The Troubleshooter 7-29-24

Episode Transcript

(00:00):
Yeah, rip dum news needs whoyou don't have? Come run into success
as we can. Shooter's gonna helpcoming, man, This is the Troubleshooter

(00:22):
Show. No Tom Martino, HiTom Martino here, Welcome to the show.
You know I often start the showby saying, the only show of
us kind to anywhere in the universe, which is true. No one focuses
on solving problems directly and giving adviceand tips in everyday life, and not

(00:42):
trying to change your politics or religion. Oh we talk about that stuff,
and nothing to try to change youor to make you a to make you
a zealot of one kind or another. We love doing what we do.
But I gotta say something else,and what I thought about it. I
think it's the only only show orthe the I think we've given more help

(01:03):
to to people than any other showor any other form of media. And
that's why I love that saying wehave media with a purpose. I've been
adding up just a few of thesecasual cases that we've had just since the
beginning of this year, and we'reinto the millions already, and cash,
merchandise exchanges, refunds, and services. Now I'm going to take Joseph.

(01:26):
He's a possible victim of a fraudof some kind. And that's right in
line with what I want to talkabout today. First, let's take a
tally here like a teacher Shannon present, right, yeah, at Shina present
here major mark major not not own. How the access is available today?

(01:49):
Oh, come on, no,it's a thing we gotta we gotta do
something about that. He can callin anyway. So Deputy Doc you in
the studio. Probably I'm ready togo, okay, and then we have
some deputies remote and other depths inparts unknown because it's a good vacation time.

(02:10):
I want to remind everyone you cantext me, and you can text
me at my private Google number.And this is private twenty four to seven.
It's my number, so it goesright to me seven four seven nine
nine nine fifty two eighty. Okay, So you can call there and text

(02:34):
there. If you call, yougot to leave a message most of the
time because I'm not going to pickup. But I use it mainly for
texting, and no one's been abusingit. By the way, it's seven
four seven nine nine nine fifty twoeighty. You know, I out to
see if three Zho three Martinos availablefor that text. I don't know anyway,
I don't know how to do that. I actually I'm going to figure
that out. So anyway, peoplewelcome. Okay, Now, one thing

(02:59):
I do want to talk about todayis right in line with our first caller.
First, let's take Joseph Joseph's calland see what it has to do
with let me key in on it. Joseph, what's going on? Well?
How you doing? Thank you doinggood? Joseph? What's going on?
Man? Well? I want tosay first, I like your positive
attitude because what I have for youis a very dark story. Oh man,

(03:23):
I can't see it as dark becausethat'll get me down. Now tell
me what's going on man, thehumor and the absurdity in it. Yeah,
I've been dealing with uh, withsome individuals who have an unusual relationship
with the Boulder County Sheriff's Office.I can't tell you how that came about.

(03:43):
I don't know anything. When yousay dealing accusations. When you say
dealing, you got to fill inall the blanks. They'll talk what do
you mean deal? Talking about it? Yeah, prompts me as I go
make sure because I'm not good atthis. So what are we talking about?
A business deal? You are ina consumer deal? What? No,
these were friends of mine for aboutfifteen years before. What about them?

(04:05):
Well, I faced some difficult circumstances. I was very sick from when
I was a little kid, andjust in the past couple of years the
illness was identified and effectively cured.What was it back then? It's it
was a form of depression. Everybodythought it was an illness of the brain,
but it turned out to be ahormonal problem. They just missed it.

(04:28):
Yes, right, So listen,mental illness, depression, bipolarity,
all of these things are tied toour bodies and our minds together, and
they're all one you very much.So anyway, I don't know why people
separate them. But anyway, Joseph, so you were dealing with friends.
Keep your story going. Let's hearwhat you got to say. Go ahead,
Well, I lost both parents withinfive years, Okay, and that's

(04:49):
the depressed thing. Tough. Yeah, And with the and when was this?
How long ago would you lose him? How long? I lost my
mother in twenty thirteen and my fatherunder horrible circumstances in twenty fifteen. He
was told by his own surgeons becauseI'm failed to read a lab report.
So you got a lot going onin your life. I hear it in

(05:09):
your voice. I hear that you'restill a little down. So what's going
on? What can we do foryou today? Well, why I need
is a little direction because these friendsI stayed with y Shannon got it.
Listen, we got to wait forour delay here and we got to come
back to him. Can somebody schooland please, we got to be very

(05:31):
careful. Can somebody tell him that, please look at I don't know where
we're going with the story. I'lltake the story. I'll talk about it,
but I'm going to predict what thisis. He's very depressed, he's
very down. Life's dealtham and nowhe's collecting these injustices and trying to make

(05:57):
a pattern or a theme. Andif they connect together, it justifies his
feelings. If they don't connect together, he thinks the universe is out to
get him, and then that's whathappens. I'm gonna let him tell his
story. Maybe he's been ripped off. Maybe there's something we can do to

(06:17):
help. But folks, here's what'swonderful. About knowing people. After forty
five years of talking to people,I have found something unique, not unique,
something enlightening that we're all exactly thesame. I swear to God we

(06:39):
all have or share the same feelings. Now some of us will embrace the
certain parts of the If you lookat the feelings as a giant corral,
we all have all of the feelings, and I mean all of them.

(07:00):
I mean extreme love, extreme hate. We have depression, we have joy,
we have hypochondriac, we have I'mhealthy. We have every feeling of
every emotion is in that corral,and we're all people, so we're all
capable of experiencing them. We allhave fleeting thoughts, even of homicide.

(07:26):
I'm not saying we plot a homicide. You know, you know what I'm
saying. And so what I'm sayingis this, in that corral, we
decide what we're going to rope andwhat we're going to latch onto. Some
people latch onto just all those negativethings in that corral. Some people latch

(07:47):
on to all the positive things inthat corral. And no matter what,
whatever you latch onto, you're goingto concentrate on, and then you're going
to collect more and more of them. But that coral is filled with every
everything. So when people call me, I know what they're latching on too,
because I felt it and I couldhave chosen that, and we all

(08:07):
can. We all know when welisten to callers here, if we're totally
honest, no matter how whacked wethink they are or how wonderful we think
they are, we all have sharedtheir feelings. There's no new feeling under
the sun. Nothing new. Nowthe wackos will take the extreme violent feelings
and believe that they need to acton them. Sensible people think, what

(08:31):
if I ever did that? Ohno, never. We all have these
thoughts. We're not We're not crazyor we're not super sayane. We just
have these thoughts. It's what wecorral, it's what we lasso. Do
you think it's all voluntary? Tom, Well, what do you mean?
Well? Hold on now, Iwas gonna oki that. Okay. So
if I'm a cowboy sitting on thecorral looking out into my corral deciding what

(08:52):
I'm going to last, so whatI'm going to rope into my into my
life, I think it's an influencedby all kinds of stuff. If I
got a frickin thorn on the fencethat I just sat on, and it's
in my ass and I'm hurting andI'm in extreme physical pain all the time.
I don't look necessarily at all thegood stuff in that corral. I

(09:13):
think, God, this is terrible. I'm feeling terrible, and you latch
onto some of the terrible things.Or maybe my hormones are off. That's
something I think. Sometimes people arejust born with the genes of crazy people.
I don't, you know, lookat well, there's nothing new.
Who knows. I don't know theanswer, but I do know this.
I do know that some of itschoice, but not all of its choice.

(09:37):
And that goes down to every singlefeeling in the world. Some of
its choice, not all of itis you know, alcoholism? Is it
a choice? I think part ofit is, but part of it is
a sensitivity maybe to alcohol, andwhere they get a yearning where other people
don't. You know. Look atsome people can do painkillers after surgery and

(10:00):
or go back to them and nevermiss them and never care about them.
Others feel it and go whoa,And then what the medication does? What
painkillers and antidepressants and alcohol and allof that stuff does is when you're sitting
up on your corral, looking outinto that corral of numerous feelings and emotions,

(10:20):
it kind of helps you. Itfilters out some of the bad,
so you think, and so ithelped you to tackle the things in the
corral. Now, in my opinionthat the best way to go through that
corral is to embrace whatever you're feeling. Not super violent all that, but
recognize, hey, this guy losthis parents, maybe his friends and all

(10:45):
this, so you're depressed. It'sokay. Where we make the mistake is
thinking that we can't be depressed.Of course we can. We don't want
to be depressed every day twenty fourto seven for fifty years. But it's
okay to feel bad. I thinkwe're the what happens to most people when
they start feeling bad, they're toldthey shouldn't feel bad, so then they
start fighting feeling bad, and thenthey even take drugs not to feel bad,

(11:07):
when if they just felt bad inthe beginning for one or two or
three weeks because they had some badcircumstances, they would have gotten over it.
We're fighting, not feeling bad,not feeling bad. Sometimes you feel
bad, then you get over it. I mean, I don't want to
preach too much, but I swearto God. I mean, I hear
this for forty five years. Youlearn after talking to people, there are

(11:28):
people who simply latch on to certainparts of their feelings, and we all
have them. Even though we sayall that person's whacked, we secretly have
felt minor twinges of those feelings.But we just did not lasso them.
We didn't tie them to our breechesand walk around the rest of our lives

(11:50):
with them. We got more comingup. Listen, the show's crazy,
right. I don't make any excusethat I've been doing it for so long
and we managed to make it,don't we. So the point is this,
Okay, it's okay to go throughthat corral and feel both feel up,
feel down, feel in between,feel hate, feel love. I

(12:11):
mean, there's no one feeling thatshould take over ever. Waterpros dot Net
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(12:33):
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(12:54):
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sixteen twenty two. Hi Tom Martino, you're troubleshooter. A lot of discussion

(13:20):
online here, well not a lot, but on my YouTube channel here we
get people who discuss back and forththings on and off the show and life
in general. On the opening ceremoniesof the Olympics, I know a lot
of people were offended, a lotof people didn't care, a lot of
people thought it was great and whatever. But I didn't understand, to be

(13:41):
honest with you, I didn't understandthe significance anyway, If you're gonna have
it had nothing to do with theOlympics. That's all I have to I
mean, you know, it's like, why, that's what I didn't understand.
I'm not going to go so faras to think agendas are being pushed
or something, but I just don'tunderstand. Sometimes with anything people do the
context, I just don't understand it. Maybe if they explained it, we'd

(14:01):
know better. Joseph. Okay,Joseph suffered from years of depression, and
he's starting to tell us about someproblems he's having. But we haven't gotten
to that. So Joseph, let'stry to keen on your problem. And
by the way, don't say badwords. I had to nix you before.
Now you said, this is myfirst time on the air. Tom,

(14:24):
It's okay, Joseph. Joseph,Pretend you're talking to a priest.
Pretend you're talking to a priest.Father, Tom, I have a priest.
I love. Okay, So listen, Joseph. On the friends thing
they were getting the Sheriff's department wasgetting reports. They were beating the crap
out of you. Let me askyou something. Who was making these reports?

(14:46):
Well, by that time, theseare people I knew for fifteen years
these boys, they were brothers.But why were who made reports? Just
answer me. I got to keepyou here, man, who who?
Otherwise we're going to have what wehad the other day of okay, by
a county agency. Let me askyou this why okay, hold on,

(15:07):
Joseph. In all of my years, I have never had a county agency
check on me. So why woulda county agency get report that you were
having the crap beat out of you? Do they come and visit you on
a regular basis? Are you undersome kind of program? No, not
at all. It was it thatsort of arrangement. Then how did the

(15:31):
Sheriff's department get a report that theseguys were beating the crap out of you?
I discussed it with one of thesocial workers at the agency, I
told her. But hold on,Joseph, stop nope, nope, nope.
When you stop making sense, thenI have to go back. When
you said you discussed it with somebodyat the agency. Why did you call

(15:52):
a social services agency? No?They called me. Now okay, see,
now do you see where this isnot making say? As I said,
in all of my years, I'venever been called listen, you don't
get to set the agenda. Itried that and it doesn't work. Do
you want to shut up? Doyou want to shut up and get some

(16:15):
help? I'm serious, Okay,I'm taking control of the conversation. And
here's what I'm going to ask.Number one, Why did a social service
agency call you in the first place? That's our first question and answer what?
What is the answer to that?Because after I lost my parents,
yes, I approached them. Ihad a qualifying diagnosis of an unknown type

(16:40):
of depression. I was eligible forservices by college statute. That might it
might be better for me to receivethose until things stabilized than my Okay,
So did they periodically call you tocheck on you? Not? For a
while? They were, They weresupposed to, but they were rather okay.
So, so upon this one callthey made, you told them or

(17:03):
you discussed something about being maybe physicallybeaten or abused. I'll tell you exactly
what I told them, sir,Good, go ahead, I said,
I said, these these guys aremy friends. They're behaving in a way
that I've never seen them behave before, and I cannot strike my friends.
These are people who have treated mewell for years. I know them really

(17:26):
well. I know something's wrong here. So now did you but did you
say that they were hitting you?I did? Okay, God, keep
going, because I wanted to.I wanted to diffuse it. I wanted
to nod, and I wanted todiffuse it myself if I could. We're
all young men, and Joseph,were they like fooling around or were they

(17:47):
really hurting you? Well, asit escalated, it became quite dangerous.
They were really hurting me. Andwhat did Social services do about it?
Social Services? What happened was interesting. Social Services contacted the Sheriff's department,
ask the deputy and a couple ofparamedics to come out and look me over.

(18:08):
Okay, good, and then whatwell, as soon as the I
have the records from the communications centerat the sheriff yeah, okay. Within
a few minutes of the time thatthey received that report from the county,
they received a parallel report under thesame legal kind of concept from a physician

(18:30):
attending to their mother, and itwas basically a counter to the report about
their sons. It alleged that Iwas abusive to her. Okay. So,
in other words, when you madethis report to Social Services and they
called Boulder County these guys through adoctor made an opposite report. Yeah,

(18:52):
with the they were received by thecommunications center minutes apart. Now I get
it, does okay, So thenwhat happened whatever that may mean, Then
what happened that means? Then whathappened? Well, a deputy comes out
with the medics. They come visitme. I'm in my room at the
time because I have a little COVID. It's nothing serious. I'm just resting
there, and the deputy comes tome. He doesn't ask me any questions

(19:15):
about my safety, and the medicsdon't examine me. They sort of just
stand there. But he tells me, he lectures me for a while and
says, I'm a pretty good badguy for abusing this woman. Now what
women are they talking about? Whatwoman are they talking about? Your friend's
mom? Yeah, and she wasa dear lady to me. Now,

(19:37):
now how did you But but holdon, do you visit her? Is
that what they're saying, you visither? No? I was staying in
the family home. Okay. Seethat would have been the one to lead
with. Okay, So yoh,Joseph. So the story starts out,
you're living with these people, andthen you told solcier services were mistreating you.

(20:00):
And then the brother said, no, you're the one mistreating mom.
I got it. What happened?Then, well what happened? Okay,
So the deputy comes he he hetells me, I'm mistreating the old lady.
God rest her soul. She's passedaway. And I was a little
bit socked because when did she passaway? When did she pass away?

(20:25):
In twenty twenty two she suffered aheart or you know, in twenty twenty
she suffered a heart attack. Okay, you didn get the right attention.
So this was way back obviously,before she died, she reported to her
doctor. Her doctor reported to thesheriff's apartment. So they wanted to counterclaim.
They said, you're hurting the mom. The sheriff's deputies come out.
Let's keep moving forward. What happened? Then nephuty comes out and he tells

(20:49):
me, you know, whatever you'redoing, knock it off. He didn't
take me into custody, he didn'tcharge me. I wasn't taket it or
anything. But I was surprised becausemy conversation with the mother has been Did
they ever investigate the brothers hurting you? Absolutely not? Okay, okay,
so let's keep let's keep moving forward. Let's keep moving forward. What happened

(21:12):
then? So, okay, sowe're at the deputy, right, Yeah,
what happened? They investigated you.What happened? They talked to me
briefly and left. They but theyasked me no questions about my own safety.
It was as if the refriend Iget it, as if they just

(21:32):
didn't They didn't consider your complaint.They were just talking about the old lady.
Then what happened? We move intoa new phase where I begin hearing
from the brothers. The brothers areaffected by me. Meanwhile, were you
still living there? Were you stillliving there? I was, okay,

(21:52):
So in all of this, youwere still living with the woman you were
accused of beating and with the twobrothers who were hoarded you. Yes,
Then what happened? I was makingmy way. I was making my way
out as I got better, Okay, because I was, I get it.
Keep going, keep going, keepgoing, some success. What happened?

(22:15):
Keep going? Gan to hear.What I began to hear from the
brothers was you should have contacted thosepeople. You brought the Sheriff's department here,
right, They were upset. Iget it. They were upset,
sure, sure they were. Well, where is all this going, Joseph?
Where was all this going? Whatare you calling about today, Joseph,

(22:37):
Joseph, what I would? WhatI was told was that if I
called the Sheriff's department again, nomatter how serious the beatings were, the
Sheriff's department offered to simply arrest meinstead. I get it, Joseph.
They're they're kind of thinking that maybeyou're false reporting or something. Here's what
I want to know, Joseph.But Joseph, Joseph, time for me,
now, time for me, Timefor you to be quiet, Joseph.

(23:00):
Otherwise we hang up and you goaway. Okay, See that's easy
for me. I just you hangup, you go away. I really
want to help, but I canonly help if I get direction. I'm
not gonna let you ramble. That'snot gonna happen anymore. So here's what
I want to know. Have youmoved out of there? Use I got
it from others. You're a psychopath. Stop behaving the time I'm Joseph.

(23:22):
If you're not gonna talk, doyou want to you want to hang up?
Hang up? If you want togo ahead if you want help,
stay on. Did he hang up? Okay? Good, good, That's
the best sound I heard all day. All right, JOSEPHS. Sorry that
happened. It was a lot ofwaste of time. People. We gotta
converse, You gotta make a story. Did he move out? Where did

(23:45):
he go? What's happening now?Never got to that, did he?
And I know my YouTube mora onsyoused to tell me don't interrupt people,
And I'm sick and tired of thatbecause when I let people talk, we're
here for four hours and we stilldon't hear the story. So that's why
I'm conducting the show. You're welcometo tune up. I want to help
people, but we got to getto the fricking problem. We got more
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(24:12):
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(24:36):
three oh three nine two zero sixteentwenty two. Hi Tom Martino, your
troubleshooter three oh three seven one threetalk three O three seven one three eight
two five five. Welcome to theshow. We are here to help you
solve your problems, answer your questions, and take your complaints. And Mark

(25:00):
has a tenant landlord question about thenew laws, and man, there are
a lot of new laws. What'shappening. Yeah, thanks for taking my
call time, Yes, what's goingon? Man? Question I have?
So I'm a landlord. I havea couple of properties to properties, and
I have a tenant that is continuallyjust a month late on paying the rent

(25:26):
and their least comes up September thirtieth, and I mean I'm trying to just
figure out if I do like thedemand for compliance, which is to get
caught up, and then I tryto go Now, when you say caught
up, did they ever miss amonth or they just late? They're about

(25:48):
thirty days late. I mean they'llgive me like three hundred this week,
and then they'll give me like orbeginning of July, and then they'll give
me one hundred a week later.So in other words, they they they
finished paying for July at the endof the month, or in August they
will, and then what do theydo about August? They kind of get

(26:11):
that to me hopefully along the wayin August or September is kind of how
it works. Well, you canthat that's a reason to end the lease,
okay, okay, I mean it'snon compliance with the terms of the
lease, which is payment due bya certain day. Do they pay late

(26:32):
fees? I no, No,it's in the it's in the contract for
them to pay the late fees.But I'm just trying to get my mains.
Well wait a minute, have youbeen have you been charging them late
fees? I have not. Well, then, UK, do you have
an accrual of late feest? Canyou keep track of all of them?

(26:52):
Because they have to pay those.That would be another reason to let them
go if they don't pay them.Yeah, it's probably about five or six
hundred dollars this year so far.So and laate fees yeah yeah, okay.
Is now are you you're asking shouldyou give them a chance secure?
Yes? And I've done that andI did put that demand for compliance good.

(27:19):
I had to stop by twice theyweren't there. I put it on
their door, and so they haveten days of cure. I'm just wondering,
is the rest of this process isit? Is? It? Is
it? Do I should I hiresomebody to do this? Or Okay,
that's a good question. In otherwords, In other words, can you
simply say you're not renewing the leasefor cause and give them the proper notice?

(27:45):
When is the lease up? Septemberthirtieth? Okay, just so you
know, just soon, you know, you don't have to wait till the
end of the lease. You canevict them as well. So let's get
Brad O'Brien on and see what whathe thinks in general. Okay, three
oh three seven one three talk threeoh three seven one three eight two five.

(28:08):
I hang on, We're gonna getBrad O'Brien on and see what he
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(28:37):
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You'll think you're his only customer whenyou choose Frank durand the real estate

(29:02):
Man dot com to list your homewith Remax Alliance three all three nine two
zero sixteen twenty two. Hi TomMartino, your trouble shooter three oh three
seven one three talks seven one threeeight two five five Denver Regen dot com
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(29:23):
and I was in so much frickinpain, I almost didn't do the
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Denver Regen dot com and welcome tothe show. Mark, you did finally

(29:48):
get in right on an access here, so you're in and uh, I'm
here baby. Okay. So wehave Brad O'Brien on who is our real
estate expert olslaw dot com. He'sa a real estate attorney. And there's
a good question, Brad. Idon't know if we've ever had this question
directly, but Mark is a landlord, and Mark has a tenant who,

(30:11):
through the year of the lease,has been chronically late. So, for
example, on July's rent, he'llpay some of it late, some of
it on the fifteenth, some ofit on the twenty fifth. By the
end of the month he may haveit all paid, or it goes into
August. Then he starts paying onAugust, but he's chronically late and doesn't

(30:33):
pay any of the late fees calledfor in the lease either. Now he
wants to know does he have tolet the guy know I'm not renewing your
lease and why or how does thatwork under the just cause laws that were
just passed. Yes, he'd haveto give a ninety day notice that he's
not going to renew the lease thatpasses termination. And one of the stated

(30:57):
reasons allowing you to do that isthat they've been late on the rent at
least three times, each time bymore than ten days or ten day's a
minimum, but each time the landerhas to give that written ten day notice,
and attendant didn't cure it. Sothere's a lot to do. Okay,

(31:18):
so ninety days, I think you'reall you're already late? Then?
Is that true? Sir? No? No? Oh sorry, go ahead,
go ahead, no mark? Areyou? Yeah? It sounds like
I'm already late because the least comesup it expires in September thirty thirtieth,
so I pra have to go toOctober thirtieth or thirty first. And then

(31:38):
from what it sounds like what Bradwas saying is every month that they're late,
I need to start the eviction processand have that done at least you
said three times, right, theten day notice? Wait a minute,
so he has to give out threeten day notices before he can he can
call them chronically late, yes,in order to not in order to have

(32:02):
grounds to not renew at the endof term. And you have what if
he hasn't done it. He hasto now start from now, that's right,
see the purse. You're being avictim that for non payment of rent?
Yes, so that's okay. Solet's not talk about the lease right
now. But let's just say rightnow, are they paid up for July?

(32:25):
No? Are they paid up forJune? Are they paid up for
June? Okay? So you canevict them based on not paying July and
in a few days for not payingAugust, you might. Do you feel
that they're going to have July paidby what is it tomorrow or the next
day? No? Okay? Sowill they have August ready? No?

(32:52):
So then you can file for aneviction for two months of non payment?
Okay? Do I have to waituntil August tenth? I guess? Or
ten days after the beginning August two? Now? Why did you pick ten
days? Did you hear that somewhere? It just kind of my head is
as far as like I thought,I Well, Brad, let's say,

(33:15):
Brad, August, let's say Augustsecond and third or third? Does the
least call for a payment of Augustfirst? Yes, So let's say August
second or third, Neither July hasbeen completed nor August has been done.
Brad, can he file for evictionright then? Or the ten day notice

(33:37):
or whatever? Yeah, when whenthe rent is one day late, then
you can give the ten day noticeand then if they don't pay within that
ten days, that's when you canfile a core complaint for eviction. Okay?
And can they picked? Can canthey come back to you? Hold
on? Hold on, sir,we have to Brad O'Brien seven to zero
three seven zero seventy three eighty eightmore. Coming right up with a sure

(34:00):
thing Denver's Best roofer Excel Roofing dotcom. You don't pay a cent until
you're content. Wait time for aninsurance check up free, no obligation comparison
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find out
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(34:21):
when you choose Frank durand the realestate Man dot com to list your home
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news need so you don't have comeruns as fast as can Shooter's gonna help

(34:46):
come six is the Troubleshooter Show.No Tom Martinez, Hi Tom Martino here,
Welcome to the show. Three allthree seven one three talks seven one
three eight five five Here to helpyou with what we can and we have
a bunch of stuff to talk about. One of the things, you know,

(35:08):
I find it odd and I reallythink about this, if we talk
about things in the presidential elections,if the candidates and the parties talk about
things affecting Americans, they always talkabout the you know, the main the
economy, of course, and theytalk about immigration, right, the borders,

(35:30):
and they'll talk about abortion and reproductiveriots, and they'll talk about what
other issues are hot blends, homelesscrisis possibly that kind of stuff. Right,
Never once in all of the yearsof listening to candidates, Oh,

(35:52):
they mentioned taxes too, right,But do they ever mention consumer fraud?
I have never once. You hearcrime, you know, and defunding police
or not defunding police, but younever, ever, ever, ever ever
hear a candidate address consumer fraud.Well that's because they put under the crime

(36:16):
ban or Tom not really not reallywhen they talk about crime, they mostly
talk about violent crime and they talkabout that, but really, consumer fraud
has always taken a Vactually, noone has ever talked about it yet.
I'll bet you more money is lostthrough consumer fraud than almost any other segment

(36:39):
of life. It's fraud, especiallycyber fraud. Now the closest we came
to addressing consumer legislation. The lastpresident to do that would have been Obama.
With credit cards, you know,late fees and stuff. He did
a little to curb some of that, and payday loans. I think governments

(37:00):
did something, I think on statelevels on the abusive nature of payday loans.
And of course a lot of peoplewould say they're not abusive, and
but what I'm saying is just thetopic. But can you imagine, I
don't it touches everyone, But theynever talk about it. They never say

(37:23):
we're going to go after the peoplewho are scheming your parents and grandparents or
whatever. Maybe it's not sexy andpopular, but it's amazing that they never
talk about it. Do you knowthat. Listen to this. There's this
one couple who had two million,three hundred and ninety three dollars taken from

(37:45):
their account with electronic transfers from anemployee of a bank or an insider who
falsified records and took the money.In the Western it was the US Attorney's
Office that prosecuted this in the WesternDistrict of Missouri. Now, my hat's
off to them that they found thisthirty six year old woman and she pleaded

(38:08):
guilty to bank fraud. But guesswhat, no restitution from anyone, not
from the bank, at least notautomatically. Now that might have to be
a civil case. Who knows shedrained accounts, so no, that wasn't
one couple. I'm sorry, thesewere various accounts they took. She took

(38:32):
two thousand and three ninety three toeighty eight, and she transferred the funds
to herself and her family. Now, fraud like this is not unheard of.
I mean, we get credit cardfraud all the time, fishing fraud,
delivery fraud, I mean, god, there's just so many. It's
like people stay up at night thinkingabout fraud. And we don't really have

(38:54):
a government that takes consumer frauds seriously, really don't. I mean they make
busts now and then like this one, but it's not really up there on
their list of bad guys. Bill, you want to talk about a prenup
what's going on? Oh hi TomLatino, thanks for taking the call.

(39:16):
Yes, Bill, what's going on? Well? My, uh, my
father in law home was owned intrust which was left to his children and
grandchildren. He made a prenup withhis then wife which said that he could
live in the house. She couldlive in the house rent free for as
long as she wanted. The prenupalso stated there would be a set aside

(39:40):
an amount of money that would beset aside for expenses related. Now,
when did the father When did thefather in law die? About three years
ago? Okay, and keep going, Okay, so there's a Now the
big question here is is there's abouta third of that left. And we

(40:04):
want to know is when the thirdof what a third of what left of
the money left it set aside tomaintain the home, you know? And
what does the prenups say? He'sshe could live there for her? Did
it? Was it a life estate? She could live there her whole life?
Well, that's just it. It'sopen ended. It says that when

(40:27):
she leaves the residents or dies,the remainder of such fun shall be distributed
to the Okay, Well, butwhat does it say about her living in
the home as long as she wants, okay, Well, then that that's
as long as she wants then okay. And then during that time there was
money set aside for maintenance, right, correct? And when that money is

(40:50):
used up, does it address whathappens that's the problem. It doesn't,
Well, then it's not a problembecause then she has to cover it,
okay. And I don't see why. I mean, did she make noises
about it. No. As amatter of fact, we're not sure what
she thinks is going to happen whenthat runs out, and we just want

(41:13):
to make sure we have all ourducks in a row or options that we
have Okay. Now I'm not givinglegal advice. I mean I would just
assume if it's not addressed and there'sa maintenance issue, who is the owner
of the home the trust okay,and she is simply living there, what
happens when she leaves? We wouldsell the house and distribute the proceeds.

(41:38):
Is that what the trust says,is that what the trust document tells you
to do. It does yes,says the remainder of such funds shall be
distributed if there's anything left over,and this is from a prenup. The
trust says we sell the property.And how old is she? About eighty

(42:04):
one? Okay, so what isyour concern? What happens when the maintenance
money runs out? Yes, doesthe trust have to continue? You know
what, I don't know the answer. I said she would be responsible,
I mean my gut, but I'mnot sure she would be. I mean
she's like a tenant. Really,she's living rent free. But you,
guys, or the trust owns thehome, you know, let's ask let's

(42:31):
ask our one of our state planningattorneys what he Let's try to get Dan
mackenzie on and let's just figure itout. Bill. We'll try to get
an attorney on to address this again. Somebody might say, well, the
trust owns the house and she's simplyliving there, she should not need to

(42:54):
be responsible. This was the moneyset aside in her name or was it
set aside within the trust? Itwas set aside in trust. So it's
part of the trust that owns thehouse and she is not a part of
any of the trust. Well,then that would tell me that if the
trust runs out of money to maintainthe house, they're going to have to

(43:15):
continue to maintain it. Another way, that's what it would tell me.
Yeah, yeah, see if listen, if she was given money to maintain
the home, given money to maintainthe home, in my mind, it
means that they thought she should maintainthe home, and he was going to
give her a head start. Butif the trust owns the home, and

(43:39):
the trust has money put aside formaintenance, and that money's almost gone,
then I think the trust would doone of two things. They either say
we're not going to make the repairsor maintenance, or we're going to pay
for it. I mean, Idon't see why she would have to because
it was set aside for the trust, not for her. You're saying it

(44:01):
was set aside for her, butit really wasn't. It was set aside
for the trust. It would youset aside to maintain the house, right,
Okay, But that doesn't mean thatthe house doesn't get main The trust
has an obligation to maintain its asset, Yes it does, no matter who's
living there. I mean, whatwould you guys want? How many people

(44:22):
are going to inherit? The proceedsfrom this house's eleven okay? With those
eleven people, and who's the trustee, who's the one in charge? My
wife. Would your wife want thathouse to deteriorate and not be maintained?

(44:43):
No? Okay, I think you'rekind of answering your own question. I
mean, if the money runs out, what do you do. Well,
you're the owner of the house,your maintenance ran out, what do you
do? You you re up it? I mean, you still maintain the
house. Why wouldn't you? Tome, it's more logical than legal.
But I'm surprised the trust did notaddress it. But in the absence of

(45:08):
a trust document addressing an item,it's up to the trustee to make their
best judgment for that. Okay,yeah, I mean what we had.
What were you thinking? The optionswould be that you could start charging her
for it? That would she thenbecome a tenant and then we can say,

(45:29):
well, you have to pay foryour utilities. You have to pay
Well, it doesn't wait wait wait, so the trust was paying for the
utilities too, Yeah, utilities andrepairs. Well, utilities are not okay,
So those what did the person thatdied? What do you think they

(45:49):
actually wanted? Do you think theywanted that person to be able to live
there till they died or as longas they want and pay for that stuff.
What do you think the intention wasjust out of curiosity. His intention
was for us to or to trustto like a stipend of one hundred thousand

(46:09):
dollars for maintenance utilities, SAHOA feesand taxes, you know that kind of
thing. The what he would havewanted was that's hard to say, that's
right. It is hard to saybill. Therefore the trustee has to make
up that. But you can't startcharging your rent if it says she can

(46:30):
live there as long as she wantsrent free. Does it say rent free
not? It doesn't. It justdoes say rent free, specifies rent free.
Then yeah, if you guys wantto get rid of it, here's
what I do. Honestly, Iwould talk to her and see if she
take a cash offer it to getout and move. I mean maybe that

(46:51):
would entice her. Then you guys, can I think it would be cheaper
to keep her. I think itwould and that rhymes no, Seriously,
it would be cheaper because and ifshe wants a cash deal, she's gonna
want part of the equity or something, and I think it's easier to just
pay that. There's not much.There can't be many utilities and maintenance for

(47:12):
her. What is it remounting tohow much is left in the kitty.
There's a third leapt So we gotabout a year and a half before we
have to come to any kind ofa conclusion. Let's let's get one of
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(47:59):
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(48:23):
for an insurance check up free,no obligation. Comparison call Compass Insurance paying
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seven to seven to one. Help. You'll think you're his only customer when
you choose Frank durand the real estateMan dot com to list your home with
Remax Alliance three oh three nine twozero sixteen twenty two. Hi Tom Martino,

(48:49):
you're a troubleshooter. Three oh threeseven one three talk thero three seven
one three eight two five five.We're gonna get into tourney on to talk
about the issue with Bill and hisprenupt find out what's his best course of
action. Meanwhile, somebody texted meand wants to know why can't we use
marijuana or hemp oil for fuel forour vehicles and equipment? Actually, I

(49:16):
don't know if hemp oil. ActuallyI don't know. I don't know if
it can be used. I don'teven know if it's physically possible. Can
you imagine, though, think ofa creative name for a car get runs
three miles to a gall and potmobile. Actually I don't know the answer.
I do know that all kinds ofoils have been experimented with, and not

(49:39):
all oils can be refined into agasoline fuel. Now, as far as
diesel kind of compression engines, I'mnot even sure about the volatility of different
oils. I mean, I reallyam not. It is a good question.
Perhaps we should do we I knowany people that I'm not ordinary mechanics,

(50:01):
I don't think would know that.But I would like to know the
compressibility and combustibility of regular oil.I mean, diesel oil is petroleum based,
and of course they use the compressionin a diesel to fire that off
with a glow plug. Can youfire off any oil? Is my question?

(50:22):
And when I put that open questionout there, that's for everyone,
including even though I hesitate to askmy YouTube morons. Again, you know,
you got to take them with agrain of salt. Most of them.
That is so three ozho three sevenone three talk three oh three seven
one three eight two five five.We'll try to find that out. As

(50:45):
far as the the oils that canbe used for fuel, I really don't
know the answer to that. Andlet's see we got other questions coming in.
Here's one here. Okay, issafer Net still in business? Mark?

(51:06):
Do you know that or not?Yeah? They are. They've had
some struggling issues. I've had afew complaints on them, honestly, do
you know what the issues are?Yeah? So we know a lot about
apps because at one point we werebuilding one. So you anytime Apple or
even Samsung or Google creates a newdownload for your phone, a new operating

(51:30):
system, whatever, new security,they have to rebuild the app and they're
very slow at it. So alot of times the app just isn't working
until they update it. Once it'sall updated, it's fine. But that's
why these app companies, I mean, they have complete divisions that are always
just rebuilding the app because they're alwaysrebuilding the iOS, and they're in a

(51:52):
space that is very competitive and verydifficult as a smaller operator. I mean,
it really is because right now VPNthere's so many of them. And
frankly, I mean I like theguys that say for Net and they do
a really good job, or theydid. I loved it, I had
it. My kids are now older, I don't really use it for them.

(52:12):
But my question is, and thenof course it's not just for filtering
for kids. It's all supposed tobe for a cyber attacks and all of
that. But my question is howdo they stand up to the bigger guys?
I mean, really, is itlike jousting at windmills? Is it
difficult to be competitive in that space? I would say, so, Mark,

(52:36):
what do you think interesting? Isay, for example, like on
Windows, long as you have thenewest version, Windows whatever, and long
as you keep Defender what's built inup to date. I find zero need
for anything in Windows. For Android, I find pretty much zero as long
as you're not dumb or naive andgo for fishing scams, which a lot

(53:00):
of those things aren't going to helpyou with anyhow, and then yeah,
if you fall victim to those,you're absolutely right. And same with iOS,
so long as you keep everything updated. I'm not a big fan of
Norton or McAfee. I think they'rea complete ripoff at this stage. But
that's about it. Okay, Sowhat do you think? And again I

(53:22):
don't use them. We have ourown algorithms and all of that. I
don't want to get into that rightnow. But trading applications, trading apps,
they're not talking about like a merrittrade. They're not talking about that.
They're talking about apps that tell youhow to trade and what to buy
and what to sell. Have youever looked at those? Mark No,

(53:43):
we had. I think she passedaway unfortunately, or at least she retired.
But we had a lady that didreverse mortgages forever. Oh no,
she didn't pass away. Oh good, So Joan's still there. She just
retired. So what was remarkable,and this is going back about five years.
She had a subscription to this appand I watched it and I was
really impressed by it. And itwould tell her what to buy and when

(54:06):
to sell constantly, So she wouldlog onto her Ameritrade account she really yep,
she'd get through an app okay,sell this amount of this, this
amount of this really yep, justconstantly and it did not well. You
know, I wonder if anybody hasused a trading app. Now, now
again, I'm not talking about aplatform, but something that really tells you

(54:30):
what to do. I've always believedthat you can't really, I don't know,
you can't really tell someone what unlessyou're just picking stocks. That's a
whole different thing, right Anyway,Three oh three seven one three talk.
I'd love to know, and sowould this uh this texter And by the
way, you can text me aswell. Seven four seven nine nine nine

(54:53):
fifty two eighty. That's seven fourseven nine nine nine fifty two eighty.
I'd to know your experiences as wellwith trading apps. Now we're waiting to
get our estate planning attorney on aboutthe prenup to see what do you do
when there's holes in it? Doyou go to the trust document? If
it doesn't address it, what doyou do? And then we're also waiting

(55:15):
on any kind any kind of experienceyou may have had with a trading app.
I'm Tom Martine. We have morecoming right up. Go with a
sure thing Denver's Best roofer Excel Roofingdot com. You don't pay a cent
until you're content. Time for aninsurance checkup free, no obligation. In

(55:39):
comparison, call Compass Insurance paying toomuch your coverage at dozens of insurance companies
find out now three O three sevento seven to one help. You'll think
you're his only customer when you chooseFrank durand the real estate Man dot com
to list your home with Remax Alliancethree three nine two zero sixteen twenty two.

(56:01):
Hi, Tom Martino, your troubleshooter, and I do have some people
that use some trading apps. We'lltalk to and then we have Bill waiting
for our estate planning attorney one ofthem to talk about the prenup. And
let's talk to Bill on the commenton the stock market. Go ahead,

(56:22):
Bill, what's going on? Hey, I haven't used no app. I
think I called you before on this, but I watched the stock market shows
on TV at like Cramer particularly.Yeah, and I took about one hundred
it's been about ten years. Itook one hundred thousand dollars and I got
about seven hundred and fifty right now. And it took ten years. Yeah,

(56:44):
pretty much. Wow. What didyou do Bill? In general?
Mostly buy and hold or did youdo a lot of trading? Yeah?
Took his recommendations and then like youknow, I bought Apple when Apple was
super dup a cheap, Yeah,Google when it was dirty, you know,
all the big names when it wasreal cheap. And what do you

(57:07):
do now? Bill? What doI do now? You wish you were
doing nothing? No, I'm talkingabout with your money. It's just sitting
there. Again, I'm just atiny bit older than you, and I'm
pretty sure i'll be seventy three nextyear. And you know, if you
think about it, to dal Jonesten years ago was sitting around sixteen seventeen

(57:31):
thousand, Tom, Now we're atforty thousand. If you if you didn't,
if you did an indexed fund,you'd do pretty well just in an
index fund. Well, I'm goingto change to that. But see,
you know, when Trump was inoffice, was going up, up,
up, I'd even have more ofTrump still was in office, and when

(57:52):
Biden took over, it kind ofdropped. Well, it really didn't drop
with Biden, it dropped for becauseof cod and it, to be fair,
the stock market's been doing you lookat I'm not making a political statement
here, but the stock market hasbeen doing fabulously except for one year under
Biden, right right, I guessso. But but on the good year,

(58:15):
it did have the really good yearlike twenty three were there are only
two two rallies that remember they thoughtwhen Trump won, they thought it was
going to tank, and it openedlike eight nine hundred lower or even more.
I forget, but it was ridiculousand within. I think that first
trading day after the election, man, it skyrocketed, but everybody was like,
oh, if he wins, it'sgoing to tank. Yeah, and

(58:37):
you know the I mean, we'reresilient as far as a country goes,
and and the stock market does somewhatfollow politics, but not as much as
we think. On with you?What's that? Am I still with you?
Yes? You are. Do youknow when do we have to start
taking a mandatory withdrawal? Seventy two? It's a year turned seventy three,

(59:00):
right, I thought it was yeah, okay, that would be after this,
but after your seventy second birthday,I believe, Well, no,
they changed it to seventy three.I think they just changed it recently.
Okay, I didn't realize that.I know it was earlier. But in
any case, you have to takea certain percentage, even though the percentage

(59:21):
is already laid out, I don'tknow what it is either. Well,
my money's in stocks, but isit what You only have to take mandatory
retirement if it's in a qualified fundwhere taxes have been deferred. That's the
reason you have. What's that?Mine is? I'm at Vanguard. It's
from when I worked it was.It was a four to one, and

(59:43):
I rolled it over to an IRAso I could open a brokerage account.
Okay, so your four oh oneK or your tax deferred it has to
be taken out at seventy three.But it's only for the part of it
that's tax deferred, right, Andand that's all of it. You have
a retirement account, right right,All of it is tax free right right,

(01:00:06):
or tax deferred right. And soI just wonder because I know I
have to start getting ready to dosomething. Yeah, yeah, but you
know you don't have to take outmore. But but do you live on
Social Security? I get social Securityand a pension. I'm retired from excel
Okay, and what did you dofor excelo plants? Okay? All right?

(01:00:29):
Bill? By the way, onlyone thing I disagree with you on.
And you said, I asked youwhat you were doing, and you
said what I wish I was doingnothing. I don't understand what. I
will never want to stay at homenow. No, I will never do
not same way. I mean it'son bored because I will never do nothing,

(01:00:52):
never do nothing. In fact,I'm working on an entirely new career.
I love, I love working andhaving fun. Now, obviously you
know I don't want a toil.I mean, obviously people don't want to
be stressed out the rest of theirlives and all of that. They you
know, they want to have morecontrol, I would say, and that
is what you enjoy. You havecontrol. You can go to work if

(01:01:15):
you want or not if you want, and that's a good thing to happen.
Right, No, I don't wantto work. See, my wife
just retired, so we're ready todo with I told you before about them
moment. Well, then you shouldbe a deputy if you want. Meaning
yeah, but I've got yeah,what what do you do? What do
you What do you do all day? Tell me what you do? Nothing?

(01:01:36):
But I got certain nothing? Iknow, No, it's impossible to
do nothing. What do you doall day? Nothing? Well, where
do you do you sit? Doyou stand? You walk? What do
you do? Sit outside and watchthe neighbors and let them entertain me?
Geez, fight fight with my wife? Didn't watch TV? What a great
life? Yeah? Absolutely defines nothing. Right, It's well, COVID kind

(01:02:01):
of screwed everything up. See whathappened with me was I stopped working and
I worked a lot of overtime.My kids grew up. Yeah, the
way to college. Everything everything endedat once. I see what you're saying.
Yeah, so and then and thensee we thought, see my wife's

(01:02:22):
family is his homestead, as allof them. And I'm the one that's
called you up about out there byRaymond and stuff out there, and and
we thought we were going to endup out there. Well the ants sold
it. Well, listen, Ihave a very silly question. What gives
meaning to your life? Billy?Well know I'm asking. That's just you

(01:02:47):
might hear me, so I can'tsay too much. Well, you know,
I like doing stuff. I gotlots of hobbies. I like to
shoot guns, not to kill people. I just like shooting them. Uh,
you know, I don't know.I really wanted to travel, and
then Cole was screwed everything up.Okay, okay, travel, Okay,

(01:03:09):
that's cool. Well, thanks Billfor calling. Always appreciate you listening,
man, And I, just likeI said, every now and then,
want to dig a little deeper thanthe normal call. Now we have another
Bill on the line too, waitingfor the prenup answer. Hey, Kachina,
talk to me here. We estateplanning. We don't have any of
them available, Well, let's getone of them. Man, let's get

(01:03:30):
one of us. Sorry, let'sget one of them on We got more
right after this, go with asure thing Denver's Best Roofer Excel Roofing dot
com. You don't pay a centuntil you're content. Time for an insurance
check up free, no obligation.In comparison, call Compass Insurance paying too

(01:03:54):
much your coverage at dozens of insurancecompanies find out now three out three seven
to seven to one. Help.You'll think you're his only customer when you
choose Frank durand the real estate Mandot com to list your home with Remax
Alliance three all three nine two zerosixteen twenty two. Hi Tom Martino,

(01:04:15):
your troubleshooter three oh three seven toone three dog three oh three seven one
three eight two five five. Okay. We have Dan McKenzie from McKenzie Law,
and he does a state state planningkind of you know, law for
trusts and wills and all of that. And Dan, I got a question

(01:04:38):
for you here. If a trustdoesn't address a specific item, how do
you handle it in general or specifically? What would you do? But here's
here's the situation. There is atrust that Bill's wife is involved in,
and it's for the siblings and forthe relatives, and it's the the father's

(01:04:58):
estate. When he died, hewanted his then current wife to live in
his home for as long as shewants. And he has the home in
a trust and she is to livethere rent free for as long as she
wants. Okay. Now, thenext thing the trust did was set aside

(01:05:25):
money in the trust to pay formaintenance and utilities. Bill, does it
also pay for taxes and all ofthat? Does that come out of there?
Or how our taxes paid? Bill? Taxes are paid out of that
as well? Okay? So inother words, it's really to upkeep the

(01:05:46):
house, the expenses of the homewhile she's living there. Correct, And
it is a specific amount that willbe exhausted by the end of next year.
What happens, Dan, if thereis no provision to re fund that
money or to you know, toput more funds in there for the home.

(01:06:10):
Does the trust, because the trustowns the house, it's I would
imagine would still have to do itall anyway, right, I don't know,
what do you think, Dan?Yeah, if it's not possible,
that is kind of an ambiguity inthe trust and sometimes those can be revealed
over time like this one is.And in that situation, if the parties

(01:06:31):
can come to some sort of agreement, there is a statute that allows you
to do that. You could youcould all meet and agree on something,
which would be probably the best wayto go. It's not always possible,
obviously. If it's not possible,then the trustee might want to ask the
court or guidance. You apply tothe probate court, you petition and say,
look, here's the situation. Ineed guidance on what to do.

(01:06:54):
Here's hey, Dan, could youactually meet as a trust You got the
trustee and you got like eleven beneficiaries. Okay, one of them is the
trustee. Can they actually vote toa victor since she's a beneficiary not I

(01:07:14):
would be real cautious about doing that. It's a trustee because you do have
to have her interests in mine too. And usually this private agreement that I
just mentioned usually involves all beneficiaries.You can't have part It's got to be
kind of the challenge to get thismany things. Well, she is a
beneficiary by living there, She's nota beneficiary that'll split the money. But

(01:07:34):
she is a beneficiary, so youcan't just aser out. But could you
agree to ask her to pay rentor at least the expenses or not if
she agrees to that, I meanshe should see the situation and understand,
like, hey, if we goto court, the court might say,
look, this trust can't do thisanymore and it's done, and then she

(01:07:56):
doesn't have anything right, So itmight be in her interest. The best
thing is communication first bill. ButDan McKenzie is available at eight three three
co Plans eight three three co plans. He is local. That's just a
great number to remember, or coplansdot co. We have more coming up
on the Troubleshooter Show. Get yourcalls in right now three oh three seven

(01:08:16):
to one three talk and of courseyou can call three oh three Martino twenty
four to seven. Go with asure thing Denver's Best roofer Excel Roofing dot
com. You don't pay a centuntil you're contenth Please time for an insurance

(01:08:36):
check up free, no obligation comparisoncall Compass Insurance paying too much your coverage
at dozens of insurance companies find outnow three oh three seven to seven to
one help. You'll think you're hisonly customer when you choose Frank durand the
real estate man dot com to listyour home with Remax Alliance three oh three
nine two zero sixteen twenty two.Ripped of need advice, so you don't

(01:09:08):
have come running Just as fast aswe can. Shoot's gonna help come Dix
is the Troubleshooter Show. Now,Tom Martino, Hi, Tom Martino,
you're troubleshooter. Three oh three sevenone three talk seven one three eight two

(01:09:29):
five five. What's in your problemsack? What do you need solved?
What pisses you off? Give usa call and we'll try to help you.
Three oh three seven one three talkthree all three seven one three a
two five five. I've been askingfor trading apps. Boy, I got

(01:09:53):
a lot of suggestions, like alot of suggestions, and really the ones
that keep coming up. Something onRobinhood. They have a lot of tools.
Now most of them do not actuallyselect the socks, but give you
suggestions and recommendations. Td Ameritrade,they said, has one e trade fidelity.

(01:10:15):
We bowl provides free trading with advancedcharting tools. See these are platforms
again, but there is a roboadvisory self directed trading tool called m one
Finance morning Star. While not atrading app exams, it has extensive research

(01:10:35):
and analyzes tools. And then youhave trade Station, which offers a lot
of tools. Now here's the deal. Okay, everyone in the world thinks
of the greatest trading trader in theworld. And look, if you just
did nothing but bought and hold,you'd probably do pretty good over the long

(01:10:56):
run. It's when you take therisk versus time that really gets into the
problem. If you don't have along time horizon, the shorter time horizon,
then the harder it is. Butwhat I really hate is when people
think they have the magic sauce andthink this is it, this is it,

(01:11:16):
because nothing works all the time.It just doesn't. Even fundamentals don't
work all the time because stocks don'talways trade on fundamentals. I mean,
it truly is a very difficult thing. I mean, it really is.
It really really is. Sometimes you'relucky, by the way, and sometimes
you pick some good stuff based onfundamentals. On other times it's not fundamentals,

(01:11:40):
but it's based on cyclical things likeyou know, like the defense stocks,
and I don't mean national defense,but stocks that tend to always maintain
during a decline in the economy.You have, of course food and even
tobacco and drugs and pharmaceuticals and stuff. They tend to be insulated a bit.

(01:12:01):
And then you have those that stepup during recovery, building supplies,
things like that. You know.So people try to get ahead of it,
they try to look at indicators andaccordingly, but the real issue is
not how you is, not whereand how you trade, but who you

(01:12:23):
trust, because truly the industry isriddled with people who don't do anything,
and they basically just I don't knowif lies a good word, but the
industry takes people's money and they purportto invest it, but they really don't

(01:12:46):
invest your money. They place yourmoney with bigger broker dealers who invest your
money and then they try to takecredit for it on the upswing and on
the downswing they say, well,you know, that's the market. And
they really don't do much. They'relike a middleman there that just collects a
fee and then pays part of thatfee to somebody up above them to try

(01:13:11):
to do the job for them.Okay, we had a text after we
had some estate questions in the onewoman who had a life estate. By
the way, a life estate ingeneral normally means you have a life of
state to something. Normally it's usedwhen it comes to housing. So this
man had a home before he metthe woman married her, probably a second

(01:13:35):
or third wife, but he wantedher to live in the house for the
rest of her life and then afterthat leave it to let the trust dissolve
it. So that's a life ofstate. It doesn't necessarily have to be
called that, but that's basically whatit is. Someone wanted to know in
this text. Can I totally ifit's my money and clearly my money,

(01:13:59):
can I disinheit a spouse? CanI just leave most of my stuff to
someone else? I mean, it'smy money and there was no divorce,
So can I just do what Iwant with my money? The money I
had before marriage. Let's say allof the money came before marriage. You
marry your second wife or even yourfirst whatever, all your money came before

(01:14:23):
you met your wife. Let's say, can you disinherit them? The answer
is no. In Colorado, youmust leave five percent to them per year
of marriage, even if you're separated. So it's five percent per year of

(01:14:44):
marriage to a maximum of fifty percent. You absolutely must leave to your spouse.
The only way to get around thatis with a prenup. So to
answer that question question, you candisinherit with a prenup. Without a prenup,

(01:15:04):
you must leave at least five percent. So what does it mean then
if you married and you were withsomeone for twenty years and divorced, the
divorce settlement ends all claims to theestate, Well if it does, which
most of them do, which meansyou have no further claim to the estate

(01:15:27):
for a husband or wife because thedivorce settlement is supposed to take care of
that. But any new spouse aftera divorce would then start counting year,
one, year, two, etcetera, et cetera, and it would
be five percent per year in Coloradoup to fifty percent. So that's the
answer to that question. And wealways seem to have lingering questions when we

(01:15:50):
have Dan mackenzie on as far asa trust, can you simply dissolve it
and not do what the trust wants? Technically you can in certain circumstances.
For example, if all beneficiaries agree, then you can forego the trust.

(01:16:13):
If all beneficiaries and the trustee agree, they can make a plea to the
court to dissolve the trust because noneof them is being screwed out of anything.
So in that case, you don'thave you don't have to go by
the terms of the trust. Anda trust, of course, is something

(01:16:35):
that basically survives death. That's whypeople have trusts. So if you have
a trust that owns things, forexample, that trust still owns those things
through your death, and then it'sup to the trustee to handle the affairs

(01:16:56):
of those items based on the instructionsin the true trust. And again that's
for the trustee and for the trust. If you're a beneficiary, they can't
issue out of it without your approval. Now, some people do a poor
man's trust and it actually works prettywell. And again I would do nothing
like this without any without certain inputfrom your attorneys, but I call it

(01:17:20):
a poor man's trust. You canliterally own things within LLLC. Now,
the LLC can be owned part byyou and others, and then the LLC
will survive a death even if you'repart of that LLC, and then your
share can go to whoever you designateit to, and then they become an

(01:17:44):
owner of the LLC, but theLLC could own property, and that property
would still be owned by the LLCto be dealt with. Like the LLC
document instructs, it's a partnership agreementthough for of a better word, a
limited liability company. So a limitedliability company can kind of serve as a

(01:18:05):
poor man's trust and do essentially someof the same things. Now, there
are reasons you would want a trustand not an LLC, but again that's
not for me to talk to youabout. That's for an attorney like you
know McKenzie Law Dan McKenzie or Keeland Park. We have good people on
a referral list that can help youwith that. But that's really some of

(01:18:27):
the things you should consider. Now. I want to I want to talk
about some stuff here that is reallyimportant, okay, and that is when
it comes to credit cards. Youwill not believe what they're using now to

(01:18:48):
help evaluate customers for renewals and forinterest rate changes. I'm going to go
over that coming up. They actuallylook at something you're you're gonna find a
little shocking, but it's being done. Three oh three seven one three eight

(01:19:09):
two five five. Compass insurance group. By the way, we'll do your
insurance comparisons to make sure you're notpaying too much and that you're not under
insured or over inshort three oh threenine nine six nine thousand, Go with

(01:19:29):
a sure thing Denver's best roofer ExcelRoofing dot com. You don't pay a
cent until you're content. Time foran insurance check up free no obligation comparison
call Compass Insurance Paying too much yourcoverage at dozens of insurance companies find out
now three oh three seven seven toone help. You'll think you're his only

(01:19:49):
customer when you choose Frank durand thereal estate Man dot com to list your
home with Remax Alliance three oh threenine two zero sixteen twenty two. Hi
Tom Martino, your troubleshooter three ohthree seven one three talks seven one three
eight two five five. If youhave a problem, call us no matter

(01:20:12):
how early you are in the stages. You can also text me, and
I've gone a few texts here andyou can text my private Google number or
this station number first of all,the iHeart number that people text and you
put my name in the subject line, it'll get to me. Or somewhere
in the text it's five seven seventhree nine short code five seven seven three
nine my Google number seven four sevennine nine nine fifty two eighty. Hey

(01:20:39):
Tom, can I give a shoutout? Go ahead, sir. I
went to this Italian restaurant. It'scalled it reminded me because of a kachina
over here. But the name ofit is Calorie, just plant Calorie,
and it's on a Yale and Broadway. The food was fantastic, reasonably priced,
good service, and so glad I'vefound it. Now if I want

(01:21:00):
a good Italian meal, very good, very good. There are quite a
few really good Italian restaurants. Man, that's a very popular food. I
think Italian and Mexican are right upthere in the two most popular restaurants in
the Denver metro area. Okay,So I want to talk about credit cards.

(01:21:21):
So credit cards now, credit cardcompany, and I say, now,
it's been a few years, butthey're really starting to use spending habits
based on what you charge to alteryour rate. So sometimes you get an

(01:21:42):
increase in rate or an increase incredit. Sometimes, very rarely you'd get
a decrease in credit line. Andyou sometimes can get a decrease though in
your rate or transfer balances or whatever. Part of the risk algorithm the risk
factor, and it's not just somuch risk. But in some cases,

(01:22:06):
how do I put this, it'sa way to social engineer. That's the
only way I can say. Sothey look at purchasers and what they're buying.
For example, you may be ahigher risk client for no other reason

(01:22:30):
than what you buy or what youpay for. And I'll go over those
specifics, but I'll give you anexample. Let's say you buy things that
are politically incorrect, or you buythings that are considered risky behavior. What

(01:22:54):
would that be a lot of sextoys. I'm not kidding you. They
don't tell you this. They justhave an algorithm that scores you based on
what you buy. They have evengone so far as people who buy motorcycle
parts and black t shirts and motorcyclegear to consider them a higher risk because

(01:23:17):
of maybe a risky hobby, orpeople who do exotic sports. They also
look at things that could spell badbehavior. Things you might buy. I
don't know if they mean whips andchains, but basically they have various algorithms.

(01:23:39):
They will never tell you, butcredit insiders are saying that they will
look at what you are buying andthe amount you are buying in order to
rate you. How about supplements ormaybe crazy health things. Your credit card
not only shows what what you paid, but what you're purchasing. So no,

(01:24:02):
that's another way that they can spineyou, and there's nothing you can
do. Nothing. Now they're evenselling data. Now they can't sell what
you bought exactly, but they canscore you and share what they believe from
their algorithm you present as a riskto other companies. There are people who

(01:24:27):
are even saying that car insurance companiesare buying some of this data to see
what you purchase, to see whatkind of a person you are. I
don't know how far they go,folks, I don't know. This insider
said they go farther than you mightthink. So what if you buy a
lot of political stuff for one partyor another? Does that matter? It's

(01:24:49):
amazing what technology has done to ourworld. So if you really want to
be invisible, you're gonna have tostart doing cash, and you're gonna have
to start doing a lot of things. There are actually companies now, oddly
enough, they're online telling you howto erase yourself from technology. Do you

(01:25:12):
think that might be a popular thing, learning how to erase yourself? Think
about this. If you have akid, you can teach them from an
early age how to erase themselves ifthey never start. Would that be cool
or would that be harmful? Doyou think let's go to Chris By They
I mean john Pamela, Pamela,you have a question on moving companies.

(01:25:33):
Go ahead, pam what's happening?Yes, I live in Windsor Gardens here
in Denver. I'm going to bemoving from one building to the next.
It's literally next door. And Ilooked on your referral list and I didn't
see any moving companies, and Ijust kind of wanted to know, you

(01:25:56):
know some dudes and don't and see, Okay, well, first of all,
get a real moving company. Firstof all, get a real moving
company. But we do have movingon our referral lists. Nope, we
do not what Nope, we donot. What happened Mark, Well,
I don't want to get into itnow, but we just don't have one.

(01:26:16):
But I do like Johnson Storage andMoving for sure. They've been around
for usk is move Masters. Wehave used them so many times and friends
and family they had DOC like semi, im just okay, we can give
you personal experience, then that's good, you know, Mark, is it

(01:26:38):
safe to say? Is it safeto say for everyone listening except for Johnson?
I swear to god they've been aroundone hundred and twenty five years.
But is it safe to say thatwe can't depend on movers to stay the
way they are? I mean,I would that be a good statement or
not that would be okay? Oris it some that just decided not to

(01:27:00):
be on the referral list anymore?I mean, really, what do you
know? It was promise after promise. Okay, I definitely wanted to be
on the referral list, but itgets to a point where it's six months
down the road. I've had it, Okay, So people, if we
have problems, Mark really looks intothese problems. Okay, just let me

(01:27:20):
tell you that. And we don'ttake it lightly. So I guess there's
a reason right now we don't havethem. But what's the name of that
one? Docs? And then Johnson. You'll never go wrong with Johnson never
Now, they've been on my referrallist. They were on my referral list

(01:27:40):
for years and truly, I don'teven know why they're not on anymore,
you know, I mean, frankly, they probably don't need it. I
mean, without sounding crazy, Imean, that's probably it. They they've
just been around for so long theydo a small job like that. Tom,
Yes, they will. Yeah.And there used to be a family,
the Grabel family. Now they soldout, but god was that a

(01:28:02):
good company too. They were onthe referraless years ago. And anyway,
I don't want to get I don'twant to get too specific on ones that
used to be on there, becausethere are some that used to be on
there that we will not recommend.But Pamela, here's the most important thing.
Guaranteed not to exceed contract. Didyou hear me? Okay, that's

(01:28:23):
all. That's all you need,guaranteed not to exceed and not an estimate,
but a contract. And uh okay, it's the best way to do
it. And then if you buyinsurance, you buy insurance directly and verify
you have it. Three oh threeseven one three eight two five five.
Chris, you have a question onclosing an IRA. Go ahead, Chris,
what's going on? Hey? Tomonline seventy two years old, and

(01:28:48):
I have a traditional IRA that onlyhas twenty eight thousand dollars in it.
But I need the money, okay. So I can't, for the life
of me figure out how much taxis going to be taken out as any
or how to do this? Okay, okay, hold on, who do
you have it with right now?Pro price? Okay? And is it

(01:29:12):
earning money where you don't you don'twant to catch or do you want to
cash it all out? I wantto cash it all out. In twenty
years, I've made eighteen thousand dollars. Yeah, that's terrible. Okay,
so listen. So with tax deferral, that's really terrible. But then on
the other hand, you're not goingto have a lot of tax to pay.
Oh wait wait no, this isan IRA, so you're you're gonna
have to pay on everything because nowwhat what you will do is just pay

(01:29:35):
on how much you take out.It's it's going to be that simple,
and it's going to be based onordinary income. Unfortunately it's not capital gains.
But you have to be in alow class right now, as far
as income, what is your income? I only have self security twenty three
hundred dollars a month. I'm tryingto live on okay with the mortgage okay,

(01:29:58):
but okay, you're gonna pay youknow you're gonna pay about twenty percent.
Well, here's what you do.It's very easy. Just withdraw it,
close it, no matter what you'regonna pay the tax on it.
You'll get a ten ninety nine andthen you'll pay tax accordingly when you fill
it out. Or do you needto know how much of it you can
spend? Some of them will onlysend you a certain amount and withhold tax

(01:30:21):
anyway, But are you I'm suspectingthat they're going to ask me if I
want and withhold tax at the getgo? Will okay, I'll tell you
what. Let me get hold on. I want to get someone on for
you, Hey, Kachina, Let'stry to get Eric on from Atlas CPA,
or we'll get Mallory, one ofour accountants on to give her some

(01:30:42):
general guidelines. You hang on andwe'll we'll do that for you. Chris,
right, yeah, hang on threethree seven, one, three eight
two five five. Keith has anissue with a neighbor and we're going to
get to you. And also Frankwants to talk about eye doctors. Now
that's easy for me, I mean, because there aren't that many around them.
I would recommend pro bid energy foryour solar needs. Probid energy dot

(01:31:04):
com, including commercial systems with grantsor residential probid Energy dot com. Go
with a sure thing Denver's best rooferExcel Roofing dot com. You don't pay
a cent until you're content. Timefor an insurance check up free no obligation

(01:31:29):
comparison call Compass Insurance paying too muchyour coverage at dozens of insurance companies find
out now three oh three seven sevento one. Help. You'll think you're
his only customer when you choose Frankdurand the real estate Man dot com to
list your home with Remax Alliance threeoh three nine two zero sixteen twenty two.
Hi Tom Martino, your troubleshooter threeO three seven one three talks seven

(01:31:51):
one three eight two five five.So this question is really one of math.
But I have Eric Reinemran from atlascpa'sAtlasfirms dot com, Atlas CPAs and
Financial Advisors for a reason to talkabout the payment. Chris is seventy two
and I believe you said you haveseventy two grand in an IRA and you

(01:32:11):
want to you want to cash itout. Your other income basically amounts to
twenty three one hundred bucks a month, which is roughly roughly twenty seven to
six a year. And the wayI understand that, mathematically speaking, Eric,
eighty five percent of that is taxable. And along with her, to

(01:32:34):
make a long story short, alongwith her seventy two thousand dollars IRA,
she'll have income that year, youknow, of approximately ninety five grand,
and going by the tax brackets,her tax might be math speaking, only
sixteen three. And that's what I'mseeing here, so that would give you

(01:32:59):
a net of about fifty five toseven. But having said all of that,
Eric can correct me if I'm wrongon that really quick math. But
having said all of that, whendoes she pay that? That would get
paid when she filed twenty twenty fourtaxatur and come April. So if she
draws it out now, then shehas to pay that tax before April fifteenth,

(01:33:25):
that's right. And also it mightbe wise to consider if it could
somehow be drawn out not allt aonce, but like push something into January
twenty four, just to avoid higherbrackets. So in other words, she
can choose to cash half of it, now and half of it later or
over five years. It's really acash flow consideration on how big the need

(01:33:45):
is. But why bundle a bunchof taxle income into one year if you've
got lower other income. I wouldspread it out as much as you can.
Chris, what about that? Youreally what do you need the money
for house repairs and stuff? It'stwenty eight thousand. I'm seventy two years
old. It's twenty eight thousand dollars. It's just been sitting out there forever

(01:34:11):
not doing it. Oh, I'msorry, it's not seventy two thousand.
Correct, I'm so sorry. Okay. The only income I have is my
Social Security Okay, I'm sorry.I want to redo that math. But
okay, I don't know why.I guess I got the seventy two mixed
up because how old you are?So Okay, So here's the bottom line.

(01:34:33):
It's still the same, I meannot the same. You're gonna pay
way less than taxes, but you'restill gonna pay taxes. So you're gonna
have a total income of about fiftygrand or so, you're going to pay
about sixty six hundred taxes basically,So you know, take twenty eight grand.
You're gonna have a twenty one thousandor something like that. Is that

(01:34:55):
going to be enough? I don'tunderstand the why pay now and then pay
the next here? What difference?Well, what he meant was this,
you're in a bracket. Go ahead, Eric, explain it. Yeah.
So Chris, this income, itjust gets added to your other Social Security
income and you don't have to payYou don't have to pay ultimately until you

(01:35:16):
file your tax return in March orApril. That's when you pay the taxes
when you file your twenty four topturn this right, you could? But
also I'm just saying, Chris,if you could somehow not need all of
that right now, you pay lesstax. If you could divide it up
and maybe do half now and halfin January to push it out, to

(01:35:38):
not be pushing at your income intoa higher bracket. Oh oh I see,
Okay, Yeah, because you're soclose to the end of the year,
if you take fourteen grand now andfourteen grand in next year here,
yeah, your total tax may beless than the sixty six I could do

(01:36:00):
that. Yeah. And the thingis, Chris that if Chris, if
you have that little other income isSocial Security, you probably are you file
a single just yourself tax per tenSo the first thirteen thousand or so of
your income is tax free anyway,So you might even owe less taxes because

(01:36:23):
your first thirteen thousand is only well, it's tax free, and you at
that level of income, you mightnot even pay eighty five percent on Social
Security because the less you're twenty fiveto thirty, you might only pay fifty
percent. You know, it's asliding scale thing. You're right, okay,

(01:36:45):
so you know what if you spreadit over, He's right that eighty
five percent of tax on a SocialSecurity is only if you go over a
certain threshold. Otherwise you don't paythat eighty five and you don't count eighty
five percent tax is taken out ofmy self security every month. Yeah,
but that that's not what we're talkingabout. We're okay, I understand what

(01:37:11):
you're saying, but it's still figuredinto your total taxes what we're saying.
Okay, that, but however,I believe I believe that you would be
better off doing it over two years. What they're saying is it's not that
much more. But they're saying yourtax each year would be about you're going
to look at a total savings ofabout six hundred dollars. From what I'm

(01:37:36):
seeing here, I did some reallyquick. Man. Again, you might
want to do the number fourteen nowand the other fourteen sometime next year.
Well you do it. You cando it right after the first and get
so you effectively have your twenty eightgrand, and then before the fifteenth you
pay your your your one bill rightof three thousand something, and then before

(01:38:00):
April fifteenth of the following year,you pay the other three grand. Okay,
so you're basically gonna save about fourto five hundred bucks doing it over
two years. O take it allright? So thank you. Eric Reinemer
and Eric Is with Atlas CPAs andFinancial Advisors. Three oh three seven nine
nine nine one one one. Let'stalk to uh Frank about his uh he

(01:38:26):
needs an eye doctor or an eardoctor. I'm sorry, an ear doctor.
What's going on? And is itan ear doctor or are you talking
about hearing aids and audiologist? Frank? No, I need an ear doctor.
My ears are ringing and it's drivingme nuts. Okay, how long
have they been ringing? Frank?That's a great question. No, seriously,

(01:38:49):
how long have you been suffering?From it, I would say they've
been my ears have been ringing abouta week. Oh, a big problem
is I'm not sleep Wait a minute, it just suddenly came on. Yes,
did anything else happen during that weekat all? Any noises or any

(01:39:11):
infections, any sinuses, anything youcan think of. I'm the most healthy
ninety four year old person. Ohmy god in heaven, you're the healthiest
ninety four year old. You're givingme inspiration. But let me ask you
this. So you basically woke upwith it or went Just tell me how
it came on. The thing isthat you go to sleep, but the

(01:39:33):
whatever time when you wake up atwhatever time, right, and suddenly I
realized, Hey, I am notsleeping all damn night. Well it's been
going on for a week where Ihave not swept well. Last night,
for example, I did not sleepall night. The ringing in my ears
will now But what came first?The not sleeping or the ringing? The

(01:39:57):
ringing? Okay, because you know, you know it's called tenetus, right,
Yeah, I've heard the war tennisisI don't and really okay, the
sudden onset. Sudden onset could beanything. I mean, it could be
high blood pressure. It could bea build up of earwa wax or anything.

(01:40:20):
So you're right. What you needis what's called an E N T.
Yes, whatever that is, EM E N T ear Nose and
throat doc. Where does he finda good What are you on any particular
plan? Well? I have Medicare, of course, but are you on

(01:40:43):
but do you go to any particularprimary care? I don't even know what
that means. I'm so damn healthythat I don't see I think very little
doctors. Okay, so you don'thave all right, Okay, I can
tell you that you just need tolook up. I mean, I look

(01:41:06):
at I've used in the ant thatI love. I don't even know if
he's still practicing. But here's thepoint is that you need to find and
that's what you need. And ifyou if you don't have, if you
had a primary care, they wouldrecommend one to you immediately. Okay,
So that's what I'm getting at.So you don't you can't think of you

(01:41:28):
like the last time you went.You're supposed to designate a primary care physician
for your plan. Do you haveone? Don't know what that means?
Okay, hold on, we'll getyour recommendation. Just hang on, we
got more coming right out. Gowith a sure thing Denver's Best roofer Excel

(01:41:50):
Roofing dot com. You don't paya cent until you're content. Time for
an insurance check up. No obligationin comparison, call Compass Insurance paying too
much your coverage at dozens of insurancecompanies find out now three all three seven
to seven to one help. You'llthink you're his only customer when you choose

(01:42:11):
Frank durand the real estate Man dotcom to list your home with Remax Alliance
three all three nine two zero sixteentwenty two. Hey Tom Martino, your
troubleshooter three A three seven one threetalks seven one three eight two five five.
Okay, hey Frank, listen man. All I can give you is

(01:42:31):
someone I dealt with when I firsthad the onset of tentatus. Okay.
Mine came from an infection. Iwas never able to get fully rid of
the tenetus. I've treated it successfullyand it can you can get a lot
of help, Okay, but Istarted with an ent Now. I can't
tell you these people are even thedoctor I dealt with or anything is still

(01:42:56):
there. But there's there. It'sa great clinic. It's called Colorado e
NT Specialists. Okay, are youthere, sir, Yes, sir,
I'm here. The number is thenumbers three oh three seven five zero eighty
six hundred start there eighty six noseven five zero eight six zero eight six

(01:43:26):
zero zero. Can you Kelly?Can you make sure he gets that seven
fifty eighty six hundred. We havemore coming right up. Go with a
sure thing Denvers Best Roofer Excel Roofingdot com. You don't pay a cent
until you're contenth time for an insurancecheck up free, no obligation comparison call

(01:43:47):
Compass Insurance paying too much your coverageat dozens of insurance companies find out now
three oh three seven seven one help. You'll think you're his only customer when
you choose Frank durand the real estateMan dot com to listen your home with
Remax Alliance three oh three nine twozero sixteen twenty two. Yeah, ripped

(01:44:10):
up news. You need advice?Who you don't have? Come running just
as fast as we can. Shooter'sgonna help. Come. Man Dix is
the Troubleshooter Show. Now Tom Martino, Hi, Tom Martino Here Welcome to

(01:44:30):
the show. Three oh three sevenone three talks at our number seven one
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and all of their prices are ontheir website one clear Choice Doors dot Com.
So what's on your mind today?How can we help you? That's
what we're asking. Hello, YouTubemorons and Facebook flunkies, welcome to the
show. We love solving problems.We love making your life a little easier.

(01:45:17):
Have you heard about the Supreme Court, by the way, the proposed
changes for the Supreme Court. Wouldlove to know what you think of that.
This is not a commentary on Biden, but there is a lot of
frustration in general, and I waswondering, and usually that happens if they
don't decide the way you like,it's a bad court. If they decide
the way you like. It's agood court. But Biden has a pledge

(01:45:40):
to really change the Supreme Court withlegislation. I don't know actually the power
they have to do that, butI thought that was set by the Constitution.
However, he wants to set termlimits for justices, a binding code
of conduct, and then of coursehe wants to amend that presidential immunity.

(01:46:01):
He believes presidential immunity while acting aspresident should not be a strict immunity because
you know, presidents could be crookedhint, hint, and therefore they shouldn't
be immune from their official acts.Again, they didn't really define official acts.

(01:46:23):
But Biden has said before, andHarris has said that they fear Trump
will assassinate his enemies. And I'veactually had emails from morons not more on,
sorry YouTubers, not YouTube more on. So I from from people who
told me, Tom, when yousay that it's ridiculous, these claims that

(01:46:46):
democracy will be done away with andthat Trump will become a dictator, it
is not ridiculous and it actually willhappen. So just to let you know,
there are people who truly believe thatyou need to take away this presidential
immunity because Trump will become a dictatorand assassinate his opposition. But I want

(01:47:10):
to know, and I really meanas far as the Supreme Court. Forget
about Trump and all that. Let'stalk about this. Do you believe there
should be term limits on the SupremeCourt? Seriously? That's a good question,
isn't it. Keith? What isyour issue with your neighbor? Hello?
Keith? What's going on? Hey? Tom? So I have a

(01:47:32):
neighbor who's kind of I would saythreatening, but giving me a hard time
about the condition of my lawn anda tree that I have in the backyard.
God, Okay, how is thisaffecting them? Well, so the
tree is basically it's very large,it's growing over it's kind of overhangs their
property, and they're complaining about youknow, they have to spend all this

(01:47:55):
money to get their gutters cleaned outevery year, and then it supposedly caused.
What else are they complaining about thetree and what else? And then
just the condition of the lawn?Okay, So anyway, how are they
complaining to the to the HIA orto who there's no hy They just said,
hey, you know, you're nottaking care of your lawn and you

(01:48:17):
got to take care of this tree. And how do they complain? Is
it? Is it in person orhow in person? Okay? Are they
mean? Are they friends? Whatare they? You know, it's it's
a it's a it's not an adversarialrelationship. But you know, once he

(01:48:38):
basically threatened to take legal action,I said, well, do your worse.
There's nothing you can do. Youcan't force me to clean up my
lawn, or can he? That'smy question. No, they can,
of course not unless you're breaking alaw. If you're breaking a covenant and
the h AWAY you agree to thecovenants when you bought, then the HIA
could enforce those covenants. If you'reviolating some kind of ordinance, then they

(01:49:02):
can go to the municipality. Butthis person cannot do anything now. They
could in an extreme situation, theycould sue you for damages if they believe
you are damaging. However, atree overhanging a fence, you're not in
control of that tree. As longas that tree is in normal maintenance and

(01:49:24):
normal care and you're not letting itrot over the fence, they can cut
it back. By the way theywould be allowed to cut it back,
are you opposed to them cutting itback, or have you said to them
you better not touch it. No, I said, whatever's on your property,
you're welcome to do is what youwant. Okay, then you may

(01:49:45):
tell them, look, you're inperfect, perfect harmony with me. If
you want to cut back that treeto our fence line, you're under an
obligation to do it with care notto kill the tree. I would put
that in writing. Let them know. No, but there's nothing. There's
really nothing they can do. Imean nothing. I mean everyone can sue
everyone. It gets ridiculous, butyou know everyone I would agree. I

(01:50:12):
would agree with my neighbor that,yes, my long little overgrown and the
tree is a little overgrown. Itneeds to be trimmed. But I don't
have the money to trim it rightnow. So well, when you say
it needs to be trimmed, you'renot obligated to trim it on their side
of the fence. Do you understandthat. I did not know that.
Okay, No, you're not unlessyou it's really weird. If it's in

(01:50:33):
disrepair and it's like it's like dangerous, you kind of do have an obligation.
I don't really know. The conditionis it dangerous. Is it rotting?
No, it's not rotting. It'sjust it's got a lot of sucker,
you know, shoots growing up nearthe fence line, and it's just

(01:50:55):
it does need to be trimmed.It's it's been The tree is about seventy
years old. Okay, how muchwill it cost to trim? Do you
know? Oh? I would saya minimum two thousand what two thousand plus?
Oh, yeah, it's a trimit. Yeah, there's a lot
of dead wood in it. Well, you may have some responsibility, but

(01:51:15):
then again, you don't have allthe responsibility. Have you asked them to
chip in or you not have noor do you have no money whatsoever?
I just don't have enough to takecare of that right now. In a
number I've got another bid on adifferent property. I can't say that it's

(01:51:36):
not my property, but somebody's toldme they got to do it for two
thousand dollars just for taking out somebushes, So I'm like, I know
it's going to be at least twothousand. Wow. Well, listen,
the short answer is they can't makeyou do it. The long answer is
if it does damage and they sayyou knew it was in disrepair. You

(01:51:58):
knew it was rotting or you knewit could damage, but the normal cleaning
they can't do anything about. Soreally, and now how do I so,
how do I determine if it's ifsomebody would comby, like the code
enforcement or would they say, hey, you're law know you? What you
would do to really protect yourself fromcivil litigation is to get someone and probably

(01:52:19):
pay them an arborist for an opinionon whether it is dangerous. Not if
it is dirty or sheds, butis it danger is it dangerous of falling
or hurting someone or a property?Then if you get a professional opinion in
writing, then you can use that. What about the codes for you know,

(01:52:44):
cutting grass? And okay, nowfor code enforcement, you could call
code enforcement and you could say it'sSometimes it's covered by the building department and
if you call there, they'll getyou to the right department and say,
look, I'm I'm just curious ofmy tree is out of code. And
if I need to do something,am I required to trim it? And

(01:53:08):
at what point am I required totrim it? For example, if it's
in an easement for power lines,does it go across any power lines?
No? But there. They havea power that comes in from the alleyway
that comes across and is under acouple of the larger and has it.

(01:53:29):
Okay, so it's really a bigunknown, that's what it is right now.
So you have to call code enforcementor you need to call the utility
if you're looking for I mean,you're really looking for trouble basically. But
how often do they warn you aboutthis tree? Well? They he just

(01:53:50):
said something about it, and hebasically he gave me an ultimatum of one
month and I should And what didhe say if you don't do it in
a month? What will he doif you don't do it? I'm gonna
I'm gonna go through a legal route. Well okay, I mean listen again,
they can't make you do anything,even a legal route. If they

(01:54:12):
literally file a lawsuit, then you'regonna have to defend yourself. But I
mean, I can't see on whatgrounds unless you're negligent. That means the
trunk and the stuff on your sideis dangerous. You do not now if
the branch on their side is dangerous. That's different than nuisance. Do you

(01:54:33):
understand? Yes? Okay, soyou're gonna have to get a professional opinion,
you know, And no matter howmuch we discussed it, it won't
change. You're gonna have to getbecause I don't know enough. You don't
know enough. But you get aprofessional opinion. Certainly you can afford someone
to at least give you an opinionon the tree, right sure, yeah,

(01:54:56):
and that would be the way togo to protect yourself. Listen,
this arbor's as it's not dangerous,it's a healthy tree, and it needs
to be trimmed a little. Idon't have the money to trim it right
now. You can trim it backon your side all you want. Just
put it down, get it,get it in, you know. And
then what do they do. Theygo to an attorney and say I want
them to trim our side of thetree. They're not gonna you know,

(01:55:18):
listen, people can say they're takinga legal route, but there's nothing you
can do about it it. Youknow. Look, in a perfect world,
it would be nice if you couldtrim your side. Bill's got a
comment on this. Go ahead,Bill, what do you think? Well,
well, you got me there,yeah, go ahead, Bill.

(01:55:40):
Well I'll tell you we had thesame problem. If you remember I called
John at two and we of course, my name is tree fell into my
yard. And the way that rulereads, unless it's neglected any right,
that's that's a good point, andthat's what I was saying, Bill,
you're right. But anyway, soI the people across the street was getting

(01:56:03):
that trees trimmed. So I calledthe guy up and he came over and
he did mine that day and itcost me six hundred bucks. And with
the guy, the tree guy toldme the tree trim He told me to
call forestry in the city because I'min lakeuiod to call forestry and forest he

(01:56:25):
came out and condemned the tree andthey had to cut it down. Oh
and if you want a number,if I could find the guy's card,
he's pretty reasonable if she If thatperson's listening. Now, wait, they
cut the tree down, but itwas your neighbor's tree, right, yes,
but it broke and fell into myyacht? About it? And how

(01:56:45):
did the neighbor feel about you reportingit? We're not talking. And did
the neighbor hire this guy to takethe tree down? After I had the
section? He hire the guy you'rerecommending? What's that? Did your neighbor
hire the guy you're recommending. Yesshe did as a matter of fact.

(01:57:08):
And how do you know it wasreasonable? Well, of course me six
hundred dollars for the section that fellin my yard. That's a lot of
money, it is. And Ilive in a heavily treated area, and
it's I know, the price iskind of Well. What's the name of

(01:57:30):
the company. Okay, here,I got it right here, I'll give
you the number. It's seven totwo zero five seven seven, and it's
called we do Concrete woods Fence.How long ago did you deal with this

(01:57:51):
company? A couple of months ago? Okay, well we got that heavy
wind. Did you get that number? Keith? I might have told you
a wrong number? Well do it? Do it again? Well, let
me look so, Keith, areyou listening? It is right? Okay?

(01:58:12):
Seven two zero five one nine sevenseven nine to one? Correct,
Thank you? And ed he wasfairly reasonable. Quick. He had a
bunch of people. They swarmed allover the yard. And Keith, I'm
not suggesting you call them because youdon't necessarily have the money to trim,
but you can get an estimate,at least get an estimate before you jump

(01:58:32):
to conclusions. And then I wouldalso get an arborist. The estimate shouldn't
cost you anything, and then thearborist might charge to give you an evaluation
of a tree. But that's allyou can do at this point. Three
oh three, okay, seven onethree talk three oh three seven one three
eight two five five. Now listenfor the guy that texts, I better

(01:58:56):
take this break. Then we'll comeback and talk about that. Somebody texted
me about hair restoration. We'll talkabout that and more coming up on the
Troubleshooter Show. Go with a surething Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you'recontenth time for an insurance check up

(01:59:19):
free, no obligation. In comparison, call Compass Insurance paying too much your
coverage at dozens of insurance companies findout now three all three seven seven to
one help. You'll think you're hisonly customer when you choose Frank durand the
real estate Man dot com to listyour home with Remax Alliance three all three
nine two zero sixteen twenty two.Martine, You're a troubleshooter three all three

(01:59:44):
seven one three talks seven one threeeight two five five First time Today,
open lines or actually second time.But if you need help, give us
a call. Three oh three sevenone three talks seven one three eight two
five five. Okay, so Igot one on hair restoration, a text
that is, I want to explainthis about hair restoration first and foremost.

(02:00:05):
There are a number of things peoplecall hair restoration, okay, but hair
restoration comes in a few different sizes. The one that most people know is
the transplants. So they take yourhair follicles that are healthy and they extract

(02:00:27):
some hair follicles. They can eitherdo it randomly or with a strip.
The old fashioned was a strip acrossthe back that grows over, they hope.
But then there's this other system thattakes out follicles randomly from around your
head and then replants them in areasyou need them. And those are basically
hair transplants. And you know,I think Michael Brown and both Michael Brown

(02:00:50):
and let's see who else advertised CossKaminski. Who do they advertise for?
Do you recall who they call becausethey say they love of that person.
Doctor is doctor Tanya paul One?That is that Brownie's Do you know,
guys, that's who we saw doctorOh yeah, yeah, Dragon, is

(02:01:11):
that what Brownie is talking about?Doctor Tanya Paul's yes, okay. And
then then there's another kind of hairrestoration, which is stem cell therapy.
And stem cell therapy are injections intothe scalp of stem cells too, and
and some do combinations of that.And before stem cells, they were doing

(02:01:32):
p r P platelet rich plasma andDragon, I don't know, did if
doc, excuse me, if Browniehad both the transplants and the stem cells
with it, or did he havejust transplant and he loves it? Right?
He loved the results, right,and you notice the difference right very
much? So did he actually havea bald spot? It was thinning for

(02:01:56):
him, You got really bald spots. Same with Ross. His was thinning
pretty much. So then the transplantscame around and both of them looked tremendously
better. Yeah, because mine reallyis thinning too. So I tried,
well, I shouldn't have told youvery right now because I'm I'm waiting on
the results. But I guess it'stoo late now, isn't it. So
I went to Denver region and thatwas a few weeks ago for the stem

(02:02:20):
cell therapy, just to see ifit would thicken it up a bit.
And what I've noticed now is it'sbeen about three weeks, two or three
weeks. I've noticed some itching.I know, this sounds crazy. It
could be the sign of new growth. Who knows. We'll see. And
then that comes with a redo,not a redo, but like a booster.
They call it that. In August. I'll have that done. But

(02:02:42):
there was no surgical procedure whatsoever.It was just a bunch of pricks.
If you're just tuning in, I'mnot talking about bad people. I'm just
talking about a bunch of pricks onmy head. And it's four restoration,
hair restoration with stem cells. Hey, Mike, what is your question?

(02:03:04):
Go ahead, Mike, welcome.Three all three seven one three eight two
five. By the way, mymy, if somebody wants to know why
text line is still working. Yes, I didn't get a text from you
though seven four seven nine nine ninefifty two eighty. You're texting on the
On the other one, I didget from you A five seven seven three
nine. That's one iHeart has.But then we have our own Google voice
number, which is seven four toseven nine fifty two eighty. Okay,

(02:03:27):
By the way, what do youneed to know, Mike H. I
know you've covered this before, butI can't remember the rules. Yeah,
if if you or people break alease with an apartment building, let's say
it was a year lease and youstayed for six months, yeah, and

(02:03:48):
you leave, do you owe thewhole six months? I thought you said
at one point that if they justturned right around and rented the apartment,
then no loss. So you willlose your okay, and maybe a month.
Right, there's something called there's somethingcalled substance over form and and really

(02:04:11):
it depends. Technically, you're onthe hook for the lease, okay,
but if you can prove that thebreach came with limited losses, you only
have to pay the limited losses.But it's so hard to do though,
especially if it's a big complex thathas multiple open units, you almost never
do it, that's right, becausewhat they're gonna say is that they still

(02:04:33):
have one less renter or or orone more apartment to fill. However,
it's not impossible. Mark. Somehave you know, four plex, two
plex, some have just one apartmentopen. Agreed, if you were renting
your house and someone broke the leaseand you re rented it, the next
day, you have no loss.Well, you could have some like the

(02:04:54):
cleaning different ones. I mean,you have far enough, but I'm but
they're not gonna They're not gonna geteight months out of your sex months out
of you. Now, you couldtry in an apartment a house if like
like if it, let's just saythere aren't many left and they have that
particular one which was a two bedroom. The other one was a one bedroom.
You could definitely say, wait aminute, you rented mine out.

(02:05:15):
There was a desire and a kneeand you rented it out. But they
would have probably some damages, butit's up to you to pursue. They're
not going to voluntarily send you acheck. Okay. So that's that's basically
what happened. Somebody moved out,he could not afford the two bedroom and
asked, hey, I just I'llfind the lease on you know, just
transfer over to a one bedroom,and they wouldn't do it. So,

(02:05:40):
no, you have to stay forthe two bedroom, and then after you've
done with that lease, you cango to the one bedrooms as well.
Go with a sure thing Denver's Bestroofer Excel roofing dot com. You don't
pay a cent until you're content.Time for an insurance check up free no
obligation. In comparison, call CompassInsurance paying too much your coverage at dozens

(02:06:02):
of insurance companies find out now threeall three seven seven to one. Help
You'll think you're his only customer whenyou choose Frank durand the real estate man
dot com to list your home withRemax Alliance three all three nine two zero
sixteen twenty two. Hey, I'mTom Martino. You're a troubleshooter three all

(02:06:24):
three seven one three talk seven onethree eight two five five. So,
Mike, here's the thing you haveto uh defend yourself. How when they
actually sue you? Okay, sodid they actually file? They say they're
going to file. Of course theydid the first thing. They threaten and

(02:06:46):
then send you to collections. Butwhat they really did is they delayed,
delayed, delayed, and then whenit's you know, it pushes, it
pushes away out to where they're nowwant to charge interest of on the money.
Well, hold on, they can'tarbitrarily charge that. They can only

(02:07:08):
charge what was in the agreement.Okay, Well that's maybe that's what they're
threatening. I don't have any paperworkin front of me. I'm in the
car. So listen, here's whatI'm gonna tell you. Okay, you
start out, you start out ata deficit because your son breached the contract.

(02:07:29):
It doesn't matter. It doesn't matterthat he couldn't afford it. It
doesn't matter that they wouldn't let himmove. He breached the contract. So
you're starting out at fault. Okay. Now it's a matter of damages.
That's all it is. There isno question on the breach. So now
it's a matter of damages. Whatyou want to argue is that they did

(02:07:53):
not attempt to mitigate their damages.They did not, or they did mitigate
their damages. Whatever. But it'sall on you, okay. And what
you need to do as part ofa lawsuit against you or your son is
to then afford yourself of the rulesof civil procedure. And those rules will

(02:08:13):
be at certain times you ask aboutdiscovery, and at certain times you take
depositions and then but read read itcarefully to make sure you're not on the
hook for legal fees. If youlose, you could end up your son
could end up seriously in debt well, which brings up the whole bankruptcy thing.

(02:08:37):
Right, is your son in debtanyway? Right now? Yes?
Okay, well, then afford thehigher rent? Okay, bankruptcy? How
old is he pretty? Oh?My god god? So okay, I

(02:09:00):
thought he was way younger. He'soh he's Is he a veteran? Did
you say? Yes? Okay?So listen, if he wants to,
if he has, if he doesa bankruptcy, then it all goes away
anyway. I mean, so Iwouldn't even bother putting up a big defense.
And if there's a if there is, and it looks like most apartment

(02:09:24):
leases do have attorneys fees and setforth in Colorado or CRS thirteen forty one
to twenty three, the prevailing partyis entitled to recover. So I mean,
that's my statute. So you betterbe real careful. And I don't
know if that means. Let's say, let's say they don't get thirteen or

(02:09:45):
fourteen thousand in court, but theyget five. I bet you still have
to pay attorneys fees. Yeah,but they didn't want they had no interest
in negotiating, like, all right, let's just talk about it. Well,
then, what Tom says bankruptcy?What I might do. What I
would do is go talk to sayMike Wink or Gig Wink and when I

(02:10:07):
say threatened bankruptcy, you have abankruptcy attorney, call and say, hey,
this guy's getting ready to pull thetrigger. Are you sure you don't
want to settle? And that'll thatthey'll really take that serious compared to you
know, him saying it or you, yeah, well that may be the
how much debt is he in rightnow? Who? Uh, I'm gonna

(02:10:31):
say sixty? And how much doeshe make currently? Not a whole lot?
He disabled? Okay, bro,there's no question about it, no
question. Call Mike Wink right now. Call Mike Wink if he's a disabled

(02:10:52):
veteran, or you got to callMike Wink. There's no way you're going
to uh, you're gonna fight thisfor sixty And then add to it,
I got to go on to Chris, Chris. What's happening with you?
Chris? Chris? What's happening Chris? Is Chris still there or not?

(02:11:13):
Just give me a heads up.I'm here, Hi, Chris, what's
going on? Last month, myair conditioner went out. I instinctively called
the company that installed it five yearsearlier. It was a capacitor and the
guy was here less than an hour. My complaint was they charged me,

(02:11:37):
Well, they have an ongoing onehundred and fifty dollars service fee because I
complained, they charged me one thirty, so I got a big whopping twenty
dollars off on that. My questionis, is that even fair or legal
or candy? Why are they gettingreimversed from the manufacturer. Well, I

(02:11:58):
don't know if it's under warranty.Hold on, dear, hold on,
come right, I'll come right backto you. I promise we'll talk about
the warranty right after this. Gowith a sure thing Denver's Best roofer Excel
Roofing dot com. You don't paya cent until you're content. Time for
an insurance checkup, free no obligationcomparison call Compass Insurance paying too much your

(02:12:20):
coverage at dozens of insurance companies findout now three O three seven to seven
to one help. You'll think you'rehis only customer when you choose Frank durand
the real estate Man dot com tolist your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martin, let's go right
back to Chris, I got someanswer for you, Chris, Chris.

(02:12:41):
Most capacitors for most HVAC systems partcome part of their warranty are five years
how old in yours is right atfive years? Right? Right? Some
of them have question, I don'thave a problem with the warranty. What
my problem is? One hundred andfifty dollars service fee? Right? Yes,

(02:13:01):
they're allowed to charge that. Theyare not reimbursed for service or labor
from the factory. Got almighty no, no, And that's actually pretty reasonable,
it really is. Now I've lookedit up. And what brand do
you have? A MANA uh huhrecommend it? Well, okay, a
man is a pretty good name,but you're but but listen, here's the

(02:13:22):
deal. I think carriers probably oneof the leaders in the industry right now.
Some of those capacitors could be evenlonger, but under no circumstances are
late. Is labor guaranteed unless it'sguaranteed by the company, for example,
Plumbline services. They will do theirown guarantee on labor for certain things,

(02:13:46):
so it depends on the company.But the manufacturer does not reimburse them for
the service call. And if youpaid one hundred and fifty bucks. That's
all you paid for a capacitor.That is not a bad deal. All
right, What did you pay forthe system five years ago? Do you
recall? It was around five grandand it has a ten year warranty.

(02:14:09):
Man, you know what you didpretty good, you know, I mean
five years ago five grand that wasThat's a pretty good price even five years
ago. And how big is yourhouse? It's a two story twenty four
hundred square. Yeah, it doesn'tlook at me. I would I know
that it's upsetting, but I wouldnot complain right now. I think they

(02:14:33):
did you. They did not doyou bad. Okay, So all right,
thank you Tom, sure thing,Chris, keep listening, Thank you
very much. Three oh three sevento one. Three oh, let's just
put it this way. Uh tunein tomorrow, right, and then you
can call me at three oh threeMartino twenty four to seven for help,
information and referrals and we'll get youon the next show. So that's three
oh three, six, two seven, eight four sixty six. Goodbye,

(02:14:56):
folks, and remember three oh threeMartino, save all your problems for me. Thank