The Troubleshooter 6-18-24

Episode Transcript

(00:04):
Ripped off that news. You needadvice who you don't have to come running
just as fast as we can.Show Shooter's gonna help come. This is
the Troubleshooter Show. No Tom Martino. Hello, Hello, Hello, I'm

(00:25):
Tom Martino. Welcome to the show. We are here to help you solve
problems, to answer questions, totake complaints, and to make your life
just a little easier. To myright, right here of your streaming on
this way shot, we have Danmackenzie. He is an estate planning attorney
and or maybe not a planner.Maybe you just are faced with probate.

(00:49):
Can people call you if they're facedwith sudden probate? Yes, definitely.
There's some confusion on probate as towho can open probate. We have a
bunch of relatives and friends and theysit around and nobody's doing anything. What
are the laws when it comes toprobate? Let you know, first of
all, can can a deceased personin a will name who they want to

(01:15):
be their personal representative? Yeah?I consider that to be the most important
instruction they put in there. Anddoes the court have to recognize it?
Not necessarily? I mean that itcould be challenged by somebody else. But
usually that's gonna that is going tobe the person. Okay, So if
someone dies and no one knows anything, Yeah, who can open a probate.
There's no will, there's no apparentwill, there's nothing around. What

(01:37):
do they do, really, anybodywith an interest in the estate. Does
that mean a friend, a housecleaner, somebody. Do they have an
interest in the estates? Well,they think they do, like they were
told they do. They were toldthey were going to get something. Yeah,
they probably can. Then doesn't meanthey're going to be a pointed as
the personal wrap. The person whoapplies to open the estate is not necessarily

(01:57):
going to be the representative. Andin some cases it's creditors, you know,
people who think there were owed moneyby the person who passed away,
and the family is not doing anything, the creditors could open it. The
family gets a six week head start, and if they haven't done anything by
that point and there's creditors thinking we'reowed money and nothing's happening here, they
can apply to open it. Youknow, you're an attorney, and attorneys

(02:21):
are paid advocates, And I wantedto ask you something In criminal law,
I talked to a defense attorney,and he said, it's not my job
to figure out if my client isguilty or innocent. It is my job
to make the state prove that heis. And I put up any kind

(02:43):
of defense that is an honest,just defense that he has afforded to him
by the law. And if theycan't prove their case, even if he
is guilty, he shouldn't be convictedbecause that will help them get the real
people next time around, and nexttime around and next time around. So

(03:04):
they advocate and most of the defenseattorneys I talk to, when you say,
how can you defend a guilty person, they say, I don't assume
they're guilty. I don't even knowif they're guilty. And I don't know,
by the way, personally, whatwould happen if if the guy said,
yeah, I did it, butI got to I can't go to
jail for the rest of all.I don't know what would happen in that

(03:24):
case. I don't even know.Maybe defense attorneys would weigh in on that.
But then on the other hand,I've talked to civil attorneys who are
hired by someone to sue someone,and they take up their case and they
go to court, and they fightthe battle. And then in your area

(03:45):
of law, a state law,it's not so much adversarial more than it's
more of a representative. Now itcan get adversary again, and it's it
usually isn't. And attorneys in ourarea law I have different roles available to
them. So if I'm represent apersonal representative of an estate, I supposely
helping that person represent the estate,and that means, you know, not

(04:06):
putting their own interests ahead of theother people. I wanted to ask you
something about being a paid advocate forsomeone who wants to, let's say,
challenge it will or challenge and dosomething put in a claim. Do you
is it your job to advocate forthat for their position, or if you

(04:26):
feel they're wrong, do you justnot take it and say I'm sorry,
I can't fight for this. It'sbecause when people call here and I don't
think they have anything, you know, I said, look, man,
we're not going to call and hasslethis car manufacturer or we're not going to
hassle this person or whatever. Sohow does that work in criminal law?
They do it no matter what whathappens in a state law. As far

(04:47):
as being an advocate. Yeah,it's a little trick here, I think,
because yes, we will tell peoplethey're off facing okay, and you
can't. But if they want tomove forward, yeah, I mean you're
not obligated to take up their case, right, No, No, neither
is the defense attorney, I guess. I mean anyone can turn down anyone,
right, true. Okay, Andwe got a lot of people are

(05:09):
just like they just kind of generallythink it's unfair or they don't think their
parent would have done this or whatever. It's like, that's not really the
rule, right. You got toprove that they were unduly influenced or that
they didn't have capacity or something like. You can't just say this is unfair.
So judge turn you know, overturnthis thing. By the way,
I want to give out our numberthree oh three Martino. You can call
twenty four seven three oh three sixtwo seven eight four six six. Really

(05:34):
important that number because it rings throughhere when we're here, and then it
rings through our voicemail when we're nothere, and you can leave a message
and we will absolutely get back toyou, okay, so you never have
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(05:54):
thing is you can always write tous help at troubleshooter dot com, and
then when we're on the air,we can use ihearts now birth three oh
three seven one three talk seven onethree eight two five five. So Dan,
when I when the biggest problem weget with the States, And I'm
telling people right now they better putstuff in writing and nowhere to find it.

(06:15):
The biggest problem is when someone saysthere is no will, and you
know there was a will and youwere named in it, and they left
Johnny in charge and Johnny says Idon't have a will. I mean,
there's really nothing you can do ifsomebody doesn't like the will and makes it
secret. We've said that before.Now that's not a common problem we get,

(06:36):
but I'm just that's my curiosity.You can't make I knew of a
case one time where they the personhad kind of expressed what they wanted to
do when they were dead and saidthey had a will and Aunt Jenny has
the will, and Aunt Jenny whateverher name was, said, no,
he didn't leave any will. Whatdo you do in that case? I

(06:57):
mean, you can't make someone.I mean, there's so much honor when
it comes to a state law,isn't there Yeah, trust and honor.
Yeah, even if you have acopy of the will, the court presumes
that you only have a copy becausethe person who created it destroyed the original
intending for it not to be Wow. So you got to do the formal
process and schedule a court hearing andgive people a right to object and all

(07:19):
that kind of stuff. So thatis the presumption that if there's no will
produced and the original that there wasno will. So yes, like we've
discussed, you know, if youhave a will and you lie about it,
it's just like any other fraud youcommit. If it gets discovered and
there's a pretty good chance frankly,like they'll find the lawyer who drafted it

(07:41):
or something will come up, you'rescrew. You're in trouble. It's fraud.
Yeah, Okay, Now when itcomes to this, how many times
have we heard this? You know, my dad's will was perfect and then
all of a sudden two years ago, he changed it. We never knew
anything about it, and everything's goingto the housekeeper. Do they look at
that, like, do judges havediscretion to say that doesn't make sense?

(08:03):
Or do they have to just Hey, it's the will. It's the will.
Oh no, that's you know,there's that's the one I just mentioned.
It'd be undue influence? Was thishousekeeper? And how do how do
you prove that it's litigation? Imean, you have witnesses coming in you
you know, we we do discoveryand it's just like a civil litigation process.
So so the kids say, wait, he didn't want everything to go

(08:24):
to the housekeeper, or he wasn'tin love with that woman, or he
didn't mean for his gardener to gethis car right correct. Yeah, And
then we were looking at like,well, what was the relationship, how
did this happen, what were thecircumstances under which it changed, who was
involved in it? All those kindsof thing. But you see, I
find a state law fascinating because ofthis reason. If it's not made right

(08:48):
and clear, everybody suffers. Yeah, Ambiguity is always a problem for what
we do. And that's you know, where people are doing it on their
own or people who would just haven'tbeen through probates before and don't really understand.
You know, we see people dothings and they just don't anticipate all
the potential other plans that can beNow there's something we've talked about in the

(09:09):
past, and by the way,people we don't have to talk just about
a state, but there are somefascinating law when it comes to estate planning,
and so many people put it off. But there is something that I've
always said that I was a bitwrong or I didn't add enough to it.
Here's what I said. If yourdad or mom, or aunt and

(09:30):
uncle or anyone who has a home, they bought it really cheap, and
they die and they left it toyou. The date of death is the
date of valuation, so you geta stepped up basis. So they bought
it for fifty grand and it's goingto sell for three hundred. You want

(09:52):
to get as close to three hundredfor your basis as possible, so on
the day of death that that houseis worth three hundred. Theoretically you get
it at three hundred and then youcan sell it at three hundred. So
if it's worth three hundred and yousell it for two hundred, do you
get a loss? You can actuallytake a loss, say take the lot.

(10:16):
Yeah, So I think it's goingto apply against other capital gains.
I don't think you get a rEFIndof your individual. Okay. So if
I inherit a house and on thedate of death it was two hundred thousand
and I can't sell it, who'sto say I'm not manufacturing a loss by
selling it less? Yeah, Imean the irs could challenge that. It

(10:37):
certainly could. I mean, itprobably is gonna or I sell it to
my kid, or I sell itto somebody else. Yeah. People try
and do that. They sell thehouse for a buck or maybe something well
or whatever or whatever and say,well I sold it. No, anything
less than fair market value is goingto be considered a gift now, Okay.
So the last question, or theone item I wanted to say,

(11:00):
is when you get that house onthe day of death, if you don't
like that value, can't you waitand take an alternate date of isn't there
an alternate date? What tell me? If that's the part that I just
found out about, what is we'regoing to talk about that coming up?
I'm Tom Martinez. So in otherwords, we always say date of death

(11:22):
value, date of death value,but actually not so not all the time.
You can actually have an alternate datevalue. Then does everything get a
stepped up basis? So anyway,as I said, you can call about
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Hi Tom Martino three O three sevento one three talk is our number?
Or three oh three Martino. Let'sgo to devn Hi Devin, what's

(15:00):
going on? Hey? How areyou? Tom? Devin? Did I
meet you before you did? WhenI was like eight or ten down to
lot and didn't I meet you upat your house? When I went up
there? With Is John? Yourdad? Yeah? Jones my dad?
You might have met It was eitherme or my brother. I remember,
well, your brother John was theolder one. That he was also in

(15:22):
car sale. Okay, now letme explain this to people. Devon is
the grandson of Dave Rothrock, whois the founder and owner or was the
founder and owner of A Rocki's Autos. And Dave was I think Dave was
a marketing genius back in the daywhen he did this. At one time,

(15:46):
these guys were selling six hundred carsa month. They were one of
the largest used car dealers in thecountry. I think what happened, and
you know, I represented, ofcourse, I did commercials for your dad
or for your grandfather, and thenI knew your father as well. And
yeah, your father's incarcerated. It'sa sad story. Your other uncle,

(16:08):
I guess, committed suicide too,didn't he. Yep, and he did
that. It's a tragic story.I mean, Dave Rothrock was a hard
working guy man. He just workedhis ass off and he had two sons,
and one son tragically committed suicide.I believe it was on Father's Day.
I mean it was terrible, andand he was he suffered from depression.

(16:33):
Your dad was a good friend ofmine, I mean he really was.
And and your dad I went upto the house, and you know,
I don't want to get into toomuch, but your dad probably suffered
a little too, I think,because he later on went to Arizona and
got into a shoot all this ispublic knowledge. He got into a shootout

(16:56):
with police. Yeah, and that'ssad. I mean, he was trying
to commit suicide when my parents gotsplit up, and and yeah, he
got addicted to prescription meds and yeah, it was just yeah, a midlife
crisis. Yeah. And so whathe was hoping is the cops would kill
him, and they didn't kill him, and he went to jail. Do

(17:21):
you ever get to see him,Devon, Yeah, I see him once
a year. You know, there'snot really good medical care in prison.
So he's he got shot twice.He's in a wheelchair. Now he looks
pretty old, but he's in awheelchair. So he was he was paralyzed
by the police. No, justhe was shot in the ankle, so
walking's hard. And then he wasshot in the back end. He only

(17:45):
has one lung because the bullet likecollapses long. It's amazed, it's amazed
he didn't get killed. You know, my heart goes out to Devin.
This is a tragic story, andyou know what David wanted nothing but the
best for his family, and heworked it. Like I said, he
worked his ass off. And Daviddied. Did your did your step grandma
die? No, she's still alive, Okay, still alive, and she

(18:11):
had a battle with cancer. Shehad a battle with cancer early. So
so you guys have been through it. How is your mom doing? She's
good. Her her parents were justkilled in a car accident in Texas going
uh to Texas about a year ago. But she's doing good. And my
sisters is doing well. Now Iknow you have some mistake questions because I

(18:33):
imagine, did did your granddad havea will? So he h yeah,
he did. No, he didn'thave a will, and there was a
reason for it. So there wasa prenuptial agreement without a will. Wait,
a prenuptial agreement with who my stepgrandmother? Okay, And and then

(18:57):
he was going to I assume bomedwhen I talked to him. I mean,
he never told me directly, butyou guys were everything to him,
his grandkids. Yep. And Iimagine, Devin, I imagine he left
a sizeable estate. Yep. Nowdid you have don't you have twin sisters?

(19:21):
Yes? And then you have yourolder brother John. Okay, so
what is your question for Dan McKenzie. Well, so there's two things.
There's a holographic will that was written, the signatures don't match. There was

(19:42):
a prenuptial agreement. At what pointis it better to kind of do a
knockdown drag out where you do thewhole probate thing and go through the court
process or and Joe, well,are you saying that? Are you saying

(20:02):
that David's estate has not been probatedyet? No, it's in the process
of going. But it's also inthe wh who opened the probate? Who
was his personal representative? It wouldbe the lawyer for the company, mister
Miller. Now, but the lawyeris the personal representative. And there's a

(20:23):
will. And does mister Miller believethe will is accurate? I think she
it's like half accurate. There's thingsthat are wrong with it that won't stand.
But there's things that how old isthat will? About seven or eight

(20:45):
years old? Okay? Now,in general, did David leave everything to
the grandkids or to his daughter inlaw, to his son in prison?
I mean, how did it workout? Yeah? So in the prenuptial
agreement everything went to his grandkids andson. So your dad, your dad,

(21:11):
and you and your siblings correct,okay? And what's is anyone challenging
that we are after the fact whenmy dad goes to prison, there's a
history with him and uh, thestep grandma that she wants to cut all

(21:33):
of us out, so on thearea. Wait, so your step grandma
she wants to take everything for herself? Is she not recognizing the will?
The will not they're not recognizing theprenuptial agreement? Because okay, so does
the will? Does the will leaveeverything to her? The will says that

(21:59):
it wants the prenuptial agreement voided.Okay, And did anyone witness this will?
There's two so it's like I said, it was written on it.
So it's written on a notebook paperand there's two different sections to it.
So the top part was not witnessedor sign the bottom part was, which

(22:23):
says my dad gets this and this. So part of the signatures don't match
my grandpa's signature, which both attorneyshave agreed upon. And they're just at
this point trying to just get it, get it settled, instead of dragging
it through the leader and your stepWhat is your step grandma's first name?

(22:47):
Darlene. Yeah, that's right,I forgot it, Okay, Darlene is
she So she has an attorney,she lawyered up and she's basically challenging the
prenup. That's right, all right, hold on because Dan McKenzie here has
been taking mental notes and he'll answerall of your questions and he's rather good
at what he does. So hangon, Devin, and we'll come right

(23:10):
back to you. I'm Tom Martinez. We got more coming up on the
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(25:21):
five. So, Devin, thankyou very much for calling. And uh,
we have Dan mackenzie with us ina state planning attorney and Devin is
just saying, you know, whatdoes he do. He's in the middle
of all this, he and hissiblings. Uh, and uh his dad
who is in prison. Basically,Devon's granddad was the founder of Rockies Autos,

(25:45):
Dave Rothrock. Dave worked his assoff his whole life and had a
giant of state. And he supposedthey had a prenup that said, you
know, I'm not leaving my wifemuch. The kids are get everything,
or my son and his kids.And now she's challenging that because she said

(26:06):
there is a will that was writtenafter that, and the will negated the
pre nup. And I guess Danmackenzie, attorney at law, if in
fact they had a prenup, hecould write a will that would negate it,
right, I mean, that wouldbe his right to do that,
as that's usually how that works.You have the prenup agreement with your spouse

(26:32):
saying, we can write each otherout of each other's plans or give less
than we're required to under the statelaw, and then you would execute a
plan doing that. If you don'texecute the plan, whether a prenup qualifies
as a will, you just gotto run through they qualify. Yeah.
So now, Devin, are youand your brother represented devn Yes? Okay,

(26:57):
so you have an attorney, right, yeah, yeah, everything should
be sort of out. I guess. The main question was like, uh
yeah, if you guys can Iguess come to agree on things. It's
better to settle it than just dragit out. Basically, now, now
hold on, yes and no.I mean, if you feel there's fraud

(27:18):
going on with that will, whatare the steps there? And I mean
what he says, when does whenis it worth fighting? I mean how
how does? What would they doto go about proof of trying to prove
that part of that will was kindof forged basically is what he's saying.
I mean, an initial question is, let's say we knocked that will out.
What happens? Was there a previouswill leading everything to your family?

(27:41):
If there isn't. If no,there wasn't, so it would be so
if you if you knock out thewill, the pre nup isn't necessarily a
will, but at least it atleast would show his intentions toward his wife,
right, Yeah, But is heallowed to disinherit her in a prenup?

(28:02):
I mean, if that's what theysaid in the prenup, that's usually
what prenups say. But okay,to see the prenup. And how long
were they married devon a good chunkof time. Twenty years? Yeah,
So, so under normal circumstances,without a prenup, she'd be entitled to
fifty percent of the estate, isn'tthat right? Dan? If he left
a will leaving her out. Ifhe had no will at all, then
it's a different calculation. So ifshe has no let's say they knocked the

(28:26):
will out, what would happen?Then? Under these we would go back
to the previous will if there wasone. If there wasn't one, would
either there was one then he diedin testape? Then what does that mean?
So under that, the spouse getsthe first two hundred and seven thousand
dollars of the person's estate and thensplits everything above that fifty to fifty with
the kids. Of the person whodied, So really, yeah, and

(28:47):
that could be a lot, thatcould be a lot. Yeah, but
it's fifty to fifty after the firstshe gets two hundred plus fifty percent.
Yeah, that's if Devin, therewas no will. In other words,
if you negate that will and callit quits. Now, can ken a
judge actually picked part of the willand say this is genuine? But this
part doesn't look genuine. Can youactually have part of a will? Uh

(29:11):
ruled? Uh? You know,not genuine? I don't think so.
I don't. I've never heard ofthat. And Devin, are you saying
there's there's obviously two parts to thiswill and he signed one, but do
you think the other was added?I get added later at a different date,
added to the note after he passedaway. And there's no actual physical

(29:36):
copy of it, just a picture. Really, just we'll get it figured
out. Well. Listen, Devin, I really appreciate calling, and if
you ever need anything else, youcan call us off the air as well.
Three h three seven to one threetalk. Here's the deal. What
I'm saying to is, point blank, if you think there's fraud, you

(30:00):
usually it's worth going after because andthen and thank you Devin. On on
this topic, you said there's apicture of it, not the original.
What happens then, I mean,that's treated like a copy. So Mike,
I said, if you only havea copy, like they'll throw it
out. It was destroyed, Devin. If all they have and all Darlene

(30:21):
has is a copy, they willcall it. Uh, they'll presume it
was destroyed. Now the personal rappcan still put forth evidence saying look now
they're really this is this definitely wasthe will It gets messy, It gets
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(31:30):
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(31:53):
five times. So it's just kindof like, I don't know where you
go. Here's what I want toknow. When you file your taxes and
you put in your car and allthat, don't you just get a credit?
Why do you have to say youdon't send the sticker in with your
taxes, do you Well, theywant all of that. Yes, Wait,

(32:15):
when you file your taxes, failyour registration, there's about four or
five things that they want in orderto get that five thousand dollars. Now
is it a five thousand dollars taxcredit on state tax or is it a
check? Well, it. Technically, I think it is called a rebate
from the state, and so whenwe submitted to taxes, it was included

(32:37):
with my refund and they denied thefive thousand rebate. So that's a lot
of money to get a check.Well, that's a lot of money,
I mean. So I need tofind out from people who know about these
ev rebates. We need to researchthis for you. So what are they

(32:59):
saying after you sent in the documentation? You just can't You didn't hear anything,
right, Well, they said thatif they amended what my refund would
be and took the five thousand dollarsoff the refund, Yes, and then
they give you a whole bunch ofdifferent things that maybe you didn't send in
correctly. But they did give youthe provisional credit. No, they denied

(33:24):
it and gave me a thirty daysto protest it, which I did and
send an additional documentation which I sentin. Okay, When did you send
it in? When are the thirtydays up? Well, I received the
letter of dated April third. Isent in the documentation or my accountant did,

(33:45):
on April seventeenth, okay, andso you have not heard anything since
then? No, I have not, and I have tried to contact them
either online. I don't want togive you hold on. I want our
deputy to look into this because reallythis gets complicated. We need to look

(34:05):
into the general procedures and where yousubmitted the paperwork. Did they acknowledge that
they got your paperwork? Yes,they did. They did sit And did
they say you'll be hearing from us? What did they say when you submitted
your paperwork? Well, you geta letter. I got a letter back
telling me that the tax refund wasamended and the five thousand dollars was taken

(34:30):
away because I did not submit all. I get that now, I know
that. But after they said theygot your paperwork, did they say we'll
be getting back to you. No, they said you have thirty days to
protest and send in I know.And then you sent it in and then
they told you they got your paperwork. Did did they say anything? Not?

(34:52):
After after we resubmitted on April seventeenth, I have heard nothing from this,
Okay, I ca got it.Hold on three oh three seven to
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(35:38):
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(36:24):
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(37:07):
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dot net three three sixty six eightsix eight four four Hi Tom Martino here

(37:32):
three three seven one three talk sevenone three, two, five five.
Let's go right to the phones.Mark. You have an issue with concrete.
What's going on? Man? Ohman? First of all, never
pay in cash ahead for a concreteOh. Now, you know what,
I'll tell you this concrete is areal challenge to do it right. And

(37:52):
here's the problem. To do itright take so much prep and grooming afterwards
that I believe people cheap out andtherefore they're hiring people that can't possibly do
it right for that price. NowI'm not saying that's what you did,
but tell me about it all right. What I did was I contracted,

(38:14):
I entered into a written contract Junetwelfth of twenty three to create two patio
extensions from my current backyard patio goingoutward and to contact with four raised gardens
four x eight x two and somestairs that go down to the lower deck.
Portion with who'd you contract with?I contracted this with Horizon Roofing and

(38:39):
Concrete Services of the aka Joe's Roofingand Paving. Okay, Joe, So
it's Horizon Roofing and Concrete, yesservices, right, and then they also
have a DBA Okay, So whathappened, Well, what I did was

(39:00):
when I contracted him. He says, well, I'm going to need about
a third up front. If you'repay in cash, I'll give you a
great discount because I have Mexican workersthat I can pay without having to keep
records and so forth. And I'mgoing, well, that's fine. How
much is the discount and how muchis the price? So he quoted me

(39:20):
at thirty thousand to do the twodecks. That sounds okay. Hold on
a second, let's come back toyou. I'm hoping we can do something
for you. And again, thisis not unusual. We've handled them before.
I'm Tom Martinez. We also havea follow up coming up with Deputy
Chopper and an RV issue. Let'stalk about all of it. And your
problem's coming up. Yeah you needwho you don't have? Come a running

(39:58):
just the status. Yeah, Shooter'sgonna help coming man. This is the
Troubleshooter Show. No Tom Martino,Hi Tom Martino, Your Troubleshooter three O
three seven one three talk three allthree seven one three eight two five five.

(40:20):
Welcome to the show. Denver.Regen dot com, by the way,
is doing hair replacement with this specialstem cell therapy. They're having great
results. They're also doing, ofcourse, semi glue tide compounded for a
weight loss at two hundred and fiftybucks a month. That's Denver Regen dot
com. Hey, I just foundout for my YouTube morons. Then I

(40:40):
looked it up. Tyson uh saidhe's not gonna fight Jake Paul, and
Uh, Jake Paul some YouTube guythat got to be a great boxer.
I guess he's really good and beatingthe hell out of people. And then
he and Mike Tyson hooked up amatch that was supposed to happen in July.

(41:02):
Mike Tyson says he hasn't been ableto train because of a health scare.
He calls it a postponement, nota cancelation. But in any case,
I guess this Jake Paul is reallysome kind of sensation. But he
claims not only is he going tobeat this guy coming up that replaced Tyson,

(41:22):
he's gonna beat Tyson as well,and then he's gonna go get McGregor.
So he says any kind of fighting, he can whoop anyone. And
I have not seen him fight.Has anyone seen him fight? Have you
seen him fight? Scher? Imean I I h Shannon, Have you

(41:45):
seen him? I haven't seen him. Three oh three seven one three talk
seven one three eight two five five. So we're talking to Mark about a
contract he had with a concrete guy. So, Mark, where did we
leave office? So this was Juneof twenty twenty three. We're coming up

(42:06):
on a year, right, youknow? Yeah, passed a year?
And did he ever pour it?By the way, No, what he
did was he had a guy comeout and demolish my backyard and compact some
of the soils and that was it. And wait, so when did the
guy come out and prepare the ground? Oh, maybe about a week and

(42:28):
a half after we signed a contract. And what did he do? Well?
I believe this guy is a subcontractorfor other Yeah, but what did
he do? Came in, hepulled out all my railroad ties, removed
and demolished any shrubs and bushes fromside to side. But after that,

(42:50):
no one else came back. No, sir, Okay, how much did
you pay up front? Eighteen fivehundred? Oh my god? Yes,
So what does he have to say? What is the guy's name you're dealing
with there? This sounds like sleevesBrigade? What's the guy's name, His

(43:12):
name is Joe Perkowitz. Joe Perkowitz. Yes, And what does Joe Perkowitz
say about this? Well, hesays, well, I didn't realize when
I went out of state that myforeman went and took your money and gambled
it away up in Blackhawk. Sowho did you pay the who do you

(43:37):
pay the money to? His foreman? And you did pay it to him?
And and yes, and this guyis saying he gambled away, so
it's not his problem. Well,he is assuming the problem. And here's
what his agreement back to me was, which is I think is just lips

(43:59):
orervis. But he said, I'llcome back and for the remainder, I'll
finish all the cement work, andfor the remainder of what you owe me,
which is nearly ten thousand, hesays, and you don't have to
pay me until it's all done.And he says, I think I can
get it done, maybe June orJuly of twenty four. And so I

(44:23):
said, well, okay, can'tyou give me a specific date? And
he goes, well, I've gotto reassemble my crew when I get back.
Well, tell me this, whatharm is it to let him try.
Well, the thing is, Idon't believe him anymore. He doesn't
answer my phone, and so Ifiled a complaint for him with the State
of Colorado, who they said,you have certainly have a legitimate civil case

(44:46):
here. Yeah, and he said, so are you going to court about
it? Joe answered my call,say again, and what's happening now?
Nothing. I can't get a holdof him again. I cannot get a
confirm a date. I'm very niceto him every time on his message machine,

(45:06):
but I never get an answer.Does he have a website? He
does, but I think it's downnow. It's called Joe's Roofing and Paving
dot com and it's all spelled outJoe's Roofing and Paving dot com. Now
he's probably out of business. Yeah, this isn't going through. Yes,

(45:30):
he's taking it down or he didn'tpay for it. Oddly enough, I
decided to go up to the addressthat he had up in Golden to just
knock on his door. Yeah,and I was met with his landlord sweeping
out the last of his dust,saying that he was evicted for non pavement
and he abandoned his truck up thestreet. You got screwed, drub,

(45:52):
you got screwed? Here? Howdo I get it over this? Well?
I mean, listen, you youmade a big mistake. People do
it all the time. I mean, where'd you find this clown? Well?
I vetted him off of five peoplethat offered the job. Wait a
minute, and does what do youmean? What do you? How do

(46:13):
you vet the guy? Tell mehow you vetted him? Well? I
found him online and I saw youvet him. I looked him up.
I looked him up. Hold on, you you looked on online reviews?
Online reviews, Yes, online reviews. There are none, so so hold
on, there are none? Sowhere'd you find the reviews? What do

(46:34):
you mean? Not? Now,he can't take him down. He didn't
take him down. So they werejust on his website and nowhere else.
Then? Okay, so you didn'tvet him? Did you talk to any
references? No? What does vettingmean? No? No, I don't
mean to give you a hard time, bro, But what does vetting mean
to you? Talk to the guy? Well, talk to him and look

(46:59):
him up and see if you can. You didn't look up at Okay,
where'd you look him up? That'swhat I'm asking? Where did you look
him up. There's no reviews abouthim except bad ones. Where did you
look him up? Only online?Wherever? Okay, tell me where I'm
trying to find out because I can'tfind him. Tell me where you looked
him up? All right, Angie'sAngie's List, Angie's list, and hold

(47:23):
on, hold on. That's notvetting someone, that's selecting someone. So
how did you vet him off ofAngie's list? This is where you found
him on Angie's List? Yes,I believe I did, Oh my god,
but yes, improper vetting and paywell, there's no no, there

(47:44):
was zero vetting and zero sense toput to give eighteen thousand dollars to someone
up front is absolutely ridiculous. Iam so sorry, but I don't think
there's a chance in hell you're goingto get this money back. Do you
have money to finish I have moneyto finish it, I don't mean to
finish it. Do you have moneyto do the job? Not accumulated right

(48:09):
now? I have to save upagain. I'm so sorry for you,
man, I really am. Imean, I don't I'm not angry with
you or anything. It's just toobad that people do this and they trust
these clowns. It is, itis, It's terrible. So have you
looked up? I mean, Hectortried to find this guy at all.

(48:31):
Well, do you have a phonenumber? Yes? I have a phone
number. Does it still work?Yes? It does? What's his phone
number? Seven two zero seven eightto one eight two five three? And

(48:51):
does he answer only an answering machine? When I called the state, they
answer, He answered them. Andthen after the State called me back and
said, yeah, I talked tohim, and you should try to give
him a call. So I calledhim and then he answered. At least
he answered, and we talked verynice. When was last time? When

(49:15):
was last time? You talked tohim? About two months ago? And
he was going to come out andfinish. Yeah, he was going to
have assemble a new crew and comeout. And for the price that I
paid him. He says, Ican't just give you a refund. He
says, I don't have that resource, but I can. You know,

(49:37):
I can come out and finish thejob and charge you for the remainder of
the contract. Hold on a secondhere, let's hear hold on. Okay,
All right, well, this isTom Martine. You're live on my
radio show because you're ripping people off, you scumbag. Joe Perkowitz, you're

(49:59):
ripping people off. What do youhave to say about that? Mark paid
you eighteen grand and you didn't showup. We're coming after you legally.
We're going to have you arrested underthe contractor under the Contractor's Trust Act.
What do you think about that?Joe? Hell? Yeah, what do
you think about that? This isTom Martinez. You're live on the air,
and you paid, You got paideighteen thousand dollars up front from Mark

(50:22):
and he didn't get anything. Idon't know who you're talking about then,
yeah, right, scumbag? Yeah? See is that him? No?
Is that him? Yep? Thatwas him? Yeah. Well, at

(50:43):
least we got through to him,didn't we. Sure. See he's blocking
mine he's either blocking or filtering mynumber so that he knows who's calling now.
He won't answer, of course youwon't. No. Yeah, this

(51:05):
is Tom Martine. You're live onthe air. We're letting people know what
a scumbag you are for ripping peopleoff. Are you going to come through
for this guy and give his moneyback? Who are you looking for?
I'm looking for you? Talk tohim, bro, Talk to him,
go ahead, talk to him.Mark, Joe, come on, give
me a confirmed date and tell methat you're coming out and finishing my work,

(51:29):
because I'm getting tired of being putoff. Do you hear, Mark?
Hello, you took eighteen thousand dollarsfrom Mark and you did not You
did not finish this, You didn'tstart his job as concrete. Hello,
Yeah, we're here man. Hello, Hello, what's going on? Joe?

(51:51):
Joe Perkowitz? I'd him call himright now? Mark? Or is
he blocking your number from my cellphone? Yeah? I'm gonna let you
go, and then you're gonna callus back. Call him right back,
call him, he'll answer, goahead and then call me back. Three
all three seven, one, threeeight two five five. I am so

(52:14):
tired of scum sucking pigs. I'mso tired of people getting ripped off.
And you know why, because thatthat is what our society is now.
People get ripped off, and nobodycares. People shoplift and nobody cares people
steal, nobody cares. Okay,I'm going to answer. Yeah, this
is Tom Martine on my radio show. What's going on? Hello? Yes,

(52:37):
Hello, how are you? Yes? Yes? I can so Mark
wants Okay, I'm sorry man,Okay, listen. As I said,
I'm calling for my radio show.We do a consumer show where people call
in with problems and Mark, areyou there? Mark? Is Mark still
there? Mark said, he paidyou eighteen thousand dollars last year to have

(53:00):
Huncreek Port in his home, anduh, you have done nothing. You
sent the guy out there and theguy tore up the ground, but you
did no work. That's that's that'suntrue. That's untrue. Mark didn't pay
me anything. Mark had a teamto go out there and they came across
an agreement and they so that guywasn't yours. That guy wasn't yours.

(53:21):
That he paid guy. That guy, uh, that he made an agreement
with. It has another name.I don't know what his exact name is,
but Mark knows the name. Sothat guy didn't work for you.
God. No. He gave himmy business card and he drove my business
truck because he stole it off thestreet. And I've already done reported it.
So hold on, Mark. Thisguy is saying he's a victim.
Joe is saying he's a victim.Here Mark, I have never met Mark

(53:45):
in my life. He Mark MarkMark, Mark, Mark, have you
ever met Joe? Yes, hecame here with Scott. He met No,
he never met me. He metsome other gentlemen. He knows their
names and uh, and he gavethose gentlemen some money to repair his background.

(54:07):
So those people did not work foryou. No, they did not
work for me. They stole mywork truck. And in fact, Mark
still has my tools out of mywork truck that they stole, and that
he stole out of my work truck. And in trying to recur some of
his money, I'm not sure exactlyI told him when I come in fun,
I have no problems to coming thereand talking to him in person,

(54:30):
and he'll see that he has nevermet me. He has Whoever he dealt
with is who he dealt with.And I'm nice enough, you know so,
Joe, you swear to God,Joe, you have never met Mark
before. I swear to God.I've never met Mark a day in my
life. He has met other gentlementhat has helped him. Did other people
did other people say they were you? Uh, it's possible. My name

(54:53):
is all over my truck, myphone number is all over my b did
they Hey, let me ask yousomething Joe did they did you have these
guys arrested? I have pushed chargesalready. I have recorded my truck stolen.
I have recorded my tools stolen,which Mark has already told me he
had. I've done everything I canMark, Mark, Do you believe Joe

(55:15):
here or does he sound familiar?Does his voice sound like the guy you
met? Yes? Well, areyou sure of that? Yes? And
if I see a picture of Joe, I can identify him. But Joe
says that I stole take tools outof his truck and that I'm not correct.

(55:38):
We're just to Joe. We're justtrying to help a guy out that
spent eighteens man, I could imagine. And I know of this. I
know of this story already. Ididn't know it was quite that exterior amount.
What's the guy? What's the guy'sname that took the money? Get?
What's his name? Do you know? God? God, I'm thinking
of his last name. You know, I know him as Scott. And

(56:00):
Scott never worked for you? No, No, he did in the past.
He was fired and he came backand stole my work truck and uh
and and and that's how it's been. And I didn't know how long he
had it and how long he wasdoing all this before I actually found out
that the truck wasn't in the arttruck by the way, Tom. This

(56:25):
truck was abandoned by Scott's house thatgot evicted. And when I went to
Mark cultures of his truck, Isaw robbery in progress. Some kid,
yea, but that has nothing todo with Joe. That has nothing to
do with Joe. I stopped therobbery and and go ahead. And what

(56:50):
happened of the tools? I toldJoe, come and get your tools.
The least you know, Joe,I'm just saying something. Joe here could
be telling the truth about Scott rippinghim off, especially if you've never met
him before. Hey, Joe,are you on? I here's what I

(57:12):
want to do. I want todo a lineup of photos to see if
he can pick you out. Ihave no problem with that. Okay,
could you if you could do mea favor? Now you don't have to
do anything, but if you coulddo me a favor, and you can,
if you can email us a picture, I promise you I won't show
it to Mark until I put itup against other pictures. I swear to

(57:35):
you Joe, I don't know aboutthat. I got Mark information and I
could send Mark the pictures that heknows. Yeah, but if you said,
okay, okay, Mark, whydon't you call Scott off the air
right now, call him off theair and have him have him text you
a picture because he swears he's notthe person you dealt with. That's right,

(57:58):
that's right. And he knows thathe knows who he was talking to,
and he dealt with them. Fromwhat I've learned, he dealt with
them quite a few times, Scottand Vincent, both and Leo. But
he had the contract under my company'sname. So I told him I have
no problems when I come back intown this summer and coming back to the

(58:19):
project and meeting him in person andgoing over exactly what was done and exactly
what is needed to be. Fromwhat I was told, they did do
some work. And I'm sorry thathe paid more than he should have,
is what I is. What I'mgetting to, the determination here that he
shouldn't have gave as much as hehas, assuming that he should have gave
them because obviously the some work wasdone well. He said, they tore

(58:44):
up the ground to get it ready. And here's the other thing. He
said he has ten due when thejob is done. So okay, that's
good. That's good because that leavesus some money to fix this job.
And he also came up with asimpler format to get this job done.
So I don't, uh I liftthe boiling water on here. Okay,

(59:04):
I'm gonna let listen. I wantMark to call you and get a picture.
Mark, why don't you let's givehim the benefit of the doubt until
we find out differently, because he'ssaying he was ripped off. Hold on
and we'll do that. Listen,Thank you, by the way, uh
I appreciate that. And then let'sjust see what's going on here. I
want you to call him right now. Three zero three, seven to one
three talks seven to one three eighttwo five five. Do I owe you

(59:28):
a break here, Shannon? DidI not take am I overtime? Okay?
More coming right up. Jordan Canois going to talk about the event
this week Thursday. That's Thursday night, six point thirty at the Sheridan DTC.
Go ahead, Jordan, tell uswhat's in store and people I want
them to know something they're not goingto be You're not going to be there

(59:51):
trying to sell them stuff, tellthem what we're going to talk about.
That's right, we're getting educational knowledge. I mean, we find that there's
too much financial information in this worldthat it's too hard to make decisions,
whether it's protecting your money from marketcrashes, from from economy town terms,
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(01:00:13):
is what we do. We havebecome the banker one of the best renowned
financial strategies. And you know this, Tam, this has been around for
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oh three seven seven nine sixty sixhundred. Seven seven nine sixty six zero
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(01:01:00):
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Notice the Fuller difference three oh threefive nine seven forty five hundred five
nine seven four or five zero zeromy accident lawyer dot co. Hey,
I'm Tom Martine. You're a troubleshooter. Three h three seven one three talking

(01:02:07):
seven one, three, eight,two five five Mark, I want Mark
to call I'm gonna I'm not takingMark. I want Mark to call him
off the air. See what wecan what's that? Oh? He did?
I'm sorry? Okay, there yougo, Mark can go ahead.
Yes, did you talk to himoff the air? Yes? I talked
to him off the air and hesays, oh, so you went behind

(01:02:28):
my back. And he says,we had an agreement to do this.
Uh. Yeah, but that doesn'tmean it was him. He yeah,
he told me that he he wasgoing to work out something with you.
But are you sure that is theguy that you have previously met with?
Well, if someone else was impersonatinghis names, then then I don't know
his face. But but what abouthis voice? Usually people, I mean

(01:02:52):
it's you. I would know ifI had met the guy and talked to
him before by talking to him rightright and I talk, Well, how
would I get him started? Idon't know. No, what I'm asking
you is does the voice sound familiarto you? Yes, sir? Does
it sound familiar because you've talked tohim before on the phone or from when
you met him in person? Well, if he had someone impersonating his name,

(01:03:19):
and saying he was Joe when theycame here. Then I was I
was spoofed by this contract. Iguess, I guess. I guess I'm
not getting my point across. WhenI talk to someone, I can tell
if I talked to him again,unless they disguise their voice or something.
But right, does that make senseto you? Italian guy, does that

(01:03:40):
voice sound familiar to you as someoneyou met? Yes, yes it does.
It was Joe. Perkwitz is anItalian guy, and this is an
Italian guy. Perkowitz is not Italian? What are you kidding me? Perkowitz
is not Italian. Okay, okay, listen. I want to help you,
but I want you so listen.What he was saying to you is

(01:04:04):
you went behind my back, meaningyou know I told you I would take
care of it. This guy mightfeel like I don't know if he's telling
the truth or not, but he'sclaiming he never met you before. I
mean, that's a pretty ballsy statement. He said you wouldn't even be able
to pick him well, and youdon't sound so sure. To be honest
with you, you don't well.I think I've been deceived in more than

(01:04:27):
one way. And I don't.You've probably been deceived. I don't know
by who, but you probably havebeen. The thing is, did his
employee take the money while he's outof town and poses him to get money
that's not unheard of. Or didthis guy subcontracted or have an employee do
it and then once the money's gone, they he plays stupid. I don't

(01:04:49):
know. Yeah, I don't either. I don't know how cad Okay,
what you have to do is getan eyeball on him and see if you've
at him before and he's the guy, if he's the guy you met,
then we need to you need totake in the small claims court. No,
no, no, that's eighteen grand. You're not going to go to

(01:05:10):
small We need to pursue the Contractor'sTrust Act. But you're not going to
do it if this guy just deniesever meeting you. So somehow we need
to find a picture of this guy, and we need to figure out if
you know him or not. Somebodygo on Facebook, start looking on the
internet. Man, Joe Perkowitz.And that's not Italian, just for the

(01:05:31):
record, but well appreciate that.I mean, I mean it's not no
Italian. I know that's named Perkowitz. But what I would do well,
I'm I'm probably wrong, but Imean the guy that I met was the
guy that presented himself as Joel.When they came here and I had handed

(01:05:54):
a down payment of five grand twoin cash, he took it. And
I have a new shill on hiscontract here, uh that they took a
down payment and then the further thesecond down payment was taken by his contractor
Scott or Vincent. I don't knowwhich one. Well guess what on on

(01:06:14):
on the Better Business Bureau, he'sgot an A plus and a five point
five and five reading. But youknow you'll see my comment in there too,
because I went to you know why, because the Better Business bro They
are a bunch of dinosaurs too.I mean, they don't know good from
bad. They're the biggest joke.I swear to god. I can't believe
they're still in business, ripping companiesoff with membership fees. I just can't

(01:06:38):
believe it. I'm trying to findsomething online. Go on Facebook and search
for this guy, man, Imean, are YouTube morons. YouTube morons,
do some searching and okay, callus back, man, Go on
Facebook, go anywhere. Let's tryto find this guy. I mean,

(01:06:59):
he is saying you never met him. I'm wondering why though he didn't send
me a photo. That's the partthat bothers me. He wouldn't send us
one three oh three seven one threeeight two five five. We got another
follow up here with Milton, butman, I got to take a break.
I'm running behind time. People arepissed off at me. But bottom
line, we want to fight foryou. Eight eight eight. Heating dot

(01:07:20):
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(01:08:02):
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(01:08:44):
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(01:09:10):
consult you on your retirement. Theyounger the better. They help you build
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(01:09:30):
obligation whatsoever, until you're fully satisfiedwith what they do and how they save
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three thirty two eleven nine seven zerosix six three thirty two eleven rpcenter dot
Com. Hi, Tom Martinez herethree oh three seven one three Tom threer

(01:09:56):
oh three seven one three eight twofive five. So Milton called with an
arm problem, trying to find theoriginal call. Deputy Chopper took care of
it. And what was the originalissue here, Let's just remind me and
I'll find the call while I'm talkingto you, guys. Go ahead,
it's on May twenty third. Hebought up got it? Oh, I
found it okay US Class C motorHome JCO Redhawk. I remember this and

(01:10:19):
the dealer was in Texarkana. NinetyGranny paid for this and waited for the
power converter to be fixed, right, and so what's the big deal?
Now? What was that all about? Did they fix it or not?
Not? Really, Tom, Iget to the gong show. I can't
do anything with this. He's goingto tell you about it. It's full

(01:10:41):
of rust. This is one ofthose they're pointing fingers at each other and
no one's willing to have it.Wait a minute, I didn't hear about
the rust hold on? So oh, I remember the faulty ground wires because
it was rusted on the frame.And he thinks it's been in a flood,
correct, But the dealer thinks itgot sought on it or something when
they drove it down here. Okay, so are you there melting? Hey?

(01:11:08):
Time? Am I own you arenow? Sir? Yes? Okay,
yeah, No, I don't thinkit was in a flood. I
think it ran through Madclaw Ride orsalt for road salt. In fact,
I even checked the weather. Thisthing was delivered on December nineteenth of twenty

(01:11:28):
two. Yeah, but what's wrongwith that? Then there's nothing wrong with
it if it ran through outside elements. Well, I mean that's not their
fault, right, no, no, no, no, but but but
what happened. I checked the weatherfrom the factory down to Texas can and
it was snowing almost a whole route. Okay, they had light snow that
whole that whole day, and andthe weekend before that, because they probably

(01:11:50):
picked it up on Friday and droveit down over the weekend because it was
delivered on Monday. But if theyran through Madclaw Ride or road salt and
all the stuff got coded underneath it, and then it was parked for over
a year and it never got washedoff. There's enough humidity in Texas Cana

(01:12:10):
the rest this thing just like itis. That's what I think happened.
I wasn't there, I didn't seeit. I can't prove it, but
I think if I took a sampleof that white stuff that's on there right
now and brought it to a chemist, he can probably verify that's what it
is. Well, I don't thinkthey're doubting it, right Jopp. Or
they're not doubting it drove through weather, that's what they're saying. The problem

(01:12:32):
is no one knows how to fixit or wants to fix it. Well,
Jaco is the manufacturer. I boughta brand new unit. I went
to Texas, Cana to get adeal because the twenty fours had been out
for months and they were discounting thetwenty threes. That's why did you buy
it direct from Jacob No? Ibought it from the deal a greg R

(01:12:58):
Marine an RV in Texa, Caana. Greg R. I felt confident in
doing that because it's a brand newunit with the Jacob No. I get
what you're saying. It's brand new, but it had been exposed to the
elements. It's really no different thana brand new car. They take and
move around the lot and it sitsthere. And if it was, it

(01:13:23):
depends on how bad this rust is. I mean, is the frame rotting
for God's sakes? Or is itjust surface rust? Oh no, no,
it's the drive chef is pitted.They're spots in the frame that are
pitted. All the springs are rusty, the power unit, the hydraulic,
the electric motor, and the hydraulicpump for the for the leveling jacks.

(01:13:46):
This thing looks like it's been sittingoutdoors, you know, for years.
I mean, like I said,on the top side, it's beautiful,
but underneath this thing, it lookslike a car has been sitting in the
junkyard for five or ten years.I mean the report that I sent to
you guys, that was done byanother RV shop. The guy stated that

(01:14:14):
it didn't look like it had lessthan two thousand miles. It looked like
a used vehicle a little over onehand thousand miles, and it's his opinion
that should have never been sold asnew. Well, listen, man,
if it drove through one storm ondelivery, it's hard. Why would somebody
say it looks like it's one hundredthousand miles because that's the way it looks.

(01:14:39):
I think I sent you some pictures. Yeah, but they didn't show
much. I mean they really youcan't see how what would it take to
sand it or to be blasted andto recode it? Okay, and I've
got one estimate right now. II sent the gentleman pictures. I've used

(01:15:00):
him before. I think he doesreally good work. Empire truck. He's
up in Commerce City. Well tellme what will it cost? He didn't
actually see the vehicle yet, butthen what did what would have cost?
You know? Okay? He sentme an estimate for fifty two hundred dollars
sit unseen and he's going to haveto wash it first to get the all

(01:15:21):
the salt office. Well, sure, they have to put it up.
They have to put it up ona lift, They have to powerwash it,
and then they have to probably beblast some of it and then recode
it. Yes, and he saysdepending on the break lines. Break lines
are really rusty. He says,they may have to be replaced. It
demands on how deep the rust isthan those. The drought shaft's going to

(01:15:45):
have to be pulled and rebalanced becausethis pit is so bad. I'm not
sure are you there? Are yousure they're not just exaggerating that? How
can this possibly happen from simply drivingaround? That's what motor homes do?
No? But Tom, what?Yeah? I mean you can go drive
motor I'm driven rbs through the snowfor since I've lived up here in nineteen

(01:16:09):
eighty nine, I've never had thisproblem because eventually you run through some water
that's going to wash it off.It doesn't get parked with this, you're
saying, the problem is is thatthey drove it and parked it for a
year. Yes, they never cleanedthe bottom of it and it never got
on the road. With any kindof water on it to wash your stuff

(01:16:30):
off. All right, Hold ona second, we'll be right back.
Hold on, Yeah, what doI do? Tell me what I do?
Shannon? What should I do?Okay? Joela's EARRA is a criminal

(01:16:56):
defense attorney, and I hope thatyou really never need them. But you
know what, here's the point.When people are accused of a crime,
it doesn't mean they're guilty. Sometimesthere are extenuating circumstances. Sometimes they're just
you know, I don't know itdid. There's there's things all the time,
falsely accused, maybe stupid mistakes,whatever it is. I'm not going

(01:17:16):
to sit in judgment. What Iam going to tell you is you should
never look for a defense attorney whenyou're under pressure. I've done the shopping
for you. I know Joe Lazaraand he is a really good guy with
a good work ethic and will defendyou tenaciously. Three oh three four two
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(01:17:41):
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take care of all the measurements andsuggestions on where to put what. They
try to hit your budget. Whenyou finally come up with what you want,

(01:18:03):
then they order and install and standbehind it. All that's made in
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(01:18:28):
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(01:18:56):
Tom Martino here three oh three sevento one three talk seven one three eight
two five five. Randy has acomment on Milton's RV that had all that
rust and everything. What's your comment, Milton, I mean rober Randy,
what is your comment? Well,I would guess that's probably on a Ford
cap chassis. I would think Fordor the manufacturer if that's that's what's rusting.

(01:19:17):
You got to go back on themfor Warney because they undercode it and
guarantee against RUSS for a period oftime. Now it's the coach body then
that would be Jacob. That's agood point you're bringing Milton. What kind
of frame? What kind of adrive train is it on? Yes,
it's on a Ford and it isa twenty three. What does Ford say

(01:19:42):
about it? Like, well,I haven't brought it to Ford. And
you know what, that's a goodRandy's got a good idea. Okay,
Actually drag out your warning Manuel andsee what it does on warny for people
our hires are Are there rb peoplethat are hired to come out here and

(01:20:03):
look at it? They are aFord dealer and but you okay, well
you ought to talk to Ford ifthey I don't know if they have a
warranty on rust and on the undercoadingand all that, but you ought to
check it out. That's one thingto try. I'm Tom Martino. We
have more coming up on the TroubleshooterShow three oh three seven one three Talks
seven one three eight two five five. Get your calls in. Yeah,

(01:20:32):
Ripped up News didn't need advice,so you don't have the You'll come running
just as fast as we can.Shooter's gonna help come man. This is
the Troubleshooter Show. No Tom Martine, Hi Tom Martino here three oh three

(01:20:57):
East seven to one three talk threethree he's seven one three eight two five
five. We've had a lot goingon here, ladies and germs and UH
here to help you any way wecan do it. So let's go to
the phones and uh and see whatwe can do. Three oh three seven
one three talk three oh three sevenone three eight two five five. I

(01:21:18):
have Dan mackenzie with me today formackenzie Law Firm. We're talking about McKenzie
Law and we're talking about estate planningas well as other stuff and some of
the notable calls today. We've hada lot going on, and really we've
had some famous family uh from Rocky'sAuto's grandson called in about their estate there

(01:21:43):
with the granddad founders of Rockies deceasednow. And what happens when you have
a prenup that seems to conflict witha will? Does we will take precedent
over everything? Dan McKenzie, isthat's a fair question. A prenup and
a will, how do they jiveornachive? Well, the prenup is just
an agreement between us, between twospouses, so it's not really a statement

(01:22:06):
of your testamentary intent. It's justsaying we agree, we don't have to
include each other. So if yousaid in a prenup that while my wife
might be entitled to fifty percent bystatute, she agrees to take ten percent,
can you actually say that? Cana wife can disinherit herself? Can

(01:22:27):
she agree? Okay? Yeah,okay, yeah, okay. This is
very common where people have separate kidsand they come and come to the marriage
with their own assets, So theycan say, in this prenup, you
agree to take ten percent or nothingof my estate. You can actually okay?
And then you can say, myintent is to leave everything to my

(01:22:50):
two sons. If you say thatbut don't do it in a will,
does that pre nup? Does thathold any weight? Hold? Wait for
the ten percent for the wife,right? But it doesn't hold? Will
it doesn't hold? Or do youtell me what would happen if all there
was was a prenup? Yeah?I mean a will has very specific requirements.

(01:23:12):
You know, it's got to say, it's got to show that it's
reflecting the person's testamentary intent. It'sgot to be witnessed or notarized, preferably
both. It's got to be signed. I mean, it's it's got all
these requirements that a prenup usually doesn'tmeet all those So usually the prenup is
more of a contract, right,So it's not usually, and a will
is not a contract. No.I often wondered, why do wills even

(01:23:35):
have to be followed? Is therea law that says the will you know,
when a person's dead, they're dead, right, but their will actually
it it survives them. Yeah,it is an interesting question. Should decease
people be able to direct where assetsgo? And? Uh? And they
can't? Yeah, because yeah,Now we talked about the date of death

(01:24:00):
valuation. Right, when you havea piece of property of real estate,
the day that that person dies,you basically have a freeze date where that
is valued. So if they boughtit for fifty grand the day they die,
it's worth two hundred, then yousell it for two hundred. You're
not going to have to go backto fifty grand and calculate capital gains,

(01:24:24):
right right, Okay, but there'san alternate date you can use. Why
is that for volet more volatile assets? I mean like if you've got a
stock portfolio, this person passed away, they have a stock portfolio, and
then you know, shortly after theypass away, there's a terrible stock market
day and it loses ten percent?Like, should the beneficiaries receive it?

(01:24:46):
Should the a state be taxed atthat higher rate? When it's like this
happened two months later? We youknow, suddenly this event happened the stock
market, those thing's worth ten percentless. So the IRS gives you two
dates to choose from, and thePR personal representative gets to choose. So
you can choose the date of deathvaluation or nine months later? Six months?
Oh, six months later? Andis it exactly six months? Yes?

(01:25:12):
Okay, you're not going to getto what if you're waiting for the
six months and things don't change theway you wanted him to. Can you
go back to the date of death? Yeah? I mean you wait the
six months and then you get tochoose between the two. Okay, yeah,
okay, have you had people thenchanged to the six months? What
if the if the house goes upin value during that six months, then
you can, you can take thehigher value. Yeah, no, that

(01:25:35):
the rule is that it has tohave dropped in value, and it has
to be done because the estate isgoing to play a lower estate tax.
You know, we're not doing thisto be like vindictive and stick people with
you know, lower capital you know, lower capital gains basis. For example,
like the personal representative cannot do thisand then say, haha, you
know I never liked you, brother, so I'm going to give you the

(01:25:57):
lower capital gains basis. It hasto benefit to the estate. So there's
some very specific It's okay, ithas to benefit the estate. Yeah,
and uh again three zero three sevento one three talks seven one three eight
two five five. We can talkabout anything, not just the states.
But I do want to ask thisis there and we've we talked about it

(01:26:20):
before. I don't want to reallyexhaust this topic. But even recently,
while I was looking into, uh, the law specifically because I was taking
a test. I won't get intothat, but the law was saying,
you know, this is this triggersgift tax. This doesn't create trigger gift

(01:26:41):
tax. For example, a fiveto twenty nine college plan. If you
start a five twenty nine college penfor your kids. That's tax deferred savings,
non deductible contribution. But there's nolimit to the contribution you can donate
for your kids college, right yeah, I would have to look that at
that and as long as that useit for college. Yeah, there's no

(01:27:01):
tax on the earnings. Correct.Now, here's what I want to know.
They said, is it exempt fromgift tax? Exempt? Does it
at? Does it count against yourgift tax exemption? Do you remember or
not? I don't I did youjust say that your understanding is that there's
no cap and what you can putin there? Because I thought there was

(01:27:25):
or was? It's such a highhigh cap. It's such a big cap.
I could research that. Yeah,well, well we could probably do
it in a minute here. Butin any case, what is exempt from
gift tax? Now, obviously whenwe talk about gift tax people, let's
let's let's clarify this. Everyone hasan exemption up to a certain amount before

(01:27:46):
you pay gift tax. And thatis a big high exemption right now,
it's up to like, what's sixteenmillion over thirteen million, over thirty So
if you and your wife have ana state of twenty million dollars you can
literally give every dime away and notpay a tax on it. Right now,
if you go over your exemption,then you start paying tax. But

(01:28:10):
they it even goes one step furtherthan that. There are some things that
are exempt, which means they don'tcount against your limit. So if you
want to preserve that thirteen million dollarexemption, then you give away things under
a certain amount and they don't goagainst it. Yeah, okay, And

(01:28:32):
a lot of people confuse that thinkingif they go over that minimum amount they
are taxed on it. They arenot taxed on it. It simply goes
against your exemption. So you mayhave a thirteen million dollar exemption, and
let's say you give away a tonof stuff and at the time of your
death, you only have an eightmillion dollar exemption. And most people aren't

(01:28:55):
going to be touched by this.But I bring it up for a reason
because people go through extreme hardships sometimesto try to give stuff to their kids,
thinking they have to do it thatway to avoid gift tax. Do
you often explain to people you don'thave to worry about it. Yeah.
I mean, if I have fivemillion dollars and I give my kid three
million of it, right way overwhat I'm allowed to give them. I

(01:29:17):
just have to report that three millionof the irs. They're going to look
at what I have when I passaway, and they're going to see,
oh, he had well below theestate taxes. So do they keep track
of your gifts above fourteen thousand yearsor sixteen thousand years? Yes, because
you're supposed to report those in agift tax return. And if you don't,
is there a penalty? Yeah,I mean it could cause big problems
down the road. You can't holdthe irs? Is pretty good it actually,

(01:29:40):
even if you don't go above yourexemption. No ill, oh yeah,
yes, yeah, I mean therecould be. Yes, they might
look at gifts and so if yougive away twenty rand, sixteen of it
is exempt, and then you haveto count four of it against your lifetime
exemption. Correct, correct, Butthis is per person. So like if

(01:30:04):
my wife and I want to givewe have four kids, we can give
each of them the thirty two thousandbucks and give away one hundred and twenty
eight thousand bucks if you wanted towithout filing a gift tax return. If
we give it to each of them, and all that happens when you file
a gift tax return is you don'tpay tax, it just goes against your
exemption. It will count against yourexemption when you pass away, and somewhere

(01:30:26):
somehow the IRS is keeping track ofthis. Yeah, so they'll know if
literally they keep track of it.So if you file a gift tax return
on your Social Security number and itsays you gave away X amount of dollars,
they have a calculator in the skythat tells you how much you have
left I mean eventually, So yeah, I guess if you have to file
it then state tax return eventually,Yeah, they're going to add that amount

(01:30:50):
to okay, state, Matt,you have a question on an RV.
Go ahead, Matt, what's goingon? Yes, sir, I'm just
wondering if you all had any companiesin the Denver metro area that you knew
of. Did hail damage repair ona camping trailer an RB that that no
any any dentless paint repair can dothat? Are you looking for paintless dent

(01:31:15):
repair or repairing dents in general?They won't do paintless dent on a trailer
because of it being the aluminum sighting. Wait a minute, oh oh,
wait, when you say a traileryou mean like when you live in No,
no, no, sir, likea look on RB a camping trailer,
a thirty two foot okay, okay, no, I get so,

(01:31:38):
like a camper trailer with aluminum exteriorskin. They won't do paintless dent repair
on that. No, okay,replace the panels. I understand that.
Okay, they're saying to get behindit and do all that. It's cheaper
to replace him exactly. Okay,So what is your question? Do we

(01:32:01):
know people that reside campers? Yeah, or that do the you know,
to the reskin of them or yes, I do know people that rescin them
and well you can go. Ibelieve that Lazy Days does all of that.
Okay, Lazy Days RV. Haveyou heard of lazydays dot com?

(01:32:26):
I have? So is it anyof them or just the main Well?
No, no, they have tohave the service facility, and I believe
there's one. I believe. Iwant you to start here and if not,
let me know. But I thinkit's up at well, I know
where it is. It's exit twoforty and I twenty five. I have
the number. And they used tobe Sentry RV and they merged with they

(01:32:47):
merged with Lazy Days, good people, and they're up at I twenty five
and exit two forty. That's northof the city on Frontage Road. There
they have a big beautiful maintenance ofcity and I believe they do buy work
and stuff. And here's what youcan do. You can call them and
see it's three oh three four fivethree one one one one. I believe

(01:33:11):
I'm looking here to see what theysay here. Uh, okay, they
do chassis repair, they do interiorremodeling, upholstery services, collision repair,
dent repair, paint repair, roofrepair. Yep. Now I don't know
if they do that all at thatone, but that's what their service facilities
do. They could direct me inthe right direction then, I'm sure they

(01:33:34):
can. And and truly these people, man, they're like the biggest game
in town. They're all over thecountry Lazy Days. So call up to
that north location three oh three fourfive three one one one one, ask
them up there. Uh and uhyeah. And then as I said,
if they don't actually do it there, they'll either have a sub they do

(01:33:55):
it with, or they'll send youto one of their other locations. And
that's lazy Teresa what's going on withyou? Teresa? Welcome, Hi Tom,
thanks for taking my fall? What'shappening? Can you hear me?
Okay? I sure? Ken yep, I can hear you? Great?

(01:34:15):
Okay, okay, great? Well, yesterday I received a letter. I
have a condo in Parker and currentlyI am renting that, and yesterday I
received a letter saying that the uhuh every owner is being sent five thousand

(01:34:44):
dollars special assessment bill due to UHthe homeowners association has depleted reserves. And
are that's happening to Teresa? Letme let me give it. Let me
give you a simple explanation. Inevery homeowner in every HOA, in every

(01:35:12):
single one of them, or condoassociation, in every single one of them,
what there is is a normal monthlypayment. People make their fees,
their dues and all of that,and in every single one of the agreements
it says if you ever fall short, then you can assess owners now.
People fall short sometimes just normal maintenanceand repairs. Sometimes people fall short because

(01:35:34):
they're paving a parking lot, andother times they fall short because they have
a giant deductible on their roof damageand the insurance company will fix it,
but you have to pay the deductible. So in all of those cases they
go into their reserves and if theyexhaust their reserves or if the reserves get

(01:35:55):
too low, they have the rightto assess owners. And that's what's happening
to you now. There are waysdepending on what the assessment is for,
there are some coverages for that.But hold on, I have to take
this break. We'll talk about it. It's a very important topic. It's
affecting a lot of people right now. No matter what, you want to

(01:36:20):
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event from my moneymway dot com.That's Joe Cianno, certified financial planner and

(01:37:06):
his team will be there to impartinformation on saving for retirement, on Medicare,
on on also social security in general, on insurance, on equity in
your home, on reverse loans,everything financial for an aging person. And

(01:37:27):
what you really need to do isreserve seat three oh three seven seven nine
sixty six hundred. That's seven seventynine sixty six hundred. Hi, Tom
Martine here, three oh three sevenone three talk seven one three eight two

(01:37:47):
five five. Let's talk Teresa theHOA. So here's the thing what I
want to tell you about is assessmentsare how happening all over It's a really
bad time to own condos and townhomes. And I'll tell you why insurance
companies are pulling out they're not coveringor the uh they're demanding extremely high deductibles,

(01:38:15):
or they have deferred maintenance these placesbecause they're coming up now. They
were all starting to be built aroundthe eighties and now they're they're all coming
up on extreme maintenance. But Teresa, depends what was your you? You
I imagine you have insurance, butyou can get loss assessment coverage, but

(01:38:39):
only if it's an ensurable event.So and only to a certain amount.
What are they assessing you five grandfor? Uh? Let me see,
basically, Uh, there was anextensive roof placement. Yeah, now was

(01:38:59):
it? It's done by insurance becauseof a storm that I'm not sure they
said, also other significant maintenance.Oh never mind. Okay, okay,
but yes, there was some winterstorms and they had damage to several buildings.

(01:39:24):
Well, here's why I'm saying this. You're not going to get the
maintenance covered. You're not going toget roof replacement coverage. But if you
have the right insurance on your condo, you can be covered for certain lost
damage assessments. And lost damage assessmentsare shortfalls where homeowners are assessed, but

(01:39:53):
it's only for insurable events. Soif it's covered by insurance and there's a
deductible, this lost damage assessment coveragewill kick in. And some you can
buy it now up to I thinktwenty five grand, but you pay for
it, and some people have itfor five grand or ten grand. Some

(01:40:14):
people don't have it at all.So do you have lost damage assessment coverage?
That I'm not sure of. Iwill have to look at what kind
of policy do you have. Doyou have policies if you were living there,
or a landlord's policy. A landlord'spolicy. Okay, you could have
lost damage assessment. You would lookat your declarations page and it would tell

(01:40:39):
you who is your what underwriter?Do you have what insurance underwriter? I
have a Colorado Farm Bureau. Yeah, that's hard to say. That's hard
to say anyway. But it'll onlycover the part if you do have lost

(01:41:00):
damage coverage. It'll only cover thepart of that assessment that's insurance related.
Okay, that's all. It won'tcover just deferred maintenance. Like if you
move into a We've had many peoplemove into a complex and they have to
redo the parking lot and they're assessingevery homeowner eight grand for example. Well,

(01:41:20):
that eight grand will not be coveredby lost damage assessment because it's not
a damage, it's a maintenance.There's a difference between maintenance and damages.
Damages are from Damages are from stormsand events a car runs into the place
or whatever, but it's not dueto deferred maintenance. Okay, got it.

(01:41:45):
So check your policy to see ifyou have it and then see which
part of that five grand is goingto cover is because of insurance, Teresa,
I'm going to tell you something fivegrand is right nowadays is cheap.
There are people being assessed twenty thousanddollars. Oh gosh, yeah, twenty

(01:42:06):
thousand dollars. So is this thefirst time you ever paid an assessment?
Yes, it is. You're lucky. Yes. And that leads into my
second question, is you know,can this happen again and again and again

(01:42:28):
and again. Yes, there's nolimit. There is no limit the whole
lot. There kind of is alimit. In other words, the HOA
board they vote for stuff, youknow, so there has to be like
they can't like hire their brother inlaw who is going to give them a
kickback, and then just charge homeowners. So yeah, there is a limit.

(01:42:50):
But if it's an honest to godexpense, they can pretty much bill
everyone absolutely even sometimes like this issomething that a lot of people get confused
about. Let's say you have separatebuildings and all of the repairs have to
be done on one building that isstill aggregated to all the owners. Okay,

(01:43:16):
so you can call us back ifyou want. When you look at
your coverage to get an idea ofwhat's covered and what's not three oh three
seven to one three talks seven onethree eight two five five Deborah, what
is this going on with Verizon?Well, we're on a family plan,
my sister, Gina Montano, andthey've been on it for about twenty three

(01:43:41):
years. I had my own before. I'm a veteran trying to re establish
my career and stuff so I canbuy a home on my VA and she
called and set it up at oneof their course, one of their So
Sawait, you've had this family planfor many, many, many years.
Yes, my mom and sister have, Yes, and then I've been on

(01:44:01):
it. Okay, hold on andwe'll come right back to you. Okay.
I want to help a veteran outif I can, So we got
more coming right up. I'm TomMartine. John Fuller is a personal injury
attorney that I like the way hedoes business this way or his practice,
and I love it. He'll talkto you free of charge anytime you're injured,
anytime you have an accident and youneed help or a friend or a

(01:44:24):
loved one and you need information,He'll impart all kinds of information first and
foremost, when you call, you'renot shuttled off to a call center or
an intake committee. You talk toJohn, and when you talk to him
you can ask your questions. Ifyou decide to hire him after a free
consultation, it's on a percentage feebasis, and you still have no out

(01:44:44):
of pocket expenses. That's John FullerFuller Law, my accident lawyer dot c
oh. He has pledged to takeonly the number of cases that he can
work personally. Now he has asupport staff, of course, but he
will handle you case. So callhim from the beginning. Three oh three
five nine seven forty five hundred myaccident lawyer dot co Hi. Tom Martino

(01:45:15):
here three oh three seven one threetalk three oh three seven one three eight
two five five. Okay, Deborah, So you've been on a Verizon family
plan for many years. Continue withyour story, Dear, what's happening?
Well? My sister called in tomake sure that when I was up here
for medical and Department of Vocational Rehaband to see an attorney, that I

(01:45:40):
could go to Verizon. And shecalled made sure that they would take care
of seeing what the problem is.And Keith, the manager, I'm not
trying to be rude, but hewas very rude and condescending talking. Now
hold on now, wait, wereyou having trouble with your phone? Yes,
i am, And he was verycondescending to you. Why oh,

(01:46:03):
because he said, your sister's nothere. I can't verify who she is.
She already did what she needed toso that when on the phone,
you know, because she works fromhome, she is have medical issues.
She did what she needed to do. We've gone to other horizons in Westminster,

(01:46:27):
Bloomfield, several others. We've neverhad this problem. And he said,
so, what would you like usto do, Deborah? I want
to get you some help here.So your phone is acting up. This
guy was rude. He couldn't verify. You couldn't get your sister on the
phone to talk to him. Allthey usually need is some kind of verbal
patty, go ahead and talk.She did talk to him, but he

(01:46:47):
wasn't going to listen to anything.She said, what like to verify?
All they normally need is a numberand a password or something like a verbal
password. Exactly exactly, Okay,which store was this? It's the one
that's in Johntown. It's forty sevenninety one. Did you say anything to

(01:47:12):
him? Yeah? I told him. I said that we've never had a
problem with this before. We havenever had a problem with this before.
And my phone number. I payfor my phone and it's on there.
And he said, we can't verifywho your sister is. But she already
did all of that and she wason the phone. Okay, So what

(01:47:36):
would you like us to do?Seriously? I mean, I wouldn't mind
calling up there? Go ahead,hen, And I told him I was
going to call the corporate office becausewe've never had any problems before ever.
No, right now, you didn'tget your phone issues fixed? No,
No, he wouldn't even he wouldn'teven give you because he said he can't

(01:48:00):
verify anything. Yes, and youguys, how many are on this family
plan? My mom she's in foreighty nine, my sister she works from
home, my brother Marco, whois a truck driver, and myself.
Wow, I can't believe they're givingyou such a hard time. I mean,

(01:48:25):
so, is there another store youcan go to? Yeah, but
I'm going to have to I don'tYes, there is, I'm probably I
don't know. My sister may haveto go with me. I don't know.
Why do you think let me askyou something? Now? That's bull.
You don't have to do that.There are plenty of times when my
kids go to a store or mywife and I'm the I'm primary on the

(01:48:47):
account, they can still get access. I just give them they I think
I have a verbal with AT andT. There's some kind of verbal password.
Yeah, exactly, exactly. Anddo you know what? I want
somebody to call up there and askhim. Seriously. I want them to
call that store specifically and talk tothe manager say, look, man,

(01:49:08):
we got to report you were rude. All we want to know is how
does this woman? Did he tellyou what you needed to do? Or
did he just say I can't helpyou? He said, I'm not going
to do anything because I can't verifyyou're not on the account your name?
Okay? And did you say anddid you ask what do we need to
do? Yes? Because well mysister did too because she was on the

(01:49:29):
phone, right. And what didhe say? He said, I'm not
allowed to authorize you over the phone. And here's the thing, Tom,
All he had to do was lookin my phone and all the information is
right there of who I am andwho she is. And she was on
the phone. Yeah. Was thisan old guy, a young guy or

(01:49:53):
what. I'm just curious what kindof I don't know. I wouldn't guess
his age. He never used towork at Verizon. Very rude and condescending.
And the male chauveness. Okay,hold on, who wants to take
on this male chauveness pig? Whodo we have in the studio? Kachina
Chopper, the popper, and wehave Deputy Dollar. I'll do it.

(01:50:16):
Tom Chopper says, yes, yeah, Chopper. This is a veteran here,
Deborah. She all she wants isto get her damn phone fixed.
Hey, what do you think iswrong with your phone? Deborah? What's
what are the symptoms? I'm curious. Well, I don't I can't get
incoming calls. I can't call sometimesit's supposed to have four G or five
Are you are you ready to getan are you ready for an upgrade?

(01:50:40):
Do you know on the account?Can you get a new phone with I'm
working with the Apartment of Vocational Rehabthere because of my disabilities in the military.
They're authorizing and we're waiting for anauthorization for a new computer so I
can go online to do applications,apply for job, and they're wanting to
hit me and iPhone a new Iphone. Excellent. We want to help

(01:51:05):
you too, So hang on allright, We're gonna get somebody to talk
to you. I'm Tom Martino threeoh three seven to one three talks seven
one three eight two five five.Genesis Total Exteriors will take care of the
outside of your house everything from theroof down to the deck and all of
the painting, windows, doors,siding, stucco. That's Genesis. Tootalexteriors
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(01:51:29):
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(01:51:53):
It twenty four to seven takes thetime to go through and helps increase your
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(01:52:17):
use it. I'm telling you,I have the QC Whole House fan.
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And here's what happens. When youleave that on a low speed, your

(01:52:38):
house remains cool and comfortable and yourair conditioner works. I maybe I'll tell
you my air condition works maybe twentyto thirty percent of the time. It
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(01:52:59):
I love this company. You willdo three oh three, eight hundred thirty
four nineteen. Three oh three eighthundred thirty four nineteen Hey Tom Martine,
you're troubleshooter and I'm with Dan McKenzieMcKenzie law. We're talking about a state

(01:53:23):
planning in between everything else. Now, here's something I want to know and
it's something I thought I learned,but I'm not sure. Some people buy
life insurance. Is that part ofa gift? Is that part of your
Does that go against your exemption?Like when you have life insurance and the
proceeds go to a beneficiary, howdoes that work? It is part of
the exemption unless you do something soit counts against your exemption. Yeah,

(01:53:46):
okay, not that it matters.Like I said, most people are never
going to get to that exemption.But the point is, can you Is
there a way to do it outsideof that? Yeah? So you might
have heard of your vocal life insurancetrust. That is an you're a vocal
trust you set up. It isthe owner of the policy, not you.
So you buy that, but youpay for it. You're paying.
You give the trustee the money topay the premium every year. But if

(01:54:10):
that's a gift, potentially, butit's usually under the amount and so then
so then can you use a lifeinsurance trust for a number of reasons?
Can you use a life insurance trustto pay a state taxes? If you
ever had any Yes, yep,and again a state tax. Do you
ever think there'll be a point wherethere really will be a state tax on
everything? Doesn't it decline every yearthat the exemption? No, because up

(01:54:33):
every year. Oh, I thoughtit's going up by the cost of living
which is why it's such a weirdamount now, So it's like thirteen point
four million. But then isn't Butisn't it on a schedule? Like doesn't
it? Didn't it expire one yearwhere it was zero? Yeah? I
did, and they said that wasa hell of time to die. Yep.
What year do you recall? Thatis twenty ten? So everything left

(01:54:55):
in your estate was taxed? No, nothing was taxed. George Steinbrenner gave
away the Yankees with no estate taxbecause he died that year. Oh,
that was the year when there wasno there was no there was there was
no limits, like, yeah itwas, there was yeh exemption. But
isn't there just the opposite to whereit's a zero exemption? I thought?
I thought it went both up anddown. I mean, the lowest I'm

(01:55:17):
aware of it having been anytime recentlyit is about six hundred thousand. Back
at the beginning of the two thousands. But do you think it'll be here?
Do you think a certain amount ofexemption will be here for good for
regular people? Yeah? Yeah,yeah, yes, yeah. I mean
it transcends parties kind of, doesn'tit. I mean because people. I
mean, if you pay taxes oneverything all your life, for God's sakes,

(01:55:40):
you want to be able to leaveit to your kids or to your
loved ones without paying tax on it. Yeah, and and and by the
way, what is a state tax? Okay, let's just say, let's
dream a little and somebody has morethan the exempted amount for the amount above?
Is it a big percentage? Whatis it? What that's high?
Then you might have some state likeyou know some states. So are you

(01:56:02):
telling me a guy like Jeff Bezosor somebody seriously, they could end up
potentially are you kidding? Paying billionsthat could happen or millions? There must
be ways around it. What areYes, there's charitable donations, there's the
gifting, there's the area what abouttrust to trust? But you know when
you if you move assets into aneurovocal trust, again, you file a

(01:56:25):
gift tax returned when you do that, because you're giving away. So there
to a certain extent, then thereis no way to pass on a certain
amount of generational wealth without giving thegovernment forty percent. There truly isn't a
way. I mean, in otherwords, wouldn't it be virtually impossible for
a billionaire to do that without anytax to the government depending on their charitable

(01:56:47):
their charitable intentions, they could dealwith charitable donations. Okay, yeah,
but still it doesn't benefit their errorsnecessarily. Right, all right, we
have more coming up. Get yourcalls in problems, questions or complaints three
all three seven one three talk sevenone three eight two five five, and
then we're gonna find out what Verizonwhy the guy was an idiot to our

(01:57:08):
veteran coming up? Yeah, rippedup had news. You need advice,
so you don't have the come runningjust as fast as we can show Shooter's

(01:57:29):
gonna help. Come man, Thisis the Troubleshooter Show. No Tom Martine.
Hey, I'm Tom Martino. Welcometo the show. The only show
is kind of anywhere in the universewhere we're solving problems, answering questions,
taking complaints, making life just alittle easier. You know what I decided
to do. I decided to unleashmy Google Voice number. Maybe I shouldn't

(01:57:54):
do that. I was gonna.I'm gonna give it out, and I'll
tell you why. Because I canget text at this number. I think,
yeah, I can get texts.So if you want to send me
a text while I'm on the air, of course, you YouTube morons.
You can send me a text ifyou if you, if you want to,
as well as your message is thereif you have a problem, question

(01:58:15):
or complain, anybody that wants totext me at this number. And again,
you can text me at this number. You're ready for it. It's
it's a cool number. It's myexclusive voice number that I use for my
calls on the air here already.Seven four seven nine fifty two eighty.

(01:58:42):
Isn't that a cool number? Doyou know why I picked it? I
don't know why. I sound Youcan pick any number you want with Google,
you know, but most of ityou used to be able to.
So I picked seven four to sevenbecause I like airplanes seven forty seven,
and then nine nine nine. Ijust picked it because it was just easy
to remember. Nine nine nine,and then fifty two eighty. Of course
is the mile high city. Sevenfour seven nine nine fifty two eighty.

(01:59:05):
You can text me. Whoever givesme a first text message will get one
hundred thousand. Never mind nothing.I'm just kidding. You're not gonna get
anything. Uh three oh three sevenone three talk three oh three seven one
three eight two five five. Ihope I don't get endless text forever now,

(01:59:27):
But seriously, you can text me, and I'll and actually, when
you text me, I will.Okay, all funny. Hey, I
didn't know you can. Ah.I got a dirty picture. That's pretty
awful, isn't it. I justsend that to me, Shannon. Anyway,
I want to see if you getpictures. I didn't know I can
get pictures now. I'm really gonnahave to. Oh no, I'm gonna

(01:59:50):
I open myself up to crap here, holy crap. Anyway, that we
got a picture of Kelly stuffing herface. Yeah, he sent me a
picture of you, oh, Shannon. Yeah. By the way, you
can also text the show at fiveseven nine. Okay, somebody just texted

(02:00:13):
me. What do I win?Oh? Yeah, you can of course
text us at the regular text number. That's kind of boring. But somebody
said first, No, you're notthe first. You were the second.
Oh damn it. I'm just gettingtheir number but not their names, so
I don't know who they are.Do me a favor and identify yourself.
And if you have any questions,give me a just give me a question

(02:00:34):
anything. We got Dan McKenzie herefor questions if you want. Now,
let's talk to Kevin on a series. No, Kevin, what's happening?
Go ahead, Kevin? Hi,how you doing? What's happening? Man?
What's going on? I have alittle bit of a problem with Gilbert's
Tree Service. Now what is Gilbert'sTree Service? Is it for trimming and

(02:00:54):
all of that? Well, theydo landscaping, I guess, and they
also do firewood and then they deliveredfirewood in the wintertime. What's the problem,
man, Well, back in FebruaryI had him deliver a quart of
firewood and the guy, the guy'sfour wheel drive wasn't working in his truck,
and he got wound up getting itstuck, and the more he tried

(02:01:16):
to get out, the worst itgot, and he wound up taking out
two of my fence posts and thegate and all of the fencing. What
and how long ago was this?Well, he'd get it back in February.
I've been waiting, you know,I waited until it got warm,
you know, to do the work. I've been calling and I've been calling.

(02:01:36):
Did he say he was going tofix it? Yeah, they said
they were going to fix it,but they just they're a no show then,
you know, they weren't answer myphone calls. How much damage did
they do? I haven't had itestimated at two four by four posts eight
foot long. And wait a minute, wait a minute, how does all

(02:01:59):
that happen? And from getting stuck? Was it snowing out? Why did
he get stuck? There was snowand ice on the driveway and he and
he didn't have the traction, Hedidn't have the four wale drive. Yes,
so formal dive, but it wasn'tworking. So you're saying, okay,
because normally if a lot I'm tryingto think how this would work normally

(02:02:20):
if I have a delivery to myhouse and they slip on the ice and
snow, is that truly their fault? You're saying he was ill prepared?
Yeah, yeah, because there wassupposed to be. He told me himself
that, you know, uh hitthe boss. How much did you get
this estimated? How much damage arewe looking at? I didn't get an

(02:02:41):
stmate because they were supposed to comeand just stick. Well, what if
you had to guess, Well,you're talking about some posts, right,
well two two uh four by fourposts that about eight feet long? Uh?
And you know, and and thatare are they? Like? What
are the posts for? They're concretedinto the ground or well you dig a

(02:03:04):
hole and put them in. Youcan put concrete in if you want,
yeah, yeah, but what arethey used for? Is that for your
gate or something? Yeah? Theircorner poster for the fence. And are
those the only things that broke?No, you bent the gate up too
to prefer Is it one of thoseis it a decorative gate or is it
one of those farm gates? Thefarm gate? Okay, okay, like

(02:03:29):
you get at the feed store,the big orange ones weald green? Yeah
yeah, yeah yeah? And howbig is it? Twelve feet six feet
eight feet? What is it?It's twelve feet long five feet high?
Okay? Yeah? How much dothey cost nowadays? That? Oh wow,
I would only be guessing. Well, I'm gonna say I'm going to

(02:03:53):
say they're probably about two hundred bucks. And I'm going to say you're four
x four posts and labor. I'mtrying to figure out here you got you
got what around one thousand bucks?Well maybe not that much, five hundred
to one thousand anyway, I mean, you would think this clown would call
you back for this. You know, we'll call them for if you want.
And here's the thing, worst casescenario you can take in the small

(02:04:15):
claims court. I see you gettinga judgment against this clown. Where is
he located? I think out inPeyton. You know, it doesn't sound
like the end of the world.I mean, does this guy have you
know we have horses we have yeah, yeah, that fence that fences off

(02:04:38):
where they can graze. And wecan't put our horses out there because then
they'ren't wind up out on the road. No, I know what you mean,
you can't put an electric wire upthere temporarily. Well, well,
I mean it's also our driveway too. No, that's why we have the
gate there. No, but thegate still works. It's just been right
or oh wait, no, thegate is the boat that is attached to

(02:04:59):
with on the ground. God,this guy did a lot of damage.
I mean, I mean for justgetting stuck. How big was the truck.
It was, you know, likea big god ram, you know,
like twenty five hundred. But evenhow that? Yeah, okay,
all right, I just find itso odd. Okay, was it Gilbert
himself that did this or was itone of his workers or what? Well?

(02:05:20):
Uh he said, I think itwas like his brother. But okay,
I mean that the guy doesn't workthere anymore because it's so big deal.
They still have to fix it.Okay, but I'll tell you what.
This lady, But the lady cameout, I guess one of the
you know, the head people cameout. I talked to her, well,
yeah, well we'll fix it.You know, you know we were

(02:05:41):
landscaping company. We'll come out andfix it. And she took pictures of
it and stuff. And then Iwaited till I got warm, you know
and stuff, and then they call, you know, I called them,
and I just think it got youknow, the run around, and then
finally they just said, we're notgonna you know, we're not gonna deal
with you. You're gonna have todeal with it manager, and get me
another number. Let's do that.Hold on, let's run it. Let's

(02:06:04):
do that. Let's uh, let'sfigure out what we can do. We're
gonna call them and see we canlight a fire under him. Hey,
can you give this to Deputy Dollarbecause he's there hanging out. Let's do
that, Deputy Dollar. Three ohthree seven one three talk seven one three
eight two five five. All right, I'm getting text on my Google voice

(02:06:29):
number. And here's the deal.Somebody wants to know Dan. Instead of
talking about rich people who have millionsand millions of dollars in estate taxes,
let's talk about the real deal.What are the expenses of normal probate.
That's a good question. I neveractually asked that before. What tell me

(02:06:50):
what's involved in probate? Yeah,so to open a probate, you file
a petition with the probate court.Usually that's about two hundred and forty bucks
okay fee, And then you've gotto run a credit or notice, usually
in news. Now, what's acreditor note? Now there's no newspapers?
What? No, Really, theyhave to update the law. When it
comes to notice, it should beon Facebook or it should be on Instagram.

(02:07:13):
I swear to God. I mean, so where do you run notices?
Nowadays? They still have a legalrequirement for newspapers. Yeah, you've
still got the Inglewood as a recorder. They Aurora Sentinel, like these small
whoever reads those? I'm thrilled.I'm thrilled that we're running his creditor notices
in the smallest newspapers we can find, right, I mean we're trying.
Yeah, what is the requirement fornotice? I got to run at least

(02:07:33):
once a week. It's got torun in the county that the person lived
in when they passed away. It'sgot to circulate to at least ten thousand
people. So there's some minimal requirementshere. And you can actually find newspapers.
Yeah. Yeah, if you can't, what do you do? I
mean you can, Okay, I'venever had that problem. Okay, now,
so that's notice of credit. Fivebucks to run that three times right

(02:07:54):
now. So there's and then youknow, usually there's a few filings after
that. It's probably for just thecourt costs, probably in the three hundred
and in the newspaper fee probably aboutthree hundred and fifty bucks to do,
and then an attorney can be severalthousand. Now why do you say several
thousand? I mean, you know, when we're drafting the petition, we're

(02:08:15):
doing the creditor notices, we're helpingdocumentaries by the stuff to do. Yeah,
I mean we do flat fee onprobates too. But now, what
is the purpose of probate Because ifyou go in and let's say your family
member dies and you go to theirbank, or you go to the clerk
in the quarter's office, or you'retalking to a title comment about selling their
assets, are you gonna be well, who are you? Like? How

(02:08:37):
do we know there isn't a willout there naming somebody else to get this?
So do you actually get documents fromprobate that that give you authority to
do things? You get a documentscalled letters, which is the documents that
you which is the document that youcarry around and it tells the banks and
all the others that you have authority. Yeah. Now, can you have
one probate action and three or fourdifferent authorizations for different people, like you

(02:09:03):
can do this, and you cando this, and you can do that,
or do they Is it just allon the personal representative? You can
have multiple people in the position together, Like I mean, it's like one
personal rep What if he's busy andhe wants to do I'll take care of
the banks, you take care ofthe cars. You can agree to that
amongst each other, but you're allon the hook for everything, right,

(02:09:24):
So if you decide like you're goingto take care of the cars, then
you don't do it. I'm youknow, I can't say, hey,
I told Tom to do it,okay, because the personal representative is responsible.
Right, Well, what happens ifsomebody doesn't want to be a personal
representative? They can just they don'thave to accept it. Oh yeah,

(02:09:45):
yeah, you probably should be veryyou know, skeptical whether you want to
do that job or not really truly, So it's kind of like a favor.
Yes, I mean you can unlessyou have money coming and stuff can
be paid for your time, youcan. Yeah, does it? Is
there a statute on what you're sayingreasonable compensation? Because we don't really know

(02:10:05):
usually how hard is this going tobe? Like we don't know how many
creditors are gonna show up, Wedon't know if the state's gonna be sued,
We don't know. You know,there's all kinds of stuff that can
happen that can either make the job. Now obviously, a personal representative could
just be a kid, the sonor daughter or could be a wife.
It often is yeah, either thehouse or the oldest kid. It's a
very popular choice. But it's hard. I mean it's you know, I

(02:10:26):
tell people like it. Look ifI found out I had to liquidate everything
I own today and take care ofall my bills and close everything out,
like that'd be a hard job withmy own stuff, like to step into
somebody else's and figure all that out, Like that's so lot. What if
look, look, look, andthen you got to pay an attorney and
all that. What if everyone justwalks away? What happens? Just say
the hell with it. We're nottangling that. You're not No one can

(02:10:48):
make you do it right, right, it can happen. So there's public
administrators out there that have been appointedby the courts that can so so are
there literally people if there are statesnot worth anything, who's going to take
the time and energy to pay theirbills and take care of stuff or or
you know what happens you just walkaway? Right? Well, as I
said earlier, creditors can open theopen the probate if they're not getting paid

(02:11:09):
and if they think it's worth itwhile and if not, they just let
it go. Yeah, yeah,so there are people that can die that
there's stuff just bait. Nothing.No one does anything if it's real small,
yeah, I mean, you know, somebody's gonna be interested somewhere.
So usually someone's doing something. Ifit's worth less than eighty two thousand bucks
and doesn't include real estate, youcan just use nafidavit to go around.

(02:11:31):
But a car you can do asmall state after David, But anything over
eighty two grand you've got to goto court, yeah, to have it
transfer What if there's no transferable assets, but it's over eighty like cash in
the house, I'm serious about that. What if you're still supposed to go
a probate if it's more than eightytwo So even if there's nothing to legally

(02:11:52):
transfer ownership title, yeah, becausesomebody has an interest in that cash.
I mean it's very common that peoplehave you know, there's people store and
hard metals and stuff like that.We got crypto now, so there's stuff
out there, and yeah, practicallyspeaking, it's hard to trace it.
Obviously, this is really odd.I mean it's really a good topic though.
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(02:12:58):
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(02:14:07):
You're all Plumbing Colorado dot ned threeO three six six's eight six's
eight four four Hi Tom Martino herethree three seven to one three talks seven
one three eight two five five lovethis show. Tom, keep up the
good work. Thank you Rich okay, and also Wayne ass should I keep

(02:14:33):
my oil level topped up if itis a quiff a court low or wait
till it's a full court? Okay? I can tell you that for sure.
You can do anything you want.Don't ever go above the dipsticks smart
though, and don't overfill, butyou can wait for a court down.
In fact, to be honest withyour most cars can go two courts low,

(02:14:54):
but I would never go below acourt. And somebody else says,
uh, okay, let's see allright. There's one that has some questions
for is it better to transfer myfour to one k to a wroth?
If you have a lump sum ina four oh one k, there's nothing
wrong with taking that and putting itin a wroth. Now it's called a

(02:15:18):
backdoor conversion. It's still subject tocertain things, but most of the time
you can do it. Most peoplecan do it. You can to put
it. When you put it ina wroth, you pay tax on the
four O one k. Now,if you anticipate taxes will go up,
or you want to just grow moneyand not have any taxes. So what
happens is this, You take anin service rollover, so you're not paying

(02:15:39):
the penalty. You're not paying ifyou're under fifty nine and a half,
you're not going to be paying anykind of a penalty. You'll only pay
tax. When you pay the tax, it goes into a wroth and then
grows tax free forever, and youcan take out the roth whenever you want.
Roths are also not subject to minimumdistribution requirements, you know required minimum
distributions are. So that's the answeron that one. And then let's see,

(02:16:05):
Oh, thank you very much,I listen every day Steve from Pablo,
thank you? Is there? Ifthere's no will and just a house
was refinanced and I added someone tothe loan, what happens? So if
someone doesn't have a will but theyadded someone on their loan, what happens?

(02:16:26):
I mean? I almost I thinkbanks insist if you're on the loan,
you be on the title, butI'm not sure about that. But
have you What does happen though?If there is no will and a house
is left and somebody else is onthe loan, I just never evening.
I guess that could theoretically happen.Yeah, I mean that it's gonna be

(02:16:46):
a problem for that person on thatloan because they don't necessarily get that.
Not necessarily, No, I thinknowadays they require you to be on both
title and the loan. I mean, if I'm a bank, I'm happy
to have as many people on thatloan. And yeah, you're right beyond
it. Now, now let meask you, so as far as ownership,
now, joint tenancy with rights ofsurvivorship means it goes that saves out

(02:17:09):
approbate right, Yes, joint tenantscorrect, joint tenants as long as there's
a survivor right, the joint tenantsyes, right, and joint tenants in
there in its entirety. That's somethingI had just learned about. What does
that mean? Is that in Coloradoor not? Yes, it means both
the or as many owners as therehold it jointly on the entire asset,

(02:17:31):
all of them. Right. Sohow is that different than let them when
you're with your wife and you havejoint tenancy with right or survivor right,
any any reflection that you own theasset jointly. I mean, that's that's
what most deed say, is theyjust say joint they own it. Jointly,
and that means you own the wholething, both both own it entirely,
unless you do tenants in common.Tenants in common means you own separate

(02:17:52):
shares, okay, and it doesn'thave to be fifty to fifty No,
okay, all right, and thenuh okay, here's some we're talking about
cheap fakes off the air. Iguess someone heard it. A cheap fake,
is what who mentioned? It wasa cheap fake of Biden looking puzzled
the White House? Yeah, acheap that. What they meant to say

(02:18:16):
was deep fake. But this guythat texted me or this woman says a
cheap fake is a Chrysler three hundredtrying to be a Bentley. Remember how
they they looked at they looked atThey looked like Bentley's at one time.
Do you remember that when they firstcame out the Chrysler three hundred. Anyway,
somebody else wants to know, howdo I apply to be a YouTube

(02:18:39):
moron? You're there. All youdo is sign on and you're a moron.
It's honorary and it's automatic. ThreeO three seven one three talks seven
one three eight two five five Forthose listening the Google voice number and now
you can still text the station numbertwo, you know the five seven seven
three nine. But I thought itwould be fun to put my Google one

(02:19:00):
out there too. Anyway, wegot more coming up on the Troubleshooter show,
well we wanted to. We hadan inquiry about why Tom do you
always insist on it's better to haveone invoice for all your exterior damage when
it comes to helstorms. I'm goingto just be logical here. Think about
this. If you have somebody fixingthe fence, somebody fixing the decks,

(02:19:24):
somebody fixing and siding, somebody fixingwindows, somebody fixing roofs, somebody fixing
you know whatever. You got allthose different contractors and some claims to submit
to your insurance and all of that. Here's what I like Genesis Total Exteriors.
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(02:19:45):
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Detection three three six seven nine eightfive zero nine. Hi Tom Marchino,

(02:20:07):
you're a troubleshooter. Three zero threeseven one three talk three oh three seven
one three eight two five five.Now we have the Google Voice number I
gave out for people to text meduring the show and with problems, and
truly, if you want to callback to be on the show, you
can text us there and then thenumber is seven four seven nine two eighty.

(02:20:35):
It's a pretty cool number, rightanyway, So welcome to the show.
And also I got some consumer newsthat all of those videos that we've
seen of Biden looking vacant, afraidalone, roam wandering off on his own,
those are all cheap fakes. They'renot real. They're all cheap fakes.

(02:21:00):
By the way, the Federal TradeCommission is doing so you know,
I really like the Federal Trade Commissionat times. I really do. No
matter who's president, I like him. They're going after Adobe, and this
is a problem I've long sinsed aboutAdobe. They trap people. You can
easily sign up for Adobe and theydon't sell any of their software. You

(02:21:24):
have to get a subscription to thesoftware. So I have the whole Adobe
suite. Now I love their products. I have what's called the Creative Cloud
where you get all the stuff inthere. You know, Audition, Photoshop,
Illustrator, all of that, right, Adobe, what else Photoshop,
let's say, I said that,Acrobat, all of that. So however,

(02:21:46):
when you want to get rid ofthe subscription, you can't find a
place to cancel your subscription, andthen they tell you you got a call,
and then you can't get through.And I've long said they trap.
But there's another thing they're going afterhim for. Not only that. Not
only is it they can't easily canceltheir software, that's for sure, their

(02:22:09):
software subscriptions, but also they're chargingthem fifty percent of the remaining payments if
you do it during an annual period. So the FDC says, no way,
Jose, that ain't gonna happen.So therefore the Federal Trade Commission,
in my opinion, actually doing somethingright. I love when the government does

(02:22:33):
something right. Now under I'm justgoing to say something, under Obama,
the Federal Trade Commission, and hewent after some people and for credit card
fees and all that, and Ikind of like that. By the way,
Oh and by the way, ifyou're black, you got to vote
for Biden. That's what I hear. You can't vote for Trump. Except

(02:22:54):
Biden's his popularity among black sasis decrease. He still holds a majority of the
black vote according to surveys, butit's dropped quite a bit, like eighteen
nineteen points, and those have allgone over to Trump. So I'm wondering
when a black person goes from Bidento Trump, what the reason is.

(02:23:18):
I often wonder that because Biden said, if you don't vote for me,
what do you say if you you'renot black, if you don't vote for
me? Or something like that.Anyway, speaking of black people and surveys,
listen to this. This is aserious note right now. And I
really do find this difficult to believeright now because I don't know, and

(02:23:39):
obviously that's a white man's perspective tothink, is this really still going on?
But this is what seventy six percentof surveyed Black adults, now this
survey was done in late twenty twentythree, that black public officials are singled

(02:24:03):
out to be discredited. What doesthat mean? Black public officials are singled
out? So this is what seventysix percent of Black Americans believe also police
do little to stop guns and drugsin black communities. This is seventy six

(02:24:31):
percent of Black adults say the policeare not doing much to stop guns and
drugs in black communities. Now,I specifically remember, especially in California,
them telling police not to overpre haveon a big presence in black communities because

(02:24:56):
it's racist. They should spread itaround, and that's happening in New York
too. That I thought that ifyou had a big presence of law enforcement
in black communities, it was consideredracist. And by the way, I
don't believe this. I believe it'san insult to blacks what we do in

(02:25:16):
the name of racism. I mean, pretty soon, I think they're going
to have to look for another communityto blame for problems. They're saying shoplifting.
You know, the reason they raisedthe limits on shoplifting is because it
was an undue hardship on blacks.So what they're really saying is Blacks commit
most crimes, and we're decriminalizing carthskbecause of blacks. What they're saying is

(02:25:39):
that these laws are against blacks.So what they're really saying is just so
stupid. It's such an insult toblack people. Anyway. Here's some more
of the survey. Seventy four percentof black people say that they are disappropriate,
dis proportionately incarcerated so prisons can makemoney. And these are true surveys,

(02:26:01):
by the way. And then bigbusiness market luxury items to black people
to keep them in debt. Theysay that they've included black people in a
lot of these commercials for high pricedluxury items on purpose to keep them in
debt. Now, this is asorry commentary right here, that so many

(02:26:24):
blacks are distrusting of society in general, isn't it. I mean, really,
I mean we're doing a bad jobbecause I'm thinking, as a white
person, well, this isn't goingon still, right, I mean,
there's no one targeting blacks. Butthat's not what the black community thinks.
In fact, listen to this.Fifty five percent, fifty five percent of

(02:26:46):
the black adults surveyed believe that medicalresearchers are experimenting on black people without their
knowledge or consent. That sounds likea movie, remember the movie Get Out.

(02:27:07):
That's what that sounds like. Thegovernment encourages single motherhood among black women
on purpose. What are you kiddingme? Fifty five percent believe that,
and half half of black adults believethat the government is promoting birth control and

(02:27:35):
abortion to hold back the black population. Now get this, So they're actually
saying, you know, the progressI mean, I guess it's a progressive
government is promoting birth control as healthand abortion as health in order to keep

(02:27:58):
black popular small. This is acrazy survey, truly is. It was
done by the Pew Research Institute.I mean, this is not like some
shlock organization three three seven one threeeight two five five. Anyway, Meanwhile,
I want Dan mackenzie, we havea question for you on informal probate.

(02:28:22):
I think you mentioned it earlier.Is that what you were mentioning this
person's asking about informal probate is thatfor is what they really mean to is
small probate? Is that what they'resaying? No, No, there's a
smallest state affidavits for small Okay,smallest state affidavit ifs are under eighty two
grand right, yeah, and whenyou don't have real estate, right,
Okay, you can do a smalleststate affidavit and have things. So when

(02:28:45):
you do a smallest state Affidavid,Does that happen with a personal representative?
Yeah. Usually one of the thingsyou have to explain in the smallest state
affidavit is why you're the right personto be coming and getting the stuff that
you're collecting, And does there haveto be a will shown? No?
Okay, Then what's informal? Whatis it? What do they mean by
anything in probate. Once probate isnecessary, you've got two options. One

(02:29:07):
is formal and one is informal,And most people are informal just because if
it's not contested, we're not reallyexpecting any creditor issues. This estate seems
to be we either have an originalwill or no will, Like there's not
really anything that's obviously going to befought about. We use the informal process,
and that usually is just the personalrepresentative files the petition, they get

(02:29:28):
appointed. They're going out there anddoing stuff without much court approval or court
oversight. I should say, thebeneficiaries and creditors can still complain, they
can still ask for hearings, butit's called informal, Yeah, because the
court's not really having hearings unless asked. Okay. In a formal process,
hearings get scheduled proactively, and whenwe do think there might be issues.

(02:29:52):
So if somebody is going to contestthe appointment of the personal representative, any
of the issues I just mentioned arethere, like creditor issues or can fighting
over stuff, you would file theformal process and actually schedule hearings. Okay,
we got more coming right up.All right, and I'm telling you
that this Thursday night. If youwant to learn about retirement, retirement planning

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(02:32:31):
today and I want to say thankyou for joining us. Dan mackenzie.
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