kids
to get the money.

Speaker 5 (55:44):
It's usually very fast, depending you know, if the person
who had the policy has named a doesnate a beneficiary.
I mean, that is a contract with them, and it's
pretty clear then they're going to do it.

Speaker 4 (55:55):
So it's pretty unless if it's something like suicide in
the first year or something. Obviously those things they can
lead to destigations.

Speaker 5 (56:00):
Yeah, we have somebody who bought a policy really like
the person died too soon afterwards, and they're kind of
contesting that.

Speaker 4 (56:07):
So we're seeing some delay there. What is too soon?

Speaker 5 (56:10):
Like they bought the policy and then the person died
like within I forget how much time they had before.

Speaker 4 (56:15):
It's like they were really going to pay out. Yeah,
but just like you said, isn't that contractual?

Speaker 5 (56:19):
Or they are so they're saying, I was in the
contract right, We're not going to pay for the death if.

Speaker 4 (56:23):
It's under thirty days or whatever. So you're arguing that,
what's the basis for the argument? We're not, are you
right now?

Speaker 5 (56:30):
I think they are going to get it and they're
taking care of it on their own, So I'm not
kind of involved in that.

Speaker 4 (56:34):
Wow. Yeah, does that happen? A lot of people fall
outside now because most of those policies, you know, we
all see the movies, you know, Yeah, the wife dies
and the husband just got a life insurance policy, you know,
six months before for some outrageous amount of money, and
she slips and falls down the stairs. But in general, people,

(56:55):
these policies like Suzanna and I are life insurance policies.
I think I in when I was thirty five on
a thirty year policy. That way, you know, it doesn't
get super expensive into my sixties. It's still very reasonable.
But I got to keep it going for thirty years.
So I mean our policies are you know, we're almost

(57:15):
twenty years into these Yeah, wouldn't you say that's more average? Sure?

Speaker 5 (57:19):
Yeah, yeah, and at that point maybe you don't need
life insurance anymore as kind of the thought.

Speaker 4 (57:24):
But you can analyze that. But yeah, I don't.

Speaker 5 (57:26):
I don't run into denial of insurance claims in that
area like you do in these property insurance.

Speaker 4 (57:32):
And have you ever been denied a claim on say
your house or your car or anything like that?

Speaker 5 (57:38):
Me personally, no, okay, but you know people, oh sure, yeah,
it's the entire Yeah.

Speaker 4 (57:45):
Yeah, I mean all you have to do is wake
up and just look and you'll see ten of them.
Oh yeah, what's your question for Dan?

Speaker 16 (57:55):
Hey?

Speaker 15 (57:56):
Cam?

Speaker 4 (57:57):
Oh, right, I'm doing good after that last guy got
me all rolled up.

Speaker 15 (58:05):
My question is kind of relates to the state. I
guess it's my parents. They've I mean it recently inherited
my grandmother's estate. They've they wanted to pass it through
that they they ended up not doing that, but they're
they're My question is how fast do they need to

(58:26):
look at getting into a trust because they've.

Speaker 4 (58:29):
They've had they have a will.

Speaker 15 (58:30):
It's was abroad twenty years ago. Uh, there's state before
that was probably worth five million, and now they've probably
added another seven to eight million onto that. So my
I guess, my, how quick do we need to expedite that?
They seem a little their little old faction.

Speaker 4 (58:48):
Then, oh, Jackie, is it just you give us a
little information on the family. So your grandmother died, I
assume that was the last bit of money that would
be passed on to your parents or is there another
side that's still.

Speaker 15 (59:00):
I hope that that will be the last.

Speaker 4 (59:02):
That's all fair, So your parents it all went to them,
So in other words, there's no or whatever went to
them they now have correct And then how about you?
Are you the only child? Do you have siblings?

Speaker 11 (59:13):
No?

Speaker 14 (59:13):
I have a sibling.

Speaker 15 (59:15):
But my biggest question is just, you know, yeah, how
fast I think there will is going to be you know,
outdated as far as covering, And what do we need
to do to get this into the trust or does
it make sense to put it into a trust? I
guess just looking for some GUIDs.

Speaker 4 (59:32):
Well, okay, it's kind of funny because I want to
ask Dan this because there's two there's two perspectives here.
There's Jack's perspective or Ken's perspective. I'm sorry, Kent, And
then on top of that, there's the parents perspective. And
I've always said this to you, Dan, like I paid

(59:53):
for my parents trust because ultimately I'm the beneficiary. So
I mean, I never thought, why wouldn't you. I would
think a lot of kids should pay for the trust.
I mean I don't know why they wouldn't, but whatever,
But when someone hires you, even if Kent's paying for it,
you still have to look for the parents' wishes, right,
That's the problem.

Speaker 5 (01:00:14):
So we have ethical rules, you know, they really are
for litigators, but we all all attorneys are governed by
the same rules. So the Bar Association doesn't want people
paying for lawsuits like, you know, to encourage litigation. So
we got all these rules around who can pay for who,
and yes, people can pay for someone else's estate plan.
But it's like going pretty clear, like you're not the client.

(01:00:35):
And if they come in and say, you know what
we're going to create, we actually don't like mark and
we're cutting them out. Yeah, it's pretty awkward, of course.

Speaker 11 (01:00:42):
And.

Speaker 4 (01:00:45):
You might be a little annoyed when that plan comes
to light. But to go to his particular question, Kent's
basically saying, they just inherit this. I counted a little
over ten million there. I mean, how I don't know
the health your parents are in Kent, but he does
have a good question, how quick should they be moving
on this if their will's twenty years twenty years old,
but if it's only him and one sibling and basically property,

(01:01:09):
I mean, well there could be a lot of tax
ramifications to them. Huh yeah, Well why aren't they going
to die?

Speaker 15 (01:01:16):
Well, that's that's kind of one of the issues. My
dad has recently been diagnosed with Alzheimer's. He's seventy nine,
and my mom's saying.

Speaker 4 (01:01:23):
Okay, it's urgent, Kent.

Speaker 5 (01:01:27):
I mean, he's got to have capacity to sign the document, right,
he's got a twenty year old. The biggest problems we
run into are it's not Intestine. They've got a twenty
year old will. So the biggest problems we run into
actually in probate process, that our documents are way out
of date and leaving you probably have a guardian. You
ready to go live with your uncle.

Speaker 4 (01:01:44):
I mean that's kind of a joke. You're not going
to get sent to live with your uncle.

Speaker 5 (01:01:47):
But you know, you've probably got people in there that
are going to be fiduciaries and aren't you and maybe
you or your brothers should be those people.

Speaker 4 (01:01:54):
Now how old are you three? Okay, maybe you are
the per and their money.

Speaker 15 (01:02:03):
I don't need I mean, it's they're just it's just
been making well they're doing what makes sense in the
long term.

Speaker 4 (01:02:11):
Well what makes sense is they go in and visit
with Dan or visit with an estate planner. I mean,
no matter what, even for asset protection, for for anything.
I mean, I think there's too much money there to
you know, try to hide, not hide, but try to
uh how do I put this? Not not pay medicaid?

(01:02:33):
I guess that's the only way I can put it
or not have Medicaid come after some of the assets.
I would say that's probably a little too high in general.

Speaker 5 (01:02:40):
Right, Yeah, I'd be surprised if someone on twelve million
bucks wanted to subject themselves.

Speaker 4 (01:02:46):
To Medicaid coverage. Yeah, it'd be kind of to Oh yeah, exactly.
That's the other side to it. They want to stay
in a place other than Motel six. So but ket
you got to tell them to get on it. But
that's that goes back to the conversation that we started
this with. So ultimately, what I did is I told
my parents, you go out, you do it, and then

(01:03:06):
I'm just going to reimburse you because I found that
the best way. Or buy him a bedroom set or
what you know, whatever it is to where I end
up paying for it. I mean, you don't see any
issue there, right, Oh no, I mean because they paid
for it, and big deal, I buy him something.

Speaker 11 (01:03:21):
Yep.

Speaker 4 (01:03:21):
So but cant that's something maybe you and your sibling go, hey,
you know, let's uh, maybe you and I talked to
somebody called Dan up and hire him like like like
we said, though, there's there's certain things. Yeah, just call
him off air and talk to him about it man. Yeah, yeah, yeah.
Are they in Colorado?

Speaker 14 (01:03:40):
Yeah?

Speaker 4 (01:03:40):
Are they in Colorado?

Speaker 14 (01:03:42):
They're in Wyoming.

Speaker 5 (01:03:44):
Okay, they need a Wyoming attorning the Yeah, you definitely
need a Wyoming Hey, I appreciate any other questions.

Speaker 4 (01:03:52):
Hey, thanks? Can I appreciate that? Three oh three seven
one three eight two five five. We've got someone's got
a question on trust issue with an HOA and whoever's
online one, I pray it's not Drew.

Speaker 10 (01:04:09):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 2 (01:04:13):
You don't pay a cent until you're content.

Speaker 10 (01:04:19):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two.

Speaker 4 (01:04:44):
All right, everybody three zero three seven one three eight
two five five. During the break, Dmitri Deputy d was
reminding me of a dog at large ticket I had
years ago, maybe one of these days. Maybe one of
these days I'll tell the story on air, but I
will finish it up during the break if you go

(01:05:05):
to our YouTube YouTube dot com Troubleshooter Network, And yes,
these are true stories. Unfortunately, I have the neighbors that
remember from Castle Rock with absolutely no doubt, and one
of the attorneys that I ultimately ended up getting it
into with years later. But that's just a side note
on that. Let's go right back where did we leave off?

Speaker 11 (01:05:27):
Here?

Speaker 4 (01:05:28):
Don I do have an update?

Speaker 17 (01:05:29):
Okay, because you know you kind of told me on
the break that I'm too nice.

Speaker 4 (01:05:33):
No I didn't say you're too nice? Okay, no, no, no, no, no.
You want to have this conversation on air, We're having it.

Speaker 17 (01:05:39):
We're having it because I need to tell you, Okay,
go ahead, that a very nice lady called Drew. And Nope,
not Drew, it's a lady, a lady she called and
said the show is so good today and wanted to
extend her regards to you.

Speaker 4 (01:05:56):
And what's her name? So you probably know what? You
probably know her favorite meal, what color shoes she wears,
wherever she lives, and the other eight hundred questions. Oh
my god, So let me tell you my wife does it.
My wife does it better than anybody. Now that sounds

(01:06:17):
strange just in general. That could be taken in so
many ways. But here's what I mean by it. Before Kelly,
she would screen the calls, she's the executive producer, but
she would also be back to and Suzanne does what Kelly,
do you remember how we taught you back in the day. Yeah,
I Troubleshooter show what's your first name? And then I

(01:06:41):
don't do that? And you would say, example, you would say, well,
I just want to know what's your first name? And
then they give you a first name. I've that's your question.
I've gotten better over the year. And that's it. Here's Kelly.
Though I listened to her people on YouTube. Can hear
Tom Martino show? Do you want to talk to Mark?

Speaker 11 (01:07:02):
Oh?

Speaker 4 (01:07:02):
By the way, what's the weather like where you're at? Oh?

Speaker 2 (01:07:05):
What what's your favorite meal?

Speaker 4 (01:07:06):
Oh? Do you like pie? Pie? Do you like compliment?

Speaker 10 (01:07:13):
Oh?

Speaker 8 (01:07:13):
Mark?

Speaker 4 (01:07:14):
Huh huh? Now wait a minute, Shannon, I want to
bring you in on this real quick. No, you should
break first. No, do you got to break? That's that's
Kelly's fault as well.

Speaker 10 (01:07:24):
Hold on, go with a sure thing Denver's best roofer
Excel Roofing dot com.

Speaker 2 (01:07:32):
You don't pay a cent until you're content.

Speaker 10 (01:07:38):
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two.

Speaker 4 (01:08:00):
All right, three oh three seven one three eight two
five five. I've got one. We're trying to get them on.
I'm gonna get right back to the phones I promised,
but we're gonna try to get one on.

Speaker 11 (01:08:13):
Uh.

Speaker 4 (01:08:14):
There's an HVAC company out there that has been using
our good name, our intellectual property. To be quite Frank,
that's driving me insane. I just got another complaint on them.
The complaint within itself wasn't that bad. But when I
looked at their invoice, their actual invoice, I don't have

(01:08:34):
it right in front of me. Oh yeah, I do.
I do have it right here. Their actual invoice says,
this drove me crazy. In fact, my blood pressure literally
is going up right now. We are recommended by Consumer
Advocate Radio's Tom Martine. Yep, that's what it says. They
must not know that is intellectual property. But that's okay.

(01:08:57):
That's okay because I've already had this conversation with to
these guys ten years ago. And when we get this
caller who's got a problem with this company, I'm not
even going to say the name of it now. I
see your freaking vans all the time, though I'm not
dropping it this time. I am not dropping it. You know,
we don't recommend you. I assure you we don't recommend you.

(01:09:20):
And if we did, it was fifteen years ago. Fifteen
years ago, Alison Jack Sherry, I promise right after this break,
I'm going directly to you three first one line, open,
three oh three Martino, question on life insurance, comment on
a trust and an issue with an ho AA, all

(01:09:41):
that and a lot more right after this on the
Troubleshooter Network.

Speaker 10 (01:09:50):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 2 (01:09:54):
You don't pay a cent until you're content.

Speaker 4 (01:09:58):
On top of it.

Speaker 10 (01:10:00):
Time for an insurance check up, free no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 1 (01:10:25):
Ripped of.

Speaker 8 (01:10:28):
News so you don't have.

Speaker 18 (01:10:33):
Come.

Speaker 8 (01:10:33):
Runs as fast as we can.

Speaker 1 (01:10:36):
Show Shooter's gonna help.

Speaker 3 (01:10:38):
Come man, This is the Troubleshooter Show Now, Tom Martine, Welcome,
Welcome to the only.

Speaker 4 (01:10:47):
Show if it's kind. We're here to solve problems, answer questions,
take complaints. Our goal in life is to make your
life a little bit better. I gotta tell everybody out
there you should join us on YouTube. You go to
YouTube dot com, type in trouble Shooter Network. If you're
new to the show, share it with people. You can
not only watch us, but you can hear us talk
during the breaks outside of the commercials. It's kind of cool.

(01:11:09):
But three zero three seven one, three eight two five
five is the number to call right now or three
zero three Martino any questions you have Attorney Dan McKenzie
sits to my left, Deputy d to my right across
the table. Deputy chopper he used to fly helicopters for
Was it Denver PD chopper or was it a Denver

(01:11:31):
Does the county have choppers?

Speaker 9 (01:11:34):
No, the it's a different situation in Denver. Denver is
a city in county. Yeah, I know, and the police
department is basically everything everything it is that so they
don't have county. They don't have Denver County sheriffs. Yes
we do, but they're mainly court officers and subpoena servers,
got it, officers of the court.

Speaker 4 (01:11:52):
I understand. Now we talk a lot about and I'll
go right to the phones here, but people make fun,
you know, hanging out at the doughnut store. We've all
heard that, We've all seen it. How much truth is there?
There are a lot of cops, so I'm just asking
you because you were Denver PD, so, sir, a lot
of them lazy and were always at the donuts store

(01:12:13):
or what.

Speaker 9 (01:12:13):
I had a Mister Donut in my area and I
had a booth with my name on it.

Speaker 4 (01:12:18):
I believe that, Okay, I guess, I guess. You know,
he's jest in jest, but at the same time a
little truth.

Speaker 11 (01:12:26):
Right.

Speaker 9 (01:12:26):
I did all my reports there. You did literally, I
mean literally with somewhere to go where you can write
with a flat table in front of you.

Speaker 4 (01:12:34):
And heat donuts. After a while, you get tired of donuts.
Now if you buy him one at a time, once
you hit twelve, do you get the thirteenth? Three? The
Baker's dozen? Does that come?

Speaker 11 (01:12:44):
Sir?

Speaker 4 (01:12:44):
What was the word you said? Buy?

Speaker 11 (01:12:47):
Yo?

Speaker 4 (01:12:47):
I you know what? That's the other thing? Yeah, they
don't buy donuts, do they. I mean, we've all heard this.
I wonder how true that is? The place never got
stuck up? Why I always there? I bet you never did?
All right? Three oh three seven one three A two
five five Allison? What is your question?

Speaker 8 (01:13:05):
Oh Mark?

Speaker 18 (01:13:06):
I'm president of a small townhouse development and it's lovely
and we have a lovely hoa board, and we have
a management company. But we face what many townhouses and
condos face in that insurance is incredibly horrible, and we

(01:13:28):
lost our wine insurance policy. Our management company scrabbled around
really really, really hard and found another one for us
where we didn't have to suffer A great increase this
year over last year.

Speaker 4 (01:13:43):
That's amazing.

Speaker 18 (01:13:45):
Yeah, but the problem is the management company is now
pushing hard that each one of our twenty four homeowners
buys their own internal and external insurance policy.

Speaker 4 (01:14:01):
Well, then why did they It doesn't sound like you
went with a new insurance company at all. Then if
they found another one where it didn't increase that much,
what is that insurance company for if the residents are
going to be covering the external.

Speaker 18 (01:14:17):
Well that's why the I think the idea is that
that company is only going to be covering us for
this year and when it comes to the end of
the year when we have to get a new policy
and we are being encouraged to you know, and this
is not struck in the rules and regulations yet. Yeah,

(01:14:37):
just a matter of conversation, why do you think?

Speaker 4 (01:14:39):
But hold on, Alison, why why is this conversation even
taking place? Why would an insurance company go ahead and
cover you guys this year in a normal capacity instead
of each you know, tenant paying something compared to in
saying we're not going to cover you next year. Was

(01:14:59):
there a big this year?

Speaker 18 (01:15:01):
No, there was no big claim. It's just that we
I think it might be fear. I really don't, you know,
I don't know the motivation of of what's going on,
but I think that the management company had such a
difficult time in finding a company.

Speaker 4 (01:15:20):
I just want to have a backup plan.

Speaker 7 (01:15:22):
Yeah, I think this is planned b in the works
and anticipation of the new insurance company bailing out on
them as well.

Speaker 4 (01:15:29):
Right, what is the quote on the new or you
don't even have one yet?

Speaker 18 (01:15:32):
No, we don't, and and if we do, then you know,
well we do. We've paid for the for this year
on the company, but nobody's been asked of the twenty
four homeowners. The board hasn't said, well, now you need
to go out and start pricing your own insurance policies
because the decision hasn't been made, And as the president,

(01:15:55):
I feel that I need to be better informed. How
many how many townhouse associations right now have gone to
individual policies. I'm not sure where to go, I asked
my insurance guy. Kelly didn't even answer me.

Speaker 4 (01:16:09):
Yeah, hold on, Alison, Hey, Kelly, get Brian Burns on
for me. I've got some questions for him with Compass Insurance.
Hold on, all right, Allison, I'm sorry go ahead, you
were saying.

Speaker 18 (01:16:20):
Some Oh, well, you know, the point is, what are
the pros and.

Speaker 11 (01:16:25):
What are the comments?

Speaker 4 (01:16:25):
Well, it's there's there's I got more questions, and I
do answers why I want to give Brian on But yeah,
one of the questions I have if all of you
are covering your own unit inside and then your own
unit outside, how many buildings are there?

Speaker 18 (01:16:42):
There are twelve buildings, So if one building there are
twelve duplexes, well, okay.

Speaker 4 (01:16:47):
That's fine. If one duplex or one building gets gets
a hailstorm and the others don't. I realize that sounds ridiculous.
But if something only happens to one building, maybe a fire,
does that mean that only the people in that building
would end up using their insurance It wouldn't affect the

(01:17:07):
rest of you.

Speaker 18 (01:17:08):
That's possibly so. But on the other hand, in the
problem of the way townhouse rules and rigs are that, well,
everybody's got to have the same kind of roof or
the same paint on the outside of the unit.

Speaker 4 (01:17:21):
Yeah, but that's more of just the bylaws. That's nothing. Yeah,
just the coverage part. I'm not I guess I simply
don't understand that coverage in one of the buildings. How
many stories is it?

Speaker 18 (01:17:34):
They are two stories with a full basement.

Speaker 4 (01:17:36):
So two stories with a full basement. Now this is
once again a silly question. If one building with two
stories gets hit, If I'm on the first floor and
the roof has hail damage, why the hell am I
paying for a roof?

Speaker 11 (01:17:52):
Oh?

Speaker 4 (01:17:52):
Mark, the guy's floor's fine.

Speaker 7 (01:17:53):
Well, I have an answer, because these are townhouses. Yeah,
so there is nobody below or above you. You got
the entire you got the entire section in.

Speaker 4 (01:18:02):
The buildings, forget the ted Did you say there's a
building and town homes?

Speaker 18 (01:18:06):
No, No, there are. There are twelve duplexes.

Speaker 4 (01:18:11):
That's that makes up the whole community.

Speaker 18 (01:18:13):
Yes, the whole community.

Speaker 4 (01:18:14):
Okay, there you would share the roof, so I wonder
if it would be cheaper. Yeah, I understand. I wonder
if it would be cheaper.

Speaker 7 (01:18:24):
And I wonder if those policies are even available. I've
never heard of a town home policy. It would be
a great question for commedy.

Speaker 4 (01:18:30):
Yeah, oh, we're going to try to get Brian Burns.
I just hold on Allison because I'm I'm kind of
curious with that. And then how about all the money
they've paid in so far in duce, I guess they
would just what reimburse or I mean, I don't even
know how you switch from there.

Speaker 7 (01:18:45):
No, they got what they got. They got what they
paid for, right, which is an association provided insurance policy.
But if the time comes for going to ensure their
own vertical section of the building, then their HOA dues
could conceivably be reduced by the amount that the h
r A would have spent for an overall insurance.

Speaker 4 (01:19:03):
Well, of course, so then it should go down in theory.
Oh yeah, yeah, not.

Speaker 7 (01:19:06):
Just in theory.

Speaker 4 (01:19:07):
How about common areas like a swimming pool.

Speaker 7 (01:19:09):
Yeah, that's a good question, Alison. What's going to happen
to your parking lots? Things like that.

Speaker 4 (01:19:15):
I want to get Brian Burns on Sherry, what's going
on with you?

Speaker 13 (01:19:20):
Hi?

Speaker 8 (01:19:22):
Last year I purchased through work on life insurance policy
for accidental death.

Speaker 4 (01:19:29):
Okay, and.

Speaker 8 (01:19:32):
I added my husband to the policy because why not,
it wouldn't it wasn't costing me that much more. Well, unfortunately,
my husband did.

Speaker 4 (01:19:42):
Pass away, oh my goodness. And she was towards the
end of Sherry help, Oh, the end of last year.
It's that soon. Or that it was only a few
months ago.

Speaker 8 (01:19:54):
Yeah, I purchased the policy like in January. Do work
when they when the insurance news and then you passed
away in August.

Speaker 4 (01:20:02):
Okay, I'm first of all, I'm very sorry to hear that.
I want to give you more time, So let me
take this break. I'm gonna come back to you after this,
I promise Sherrian Allison, we're gonna get Brian with Compass
Insurance on to dive into that, because there's a lot
of people in condos right now that simply can't get
insured or they're getting hit with special assessments that are
mind blowing. I mean, think about this. Your HOA tells everybody, Okay,

(01:20:26):
you got to cough up eight grand each in order
for us to get insurance. It's getting bad out there.

Speaker 10 (01:20:32):
Hold tight, go with a sure thing Denver's Best roofer
Excel roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage

(01:20:53):
at dozens of insurance companies find out now three O
three seven to seven to one.

Speaker 2 (01:20:57):
Help you'll think you're his only customer.

Speaker 10 (01:20:59):
When you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 4 (01:21:11):
Three seven one three eight two five five two lines open,
you've been ripped off taking advantage of Have any questions,
don't forget In a few minutes. Here we're gonna play
stump the guest, stump the attorney. It happens to be today,
and we're gonna see how good our expert does. Something
tells me, dam McKenzie attorney of laws, pretty damn good
at what he does. So I have a feeling I

(01:21:33):
have a feeling Dmitri trying to stump him is gonna
end up being the one stump. But we're gonna find
that out. Meantime, I'm gonna go right back to this.
This poor woman lost her husband. She had an accidental
death policy. She added her husband to a lot of
places that Dan, this is one of these things generally
your employer, I assume offers and then of course it's

(01:21:55):
accidental death. And the bottom line is she signed up.
She added her husband, which a lot of companies allow
you to do. I'm sure You've dealt with a lot
of these policies, right, yeah, and let's see what happened.
She's apparently not getting paid or uh, something is going
on with it. But Sherry, give us a little more

(01:22:15):
information now, Sherry, Well.

Speaker 8 (01:22:20):
Yeah, I'm here. So they made me jump through a
bunch of hoops just to get the policy or to
get I don't know what to say to start the
process for the policy.

Speaker 4 (01:22:37):
You mean to get paid, to get paid out.

Speaker 8 (01:22:40):
To get paid, And yes, I understand it was accidental
death policy. My husband did die on the accidental be choking, and.

Speaker 4 (01:22:52):
So he choked on like, for example, while eating. What happened?

Speaker 8 (01:22:58):
She choked eating a hamburger.

Speaker 4 (01:23:00):
That's that's curious, Okay, So we choked, and out of curiosity,
what's on the death certificate? What did the coroner rule?

Speaker 8 (01:23:09):
Initially they ruled it as natural causes, but then once
I spoke with the doctor a little bit more, they
amended to death certificate to accidental death related to choking
and everything else that happens when you lose oxygen to
the brain and things like that. And then the reports

(01:23:33):
at the hospital and the emergency room also confirmed that
there was a bunch of food that was lodged in
his throat.

Speaker 4 (01:23:40):
Did this happen? Did this happen at home? Or did
it happen at a restaurant? Where did it happen? Was
there other witnesses or.

Speaker 8 (01:23:49):
No, it happened at home. Okay, And we tried to
revive my husband to the heimlichally, my son and myself.

Speaker 4 (01:23:58):
Oh my goodness, I just can't even imagine that going down.
So you tried the Heimlich, you called nine to one one.
Was it too late by the time the ambulance got there?

Speaker 8 (01:24:08):
It was, But they said that they brought him back
and then they did a shake out of me so
he can breathe. But by the time he got to
the hospital, he had already been with the oxygen for
like thirty minutes or something like that. And so the
doctor said that he would never be the same person.
He would have to have twenty four hour care sevent.

Speaker 4 (01:24:31):
Days a week pretty much branded.

Speaker 11 (01:24:35):
He was.

Speaker 8 (01:24:35):
And I so he didn't want to live like that.

Speaker 4 (01:24:39):
So so anyway, man, what a what a touching story.
It's it's really god. I just I just can't. I
feel so bad for you. But now you're fighting. Let's
fast forward. You're fighting with the insurance company you had,
Dan mackenzie, when when something like this happens on these policies,

(01:25:01):
if the coroner ultimately changes his mind and puts down
choking on Hamburger accidental death? However, how was it to
find again on the death certificate.

Speaker 8 (01:25:14):
It was an accidental accidental due to as fixation, lack
of oxygen to the brain.

Speaker 11 (01:25:24):
So to get read, there's four different things.

Speaker 4 (01:25:26):
And they're still and they're still battling with you right
where you still denied it. I mean that's not not clear.
Have they denied the claim?

Speaker 8 (01:25:34):
No, but they're still investigating it and they keep writing
me a letter saying they need more time. They're getting
more medical records, and I'm just wondering, how long is
this normal?

Speaker 4 (01:25:46):
That's probably contractual, right Dan.

Speaker 5 (01:25:49):
Yeah, they probably have some time to do the investigation.
You said, when did you say this happen? When did
he pass away?

Speaker 8 (01:25:55):
August of last year?

Speaker 4 (01:25:57):
Wow? How much is a policy?

Speaker 8 (01:26:02):
It's a half a million? Yeah, But I think according
to the policy that I'm only.

Speaker 11 (01:26:11):
Entitled to sixty Why is that?

Speaker 8 (01:26:15):
Because she's my husband, and I think the policy would
pay out if I passed away the full face value.
But because it's my husband. I only get sixty percent.

Speaker 4 (01:26:26):
I've got so many questions for you Dan here, So
like the first one is what kind of attorney is it? Someone? Uh,
isn't a state planner like yourself that would typically deal
with this? Or are we talking a different kind of
an attorney for you know, basically you're going after an
insurance company. I would assume at some point for bad faith. Yeah,

(01:26:46):
I mean, what what would you do here if you
were in her shoes?

Speaker 5 (01:26:50):
Yeah, I would talk to an attorney who specializes in
denial claims from insurance companies. So, like I said, that
hasn't happened yet, But you're I mean, I think you
about points. I mean, the Point of Life insure is
supposed to get this money pretty quickly, right, I mean,
I I don't know where they draw the line between Okay,
is this a valid investigation or are we just dragging
our feet here to make you go away?

Speaker 4 (01:27:11):
And from what she said that's on the death certificate,
would you agree that that would generally fall under that
accidental death policy and what actually happened? I mean, who
you know?

Speaker 5 (01:27:21):
I mean death certificate is interesting that it's like you know,
that's yeah.

Speaker 4 (01:27:25):
He was eating and he choked on a hamburger and died. Yeah,
that's an accent death. Yeah, he didn't die of cancer,
he didn't die well, what would you even say on
a heart attack of something like this, that would probably
be that probably wouldn't be accidental, right, Yeah, I mean
it is kind of nuts, but choking on a hamburger
seems to be about as accidental as he gets. Yeah,

(01:27:47):
go ahead, Tomitri Carrie.

Speaker 7 (01:27:50):
In these requests for documents that you've been receiving from
the insurance company, are they asking any kind of questions
that might lead you to believe that they're looking for
some thing in particular? Like did you get any kind
of an insight on what they might suspect or what
their strategy is. Let's based on what they're asking for.

Speaker 4 (01:28:08):
Let's kick it up a notch Dmitri and ask her,
I mean, did they think you killed him or something?

Speaker 11 (01:28:12):
No?

Speaker 7 (01:28:12):
No, I wasn't going there. But does it sound like
maybe they suspect some kind of an underlying health issue
that contributed to this? Can you glean anything from their
requests that might give you an insight into their line
of thought?

Speaker 8 (01:28:25):
Not really? I mean initially it was Okay, we're trying
to get all the medical records. We went. We got
the the emergency room, we got the AMT medical report,
we have the deaths of the kit. We went to
the corner, we went to primary care.

Speaker 7 (01:28:46):
Now we're going.

Speaker 8 (01:28:47):
Back to further back in his history for more medical records.

Speaker 4 (01:28:56):
That is there anything you couldn't think of in his
past that would red flag? I mean I can't because
he choked on a hamburger. I can't imagine what possibly
could have been in his past.

Speaker 7 (01:29:11):
Yeah, why how far back do they want to look?
And do you have any idea what they're hoping to find?

Speaker 8 (01:29:18):
Well, the only thing I'm thinking is that like back
in twenty twenty, he had a stroke which made it
a little bit difficult for him to swallow, but he
always passed all his swallow tests and.

Speaker 11 (01:29:37):
He was Okay, Dan, do you think do you think.

Speaker 7 (01:29:43):
Do you think this old stroke might be something that
the insurance company is going to try to cling to?

Speaker 4 (01:29:53):
You know, why wouldn't they make it difficult? I guess
I would like to know what the policy says out
a time frame, and if if it says reasonable, I
mean I think the argument is maybe six months or something.
But I mean, this is this is getting pretty old.

Speaker 7 (01:30:12):
Well, the point of life insurance policy is to provide
the survivors with money to live on.

Speaker 4 (01:30:17):
Yeah, how are you living now, Sherry? Just out of curiosity,
I mean you still have the job? You said it
was your policy, right, No.

Speaker 8 (01:30:25):
I'm still working. The unfortunate thing for me is that
my job in the next at the end of next month,
and so I'm really hoping to get this policy to
pay out so that I could pay off my house.

Speaker 4 (01:30:41):
Hey, can we can you see if we can get
Marco Bendinelli Kelly, see if we can't get Bendonelly up,
hold on, Sherry. Now, Marco doesn't typically doesn't sue insurance
companies for bad faith, but I think he knows one
we might be able to get on because I would

(01:31:02):
love to look at that policy. In fact, Sherry, can
you send us over a copy of that policy? Do
you have it in a pdf? I do send that.
In fact, hold on, I'm going to have her pick
up here real quick and send it quick as you can,
because I'd love to look at that and send it
to a couple of attorneys and read it. Here. I'd

(01:31:22):
like Dan to see it too. I mean, aren't you
curious what how do most of these policies read dan
when it comes to timing, or they're just all so different. Yeah,
we'd have to see it. We'd have to see it.
I'd be curious what the timing is. And then what
is a proper investigation? I mean, my god, if to coroner,
if it's evident the guy choked on a hamburger, I

(01:31:43):
don't know what that could possibly have to do with
that stroke. I know she said there was a throat
problem there, but I would still say it's accidental as
it gets.

Speaker 7 (01:31:53):
Actually, she didn't say there was a throat problem. She
said that he has passed the swallowing tests. So based
on what Sherry knows, he should not have had a
problem with swallowing.

Speaker 4 (01:32:04):
Sherry, didn't you say there was some issue they were
looking at in his past about swallowing or not.

Speaker 8 (01:32:10):
Well, that's my thought is that they're going they're going
to try to say this is a pre existing condition.
But my thought was, I understand if it were a
regular life insurance policy where they do like a whole
health back ground check on you and everything. This is
an accidental death policy. They don't ask for any of

(01:32:31):
that stuff.

Speaker 4 (01:32:32):
Well, no, yeah, that's.

Speaker 8 (01:32:34):
I don't understand why it's been making it so hard.

Speaker 4 (01:32:37):
That's so curious to me. I'm trying to think of
anybody we know that sells these policies. I don't know anybody,
you know what. I wonder if John Over at Integra
sells these accidental death policies. I know he sells like
emergency policies. They only pay if you go into an

(01:33:01):
emergency room. Isn't that crazy? They don't pay for like
normal doctor's visits. They pay for emergencies, which is nuts.

Speaker 7 (01:33:11):
Yeah, I've never heard of that. I thought your health
insurance pay for emergencies.

Speaker 4 (01:33:14):
Well, if you have health insurance, it does. Yeah. But anyhow,
hold on, hold on, Oh, Brian Burns is up. Hey,
let me look at the time here. I got to
take this. Listen, Sherry, hold on a second, hold on,
hold on, hold on, Hey, Brian, I've got a couple
things for you, but I'm gonna be I got to
go to break real quick. But I want to ask
you some Do you guys sell any form of life

(01:33:35):
insurance or you know nothing about them?

Speaker 3 (01:33:38):
No?

Speaker 16 (01:33:38):
I know something about I have someone in the office
that deals with life insurance, but I could probably answer
the question.

Speaker 4 (01:33:43):
Okay, hold on, hold on, I've got two for you man.
We've got Allison, she's got an HOA issue, and then
we've got Sherry that's having problems getting paid on an
accidental death policy. I want your reaction to both after this.

Speaker 10 (01:34:04):
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dot com. You don't pay a cent until you're content
than time for an insurance check up free, no obligation.
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Speaker 4 (01:34:24):
Help.

Speaker 10 (01:34:24):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 4 (01:34:35):
All right, we are having quite the conversation here three
oh three seven one three eight two five to five.
I'm going to bring up my expert, Brian Burns. Brian,
I've got you up for a couple of reasons. Do
I got you there? Brian? Yep, I'm here so I
want to ask you something in general that came up.
People that listen on YouTube, as you know, Brian, they
hear the behind sascenes conversation. We were having this conversation

(01:34:59):
to Metri myself, Dan McKenzie just during the break in general,
and I use this example, if I tell my homeowners,
then we'll get to then we're going to get to
these two specific questions. But if I tell my homeowners
whoever it is, I don't have a Rottweiler or don't
have a Doberman or some kind of dog that they

(01:35:22):
won't cover, and I actually do have one, are we
on the same page? Yep, and my house catches on
fire two years later, I still have the dog, had
the dog before I got the policy, lied about it,
and had the same policy two years later. Are they
going to rebuild my house?

Speaker 16 (01:35:43):
Yes, it won't have anything to do with it. The
reason that could come into play is if that dog
bit somebody and then you were getting sued because of that,
that would be a material misrepresentation on the policy at
that point, and the loss is a direct result of
that new representation.

Speaker 4 (01:36:01):
And the reason the reason would be what I would
consider the public interest. If if an insurance company could
deny that fire claim due to that dog. Can you
imagine no, can you imagine that loopholes?

Speaker 8 (01:36:16):
Yes?

Speaker 16 (01:36:16):
No, No one would have covered Yep.

Speaker 4 (01:36:20):
No, not only that. Think about people with mortgages. Most
of us think about having a mortgage. That happens. Now
you still have a mortgage. You're not paying for the fire,
all because you lied about a Doberman that had nothing
to do with anything.

Speaker 16 (01:36:31):
Right, it would be incredible that that would not happen.

Speaker 4 (01:36:35):
Now I want to and that's with any carrier. Now
I want to bring that into Sherry's question. It's similar
but different. I call it the biggest, best, greatest analogy ever.
Dmitri didn't like it as an analogy, but I think
here's Sherry's circumstance. At her work, they offer an accidental

(01:36:58):
death policy. She bought an accidental death policy or decided
to start paying for that out of her paycheck. She
could add on her spouse, her husband as well. The
husband would only pay out if he passed, which he
did sixty percent if she passed. Of course, the one
hundred percent, and we're talking about a half a million

(01:37:19):
dollar policy, but the math really doesn't matter. The husband
who died six seven months ago, is that about right? Guys?
Somewhere in there, they're still holding it up. Originally on
the death certificate it wasn't accidental, but the coroners went
back since and changed it to accidental death. Okay, basically,

(01:37:41):
you choked on a hamburger. That's the bottom line. He
literally choked on a hamburger and died. He was brain dead.
They had to pull the plug on him. They actually
brought him back after thirty minutes, but it was too late.
No activity, and that was that he died from literally
choking on a hamburger. And that is what the coroner
chanted to. Now the company, the company, and we're not

(01:38:04):
sure of this. This is her suspicion because it's taken
so long, and our attorney that deals with these kind
of plans all the time, Dan mackenzie, is like, this
is taking a very long time. Typically, the reason you
have life insurance or this kind of policy is so
whoever remains can live and eat and pay the rent
and do all that stuff. So six months is getting nuts.

(01:38:27):
But they're going back and once again we're not sure
they're saying this, but I'm gonna let Sherry. Let me
lock in. Sherry, you're under the impression they might. They
went back and looked at medical records Brian, and he
had a stroke. When did he have a stroke?

Speaker 7 (01:38:42):
Sherry, twenty twenty.

Speaker 4 (01:38:44):
In twenty twenty, and so they're thinking that possibly this stroke.
And let me ask you something, Sherry that Dmitri brought
up when you filled out your husband to be on
this as well. Does it ask you a question? Have
you ever had a heart attack? Have you ever had
a stroke, have you ever had a brain aneurysm? Does

(01:39:05):
it ask anything like that?

Speaker 11 (01:39:08):
No?

Speaker 4 (01:39:08):
Okay, I didn't think so. So then then, Brian, can
they go back on this accidental death policy? Right now?
The death certificate, according to Sherry, literally says accidental death
joked on a hamburger. Can they go back and argue
anytime you've ever seen because he had a stroke five
years ago, that that could have affected his throat and

(01:39:29):
if he didn't have this stroke, he wouldn't have choked
on the hamburger.

Speaker 16 (01:39:32):
I don't think they would win that argument. Can they
try to do it? I guess so. I hate to
a dance policies because they're unlike life insurance policies. There's
too many loopholes on what is there's exclusions, whereas on
a life policy there's not exclusions other than for the
first whatever year or two you can't you know, suicide

(01:39:53):
is a I think it's twelve months is suicide not covered?
But other than that, after that that window they cover
any kind of death, whereas an accidental death it's much cheaper, understandably,
but there's a lot of exclusions, and it's this kind
of thing that can come into play where well, wasn't
an accident or was this caused by a natural consequence

(01:40:14):
or an illness or some kind of natural cause. So
they can try to make the case, but I don't
think they would win off of that.

Speaker 4 (01:40:20):
All right, Brian, That's what I wanted to hear from you. Now,
hold on, Sherry, because I have got another expert I'm
going to bring up, but I got to take the break,
and I've got Marco Bendinelli, an attorney, and Marco, I'm
just prepping you right now. Basically, we have an insurance
company half a million dollar policy accidental death. And I'm
saying this for Marco's sake, and the bottom line Marco

(01:40:43):
is they haven't paid out in about six months. They
haven't denied the claim I don't know, I don't know
where this poor woman goes now, but the death certificate
literally says accidental death. The guy choked on a hamburger.
We're going to get to the bottom of this with
Marco and Brian. Brian, I'm hoping you can stay on
because Alison also asks a question on HOA. I'm just

(01:41:06):
running out of time, but please we can call you back.
Kelly figured out.

Speaker 10 (01:41:13):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 2 (01:41:17):
You don't pay a cent until you're content.

Speaker 10 (01:41:20):
Please time for an insurance check up free, no obligation
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three oh three
seven seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 1 (01:41:48):
Ripped News so you don't have run anxious ass as
we can shoot us. Want to help? Come man, this is.

Speaker 4 (01:42:03):
The Troubleshooter Show.

Speaker 3 (01:42:05):
No Tom Martinez, Welcome my friends to the only show
of its kind.

Speaker 4 (01:42:10):
We're here to solve problems, answer questions, take complaints. We're
here to educate you. We're here to make your life
a little bit better. Bottom line, you've been ripped off
or taking advantage of, or need help from one of
our attorneys. The phone numbers easy three oh three, seven,
one three eight two five five in studio with me
Attorney Dan McKenzie. He's an estate planner. Any questions you

(01:42:30):
have for Dan. Maybe you have a question like should
I get a trust? Should I get a will you
get the idea? But any questions, maybe you need to
just understand probate. Do I have to open probate? There's
different things. All of our experts are here for. Right now,
I've got Marco Bendinelli, an attorney who's on our hotline,
and he's called in or actually we reached out to Marco. Marco.

(01:42:52):
I'm going to recap really quick for everybody that just
joined us. But here's the bottom line. Sherry has a
accidental death policy. And on the accidental death policy, basically
it was given to her by her work. I assume
she basically if it's like my sons who works for Walmart,
you basically go into the portal and you just opt

(01:43:14):
in and they start taking it out of the check.
But Sherry, did you fill out any paperwork on this
accidental death policy at all for you or your husband?

Speaker 8 (01:43:26):
You mean it's initially when I signed up?

Speaker 4 (01:43:28):
Yeah, when you signed up? In other words, was there
any questionnaires about health or anything like that.

Speaker 8 (01:43:36):
I don't know. I don't think so.

Speaker 6 (01:43:39):
So.

Speaker 4 (01:43:39):
But and you pay, and you basically pay monthly out
of your paycheck through your company, Yeah, every pay period. So, Marco,
here's the deal. What happened was, at first, what did
they put on the death certificate at Sherry?

Speaker 8 (01:43:53):
At first natural causes?

Speaker 4 (01:43:57):
They put natural causes, which we can all understand that's
not an accidental death. Then as he started digging into
it and talking to everybody that had to do with
it at the hospital and the ambulance and everybody, they
changed the death certificate to accidental death.

Speaker 8 (01:44:16):
What I knew, I know.

Speaker 11 (01:44:18):
But who is they?

Speaker 4 (01:44:19):
Yeah? What company is it?

Speaker 8 (01:44:21):
The attending doctor, the attending doctor for the doctor?

Speaker 19 (01:44:25):
Okay, so the coroner, the medical examiner.

Speaker 11 (01:44:31):
Are you in Colorado?

Speaker 8 (01:44:33):
Yeah, we're in Colorado, Spring.

Speaker 11 (01:44:37):
So so.

Speaker 19 (01:44:38):
But I mean only the coroner and the medical examiner
can change cause of death on the death certificate, right,
and they did. Yeah, So when did you ever submit
the first death certificate to the UH insurance company?

Speaker 4 (01:44:58):
That good question.

Speaker 8 (01:45:00):
No I did not.

Speaker 19 (01:45:02):
So the only one that they've ever received said accidental death.

Speaker 8 (01:45:08):
Correct.

Speaker 4 (01:45:09):
And he had a stroke, and we don't know this.
They've never gave her a denial, Marco. But they've been
dragging their heels for a hell of a long time.
He died last year, like in August. They just been dragging.
The stroke was five years ago, by the way. Yeah,
he had a stroke five years ago, So they want
to see all of his medical records and Sherry's sinking

(01:45:30):
possibly because he had a stroke five years ago, they
might say that could have messed up his swallowing and
therefore the stroke actually created him choking on a hamburger, which,
by the way, is what's on the death certificate now,
accidental death choking on a hamburger.

Speaker 19 (01:45:48):
Yeah, well, Cherry, you need to call me because you know,
not only am I going to get them to pay
this claim, you know, there's a vision of inshorts regulations
that they it seems like they've already violated, which isn't
that uncommon?

Speaker 14 (01:46:06):
UH? And you know, we can get we can get.

Speaker 19 (01:46:10):
More damages than the policy amount.

Speaker 4 (01:46:13):
How does that work? Marco? If is this basically a
bad faith claim?

Speaker 11 (01:46:18):
It is?

Speaker 19 (01:46:19):
Mark, And I'll tell you what, Cherry, you need to
call me because I love your case.

Speaker 4 (01:46:26):
You can get trouble damages. You can get attorneys fees
as well, right, Marco, that's correct.

Speaker 14 (01:46:33):
Yep, you get the UH. And it's due to it's
due you know.

Speaker 19 (01:46:38):
And I've taught on this. I've taught other lawyers on this,
Mark and Sherry, I guess you know. So there is
a statute in Colorado that if you if the insurance carrier.

Speaker 14 (01:46:54):
Either unreasonably delays or unreasonably denies the claim a claim uh,
then you know, then you could be.

Speaker 19 (01:47:06):
Entitled to all of the damages that Mark just reference.

Speaker 4 (01:47:11):
And Marco, when we talk about I have asked one
hundred attorneys this question, not just about what we're talking
about now, but there's the Lemon law in Colorado uses
this term too. And the term that you mentioned is
reasonably what what is reasonable?

Speaker 11 (01:47:29):
That is?

Speaker 2 (01:47:29):
So?

Speaker 4 (01:47:30):
What is the argument? How do you get to that
point where you say this is no longer reasonable?

Speaker 14 (01:47:36):
Right?

Speaker 3 (01:47:37):
Right?

Speaker 19 (01:47:37):
So you know I've done sophisticated arguments on this, and
really you use a combination of uh, you know, case law,
case president and uh several of the.

Speaker 14 (01:47:53):
The vision of insurance regulations.

Speaker 19 (01:47:55):
And you know, I used to work for insurance companies,
so I know the.

Speaker 14 (01:47:59):
REGs and and you know they've got to have They
been sending you letters every thirty days saying that they're investigating,
continue to investigate.

Speaker 8 (01:48:11):
Yeah, yes they have. The last letter I got so
it was a little bit later than the thirty days,
I think it was like a month and a half,
and I had to ask what was going on, but
they said that their intern internal doctor was reviewing the records.

Speaker 19 (01:48:29):
Yeah, you know what I would say, that's unreasonable, Cherry.

Speaker 4 (01:48:33):
You got to call we are You got to call
Marco off the air and just have a real conversation.
Send him over. In fact, if you did, you already
send us a copy of the policy.

Speaker 8 (01:48:45):
I did, Thence, Yeah.

Speaker 4 (01:48:48):
Yeah, I'm going to send that. I'll send that to
Marco so he has it, and then you need to
call him up. I'll get you.

Speaker 14 (01:48:55):
Are you okay with that, Shary?

Speaker 19 (01:48:56):
You okay with them sending me the copy of the policy. Yeah,
that's fine, Okay, Okay, yeah, Erry, we'll get him.

Speaker 4 (01:49:06):
Okay, No, I like it. You know, That's what I've
always liked about Marco. He's straight up like that, Sherry,
I'm gonna put you on hold, hold tight, and then
Kelly's gonna send that. But Marco Bendinelli, I remember years
ago when we first met. I mean we're going back
ten years. I think it was that year you were

(01:49:26):
the first attorney in Colorado to get three Well, you're
going to know the answer to this. It was you.
But what was it? Three back to back million dollars?
They weren't settlements, they were actually wins in court. What
was that? Oh? I almost use the s word, Marca.

(01:49:48):
What was that?

Speaker 19 (01:49:51):
The I'm the only lawyer in the history of.

Speaker 14 (01:49:53):
The state that ever has gotten.

Speaker 19 (01:49:56):
Two seven figure jury verd her settlement's jury verdicts within thirty.

Speaker 14 (01:50:03):
Days of one another.

Speaker 4 (01:50:04):
Wow.

Speaker 14 (01:50:04):
That rid two cases, you know, and.

Speaker 20 (01:50:07):
They were really close together.

Speaker 19 (01:50:09):
And each one of them had like a seventy five
thousand dollars offer and I've got and I got verdict
of seven figures on each one of them cases.

Speaker 4 (01:50:18):
You know, I want to bring this one up. This
one was so intriguing to me. I don't know how
long ago this was, but a guy rented a truck. Guys,
you know one of these, I don't know if it
was rider or U haul, but a truck like that
where you move stuff or whatever. And it had a
pull out ramp. So you pull this ramp out so
you can use the dolly to load stuff into the truck.

(01:50:39):
The hooks at the end of the ladder failed, so
the person pulling this big, heavy aluminum ramp out gets
basically crushed by this thing. He didn't die, but I
mean big injuries. And how much did they offer that
guy at first? Marco?

Speaker 19 (01:50:56):
Well, they went from fifty thousand to eighties.

Speaker 4 (01:51:00):
Yeah, fifty to eighty thousand. Then you got involved. How
much did you get?

Speaker 19 (01:51:06):
I tried that case and I got over a three
million dollar verdict done in Denver District Court.

Speaker 4 (01:51:11):
Three million dollars Marco. That's unbelievable. Hey, keep us as
long as Sherry's good with it. If she retains, you
keep us a bressed on this one as much as
you can.

Speaker 14 (01:51:24):
I will.

Speaker 19 (01:51:25):
I'm looking forward to helping her.

Speaker 4 (01:51:26):
Mark. Yeah, I'm telling you these I'm sick and tired
of insurance companies. Man, all of them. I don't care
who they are. But if I have a contractual agreement
with an insurance company and they don't want to pay me,
you need a good attorney to go after them, because
there's really nothing else you can do, like poor Sherry
just sitting around waiting forever. By the way, Marco Bendinelli

(01:51:48):
three to oh three nine four zero eighty eight hundred, Hey, Marco,
do you have the three to zero? What don't you have?
Eight hundred attorneys?

Speaker 2 (01:51:56):
Still?

Speaker 11 (01:51:57):
Yeah?

Speaker 13 (01:51:57):
Yeah?

Speaker 19 (01:51:57):
Yeah, First of all, it's nine four z row ninety
nine hundred yep.

Speaker 4 (01:52:02):
Or what though? What's your other one?

Speaker 19 (01:52:04):
But but we we we own one eight hundred attorney, yeah,
one hundred attorney.

Speaker 4 (01:52:10):
Yeah, simple as that, and you'll get us all right.
And do you guys do workmen's comp to Marco? You
still got someone down there? Good at that?

Speaker 15 (01:52:18):
We do.

Speaker 20 (01:52:19):
I love it work pomps all all injuries, yep, all accidents,
got it products liability in Schoran's bad faith that which
is my favorite thing to do.

Speaker 4 (01:52:30):
In chorte bad because you're sticking it to the man.

Speaker 14 (01:52:34):
And you know what, and I used to work for him.

Speaker 19 (01:52:37):
Yeah, I don't know how I slept with myself.

Speaker 4 (01:52:41):
Boy, that's a vision I never want to have again.
Three oh three nine four zero ninety nine hundred or
why am I even saying that? Eight hundred attorney? I mean,
you can't get any easier than that. Thank you, Marco.
We got to take a break, I got to get
caught up and Kelly, let's get Brian back on for
that HOA.

Speaker 10 (01:53:04):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 2 (01:53:08):
You don't pay a cent until you're content.

Speaker 10 (01:53:13):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (01:53:36):
All right, three oh three seven one three eight two
five five. By the way, we're gonna be talking to
Dan McKenzie Dmitri. We have this game we call it's
not really stumpy attorney, but it's asked the attorney and
get questions answered. And I love it, but we'll call
it Stump the attorney. So Dragon, have that wonderful music
ready for me? All right? You know what music I'm
talking about?

Speaker 1 (01:53:58):
Dude?

Speaker 7 (01:53:58):
You do too?

Speaker 2 (01:54:00):
Hey?

Speaker 11 (01:54:00):
Is it?

Speaker 4 (01:54:01):
Yeah?

Speaker 11 (01:54:02):
Is it just me?

Speaker 13 (01:54:03):
Or?

Speaker 4 (01:54:05):
Okay? I got to ask this question. I don't know
who watches Jeopardy here? Anybody?

Speaker 11 (01:54:10):
Dan?

Speaker 4 (01:54:10):
Do you watch Jeopardy? I have watched Jeopardy. I don't
not a current watcher. I don't like the new host.
I'm sorry. I just simply don't like him. He's you know,
I just don't like him. Am I the only one?
Or do people like the new host? I like the
girl that was doing it from the Big Bang Theory,
the Big Bang Theory. I liked her a lot. I

(01:54:32):
don't know why what's his face got the gig? I
just don't.

Speaker 7 (01:54:35):
Is he the super Champion?

Speaker 4 (01:54:38):
No, it's what's his name? He? He does the New
Year's Ball drop and all that stuff.

Speaker 17 (01:54:44):
Oh, Ryan Seacrest, he's hosting Jeopardy.

Speaker 4 (01:54:49):
No, I'm sorry, I got them all screwed up. He's
actually hosting What's On After Jeopardy, which is where they spin.

Speaker 2 (01:54:56):
The wheel wheel of Fortune.

Speaker 4 (01:54:58):
I can't watch Wheel of Fortune and anymore. God bless
my soul, and I used to love it because I
don't like him. I just simply don't like him. I
don't know why he's never done it. I just don't
like him. I don't know what it's about him. He
drives me insane. Maybe it's because he was on that
Regis and Kathley Lee or whatever years ago. But no,
the new Jeopardy host is who though I think it's

(01:55:22):
Ken Jennings.

Speaker 7 (01:55:22):
I thought it was Ken Jennings.

Speaker 4 (01:55:24):
Okay, well, I can't say I don't like him because
I can't even picture him. Forget.

Speaker 7 (01:55:28):
He's the one that won so many weeks in a row.

Speaker 4 (01:55:30):
Yeah, he's like the record olnder, he's like the best ever. Yes,
all right, Hey, Brian Burns Compass Insurance, I'm gonna lock
you in and I'm gonna bring up Alison. Here's the
bottom line. It's not there's nothing going on right now,
but where she lives, there's a bunch of duplexes and
like twelve of them and right now. They were struggling
this year to get coverage for the roof Okay big time.

(01:55:55):
They did end up getting coverage, but they're looking for
an alternative or next year just in case it either
goes up or gets canceled. So they were throwing around
the idea. She's a president, Alison, You're the president of
the board, right, yes, I am. So they were throwing
around the idea of everybody, or the management company was,

(01:56:15):
of everybody chipping in and basically covering their own inside
and outside. Have you seen these policies and if so,
what do you refer to him as well?

Speaker 11 (01:56:28):
Yeah?

Speaker 16 (01:56:28):
No, they're happening all the time right now, and you're
just converting it from being what's called an HO six
or a condo policy, which is what they have. Now
they're changing their bylaws to force everybody to have an
HO three policy, which is a homeowner's insurance policy. So
it's not necessarily chipping in as a group. You're just
telling each individual owner they have to get insurance that

(01:56:52):
will cover the inside and outside of the party.

Speaker 4 (01:56:56):
So how does that work, Like on a roof claim,
if she's got a neighbor, it's a duplex, and they
basically chip in on the exterior, but the interior they
have a different policy, Or how does that work?

Speaker 16 (01:57:09):
They each have an individual policy that's covering half that roof.
Now almost always what happens if one roof is damage,
you're getting both insurance companies involved in that case. But yeah,
it's you're literally ensuring half the roof ultimately with your
insurance policy. We ultimately owned policy.

Speaker 4 (01:57:26):
What ultimately is cheaper that you're seeing in the market
right now? I know you guys ensure stuff like this,
But are the HO sixes generally better even though they're
going away and they have to be replaced? But ultimately,
when you do the math compared to special assessments and
everything else that can happen, is this a better policy?

Speaker 8 (01:57:48):
Yeah?

Speaker 16 (01:57:48):
I mean, I think what people are finding is that
it's a better way to do it because the market
for hoa's to get insurance for the entire structure, you know,
of all the structures, is the becoming more and more difficult,
and the deductibles are becoming so difficult so high that
it's not economical anymore. And so what people are finding

(01:58:11):
that it's easier to get a HO three policy instead.

Speaker 4 (01:58:16):
How about common areas? What happens then? Do you still
have that HO six that covers say the swimming pool area, Yeah.

Speaker 16 (01:58:24):
They'll still have a policy. It's not an H six.
HO six is what unit owner. Sorry I'm coughing. That's right,
it's what unit owners are are having to get to
cover their interior. Got it, So the HOA policy will
still extend to the common grounds.

Speaker 4 (01:58:41):
I get it. I get it. So there still would
be one, you would still have an HOA fee. But
under under this, under this scenario, when they each go
to that, if that actually happens, their HOA dues in
theory should come down because they're not covering the roof
through the age anymore, they're covering it through their own policy.

Speaker 16 (01:59:03):
They absolutely should and I've seen where they don't. And
that's where I push back for homeowners to push hard
against rach Away because yeah, why insurance is a huge
portion of their of their dues or it should be.

Speaker 4 (01:59:15):
Yeah, they're being a.

Speaker 16 (01:59:16):
Lot for insurance, so they should see their dues come down.
I will tell you an HO six policy. Let's just
kind of play normal math here. I mean, this isn't
true for everybody, but I would imagine that an HO
six policy is probably costing someone let's say four hundred
dollars a year, and HO three for that same property
is probably closer to two thousand a year. So you're

(01:59:39):
taking a sixteen hundred dollars a year increase in cost,
got it. So what you're hoping is rancho a feed
has come down maybe one hundred hundred and twenty five
a month to kind of make up that.

Speaker 4 (01:59:48):
Yeah, to make up at least the majority of it. Allison,
you got any other questions? It sounds like that's the
way everything's going though.

Speaker 18 (01:59:55):
Well that's interesting because I, you know, I really just
didn't know how common usage is these days. I do
have one question ahead, what if you know, I have
an adjoining wall with my neighbors next door, So why
if their kid, you know, puts a hole through the
wall to my living room and I go to them

(02:00:15):
and say, well, you know, your insurance company's got to
cover this all ja I forgot to.

Speaker 4 (02:00:23):
Then, Allison, that's a simple one. You turn it into
yours and they're going to go after their company.

Speaker 18 (02:00:28):
Okay, okay, okay.

Speaker 16 (02:00:30):
Just the same as a condo, and I will tell
you that I think more places would would go to
this model, except for you can't do it on a
true condo where you have units below you or above you.
There's no way to write a h O three policy
for that because there's they don't own the whole structure,
whereas a duplex or a town home it's possible to do.

Speaker 4 (02:00:51):
Okay, well, I appreciate it, Brian, I mean really, And
by the way, the insurance help Center, anybody out there,
whether it's automotive, whether it's anything we're talking about, whether
it's workmen's competence charts. In fact, Brian saved us big
time a while back. Brian. Everybody thinks Pinnacle is a
best deal, and it might be the best deal in
Colorado depending on what that code is. When I was

(02:01:12):
in automotive, a Pinnacle was the best deal. But when
we switched over to an office building and dealing with
you know, administrators not technicians, all of a sudden, you
found us a better policy. So the bottom line is,
I don't care if it's garage keepers, I don't care
if it's homeowners, I don't care if it's automotive. These
guys shop thirty plus different companies for you, commercial, residential.

(02:01:35):
They're going to find the best thing out there. They're
experts on the show all the time. Give them a call,
let them start saving you money. Brian. And as people
call me every single year to go through all of
our needs and make sure we have the best policies.
They'll do the same for you. Three oh three nine
nine six nine thousand, three oh three nine ninety six
nine thousand. When we come back stumped, the attorney.

Speaker 10 (02:02:03):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 2 (02:02:07):
You don't pay a cent until you're content.

Speaker 10 (02:02:12):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three o three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (02:02:36):
All right, three oh three, set three A two five
to five Dmitri. Are you ready, sir?

Speaker 7 (02:02:43):
I'm ready.

Speaker 4 (02:02:44):
Dan McKenzie, Attorney at Law, Are you ready, sir. We're
gonna find out here, get your mic on, and we're
gonna go to the questions. By the way, Dan McKenzie
is an estate planning attorney that can help protect your assets.
He can help you with the trust and will probate
anything to do with basically your life and your estate.
I mean, he can help with that stuff. And we've

(02:03:06):
known him here on the show for a very very
long time. He's our go to expert. So now that
I explained who he is, Dmitri the first question mark.

Speaker 7 (02:03:17):
A few months ago, I went to one of Dan
mackenzie's seminars downtown where he talks. He kind of introduces
the audience to his business and talks about asset protection.
So that was my primary interest, not really writing a will,
but how to protect my assets from potential creditors. And
one of the things that I think came as a
huge surprise to most people at that seminar is your creditors.

(02:03:38):
They're not just limited to Bank of America, MasterCard, it's
judgment creditors. And as Dan pointed out, we can all
be in a car accident where we're at fault. We
can all have a slip and fall on our property
where we're eventually at fault. And so Dan and I
discussed these asset protection trusts and specifically these if and Dan,
if I'm using the correct terminology, these irrevocable trusts, and

(02:04:01):
I think we haven't talked about some that would be
formed in It was either Utah or Nevada or one
of those. And one thing that came as a surprise
to me is that Dan told me that when I
transfer my assets to one of these trusts, they're not
immediately protected from potential judgment creditors. There's some kind of
like a maturity period of was it.

Speaker 4 (02:04:22):
A couple of years, Dan, something depends on the state.

Speaker 7 (02:04:24):
Yeah, but it's not instant, and so it kind of
leaves me vulnerable during this period. So, Dan, my question
to you is, if God forbid, somebody does get injured
at my house, or God forbid I injure somebody in
a car accident where I'm in fault, and this person
becomes a judgment creditor for an amount that's beyond my

(02:04:45):
insurance coverage, how much can they get? I mean, can
they literally like leave me paneless? Can they grab my house,
my car, literally my every penny in my bank account,
maybe the piggy bank I have next to the kitchen.
Could I be left penniless? Or is there some sort
of minimum level of assets that's protected from judgment creditors

(02:05:07):
so that I don't have to move into your house.

Speaker 5 (02:05:09):
I mean the question is what would you have to
What would you lose if you had to declare bankruptcy?

Speaker 4 (02:05:14):
Yeah, because you would still have a certain amount of
equity in the house.

Speaker 5 (02:05:17):
Yeah, you still get you do have the homestead exemption,
which is one hundred and eighty thousand ish.

Speaker 4 (02:05:22):
That's it.

Speaker 7 (02:05:22):
So only one hundred and eighty thousand of my equity
is protected?

Speaker 4 (02:05:25):
Correct? And then you've got retirement accounts are protected from bankruptcy.
Is there any way people can get to those retirement
accounts or it's just ultimately almost except for fraud, Say,
it just never happens, No one ever pierces at.

Speaker 5 (02:05:42):
I mean again, like you know, the the the defense
to having a judgment entered against you to declare bankruptcy.
So what do you have to list on that bankruptcy petition?

Speaker 4 (02:05:51):
Wait?

Speaker 7 (02:05:52):
So, but you would would you preemptively declare bankruptcy before
the judgment?

Speaker 11 (02:05:58):
Yeah?

Speaker 4 (02:05:58):
Does that?

Speaker 7 (02:05:59):
Is that better than waitings? There's any benefit to twelve?

Speaker 4 (02:06:02):
Maybe you want up to declare bankruptcy.

Speaker 5 (02:06:04):
I mean that's that's a threat, right, I mean you're
gonna lose a lot in bankruptcy, so, I mean you
don't want to do that? Made rather pay the judgment.
Let's see what the judgment is. But you tell them
I'm going to declare bankruptcy. That's what everyone tells, you know,
the attorney is doing them Like if even if you win,
I'm going to declare bankruptcy.

Speaker 4 (02:06:18):
Is that a bluff or not? I don't know. And
a lot of that your insurance company Dmitri. But like
just using your car accident scenario, I mean, your your
insurance company is not going to be very happy if
they can pay out a million dollars and make it over,
but you've got another million in assets are going to
go against because I mean they're going to have to

(02:06:38):
put up the defense. But I don't know how many
people would try to go after that that money. Does
that happen a lot? Dan, You can't switch money. Well,
like let's say he's let's say you hurt somebody in
a car accident, like he said, and he's got a
million dollars in liability and he's got five hundred thousand
dollars sitting in the bank. I mean a lot of

(02:07:00):
people are not going to go through the entire court
thing when they can easily get that million dollars from
the insurance company. Yeah, that usually is. Yeah, do you
follow what I'm saying there?

Speaker 11 (02:07:12):
Yeah?

Speaker 10 (02:07:12):
I do.

Speaker 7 (02:07:12):
And my question was if the judgment against this hypothetical
defendant is far in excess of their insurance limits, and
then the judgment creditor wants to go after all their
personal assets. So during that esso, oh, yeah, well exactly,
And I'm not arguing that they shouldn't, right, but so

(02:07:33):
so the only thing that's protected in that case is
one hundred eighty thousand in my home equity, my my
I RAH accounts, and that's it. Nothing in my bank account, nothing.
How about my personal property at home? I mean, can
they come in and start confiscating?

Speaker 4 (02:07:50):
Still there's still bankruptcy limits, but yeah, But I think
the bigger question there is this, is there anything you
can do? Let's say you do have the four Let's
say you have ten million dollars in assets and you're
willing to do whatever. Is there anything you can put
people into so this wouldn't happen. That kicks in quicker

(02:08:12):
than what were you saying? Two years?

Speaker 7 (02:08:14):
I think yeah. I think Dan's best case scenario that
he told me about his at his seminar was this
two year was it a maturity period or agent.

Speaker 4 (02:08:22):
If the judgment didn't already happen. I could understand if
if the judgment happened, then you move the assets. But
I mean, if you go out and you create one
of these trust that protects your assets, why do you
have to wait two years? What is that?

Speaker 5 (02:08:37):
It's whatever the state legislature decided was appropriate. I think
they just don't want people doing this and then the
next day feeling like okay on bulletproof, like there's no
commitment there, like I'm just going to put assets in
this trust and suddenly I can't get suit.

Speaker 7 (02:08:50):
Yeah, okay, Dan, Are the assets in this trust also
protected from taxing authorities to the same extent they are
from other creditors?

Speaker 4 (02:08:59):
Question?

Speaker 7 (02:09:00):
Are they protected at all from taxing taxing authorities?

Speaker 5 (02:09:03):
I mean, you can get assets out of your name
for like a state tax purposes, but if you're earning
income on those, like you know it's going to be
taxed somehow.

Speaker 4 (02:09:10):
I'm not even sure if you owe just on a
little separate note, but the same wave, I'm not sure
if you owed payroll taxes, for example, let's say you
owed the trust fund portion. I'm not saying the IRS
would do it. But I think if you had an
IRA with money in it that if they really wanted to,

(02:09:32):
they might be able to get to that retirement count.
I don't know. I mean, that's really for a bankruptcy
or a Chapter eleven attorney. But I think the IRS
is one of the very few entities that can do
some stuff like that. I'm not saying they do do
it because it's not good in general, because why would
people put money into a protected account that ultimately isn't

(02:09:56):
protected from everybody?

Speaker 7 (02:09:58):
Well, well, yeah, I have a feeling that IRS has
their own special rules and most of us aren't protected
at all.

Speaker 4 (02:10:03):
What's the biggest call you get from the show Dan?
Is it someone like on a day like today? Afterwards?
Do you get people like, you know, how much is
a trust? I mean? Or what do I need? So
when people call you up? What what should they expect
when they call you up and say, hey, I want
to talk to Dan? I mean, really what happens from there?

Speaker 5 (02:10:22):
I mean, we do get a lot of calls from
people just say like how much would it cost? And uh,
you know I would I would shy away from anyone
who will just answer that, I mean without knowing anything
about you, right. I mean it's like calling a mechanic
and saying how much is going to cost to fix
my car? And they say three hundred bucks?

Speaker 4 (02:10:38):
Like great? Why didn't ask me any questions?

Speaker 10 (02:10:41):
Right?

Speaker 4 (02:10:41):
I mean that's well, where's something?

Speaker 11 (02:10:43):
Right?

Speaker 13 (02:10:44):
Uh?

Speaker 4 (02:10:45):
For some reason, people don't really see it that way
or the turn they I just need a simple well.
I don't know if you need a simple well. We
do simple wells, but you're not. You're not hourly or
not hourly, we'll give you a flat fee.

Speaker 5 (02:10:54):
So the process is, you schedule, you can talk with
our paralegal, you can talk with one me or my
other attorney, and we will tell you what we think
you need based on your assets.

Speaker 4 (02:11:05):
So there's such a basic question. So so someone calls
you up and I mean you're saying, okay, do you
have kids? I mean, what kind of value do you have?
How much equity in your house? I assume you're basically
trying to paint a picture of who you're talking to.
Are we dealing with three year old? A three year
old kid? Are we dealing with you know, thirty year old?
And two called earlier is fifty three? I mean that's
a big difference. Oh, it's a huge difference.

Speaker 5 (02:11:26):
I mean, are we dealing with a family is trying
to do this quickly because we got somebody wh's got
on Alzheimer's diagnosis? Or is this just young parents? I
mean it's a lot of variables.

Speaker 4 (02:11:34):
Do you do You get a lot of people like, hey,
my parents, I mean, I'm kind of in this. They're
in good health, thank God, and good mentally and physically,
but they're in their eighties and you start thinking about
long term care in some form of acid protection because
a lot of people, look, I don't care what you
think about it, because we don't make the rules. I'm

(02:11:55):
not a legislator, and I simply don't make the Medicaid
and the Medicare rules. I just don't do it. But
at some point, if you've got a half a million
or a million dollars, you can eat through that. A
couple could eat through that in long term care. Oh yeah,
like in two years and they have nothing to leave
to the kids that they worked for forever. If they

(02:12:17):
don't have assets and they qualify for Medicare, they can
actually get paid in where they're at. I mean, in
other words, they could be in a facility. I'm not
saying people want to be in that facility, but I'm saying,
you know, honestly, you want your parents to be somewhere
safe and stuff. But if they're one hundred percent out
of it, I mean, I don't know what they know

(02:12:40):
or what they don't you know what I'm saying. But
my question is do you have people thinking along those
lines like, Hey, we work so hard and we want
to leave our kids or our grandkids this money, and
how do we protect it? What do we do? How
do we protect a family house, the family farm, how
do we protect a bank account? I mean, is that
a big Oh? Yeah?

Speaker 5 (02:13:00):
I think I said earlier that's our most common asset
protection question is how do I pretend to protect myself
from end of life care costs and medical bills?

Speaker 4 (02:13:10):
And after you get by a period of time, Based
upon what Dimitri was saying, if you have that window,
that two year window or whatever it is, after that window,
they generally are one hundred percent protected with these with
these protection methods, and no lawyers are going to say that, right.

Speaker 5 (02:13:26):
I mean, you know that the problem with putting assets
into Nevada is it's still in the United States.

Speaker 4 (02:13:30):
Well, but fair enough. But I'm saying, under most circumstances,
it's a pretty good strategy.

Speaker 7 (02:13:36):
Yeah, then some states.

Speaker 4 (02:13:38):
Hold on, we got to take this hold on guys.
We'll come back to Dan in a second. Then, folks,
I'm going to give out his number. Really, this guy's great.
You call him up, and here's what I love about him.
You talk to him, you talk to his partner, you
talk to the paralegals. They get all the information. Then
they come back, Oh, it's a simple will. You're just
having your first kid, you live in an apartment. Simple

(02:13:59):
will is going to cause you only this or asset
protection's going to run you this. He comes back and
tells you how much it is. There's no hourly, there's
no surprise here. That's what he does.

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