The Troubleshooter 8-25-25

Episode Transcript

Speaker 1 (00:05):
Ripped up news. So you don't have.

Speaker 2 (00:12):
Come.

Speaker 3 (00:13):
Run in just as fast as we can show Shooter's
gonna help come.

Speaker 1 (00:18):
Man, this is the Troubleshooter Show.

Speaker 4 (00:22):
No Tom Martino, welcome, Welcome, my friends to the only
show of it's kind. We're here to solve problems, answer questions,
take complaints. It's Monday on the Troubleshooter Show. You've been
ripped off or taking advantage of, we want to hear
from you. The numbers simple, I got three lines open,
three zero three Martino, three oh three Martino.

Speaker 1 (00:45):
Simple as that. You can always join us on YouTube.
If you go to YouTube, you can type in trouble
Shooter Network.

Speaker 4 (00:52):
In studio with me today, Dan Mackenzie, Attorney at Law
Probate a state planning asset protection You Dan does it? Dan,
It's great to see in studio. Man, how was your weekend?
Very good, very good. I'm looking forward to like it
didn't seem like a really hot summer. I mean, we've
had summers that have been brutal in Colorado. This one, though,

(01:14):
I'm kind of glad even the high eighties are gone.
It was so nice, yeah, just absolutely beautiful. And then
of course I got a Deputy Bow.

Speaker 5 (01:24):
No, yeah, I'm Deputy Bo. I'm losing my brain and
you're Mark Major the host.

Speaker 1 (01:29):
Thank you, Deputy Bow, thank you.

Speaker 6 (01:32):
Uh.

Speaker 1 (01:32):
Then we've got Deputy d next to me.

Speaker 4 (01:34):
We got Kelly, and then of course we have Shannon
on the other side of the glass running the show.
Three zero three Martino, you know, I was looking at
this special session.

Speaker 1 (01:43):
Real quick that's going on. I didn't realize this.

Speaker 4 (01:47):
People that own LLC's small businesses, it looks like your
taxes are going up quick. Can you imagine if you're
in LLC in Colorado now and you go to right
off my life. I mean, you're an attorney, Dan, You
drive to see clients and stuff, and I assume you
probably write off your mileage when it comes to work stuff.

(02:08):
There's going to be a lot of things small businesses
and medium sized large businesses aren't going to be able
to write off. If the governor signs off on everything
in this special session, that's kind of scary.

Speaker 7 (02:19):
What else in addition to the mileage deduction is being eliminated?

Speaker 4 (02:22):
They talk about pretty much all these they call them loopholes.
But besides the loopholes, they're talking about getting rid of deductions,
period deductions. I use mileage as an example. Now, I'm
sure you can write off cost of goods. I mean
that would be insanity, But a lot of this stuff
a lot of people write off. I don't think you're

(02:43):
going to be able to anymore. Maybe for another example,
maybe like I write off because I have a studio
at home, one of the rooms in our house I
basically use for work only.

Speaker 1 (02:53):
I mean I have a microphone there, just like Tom.

Speaker 4 (02:55):
And basically we get to write off a percentage of
our house whatever that makes up for. And then our
bus we write off because when I'm traveling, I'm on
the air all the time and I'm visiting radio stations.
So it's stuff like that that apparently the special session's
going after. I don't know where it's going to end up.
But that's pretty wild, isn't it. I mean think about that.

(03:16):
You know your exemptions.

Speaker 7 (03:18):
You own a business, yeah, and you know I don't
take a lot of deductions. I don't even subtract my
mile wage. It just doesn't seem to be worth it.
But I do buy things like, for example, office equipment
and office supply.

Speaker 1 (03:30):
See, and I'm.

Speaker 4 (03:30):
Hoping stuff like that gets to stick because you can't
operate without it.

Speaker 1 (03:34):
But I don't know.

Speaker 4 (03:35):
They're talking about small business deductions, but the bottom line
is they have to come up with what is it,
a billion dollars basically a cut dollars.

Speaker 7 (03:43):
Yeah, they've got no expenses, no programs, no departments, and
no personnel.

Speaker 4 (03:47):
Did you look at the list of people that were
getting fired? Did you send me that? I sent you
that that.

Speaker 7 (03:53):
You know, the Denver after making this huge deal about
upcoming layoffs, only laid off about one hundred and sixty people.

Speaker 1 (04:00):
The rest of them were people they were gonna hire.

Speaker 7 (04:02):
Yeah, they just and so they pretend like that's some
kind of a huge.

Speaker 4 (04:05):
Layof Okay, don't no bs here. I'm gonna ask dam McKenzie. First,
when's the last time you were a public library?

Speaker 8 (04:14):
I used to like when I started the firm, I
kind of hung out of public libraries.

Speaker 1 (04:18):
It's been a few years.

Speaker 4 (04:20):
Yeah, it's for a while, right, Yeah, when's the last
time you've been to a public library?

Speaker 7 (04:23):
I hate to surprise you like this, but I actually
go to the library about once a week. I ordered
an enormous amount of books and audio books and other
media from the Denver Party so you actually use it.
I actually used two libraries, you know what.

Speaker 4 (04:37):
I'm glad there's someone using it because that was one
of the things they were cutting jobs. I'm like, who
goes to the library besides homeless?

Speaker 1 (04:45):
Now, I know me and all the bums and the junkies.
Is there a bunch of bums there generally?

Speaker 9 (04:51):
Or no?

Speaker 1 (04:53):
So?

Speaker 7 (04:53):
Unfortunately, So I'm a Denver resident and I have to
drive past two branches to get to the third one
that doesn't have.

Speaker 1 (05:00):
But I saw the first two are that bad.

Speaker 7 (05:02):
They are that bad, the downtown branch and another one
in Uh it's kind of like around Broadway and Ellsworth
kind of an area. It's nothing but bum and junkie
central hookers, you know, heroin addicts.

Speaker 1 (05:15):
Eh, that is where they all hang out.

Speaker 4 (05:16):
To such a So it's by the sixteenth Street mall,
I assume is that where they put the billion dollars?
And what did they come up with? They renamed the
sixteenth Street mall sixteenth Street.

Speaker 10 (05:29):
They just erased the multi cars and it costs like
a billion dollars.

Speaker 1 (05:34):
I mean, you got to be kidding me on that, which.

Speaker 7 (05:36):
Explains this huge hole in the in the budget that
they're trying to plug with the layoffs.

Speaker 4 (05:40):
It's crazy, man, I mean, I don't want to jump
on it. But this tax attorney urges the public to
start following changes made during this Colorado special session. And
this is a Fox thirty one news article, and the
guy goes on to say, I've been practicing tax law
in Colorado seventeen years, and this is the first session
I've paid attention to. It's really important because it impacts

(06:04):
my primary practice area.

Speaker 1 (06:06):
Which is tax. But he's talking.

Speaker 4 (06:08):
He's advising businesses and taxpayers to watch what arises out
of this year's special legislative session as lawmakers look to
make up one point two billion dollars in revenue loss,
and they basically go right into small businesses. One of
those breaks of four percent rebate businesses in Colorado get
for calculating their sales tax I don't even know what

(06:30):
that means. I'm sure my accountant does. But literally, if
that means four percent to my bottom line, that sucks.
Whatever it means, I let my accountant do all that.
But it looks like that might be going away. And
there's another measure that would end income tax deductions for
sole proprietorships. That's exactly what it says. There is a

(06:50):
measure right now. I don't know if it has gone through.
I don't know if special session's done, I don't know,
But right now there is a measure that would end
income to acts deductions for sole proprietorships. What are most firms,
are you guys LLC's LLPs or.

Speaker 8 (07:07):
I'd say nowadays it's mostly LLC's. Older firms are probably
limited partner partnerships.

Speaker 4 (07:13):
So what's the difference. Do you have any idea? I
know that's not your Yeah, it.

Speaker 8 (07:17):
Just depends on the level liability that the fellow shareholders
have for each other's actions.

Speaker 7 (07:23):
Okay, so what's my business, Dan? It is an LLC,
but I'm the only owner. Does that make me a
sole proprietorship?

Speaker 1 (07:29):
Now?

Speaker 11 (07:30):
Oh?

Speaker 8 (07:31):
Sole proprietor means you're basically operating in your own name.

Speaker 1 (07:34):
Yeah, it's like like a paint, like a house painter
or something. Well, yeah, and it's kind of crazy.

Speaker 4 (07:38):
I mean, you have no corporate shield, or at least
you might have a little bit of one, but not
as well as you could form one with. You know,
even an escorp that files basically as an LLC or
goes through k ones or something. I mean, it's still
all the income is still going to flow through your
Social Security number, but you get the benefit of that
tax shield.

Speaker 1 (07:57):
But an LLC gives you some some benefit, right.

Speaker 8 (08:00):
Yeah, I mean the benefit of the LC is very
few formalities you don't have to have, like the annual
meetings and the bylaws on the board and all that
kind of stuff. Yeah, and you still get protection like
companies do, so just a lot less formality and you
still get some protection.

Speaker 4 (08:14):
And then the LLP to go back to that real quick.
And the only reason I know about that is a
different attorney that I knew years ago that was a
sponsor and that you know has retired they were an LLP.

Speaker 1 (08:25):
Yeah, and that's the first.

Speaker 4 (08:27):
That's really the only time limited liability partnerships used is
mostly for law firms, or it's used.

Speaker 8 (08:34):
Mostly professional service firms. But I think it's yeah, that
could happen. Okay, that's that's interesting stuff, all right.

Speaker 4 (08:42):
Any questions you have for Dan and what is going
on these days when it comes to a state planning
one of the things. And I'll get to the phones
in a minute, but I did want to touch base
with you during this.

Speaker 1 (08:51):
Show on the asset protection part of what you do.

Speaker 4 (08:55):
Because any time you're on and we talk asset protection
and we haven't dived into it.

Speaker 1 (08:59):
Honestly, people don't understand the difference.

Speaker 4 (09:02):
Like why does someone that writes or creates a trust
or will what does that have to do with asset
protections on a very basic level, answer that question.

Speaker 8 (09:12):
It depends so usually nothing. I mean usually if you're
setting up your own trust, you're not really getting asset protection.
There are ways to do it, but you got to
put somebody else in control of some part of it
to get asset protection.

Speaker 4 (09:23):
But what give me an idea of an asset I
would protect and from whom through something you would do?

Speaker 1 (09:30):
I mean, it could be any asset you have.

Speaker 8 (09:31):
So unfortunately, your biggest credit risk is probably your spouse
if you get divorced.

Speaker 1 (09:37):
Like what is going on the table right.

Speaker 8 (09:40):
Most people, most of our asset protection questions actually come
from people who are seventy or so who are worried
about long term care. So they're worried about having to
spend all their money on their medical care as they're
getting older.

Speaker 1 (09:51):
Does that generally happen?

Speaker 4 (09:52):
You know, their percentage air of people that end up
on Medicaid because that means you're basically broke.

Speaker 8 (09:57):
Yeah, I doubt it's real high tighty percent. I don't know,
they'd really be shooting in the dark. Well, yeah, it's
very I mean, you know, it's ten to fifteen thousand
bucks a month.

Speaker 4 (10:07):
Think about that, ten or fifteen thousand bucks a month.
And I'm not and we're not talking the rich Carlton
at that level either.

Speaker 1 (10:14):
I mean we're talking a normal facility. Yeah.

Speaker 8 (10:16):
And people think Medicare covers it or insurance and it
does not.

Speaker 4 (10:20):
No, it doesn't. A lot of people end up well,
I won't say a lot. Once again, I'd love these numbers,
but a lot of people end up getting part of
that Medicaid payment on the behalf of their parents or
uncle or whoever it is, to take care of them
in their own house. Yeah, because they simply can't afford
to send them into a facility.

Speaker 12 (10:37):
Yeah.

Speaker 8 (10:37):
And a lot of people want to age at home.

Speaker 4 (10:39):
Do you have, of course, do you have to expire
all your resources in order to get on Medicaid? I
mean like literally everything you can't have what I mean
can you have?

Speaker 1 (10:50):
For example, you can't have a house right.

Speaker 8 (10:53):
I mean, there are protections that will allow people to
keep certain assets, and a home can be one of them.
But if they do that, if they're covering your long
term care and you have a home, like they're going
to lean that thing.

Speaker 1 (11:05):
Yes, so when you pass away, it's not going to
go to your offspring for your errors.

Speaker 4 (11:09):
And then how about if we talk about that and
then to loop back into the asset protection. My understanding
from you is basically, if you do the right form
of a trust, it would probably be an irrevocable I
would assume, and if you created that after a period
of time, which is what three years, five years, So

(11:30):
that is one way to shield the assets, but you're
giving up the right. That person that's putting those into
that trust is giving up the right to do.

Speaker 1 (11:42):
Anything with it anymore.

Speaker 6 (11:43):
Right.

Speaker 4 (11:44):
In other words, it's completely out of their control. For
the most part, they can't revoke it. That's why it's irrevocal.

Speaker 8 (11:49):
Yeah, it is a I wouldn't say completely out of
their control, because they are picking the trustee and they
are giving the trustee those instructions, but then changing those
instructions pretty limited ability to do that. Yeah, your trustee
is now in charge.

Speaker 4 (12:01):
But five years down the road, if you do that,
say you know, your parents are seventy five, eighty years old,
whatever the age is, you move all their assets into
the trust, they can basically still can they still live
on some of those assets. In other words, if the
bank accounts two three hundred thousand dollars and that was
put into the trust, can you can the trustee take
money out of that trust to pay for their stuff

(12:23):
the trust?

Speaker 8 (12:24):
Yeah, the trustee can use the assets for certain things.
But yeah, when you're setting us up, you kind of
got to think, like, do I have the ability to
set some stuff aside?

Speaker 1 (12:31):
It's usually not everything, and that's where you come in. Yeah,
So but then you set it aside.

Speaker 4 (12:36):
Let's take a big asset like a house or a
business or something along those. So when the five years
goes by and they run out of money, even though
they have all these assets sitting out there in the trust,
no one can touch them, they're going to end up
going to their errors correct in most you know, in
most cases, Yeah.

Speaker 1 (12:54):
That's pretty incredible.

Speaker 4 (12:55):
How about offshore I know you don't specialize in that,
but when people talk about all off shore trust in
what does that mean is there places where if you like,
set up a trust that's holding say a house in
rental properties in a business that's in Give me a
place where people set up offshore.

Speaker 8 (13:13):
Cook Islands is pretty pretty popular now Crook Island hook
cookand I thought you said, I'm.

Speaker 7 (13:22):
Going to start Crook Island become the world epicenter offshore
trust on the nose.

Speaker 1 (13:28):
So you set it up over there.

Speaker 4 (13:30):
Is Basically the difference is the US government can't touch
assets that are there. Is that really what it comes
down to. Why if you set it up there, it's safe.

Speaker 8 (13:40):
I mean the reason that the Cook Islands and not
like Mexico is because the Cook Islands specifically has set
up a statutory scheme where they say we do not
honor US judgments.

Speaker 1 (13:49):
Oh so that's it.

Speaker 4 (13:51):
The US the FEDS can go to them and demand
this or that and they're like, nope, sorry, that's part
of our constitution basically is we don't do do that now.

Speaker 1 (13:59):
Didn't Switzerland or someone used to do that with banking
back in the day.

Speaker 8 (14:03):
They've still got pretty good privacy. But yeah, that they
became very clear that a lot of very bad people
were laundering a lot of money through Switzerland. I think that, Yeah,
they were taking a reputational hit on that.

Speaker 4 (14:14):
All right, listen, we've got Violet coming up. We're gonna
take quick break. I ran over. She's got a problem.
It's a horrible problem. If I recall, I heard part
of it on Friday, A nursing home issue.

Speaker 1 (14:24):
That's about all I remember.

Speaker 4 (14:26):
We'll find out that three h three, Martino, you've been
ripped off, bad contractor bad Dennis for that matter, bad anybody.
And then I'm gonna tell everybody about a voicemail that
Kelly got from one of our favorite people.

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Held tight.

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Speaker 4 (15:15):
Wow, I'm digging more into this special session, you realize
health insurance. If you're on the exchange, if you're not
working for a company and you're on the exchange and
receive tax credits, you could see a forty percent increase
forty percent increase. Actually it says thirty eight uh during
this special session. So imagine if you're used to spending,

(15:36):
you're a twenty five year old and you know whatever,
you have a landscaping company, you're on there. You're getting
tax credits because you're making less than seventy thousand or
less than eighty thousand as a couple, or whatever the
numbers are, and all of a sudden, that three hundred
dollars a month you spend goes up to four fifty
five hundred.

Speaker 1 (15:56):
That's the special session. That's what about the I'm looking
at it right.

Speaker 8 (16:00):
Beautiful Act got rid of that tax credit.

Speaker 4 (16:02):
Yeah, the no, no, no, the Big Beautiful Act got rid
of some of the funding for it. Absolutely absolutely did.
But the state is also going to be pulling back what.

Speaker 1 (16:11):
They put into it. But you're right, what is it?

Speaker 4 (16:14):
The BBB, the Big Beautiful Bill definitely got rid of
some of that.

Speaker 1 (16:18):
Here's what it says.

Speaker 4 (16:19):
The bill diverts two hundred and sixty four thousand to
Health Insurance Equitability Enterprise to pay for the subsidies for
health insurance premium purchase through the state exchange. Those premiums
are expected to soar for the individual market by as
much as thirty eight percent on the Western slope. Now,
I don't know why the Western slope would be different

(16:40):
than anywhere, and it says partially due to the expiration
of Enhanced Premium tax credits COMMA federal subsidies. It's crazy, man,
I mean everything's going to be going up here. Yeah,
I mean, really, it's going to be. And here's what
really drives me nuts. And I promise I'm going to
get to the phones with this stuff. It really drives

(17:01):
me crazy when everything goes up, when you take tax
credits away, when you when you increase pricing, who ultimately pays?

Speaker 1 (17:10):
Do you think the business.

Speaker 4 (17:11):
That can no longer say right off mileage or whatever
they mean by that? When it comes to sole proprietors
not being able to take to duttions, who do you
think ultimately pays for that? I'll take the landscaper again,
he's going to have to charge more.

Speaker 1 (17:25):
To mow your lawn.

Speaker 5 (17:26):
The consumer is going to have to pay it all
the same.

Speaker 4 (17:28):
With the restaurant, same with anything. I mean, it's really remarkable.
In small businesses, I don't think you have to offer
insurance unless you have fifty employees. As that sound right.
It used to be fifty. It could be lower. Now
it's definitely lower.

Speaker 1 (17:42):
Now it is low ferteen. How many I think it's fifteen, God,
fifteen employees.

Speaker 4 (17:47):
There's a lot of businesses, restaurants, stuff like that with
under fifteen employees. I'm just saying there's a lot of
people on the exchange, and regardless of the amount going
to Dan's point, or regardless of all the reasons, I mean,
they're going to be paid thirty eight to forty percent higher.
I mean, that's a remarkable increase.

Speaker 8 (18:03):
In the raise every health insurance plans price.

Speaker 4 (18:05):
Oh yeah, everybody else paying on the exchange or not
any business I don't care if it's Walmart or Macy's
or whoever it is, all health insurance will go up.

Speaker 1 (18:14):
I mean, what do you do.

Speaker 8 (18:16):
I don't know what goser somewhere. I mean, somebody's gotta
pay for this stuff.

Speaker 1 (18:20):
Absolutely, someone does. I mean, it's uh, I don't know.

Speaker 4 (18:23):
I never I actually had great insurance uptil Obamacare. Listen,
you can argue it one hundred different ways. One of
the arguments as simple as this, if it wasn't for Obamacare,
there'd be a lot of people that had no access.
And I'm not going to get into the abortion thing
and stuff like that, but I mean healthcare. Like you know,
you're really sick with the flu or an ammonia and

(18:45):
you've got nowhere to go. I mean, I understand the
hospital's got to take you for you know, true emergencies.
They don't have to keep you around forever. But I
understand that aspect of it. But what it really did
was raise the price. At the time, I had fifty
employees in my good years, Our insurance for our employees
that worked their asses off went way up. After that,

(19:06):
it created everybody else to pay more for the people.

Speaker 1 (19:10):
It created the top sixty.

Speaker 4 (19:13):
Percent, I won't even say ten percent, sixty percent of
the people to cover the forty percent at the bottom.
That's basically what it did. Now should those people have healthcare?
That's a separate argument. I'm talking the economics of it
and what it did, and it just it just wasn't
a good thing. But I digress on that. So let
me go to Violet. Hey Violet, what is going on
with you in this nursing home? Hey Violet, how are

(19:40):
you doing? What's going on with this nursing home?

Speaker 14 (19:43):
Oh?

Speaker 15 (19:45):
They just their denying everything. And I was there every day.
My husband was there exactly a month and he was
in the er either three or four times, I'm not
sure how many.

Speaker 6 (19:59):
But I went.

Speaker 15 (20:01):
I went to the doctor with him. This woman that
they called, uh, I forget what's violet?

Speaker 1 (20:08):
Violet?

Speaker 4 (20:09):
Let me kind of start you over, because I'm already
kind of lost.

Speaker 1 (20:12):
Are you in a nursing home? Is your husband in
a nursing home? No?

Speaker 15 (20:16):
My husband's caad.

Speaker 6 (20:18):
No.

Speaker 15 (20:19):
And I will never go to a nursing No. I
hate those places. I call them slaughterhouses.

Speaker 1 (20:24):
Oh my goodness.

Speaker 4 (20:25):
How long ago did your husband pass?

Speaker 15 (20:29):
Next Friday? Behind here?

Speaker 1 (20:32):
Wow, I'm very I'm sorry to hear that.

Speaker 15 (20:35):
A good man. He served in the military for twenty years.

Speaker 1 (20:39):
What is going on with you right now? I see
your distraught.

Speaker 4 (20:42):
You have this horrible anniversary coming up, so, but what
is going on right now?

Speaker 15 (20:48):
Well, they refused to do anything after I called your
program on Friday.

Speaker 1 (20:54):
I was Violet who refuses to do anything.

Speaker 15 (20:59):
It's it's called the CenTra Health, Okay, and they are
a they do investigations for Medicare. I first reported to Medicare.

Speaker 4 (21:12):
Because what did you report to Medicare where a central
health got involved?

Speaker 15 (21:18):
Well, I called them. I tried to get some help
from the VA, but they won't even they won't even respond.

Speaker 2 (21:25):
To my calls.

Speaker 9 (21:26):
And they were going to help me.

Speaker 15 (21:27):
They said, and they they they're covering a lot of
stuff up the mark anyway, So.

Speaker 4 (21:35):
You do have spousal hold on, Violet. I just want
to I really want to follow you. So you do
have espousal benefits though through the VA, right is that?
Where do you go to?

Speaker 1 (21:44):
Are you on Trycare, Trycare for Life?

Speaker 15 (21:48):
Yes, but I don't get any I don't get any money.

Speaker 4 (21:51):
You do have health benefits through them, So I'm trying
to where does Medicare come in?

Speaker 1 (21:56):
Are you on Medicare?

Speaker 15 (21:58):
Well, yes, you have to be on Medicare. It's when
you're sixty five you have to be on.

Speaker 1 (22:04):
I wish Violet, you're Violet. You're right.

Speaker 4 (22:08):
I'm not going to get into the age part, but
what I meant to say was Medicaid are you on Medicaid?

Speaker 1 (22:14):
Okay, So what is the problem.

Speaker 4 (22:17):
What is the problem and why is a central health involved?

Speaker 15 (22:22):
Because I reported to medicare some frauds that those people
that it's called the skilled nursing. And the reason my
husband went there was that he had a fall at
home and he had ten percent brainly and he broke
his shoulders.

Speaker 4 (22:42):
So this all Violet, Violet, and I'm really trying to
keep you focused, so I understand. So this all goes
back to the care your husband has. It has nothing
to do with you right now.

Speaker 15 (22:56):
No, it has no Okay, I just I just want
somebody to be responsible. I want to assume, but I don't.

Speaker 16 (23:03):
Want any money. I don't want pod money from those people.
I want them to stop abusing no people. That's happening
everywhere every when I talk to have somebody.

Speaker 1 (23:15):
Do you have kids? No, you don't have any children.

Speaker 4 (23:19):
Do you have like a sister or anybody that you
still talk to or a brother or anybody?

Speaker 15 (23:23):
No, my sister died, but she was older.

Speaker 1 (23:27):
Where do you live are you? Where do you live?
Do you live in your home? I know, but I
mean are you in Colorado at home?

Speaker 15 (23:33):
I have very nice home. My husband provided for me.
He was a worker, and you don't want to make
sure I was taken care of.

Speaker 4 (23:40):
I don't think and I'd love to hear any other opinions,
especially from Dan. You deal with people in situations where
they've lost people, and she's very distressed by far. I
don't see anything happening. And I'm being just real here.
I'm not saying they didn't abuse him. They could have
very well abused. But to go back and hire an

(24:01):
attorney truth, No.

Speaker 15 (24:04):
I a v A volunteer took me in his own
personal vehicle to E's just me my husband every day
except three.

Speaker 9 (24:14):
Days, and what happened doing something else?

Speaker 15 (24:17):
And and his wife took me two times. Well he
was he was there with me, and he saw him
and he went to the hospital.

Speaker 1 (24:27):
What did he see?

Speaker 15 (24:29):
Well, the last time, my husband, what is the er?
I went with him and then this person I called
him and he came. He came right away, and he
was there and I have video on my phone. I
took it to the hospital of what bruises all over
my husband.

Speaker 4 (24:47):
But I think some of the some of the things
you're up against, Violet, And once again, I don't know
what happened there. And I believe you when you think
he was being abused. But I mean there's a bed.
My uncle before he.

Speaker 1 (25:00):
Passed, looked like he rolled down every day I heard.

Speaker 15 (25:05):
I talked to those people. They were so mean.

Speaker 4 (25:09):
This VA violet, this VA volunteer that would drive you
there three times a week to see your husband?

Speaker 1 (25:15):
Can I talk to Himay?

Speaker 15 (25:16):
Every day? He was there every day?

Speaker 4 (25:19):
That's fine, every day. Can I speak to that person?
Is that possible?

Speaker 17 (25:24):
Well?

Speaker 15 (25:24):
I don't know, but I don't know if he I
haven't spoken with him about this.

Speaker 1 (25:29):
All right, hold on a second, Hey, Kelly, I really
need to get to the next uh level with this call.

Speaker 4 (25:35):
I'd like to talk to this person that apparently witnessed
whatever was going on with her husband and I realized
the anniversary of his death is coming up. I mean,
real quick, Dan, I mean, you must deal with people
that are very distraught all the time. And I mean,
I don't know, if you were sitting here, what conversation
are you having with her?

Speaker 8 (25:56):
I mean, you know you always start with you know,
she said she's not interested in If you're not interested
in money, they're do not do not sue. It's the
only thing a loss you can get you, it's not
gonna get you peace over you know, whether your husband
was mistreated or not. That's not what courts do. And
so whenever anyone says anything like that to man, I'm like.

Speaker 1 (26:15):
Don't don't waste your money. Yeah, yeah, and.

Speaker 8 (26:20):
You know you you are correct that the proof issues
around this really difficult, really difficult back here.

Speaker 4 (26:27):
Yeah, and it's very hard because I mean, she's saying
she witnessed it, so Kelly, really, what I need to
do for the next step with Violet is we've got
to communicate, uh with the VA volunteer that would drive
her back and forth. That's where we got to go.
Colleen Michael, hold tight, you're up next, go.

Speaker 13 (26:46):
With a sure thing Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call
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insurance companies find out now three O three, seven to
seven to one help. You'll think you're his only customer

(27:08):
when you choose Frank durand the Real Estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 1 (27:18):
All right, three O three seven one three eight two
five five. Kelly's talking to Violet.

Speaker 4 (27:23):
In fact, while I see her talking, Violet called in
a couple months ago and this person that was driving
her to see her husband apparently was trying to get
power of attorney. She lives by herself, as you know,
she doesn't have any children. She just said that, and
Dimitri and I were going to go out there on
the weekend. Do you remember that, Dmitri, Yeah, it was

(27:44):
about three months ago, and man, a lot of alarm
bells rang when she told us that this guy named Michael,
who supposedly is in the army and therefore she believes
he's trustworthy, was trying to get her to sign a
power of attorney.

Speaker 7 (27:57):
But she couldn't tell us what that power of attorney.

Speaker 4 (28:00):
Four, So we are our censors got up and then
we were setting it up to go out there. I
think she was down around Monument or Larkspurs somewhere, and
well now she's now they're off hold, So Kelly, I'll
go back.

Speaker 1 (28:13):
I have I have an update. Yeah, what's the same person?

Speaker 18 (28:17):
Michael and Joan, Yeah, Michael, Michael has power of attorney.

Speaker 4 (28:21):
Yeh, and see, I need to talk to you at
this point, Violet.

Speaker 1 (28:27):
I know Violet can hear me. Violet, listen.

Speaker 4 (28:29):
I feel really bad for you, But kind of where
we were last time, is I need to talk to Michael.
Especially if he's power of attorney at this point, he
should be able to answer all your questions. Honestly, I
didn't know him from a hole in the wall. Dimitri
and I were going to come out and meet you
and meet Michael and just kind of give him the
sniff test before you signed over everything to him. And

(28:50):
I'm not saying there's anything nefarious at all, but I
didn't like what was going on. And the bottom line is,
I mean, at the last minute, you said, well, well,
you know, Michael really doesn't want you guys, he doesn't
want to talk to you, or something along those lines.

Speaker 7 (29:07):
But I mean it's in the background, kind of whispering
to her.

Speaker 4 (29:10):
I don't remember that, but very possible. So that's kind
of the deal. If she would allow us to talk
to Michael, or if she wants us to come out
to her house like I offered before, I'll be happy
to just to make sure she's okay. I don't know
if there is a Michael. Let's get really real here.
I don't know what's real or what's not with her.

Speaker 7 (29:31):
I'll go with you, man, I mean we should drive
down there, just to make sure she's okay.

Speaker 1 (29:35):
That's the main thing. Make sure she's okay.

Speaker 4 (29:37):
Dan, you must deal with a lot of I'll be honest,
a lot of crazy stuff. And I don't mean necessarily
crazy people. But as people get older, you know, people
are different. I mean, things change in their lives. People
get to the point where they can't even you know,
they're not even in their own head. And what I
mean by that is, what do you do when and

(30:00):
let's say there's a will out there and the kids
are in the will, and then all of a sudden,
while the person is in hospice or something along those lines,
the will gets changed. Yeah, and someone changes it. That
happens all the.

Speaker 1 (30:16):
Time, Yes, And there's really not much you can do,
is there.

Speaker 8 (30:20):
I mean, it's super hard because people might be doing
that for good reasons.

Speaker 1 (30:23):
Yeah, exactly.

Speaker 8 (30:24):
I mean, you know the famous, uh, you know, the
stereotypical example is like everything gets left to the housekeeper.

Speaker 1 (30:30):
The housekeeper.

Speaker 8 (30:31):
Yeah right, house Well maybe they wanted to do Maybe
the housekeeper was really you know, helping them out. They
really felt falling towards them. They really wanted to do it.
I mean more the.

Speaker 4 (30:39):
Person that might come in and take care of them
and feed them. Yeah, and then the kids are all upset.
The kids weren't taking care of them, But they have
this lady or this guy coming in three four times
a week to cook and clean for years, and all
of a sudden everything goes to that person. Your I
didn't even think of it in those terms. At that point,
they might be going, my own kids can't come over

(31:00):
and do something.

Speaker 1 (31:00):
I'm going to leave everything to Joe Blow.

Speaker 8 (31:02):
It can be very hard to sort out, but there
is I mean there's undue influence and there's incapacity. Those
are the two most common ways of challenge and undue influence.

Speaker 1 (31:10):
The bot bar is quite high.

Speaker 8 (31:12):
You really got to show that the person was being
pressured in a way that they just could not have resisted.
So they're in this hospice, they've got this person really
breathing down their back just gently.

Speaker 15 (31:21):
You know.

Speaker 8 (31:21):
If I go visit my dad in the host is like, hey, dad.
You know, my sister really hasn't been around. How about
you leave everything to me? Is that under influence? I
don't know, Probably not.

Speaker 1 (31:29):
Yeah, I was gonna say, I don't know.

Speaker 4 (31:31):
That's if you've got one kid that's coming over taking
care of you, driving you around to the grocery store,
doing whatever, and the other kid isn't.

Speaker 1 (31:39):
I mean, I don't know how you look at that.
Maybe one of them. Okay.

Speaker 4 (31:44):
In my dad's relationship his family, not me, I'm an
only child, not me or my mother.

Speaker 1 (31:51):
But he had four is that right?

Speaker 4 (31:53):
Yeah, four siblings, and then mother and father as they
got older, especially my grandmother who lived to be like
ninety five. My dad was more of the financial part
of it, but my uncle lived in Phoenix right next
to her, So I mean basically, my dad took care
of the financial part, and then my uncle was there
to help her when she needed stuff there. So it

(32:15):
was fair, you know what I'm saying. Everything was fair,
and even now let's do this. I've got to take
this break. But Colleen has got an issue with Habitat
for Humanity, and Michael has got a question about debt securities,
and then Peter's got a problem with an HOA.

Speaker 1 (32:31):
But please, Violet, and I know you can hear me
right now.

Speaker 4 (32:34):
I really need to talk to Michael, especially if he's
power of attorney and Dan, how does that generally work
if you have someone that the court has deemed someone else, well,
maybe not even the court has decided to give let's
just say, full power of attorney over everything medical, financials.
Let's just say that's what this Michael has. I mean, really,

(32:55):
I shouldn't even be talking to Violet. I mean that
sounds a little I'm going a little overboard, but I
mean I don't know what's going on there.

Speaker 8 (33:02):
Yeah, I mean if a court has ordered that that
is a guardianship or a conservatorship. And if that was
the case, Violet really doesn't have the ability to handle
her own affairs anymore.

Speaker 4 (33:11):
Ye go through the court talking about a nursing home
and how they did different things to the husband. I
don't want you to get in trouble, Violet, I guess
is kind of where I'm going here. I don't want
you coming on the air and saying this nursing home
did this and did that and killed my husband and
then all of a sudden you're in trouble and then
you're getting sued by somebody that's just we need to

(33:33):
talk to Michael or the other option, and then this
is it Kelly.

Speaker 1 (33:37):
You can get her phone number.

Speaker 4 (33:38):
The other option is Dmitri and I will go out
and visit her and do a well check that I
wouldn't mind doing at all.

Speaker 1 (33:46):
More.

Speaker 13 (33:46):
After this, go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage

(34:07):
at dozens of insurance companies find out Now three all
three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
Alliance three all three nine two zero sixteen twenty two.

Speaker 1 (34:22):
Yeah, ripped up.

Speaker 3 (34:29):
News. You need advice who.

Speaker 15 (34:31):
You don't have?

Speaker 3 (34:34):
Come run ins astas as we can show. Shooter's gonna help.

Speaker 1 (34:39):
Come Dix is the Troubleshooter Show.

Speaker 10 (34:44):
No Tom Martine, Welcome my.

Speaker 4 (34:48):
Friends to the only show of it can We're here
to solve problems, answer your questions, take complaints, try to
make your life a little bit better.

Speaker 1 (34:56):
We're talking life and death today.

Speaker 4 (34:58):
Actually we're talking about a state planning asset protection with
Dan McKenzie. And we were talking during the break on
a lot of different scenarios and I've got a lot
of questions for Dan. I'm going to dig into, but
I promise i'd get right to the phones. We have
one line open, three zero three Martino, three zero three Martino. Now,
first up, Colleen Michael your second, Colleen. I recall something

(35:22):
about this call from Habitat for Humanity. It wasn't like
they built you a home, but you got a loan
that they backed in order to upgrade the house.

Speaker 9 (35:35):
Yes, yes, it's a program that they have.

Speaker 1 (35:37):
Yeah, that's kind of cool.

Speaker 4 (35:38):
So I just want people to understand what this program
is because I never heard of it before.

Speaker 1 (35:43):
So how do you qualify for it?

Speaker 4 (35:44):
Give me I realized it didn't work out great for you,
but give me an idea how the program is supposed
to work.

Speaker 9 (35:52):
It sounds like a great program. What they do is
if you know, you own your home and they come
in and they basically fix up the important things. In
my case, the roof, the siding, the doors, windows, standard
things I think some people get, like, you know, furnaces
and important stuff. And then so you run alone against
the value of your home and you don't have to

(36:13):
make regular payments or anything like that. And they're not
charging interest. It's just due and payable if you sell
your home, if you die, you know, et cetera, et cetera.
They put a lean against your property.

Speaker 4 (36:24):
So eventually you're you do pay them back. But if
I recall, right, I mean eventually you do pay them back, right, yes,
But what happened with her? If I recall, and my
memory is not perfect, but I do remember thinking, Wow,
what a strange deal. They actually suggested a contractor, right
because they had Do they have to.

Speaker 1 (36:43):
Be an approved contractor like on a list?

Speaker 9 (36:46):
Yeah, yeah, it's there, it's the.

Speaker 1 (36:48):
Habit so it's habitat contractor.

Speaker 5 (36:52):
They approved it, and they sent the contractor out to
her house to start the work.

Speaker 1 (36:56):
Were you on this case?

Speaker 12 (36:57):
Yes, I worked at back.

Speaker 5 (36:59):
She called then on July twenty eighth, and I've been Uh,
what happened?

Speaker 1 (37:04):
Hold on? How bad?

Speaker 5 (37:05):
Were the problems significant?

Speaker 12 (37:08):
She needed a new roof.

Speaker 1 (37:10):
So they did the roof and they need a new roof.

Speaker 5 (37:12):
They did the roof the roof, but they didn't finish.

Speaker 1 (37:16):
It, like how much? I mean, what does that mean?

Speaker 6 (37:19):
They stripped.

Speaker 1 (37:21):
Wait a minute, they stripped it down and walked away?

Speaker 15 (37:24):
Right, yeah, I mean did the guy die?

Speaker 1 (37:27):
Did the roofer die?

Speaker 17 (37:29):
No?

Speaker 1 (37:29):
Well, what happened to him? How does he just leave
a roof naked?

Speaker 12 (37:33):
Habitat fired him?

Speaker 4 (37:35):
So when they fired him, did they send another contractor
to do the roof?

Speaker 12 (37:41):
No, they didn't tell me.

Speaker 1 (37:42):
Tell me you have a roof right now? Please, I don't.
You don't, Colleen, this is crazy. So they sent out
the contractor.

Speaker 4 (37:51):
Wait wait, wait, if you did not pick the contractor,
Habitat did, Yes.

Speaker 9 (37:56):
They say that I had the ability to pick the contractor,
but I was only given one choice.

Speaker 4 (38:02):
Okay, well, okay, fair enough, I mean that's fine. So
they come out they start tearing it off. Did this
roofer get fired because of other jobs? Or was it
have something to do with yours? Why did they terminate
their relationship?

Speaker 9 (38:16):
It was something about his insurance, ok, his employees or something.

Speaker 1 (38:20):
Yeah, he probably didn't have the right cover.

Speaker 9 (38:24):
Right, And in the end, he didn't really have anything
to do with my job. In particular or anything. So
he's done lots.

Speaker 5 (38:28):
Of Okay, so this is what it is, in a
nutshell habitat. Humanity picked this contractor, sent it. Sent the
contractor over to Colon's house. He tore the roof shingles off, right,
and he took the window. He did he replaced the windows,
but he didn't put the framing around the windows, so
the windows are not settling in right. And they replaced

(38:51):
the door, but they didn't build a door a frame
around the door. And this has been going on for
what about six months?

Speaker 4 (38:58):
To hold on, I'm missing this part of it. Did
they pay the guy up front or something? Another word?

Speaker 9 (39:07):
I mean he's the general contractor, okay, but he also
was doing all the work himself.

Speaker 1 (39:12):
Yeah, but what happened to the money?

Speaker 4 (39:15):
You weren't paying the contract your habitat was right? Did
they pay him in full? Are they saying we already
paid all the money you borrowed?

Speaker 9 (39:24):
I don't think so. I think he sent me a
letter when he sent me an email after he got fired,
and he said, you know, he was sorry. This is
a mess. He doesn't know what they're going to do
about it, but he's out.

Speaker 1 (39:34):
Okay, so so where does it stand right now?

Speaker 12 (39:37):
Here?

Speaker 5 (39:37):
It is they paid him for what work was done,
and Habitat for Humanity is supposed to send Colleen out
another contractor to finish your job. And now it's getting
to be winter time, she needs to get this up.

Speaker 1 (39:51):
Well, what have you talked to somebody there?

Speaker 12 (39:54):
So this is why, this is why I had her
call in.

Speaker 5 (39:57):
I called the local habitat for himanity in her county,
Amelia Gonzales. I've left him six messages. He will not
respond to me. Then I called the Denver headquarters of
the Habitat for Humanity, and that just Kent Mark. I've
left him each of these people's six messages. I cannot
get a return call. So my goal here is to

(40:21):
convey this to our listeners to see if they can
help us, and who to conta.

Speaker 4 (40:25):
Colleen, who is the main person at habitat that's in
charge of your project as far as you know, I
don't mean a contractor, I mean whoever, like whoever we
reach out to.

Speaker 1 (40:36):
Is that the.

Speaker 4 (40:37):
Gonzales Amelio Gonzales. I hesitate blowing this guy up. I
mean humanity, for God's sake.

Speaker 9 (40:49):
I'd get exactly exactly I would like to have seem right.
They have a board of directors that has contacted me
since then. I got an email basically that said we're
looking at it. We'll get back to you. Well that
was three and a half weeks ago.

Speaker 4 (41:04):
And so can you find the contractor? Are you where
do you live?

Speaker 1 (41:08):
Watch? She probably lives on top of veil. Where do
you live?

Speaker 9 (41:12):
I live in Delta County? Where is that top of
Grand Junction?

Speaker 15 (41:17):
Oh?

Speaker 1 (41:17):
That's Is that part of the problem here, guys?

Speaker 9 (41:21):
Well I didn't think so, because they have an outlet
in Mantros, So you know, it's just habitat. It should
be fine. It's not fine.

Speaker 12 (41:30):
There's good.

Speaker 1 (41:31):
How many messages over what period of time BO have
you left with.

Speaker 5 (41:34):
COSI leaving messages On August first, I left one one.
I left a message every week I left six to
seven message and nothing back, not.

Speaker 12 (41:43):
Even a return.

Speaker 4 (41:44):
Colleen, you haven't received a call on our behalf from them?

Speaker 1 (41:47):
No?

Speaker 9 (41:49):
Oh no, not even on my own. I started calling immediately,
and I started emailing immediately.

Speaker 1 (41:54):
And all right, I'm going to ask our listeners to
do something. I kind of once again, I hesit.

Speaker 4 (42:00):
Take this because it's a good charity in fact I
met it is I met Jimmy Carter in studio in
the late nineties, and.

Speaker 1 (42:09):
He was here because of Habitat for Humanity, right, And
I think they nicest damn guy.

Speaker 4 (42:15):
Ever, I don't. I'm not really up on his politics.
But I'll tell you what, man, he's salt of the earth.
This guy is a good guy, and he believed in
Habitat for Humanity and they've done a lot of good.

Speaker 1 (42:27):
That's why I hesitated with them. We have winter coming out.

Speaker 9 (42:30):
I believe in the charity myself.

Speaker 1 (42:32):
What is the phone number?

Speaker 6 (42:35):
Now?

Speaker 4 (42:35):
What kind of number is it? Is it an office number?
Is it the only number we have? I guess all that, Matt.

Speaker 12 (42:41):
I have two numbers.

Speaker 5 (42:42):
I have the number for this mister Gonzales, and I
have the phone number for the headquarters that Habitat in Denver.

Speaker 1 (42:49):
Okay, let's do Why would Denver be over it? Colleen?

Speaker 4 (42:51):
Have you dealt with Habitat in Denver? Or they would
not even know about this side.

Speaker 9 (42:56):
They didn't. They ignored me. But I did get a
hold of the national branch of it in.

Speaker 1 (43:01):
Georgia and what did they say? They're the ones that
said they were going to look into it right, a.

Speaker 9 (43:07):
Very kind lady who understood my problem. And as I'm
telling them, you know, my doors are falling out. I
have no sighting, I have no roots.

Speaker 1 (43:14):
Okay, let's do this. Let's do this.

Speaker 4 (43:16):
I want to give out that number, the national number
where you talk to the nice lady, and I really
do want listeners to call. We have winter coming up.
You just heard the story. I don't want you to
bad mouth them. What we're literally trying to do is
set a fire under them so they find her a contractor.
We have contractors, I know contractors that will go there,

(43:37):
but they're not going to be on this list. If
there's something they can do to get on the list quickly.
I mean, they're reputable people there, they can do all
the stuff we're talking about. But I don't know if
that qualifies. So what I would like to do is
give that number out. What are your thoughts, bo.

Speaker 5 (43:54):
Well, I would like our listeners to call this Amelia Gonzalez. Okay,
in the case in this Mason County that's supposed to
be approving and getting this work done.

Speaker 12 (44:05):
I think if we call.

Speaker 9 (44:06):
The national he's in Montrose County.

Speaker 4 (44:08):
Okay, what's his number? Putt put his number up, and
I'm going to remind people. Now I'm being serious, you're
not calling up some scumbag.

Speaker 12 (44:16):
I want to give it out over the air.

Speaker 1 (44:18):
But this woman needs help.

Speaker 19 (44:19):
We are.

Speaker 4 (44:19):
We're going to give it out right now, but I'm
saying I want to type it in here. I'm going
to give it out a few times. Listen, people, I
really do. I want you to call YouTuber's call right now.
Be nice and polite, say hey, we heard this woman call.

Speaker 1 (44:31):
Into the show a couple of times. Colleen.

Speaker 4 (44:33):
They fired the contractor. Her roof is not a roof.
She doesn't even have shingles up right now. She's missing siding.
The windows are basically in, but they're like, there's no drim,
there's nothing. They're literally falling out.

Speaker 1 (44:48):
Dooys have gaps in?

Speaker 9 (44:51):
I mean, I have no stairs to my back door.
They just because they remove the back porch as well
as oh my god, and then the gutters have no gutters.
I have no sighting, I have no roof. But you know,
I mean, it's just a mess.

Speaker 1 (45:02):
Let's get this guy. We've got it.

Speaker 4 (45:05):
This guy could be buried in all kinds of stuff,
and she's at the bottom of the pile, which scares
the hell out of me because this is a horrible
position pile anymore. Well, we need to get her, We
need to light we need to light this guy up
in a nice way. But I need everybody out there, please.
I usually don't beg for people to call, but this

(45:27):
is one we do. We've got winner coming up. This
is just not a good thing. Colleen didn't do anything wrong.
And if the guy didn't have insurance, I can understand
they didn't want something to happen.

Speaker 1 (45:39):
Maybe he didn't have the proper workman's cop who knows.

Speaker 4 (45:41):
I don't care, but it left Colleen in a horrible position.

Speaker 1 (45:45):
What's the number?

Speaker 5 (45:47):
The phone number is nine to seven zero six six
six nine.

Speaker 1 (45:54):
And what's the guy's name?

Speaker 12 (45:56):
Armeilia?

Speaker 1 (45:57):
How do you spell that?

Speaker 12 (45:58):
I think it's a M E R l io.

Speaker 1 (46:02):
God, I'm horrible.

Speaker 4 (46:03):
Gonzalez Gonzalez, Armrea. I'm not good at that. I can't
roll my tongue. Armilia, Armilia, I.

Speaker 1 (46:13):
Think is all?

Speaker 9 (46:15):
I think it's an em Okay, yeah, it's em.

Speaker 5 (46:18):
So Koley, what do you think about us calling the
Denver office too? Or should we just concentrate on you know?

Speaker 9 (46:24):
They never responded to me. I'm emailed, I've called, I've
got and I have zero to do with it.

Speaker 4 (46:29):
It's probably by county, that's true, Armilia Gonzales.

Speaker 9 (46:35):
The national office is out of Georgia.

Speaker 1 (46:38):
Yeah, well let's let's I would start with the local
guy with I would like.

Speaker 4 (46:42):
People to call up the local guy today, Armilio Gonzalez
nine seven zero six two six six one.

Speaker 1 (46:52):
Eight nine right bo.

Speaker 5 (46:54):
Yes, and our listeners really need to pull together and
help us on this because I cannot get coming.

Speaker 9 (47:00):
I have a raining in my living room at times.

Speaker 1 (47:03):
Oh my god, you can do more damage than good.

Speaker 4 (47:07):
And Colleen, listen, I mean there's nothing you're leaving out
like you threatened to blow him up or something.

Speaker 1 (47:15):
No, she's a nice lady.

Speaker 9 (47:16):
No, No, I've never done that. I did tell them
that I was contacting you, and I did tell them
that because I live on highway, I will put up
a banner that says Habitat for Humanities. Did this, but
I have.

Speaker 1 (47:29):
I just it's so weird that it's habitat for humanity.
It's so weird.

Speaker 12 (47:35):
They're not being very HABITATY get.

Speaker 1 (47:37):
Them, I do too.

Speaker 4 (47:38):
Hold on, Okay, listen, folks are Melio Gonzales nine seven
zero six two six six nine, be nice.

Speaker 1 (47:46):
Leave a message.

Speaker 4 (47:47):
If this guy gets ten fifteen, twenty fifty messages, he's
gonna have to look into it. If we don't get
any word back for Marmelio in the next bow, I
want you to leave another one in the next couple
of days. We're gonna have to give out the national
number and really start getting things going. But this guy
sounds like he can get the ball moving.

Speaker 1 (48:07):
Two dads in his territory.

Speaker 4 (48:09):
And if he doesn't, once again tell him, say hey,
if you don't have contractors, the Troubleshooters have contractors that
are great. They can get permits pulled, they can do
whatever needs to be done to get this job done.
What do they need to do to help this poor woman, Colleen?
I appreciate your call, Michael, your next Peter. You're after
that three zero three Martino, one line open, three oh

(48:33):
three Martino.

Speaker 13 (48:39):
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dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three seven
to seven to one help. You'll think you're his only

(49:00):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (49:14):
All right, three oh three seven one three eight two
five five three zero three Martino, we have two lines open.
You've been ripped off or taken advantage of her any
questions you have on a state planning and we've been
talking a lot about that. I'm gonna go to Michael
here in a second, but dam McKenzie, let me ask
you something.

Speaker 1 (49:32):
We all know.

Speaker 4 (49:32):
If there's not a will, we've all heard a nightmare
story to where if there's no will, that eventually the
state might get your money. In other words, let's take
a woman like that woman they called first Hour, no kids,
husbands passed away. Let's say no siblings, parents of course,
are deceased, and there's no will. My understanding is they're

(49:56):
gonna look for what a cousin like, who do you
look for if there's no siblings, no children, and everybody
else the peers are dead.

Speaker 8 (50:04):
There's an order you just go out to see. You
go down look for brothers and sisters. There aren't any there.
You said, no nieces and nephews. Then we go out
to who does this? I mean, somebody's got an interest
in this stuff. I mean, if there's something out there
like how someone's going to have an answer. Somebody's got
a mortgage company, yeah, property tab. It's like, creditors can
start this process. It does not need to be family.

(50:25):
And if creditors start the process, then we got to
figure out, Okay, who's going to do this job. And
if there's no one obvious, every county has a you know,
a professional like a trustee. Yeah, that will step in
and handle these things. And they got to go out
and find the family.

Speaker 4 (50:38):
Now, if it's not financial, so it actually going to
the state, like you were saying during the break, I
mean going into like the general fund is not going
to happen. It might go into the sheets or shoots
whatever fund it is. Yeah, the in Colorado it's called
the Great Colorado Payback or whatever, so it might go
into that, but I mean it's not going to go

(50:59):
into the general fun that the best of your knowledge.

Speaker 1 (51:02):
Now, how about.

Speaker 4 (51:03):
People that literally leave stuff to a cat. Is that
even real? Can you leave something to a cat?

Speaker 8 (51:08):
You can set up like a trust for the care
of the cats. You cannot leave stuff to the cat.

Speaker 4 (51:13):
The cat can't make decisions correct, and I would assume
the cat can't be its own trustee.

Speaker 8 (51:18):
Leona Helmsby famously left two million plus dollars to her
I forget what it was of trust a dog that
she used to carry around in her bag, and it was.

Speaker 1 (51:27):
Like, really, the dog got two million in care.

Speaker 8 (51:30):
This is a famous case that you read in law school. God,
as you can imagine, there were family members out there
who would have receeeded if she had not done it,
and they were not happy.

Speaker 4 (51:39):
Talk about sticking it to your kids. If you leave
everything to a pet, you must hate your kids.

Speaker 1 (51:48):
Yes, I mean that's like.

Speaker 4 (51:50):
That is the extra that is the f you if
I've ever heard one. Now we understand money, then there's
a flow. So you've got siblings, kids, whatever, the whatever
it is the flow of Eventually they're going to find
a relative.

Speaker 1 (52:04):
I would guess. In fact, they probably always find somebody, right.

Speaker 8 (52:07):
I mean, you've got investigators out there that do that
kind of work.

Speaker 1 (52:09):
That's your relatives.

Speaker 4 (52:11):
Now, let's say a young couple that's got a child
and they don't have.

Speaker 1 (52:17):
A will and the kid dies.

Speaker 4 (52:22):
No, I'm not going to use that scenario. That's too depressing.
Let let let let's change it a little. Let's say
you got an older kid that's out owns the house,
making money, has some assets, but he's not married and
he doesn't have any siblings, or she doesn't have any
siblings and the parents are divorced.

Speaker 1 (52:40):
You follow, Yeah, so.

Speaker 4 (52:42):
When that person passes, if something happened, where would the
assets go? If he has no kids, I would think
generally they go to the parents. But if the parents
are divorced, are they still I mean they would still
they'd split it?

Speaker 1 (52:57):
Yeah?

Speaker 4 (52:57):
Yeah, Now, how about if that person has a child
and died, who gets the kids? Let's say let's say
mom wants the kid, or you know, the twenty five
year old's mom wants it, and the dads want it.
They're divorced. There is no will, who gets custody of
the child?

Speaker 8 (53:14):
I mean, even with the will, there's going to be
a court hearing. You know, the court does not just
accept the instructions of the will. Sight unseen They're not
sending some kid to someplace just because a will said it.
But the will will get you a long way there.
But even you know, if there's no will, no instructions,
then a court has to figure it out.

Speaker 1 (53:29):
And obviously it's going to be in the best interest
to them kill me in the best interest of the kid.

Speaker 8 (53:33):
But that can be hard to do when one court hearing.
You know, that's got to be really hard.

Speaker 4 (53:37):
Yeah, I mean, honestly that you would think when most
people are having a kid, or are pregnant for that matter,
you would get a will if you haven't had one.
I mean, that's what got Susanna and I to get
our first will was basically when she was pregnant. In fact,
we actually owned a house when we were like twenty
one and nineteen, we.

Speaker 1 (53:57):
Bought our first house, but we never did a will.

Speaker 4 (54:01):
I just figured if we both die, if one of
us died, the other get it, and then if we
both died, my parents would get it.

Speaker 1 (54:06):
I mean, it was pretty cut and dry to me.
But as soon as she.

Speaker 4 (54:09):
Got pregnant, then it's like, oh man, we got to
figure out what this is all about. Because you start
is that where most people start thinking about a will
young people.

Speaker 1 (54:18):
Yes, I mean.

Speaker 8 (54:18):
We got a lot of people in who have kids,
who are you know and their teenagers, Like we've been
thinking about this since you know, we got pregnant.

Speaker 1 (54:25):
So yes, in a.

Speaker 4 (54:26):
Simple will is not a big deal. I mean really,
it's not very expensive. I'm not talking to trust with
someone with a lot of assets or asset protection, but
I'm talking to a young family starting up. You can
do a simple will.

Speaker 8 (54:37):
Form not really, no, no, Now, once you got kids involved,
you've got some trust planning there.

Speaker 4 (54:43):
Oh okay, because the kids there, Yeah, okay, yeah, very
very very interesting. And then I guess another milestone is
so you set that up there as the be kids
become adults, it's time to really start thinking about it
everything again. Yeah, because now you might be thinking of
that asset protection, the medicaid. You might start thinking about, okay,

(55:07):
well this kid's done more. You might want to switch
stuff up.

Speaker 8 (55:09):
Yeah, you have a lot more information and now we
actually you don't need trust planning necessarily. If the kids
have grown up and you're confident in their abilities, maybe
you don't need a trust now.

Speaker 1 (55:17):
So actually that's the area where.

Speaker 4 (55:19):
You know you'll talk to people I mean if they
go to what's what's your preferred the eight three three
co plans?

Speaker 1 (55:25):
That's so easy.

Speaker 4 (55:26):
Yeah, so eight three three co plans. What I really
like about what Dan does too, You can call him up.
He's going to talk to you and basically come up
with a fixed price. In most cases that's not going
to be for like court and probate and stuff, right,
But I mean, if you're talking a will of trust,
you call them up.

Speaker 1 (55:43):
He's going to tell you what you need.

Speaker 4 (55:44):
He'll go over why you need it, give you different ideas.
But then you're going to give him a price.

Speaker 1 (55:49):
Correct.

Speaker 4 (55:49):
You're not going to say, Okay, it's five hundred dollars
an hour or whatever it is. I mean it's really
a flat rate price. Yeah, and that is the coolest.

Speaker 1 (55:56):
I mean, an attorney with flat rate pricing. So if
you have to.

Speaker 4 (56:00):
Get it updated and I guess another trigger, and then
I promise I'll go back to the phones. But I
like educating people out there. Another big trigger would be
a divorce or a remarriage.

Speaker 8 (56:09):
Right, I mean, any change in marital status and any
change in your family either through birth or death, are
all triggering events.

Speaker 4 (56:16):
How about when you move like, if you do a
will for me here or a trust for me here,
and Suzanne and I moved to Florida, do we got
to get a new will? And if we don't get
a new will, will this one still work?

Speaker 8 (56:29):
It will very likely be honored if it was Valvey
executed here. But yeah, it's a good I mean, every
state has a different probate process and a different trigger
for that.

Speaker 1 (56:36):
You might not like issues.

Speaker 8 (56:38):
Yeah, it can be a good idea. You probably should.

Speaker 4 (56:41):
So people that move here, some from California or from wherever,
it doesn't matter, they should actually probably give you a call.

Speaker 1 (56:48):
And at least, if anything, at least have a phone
call about it.

Speaker 4 (56:52):
Yeah, all right, hey, Peter, what's going on with this hoa?

Speaker 15 (56:57):
Hello?

Speaker 14 (56:57):
Thanks for taking that call?

Speaker 1 (56:59):
You got it?

Speaker 14 (56:59):
Sure, I'll try and be brief. I know how you
people have to work through people. We live in a
n HOA. It's a town home, and we have window
wheels and they are failing, and.

Speaker 1 (57:13):
They're failing, like crumbling. How are they failing?

Speaker 14 (57:17):
Well, they're rusting through. So it's steel pulling away.

Speaker 1 (57:21):
Pardon me, it's galvanized steel. I assume.

Speaker 14 (57:25):
I'm not sure what it is. They were rusting through
the crustolium a.

Speaker 1 (57:30):
Couple of times dress windows.

Speaker 14 (57:33):
They're not brooked or anything, okay, okay, And so anyway
they're failing. They're rushing through and we need to desperately
to be replaced because aside from rusting, they're pulling away
from the foundation.

Speaker 1 (57:53):
Okay, got it.

Speaker 14 (57:54):
That being said, we need something that need to be replaced,
and we asked about one about ten months ago, have
not throw it back, and that's our fault. We didn't
follow up.

Speaker 4 (58:05):
Now when you say asked about one, I'm a little
confused here. How does this tie in with the HOA?
Why can't you simply hire somebody? Are you saying HOA
is responsible for this?

Speaker 14 (58:17):
And that's where it gets convoluted?

Speaker 1 (58:19):
Okay?

Speaker 14 (58:21):
Part of the covenants I did look over him say
that everything outside of the unit is common element.

Speaker 1 (58:30):
Yeah, your dry wall in and.

Speaker 14 (58:32):
Then they have all the things that are not common elements,
that being things that only affect one unit, which would
be these Yeah. Of course, however they had been replacing them,
and now they decided they're not going to replace them.

Speaker 1 (58:49):
I got it.

Speaker 4 (58:49):
Hold on a second three oh three seven one three
two five five. I got to take this break. But Peter,
I'll pop you right back up. Than Mike your next
Brian Burns too. We're going to bring them up. Brian,
you just heard Peter's question. I'd be curious on the
insurance about that. I realized he's saying they're old and rotting.
But when we talk about the HOA, should they be

(59:12):
covering these if they did cover them for a lot
of people and all of a sudden decided not to,
My gut says they can decide not to. And it's
all going to come down to the covenants. But we're
going to dig into that in a lot more.

Speaker 13 (59:23):
In a second, go with a sure thing Denver's Best
Roofer Excel Roofing dot com.

Speaker 19 (59:31):
You don't pay a cent until you're content than.

Speaker 13 (59:37):
Time for an insurance check up, free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two all.

Speaker 1 (59:58):
Right, three three seven one three A two five five.
We have got a lot cook in the day.

Speaker 4 (01:00:03):
In fact, Amitri I believe, I'm hoping is talking to Michael.

Speaker 1 (01:00:08):
I'm going to go directly back to Peter.

Speaker 4 (01:00:11):
He's got a problem with his HOA and I got
Brian Burns listening in.

Speaker 1 (01:00:15):
But Peter.

Speaker 4 (01:00:15):
So basically the HOA in the covenance it says that
basically you're responsible for it.

Speaker 1 (01:00:22):
I understand that they have done them. No, okay, go ahead.

Speaker 14 (01:00:27):
It's a little convoluted in one In one paragraph it
says h or is responsible for everything outside of the unit.
Then we go into the list of exclusions. Yeah, and
the list of conclusions.

Speaker 1 (01:00:41):
Say anything that only one unit benefits from and pardon
and the exclusion that you're pointing out.

Speaker 4 (01:00:49):
It says one of the exclusions is if only one unit.

Speaker 14 (01:00:53):
Benefits are not necessarily covered by the HOA.

Speaker 1 (01:00:58):
Yeah.

Speaker 14 (01:00:58):
And limited common elements meaning those that are available not
to everybody. Like common elements are things that everybody has
access to. Limited common elements are things that only affect.

Speaker 1 (01:01:16):
I guess it.

Speaker 4 (01:01:18):
Makes sense to me that by the language you're talking
about that they don't have to replace it.

Speaker 1 (01:01:25):
You would be Uh.

Speaker 14 (01:01:27):
That makes sense to me too, except they had and
replacing them.

Speaker 4 (01:01:31):
Yeah, well they stopped. But they stop and they stop.
That sucks for you. Yeah, they can do that, Mark.

Speaker 5 (01:01:38):
I think they stop because the HOA realized that they
were not responsible for doing any further replacements.

Speaker 1 (01:01:45):
Well, I'll tell you why.

Speaker 4 (01:01:46):
I think they stop because insurance on condos has gone
through the freaking roof or on town homes, everything any
of these joint properties has gone through, and their budget
probably sucks, and they they can't afford to really do
it anymore.

Speaker 1 (01:02:00):
Why did they tell you, Peter they quit doing it.

Speaker 14 (01:02:04):
Well, we haven't gotten to that point. We've just got
to the point where the management company told us that
it was the owner's responsibility. Yeah, and we've never been
notified at any point along the way until you know this,
this message comes out.

Speaker 4 (01:02:20):
Hey, Brian Burns, let me ask you something, Brian, I
mean you're you're I got you on for a whole
different call, but I want to ask you something. What
what do you make of this? His insurance isn't going
to cover it because it wasn't sudden. The thing's rotting,
But the ho WA being responsible for stuff on an
HOA policy in general.

Speaker 1 (01:02:40):
What's it called n H six. What is it?

Speaker 17 (01:02:43):
H O six would be the individual unit owner's policy. Yeah,
is that what you're asking?

Speaker 4 (01:02:47):
Well, that's it, But what is what? What is the
coverage the common area would be covered by?

Speaker 17 (01:02:53):
Yeah, so the common area is going to fall underneath
the ho A policy. H just your Yeah, it's going
to the policy that has general ability and property. But
I have a little different opinion on this one from
the HOA perspective. I think I think the fact they
have paid for it in the past does cause a
problem unless there's been some communication explaining that this will

(01:03:17):
no longer happen. In other words, if they've made a
statement and have come to a consensus, this has been
something that's been communicated. Maybe that's different. But you can't
pick and choose who you're going to cover this forward.
But I think kind of like a selective enforcement. Well,
that's not legal.

Speaker 4 (01:03:35):
My understanding from what Peter is saying though, is going forward.
I don't know when forward started. They're simply not going
to be covering it anymore.

Speaker 1 (01:03:44):
Peter, Well, but I.

Speaker 17 (01:03:45):
Haven't heard that that's been communicated that this he's understanding
in the sense that they're not paying for his But
has this been communicated that, hey, going forward, we're not
going to pay this.

Speaker 14 (01:03:58):
Peter Man just jump in here. Yeah, of course there
has been no communication other than making your request and
getting an email from the management company that no, we're
not going to cover this. It's your responsibility.

Speaker 4 (01:04:18):
I think that would I mean, Brian, to me, that
would be the communication.

Speaker 17 (01:04:24):
Well, it's a decline for him, But to me, I
would push that a little bit.

Speaker 1 (01:04:28):
Mark.

Speaker 17 (01:04:29):
I think that I think selective enforcement could be an argument.

Speaker 4 (01:04:33):
I think that's that's that's where you and I are differing.
I'm saying I don't think it's selective enforcement. I think
if his neighbor had the same problem right now, they're
going to tell the neighbor the same thing. Is it
the same management company you have had forever, Peter, or
is it new?

Speaker 14 (01:04:49):
We we do have a new management see.

Speaker 1 (01:04:52):
The new management company. Brian can simply.

Speaker 14 (01:04:55):
Engine company does make decisions. The board makes this decision.

Speaker 19 (01:04:59):
Well that's what he.

Speaker 14 (01:05:00):
Only is what the board tells them to.

Speaker 4 (01:05:02):
Yes, in the management company probably pointed out to the board,
why the hell have you guys been paying for this?

Speaker 1 (01:05:08):
I mean, I see what Brian saying.

Speaker 14 (01:05:09):
Now I'm trying to make is that you've got a
management company. It says maybe you shouldn't have been, but
the precedent, the set you have been paying.

Speaker 17 (01:05:18):
Right, That's where I'm saying they could have problems. I
hear you much.

Speaker 4 (01:05:24):
Let's get Brad O'Brien on. So there's two things here.
One I want to get Brad O'Brien on. But there's
two things here. One if they're going I want to
know if you agree Brian and YouTube Peter, if they're
going forward from now even now, they've done it in
the past, and I have no idea why they're going
to change it. It could be a million different reasons.
But if the rules say that you are responsible for

(01:05:48):
it now and they're going to hold everybody in the
future just like you you're responsible for your own window,
wells I don't see any problem with it now.

Speaker 1 (01:05:56):
If they're saying we're not going to do it for you, Peter, yes,
but we are.

Speaker 4 (01:06:00):
Going to do it from somebody else, then I do
see a problem to them.

Speaker 14 (01:06:04):
And if you move in new owners should be informed
that they would be respected.

Speaker 1 (01:06:09):
Well, they are right through the HOA docs.

Speaker 14 (01:06:12):
You read it well again we had that precedent where
they were covering it.

Speaker 4 (01:06:16):
I don't know if that matters. And let's we're gonna
get Brad O'Brien on.

Speaker 17 (01:06:20):
Yeah, I wouldn't say get an attorney just because they
to me they may have waived their rights to enforce
I I've done this.

Speaker 1 (01:06:28):
We're gonna find out.

Speaker 4 (01:06:28):
But here's why I had you, Peter stay on because
I'm gonna grab Brad O'Brien for that. But here's what
I wanted to ask you, Brian Burns Cat, I'm.

Speaker 1 (01:06:36):
Right up against the clock. I'll try to do it
real quick here.

Speaker 4 (01:06:40):
But we had a woman call and basically she got
a loan, and the loan is backed by Habitat for Humanity.
So what they do is put basically a lean on
your house and they give you money to fix it up.

Speaker 1 (01:06:53):
And they hired a contractor. The contractor came.

Speaker 4 (01:06:56):
Out, ripped the roof off, rip the windows out, put
the windows half ass back in. And when I say
half ass, the contractor got fired by Habitat for Humanity
for not having the proper insurance whatever that means. It
was probably workmen's comper whatever it is. They didn't have it.
They fired them from all jobs. Meanwhile, her roof is

(01:07:18):
leaking because they took the shingles off and there's basically
nothing but decking. The windows were never finished, the doors
have huge gaps in them. The whole thing is just
a crap show. So when something like that happens, is
there any chance, any chance at all?

Speaker 1 (01:07:35):
And I'm going to take a.

Speaker 4 (01:07:36):
Break and come back to you because I have to,
But your homeowners could cover it.

Speaker 13 (01:07:41):
Hold on, go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage

(01:08:01):
at dozens of insurance companies find out now three all
three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
Alliance three all three nine two zero sixteen twenty two.

Speaker 3 (01:08:20):
Ripped news.

Speaker 1 (01:08:24):
You needed that?

Speaker 3 (01:08:25):
Who you don't have?

Speaker 6 (01:08:28):
You?

Speaker 2 (01:08:28):
Come?

Speaker 3 (01:08:28):
Run anxious ass.

Speaker 1 (01:08:30):
As we can show.

Speaker 3 (01:08:32):
Shooter's gonna help.

Speaker 10 (01:08:33):
Come man, this is the Troubleshooter Show. No Tom Martinez,
My friends to the only show of.

Speaker 4 (01:08:41):
It's kinder here to solve problems, answer questions, take complaints.
The bottom line is this, if you need advice, we
have a list of people at referral list dot com.
Our own knowledge, of course, and just great people around
the country that can help you. In fact, sit next
to me one of our referral List members, Attorney at
law Dan mackenzie. When it comes to a state planning,

(01:09:01):
when it comes to probate, when it comes to Will's
trust's asset protection, this guy knows everything.

Speaker 1 (01:09:07):
You have any questions for Dan, It's a great time
to call in.

Speaker 4 (01:09:10):
I'll let you know when a line's open. But three
zero three Martino the other thing. Please help at troubleshooter
dot com. You can email us anytime. There's three or
four of us that are always looking through the help email.
We reach out on weekends.

Speaker 1 (01:09:24):
We help.

Speaker 4 (01:09:25):
That's why it's help at troubleshooter dot com. Also three
O three Martino works on and off the air. Right
now while we're live, comes to the show. Later on,
it goes to voicemail or we'll answer it. I've been
known to answer that line on Sundays sitting in my house,
I have a phone that's literally connected to three oh
three Martino.

Speaker 1 (01:09:44):
Here's the deal.

Speaker 4 (01:09:44):
Peter had a problem with his HOA and I just
want to recap this real quick because Andrea is an
HOA board president and has a comment on it. So
I want to get that from Andrea. But we do
have a line op three seven one three h U
five five Mike. I promise, I've seen you bounce around.
I'll get you after this. But here's the deal. Think

(01:10:06):
about this. You live in a condo and you're on
the second floor. On the first floor, the people that
have condos have a window well because they're ground level.
The window well if the caller's condo is rotted out,
needs to be replaced. It's not storm damage, it's it's rusty,
it's old. Whatever's going on. This has nothing to do

(01:10:27):
with insurance. We already went down that so in the
past people that were on the first floor that had
the same problems decaying window wells. The management company and
the HOA have actually paid out of the HOA. But
imagine if you're on the second floor. Imagine if Dmitri
lives on the second floor and I live on the

(01:10:49):
first floor, and you're you don't have a window, Well,
why would you pay for my window? Well, you get
no benefit out of my window. Well, but more importantly,
in the HOA document, and I know the caller, I'm
not saying he's arguing with me, but I think it's
cut and dry. It says, and I'm paraphrasing, in the document,

(01:11:10):
the HOA the covenants actually says, if only one unit
benefits from it, even if it's outside the drywall typically
on an eight six, which is what a homeowner in
a condominium would have for insurance, it's drywall in, meaning
you're responsible for everything from the drywall in. That's your insurance,

(01:11:30):
everything drywall out. So generally the roof deciding the exterior
doors maybe are covered.

Speaker 1 (01:11:37):
By the HOA. But in his HOA documents it.

Speaker 4 (01:11:41):
Actually says the exception to that is if only one
unit benefits from it, well, it doesn't matter if it's
inside or outside, they're responsible.

Speaker 7 (01:11:50):
Which makes perfect sense. But of course it makes perfect sense.

Speaker 4 (01:11:53):
But the guy's argument is and we're going to get
him on with an attorney tomorrow, Brad O'Brien, but I'm
sure this in fact, I will I will eat crow big.

Speaker 1 (01:12:02):
Time if I'm wrong.

Speaker 4 (01:12:03):
But he's saying because they bought it in the past
for other people, that they might need to buy.

Speaker 1 (01:12:11):
It for him. So he's relying on precedent.

Speaker 4 (01:12:13):
Yeah, but there is no precedent if they made a
mistake in the past and they had any even acknowledged
when I asked him, is it a different management company. Yes,
the new management company could have been hired by the
HOA because they were bleeding money and they said, well,
here's one thing you don't want to do is pay
for these. So they made a decision we'll no longer
pay for him. I mean, because you made a mistake

(01:12:34):
in the past doesn't mean going forward now. If they said, hey,
we're not going to pay for yours, Doug, but we
are going to pay for Nancis, well, now that's selective enforcement.
And I don't believe this is selective enforcement at all.
What I truly believe is the management the new management
company came in and said quit paying for that.

Speaker 1 (01:12:54):
That's stupid.

Speaker 4 (01:12:55):
And going back to the scenario we used, if I
was on the second floor, I don't want to pay
for something I get no benefit out of. When that's replaced,
his condo becomes worth more because whoever buys it doesn't
need to do that. Andrea, what do you say? You're
an HOA board president.

Speaker 11 (01:13:15):
You guys are going down the correct path. And there
is a document that will lay out what each individual
town home or condo association will cover and not cover.
And it's called the maintenance and insurance Responsibilities and guideline.

Speaker 4 (01:13:39):
Andrea, is that by statute? In other words, if you
sell a condo, that has to be in there. Yes,
so there is one for this. Even if this let's
just say this complex, I have no idea what complex
it is, but say it's forty years old. Is that
something they still have to have and most likely do have?
And then I'll follow up with this what happens if

(01:14:00):
they don't have it? What happens if it literally just
reads like what the guy was saying, If only one
unit benefits from it, then it's that one unit's responsibility.

Speaker 11 (01:14:12):
So there are articles of incorporation and their byloss will
dictate what is in this insurance and maintenance chart or
some people refer to it as a matrix, and it
lists out who's responsible for the maintenance and the insurance

(01:14:35):
of every little nitnoid item being it owner O or
a association, got it?

Speaker 18 (01:14:44):
And you guys were.

Speaker 11 (01:14:45):
Saying some of the things are astracized, and you guys
were going down the path of if it benefits one unit,
the association may fix the item because they want to
make sure that it's a vetted contractor and it's done correctly.

(01:15:06):
But then they will bill it back to the individual owner.
So in this case, if they have had new articles
of incorporation or a new bylaw at some point, then
the matrix will be updated. Got it, and the management
company should distribute this matrix to the owners. Now, it's

(01:15:32):
an ugly looking documentary, I got you.

Speaker 1 (01:15:35):
It sounds like it's pretty complex that nobody wants to read.

Speaker 11 (01:15:40):
But it does lay out black and white what's covered,
what's not, and who's responsible. And it's not the board's
decision as to what is an owner or what is
the HOA. It is all dictated based on your articles
of incorporation bylows.

Speaker 17 (01:16:01):
Well.

Speaker 1 (01:16:01):
I appreciate that information, Andrea, Yeah.

Speaker 11 (01:16:05):
Once you understand that the HOA and the owner's discussion
should be pretty black and white.

Speaker 4 (01:16:13):
So going forward, if I'm discussing this with another caller,
which will happen it could happen in an hour, it
could happen in a week.

Speaker 1 (01:16:20):
Matrix would be the proper word for me to use.

Speaker 4 (01:16:23):
That People at least in the biz like you would
understand what I'm talking about. An insurance company like Compass
would refer to it the same way.

Speaker 11 (01:16:33):
Yes, and the management company would know excellent and they
refer to it as a maintenance and insurance matrix.

Speaker 4 (01:16:41):
Andrea, once again, I appreciate it so so why I
love this show. We've got great listeners out there. I
appreciate that call three oh three seven one three A
two five five Mike. We're gonna have one line open.
Three oh three Martino, Mike, thanks for holding. First of all,
I think you dropped off and came back.

Speaker 1 (01:16:56):
What's going on?

Speaker 2 (01:16:59):
Well, I'm wanting to make an investment for savings and income,
and since Trump has allowed drilling of oil, I found
this one place that are debt securities corporate bonds and
they have a rate of return of from nine to
thirteen percent based on number of years. I'm wanting to

(01:17:22):
know three things from you. One, do you know who
they are? Do they have a good are they legit?
And are there any more with higher rates of payback
and their name is Phoenix Oil.

Speaker 1 (01:17:38):
I don't I've never heard of Phoenix Oil.

Speaker 4 (01:17:42):
So I'm not going to tell you if they're legit
or not because I simply don't know. Now, we could
probably reach out to somebody over at Wave eight and
ask them. I know Tom has done quite a bit
with gas and oil over the years, and it's really

(01:18:03):
been a pain in his ass. I'll say this, He's
definitely made money on it. But when you go to
sell and I'm talking more about royalties than what you're
talking about, but you know seven what did you say
seven to twelve percent?

Speaker 2 (01:18:19):
No, Uh, it's a nine to thirteen. It goes by one, two, three,
four or five years. And I believe they have a
Denver office.

Speaker 7 (01:18:30):
Mike, are these bonds that they're trying to sell you
or what is that security actually called?

Speaker 2 (01:18:36):
Death securities? Corporate bonds?

Speaker 1 (01:18:38):
Yeah?

Speaker 7 (01:18:38):
Oh so the corporate bonds, Well, corporate bonds are raided
by bond rating agencies.

Speaker 1 (01:18:43):
What is it rated?

Speaker 7 (01:18:44):
Yeah, well that's up to Mike to look that up.
You can call Wave eight tell them what the security
has called. They can look it up on Morning Star
or any other A whole bunch of other rating agencies.

Speaker 1 (01:18:56):
Do you know what the rating is?

Speaker 6 (01:18:57):
Mike, No, I do.

Speaker 1 (01:19:00):
Okay, just based on yield, I would say these are
junk bonds.

Speaker 7 (01:19:03):
Yeah, I guarantee these are junk bonds in my opinion.

Speaker 4 (01:19:07):
Yeah, well, I mean to hang on to it five years,
say thirteen percent, I mean that's not astronomical.

Speaker 7 (01:19:14):
Well, but corporate bonds aren't paying. Let me see what
the what the yield on typical corporate bonds is right now,
give me a minute.

Speaker 1 (01:19:19):
How much money are you talking?

Speaker 6 (01:19:21):
By the way, Mike, one hundred and twenty four grand.

Speaker 1 (01:19:25):
What are you doing with it right now?

Speaker 2 (01:19:28):
It's in a money market where I'm only getting like
four percent.

Speaker 4 (01:19:33):
Well, let me, I'm going to give you a little
clue on what I would do with it right now. Okay,
while you're figuring out what you want to ultimately do
with it. Schwab's got some stuff that's liquid in thirty
days and it's pulling about five percent, and I want
to leave.

Speaker 2 (01:19:50):
It in I don't want to. I'm using it mainly
to save for future in savings as well well savings
right now, but your income when I want to cash out.

Speaker 4 (01:20:01):
But Mike, what I'm saying is right, now you're sitting
there making less than half a percent, right you could
make five or six percent with it, like literally in
it's liquid. The next day it's it's I don't know
why you wouldn't do that and then determine what you
want to do long term. But I'm saying, instead of

(01:20:22):
half a percent right now, you can move into one
of theirs and I'll look up one of the one
of the symbols on it.

Speaker 1 (01:20:28):
But it's five or six percent.

Speaker 4 (01:20:29):
When I park any money in my Schwab account, it
automatically goes right into there, and I'm at least making
five percent on it, and then it's liquid. If I decide, oh,
I want to go invest in a bond, it's liquid
within twenty four hours.

Speaker 2 (01:20:45):
I'm calling you because I want to get out of
the money market and put it in.

Speaker 6 (01:20:50):
A better rate, like like for the first year nine percent.

Speaker 7 (01:20:55):
Well first, okay, let me I looked something up. All
you guys hold on, go ahead to maitre. Yeah, Mike,
here's a typical US investment grade corporate bond right now
is yielding five to five and a half percent. Okay, Now,
the lower yielding bonds so are in the above five percent.
Here's what's called a high yield junk corporate bond, potentially

(01:21:18):
six point nine percent or more. So if somebody is
offering you nine or thirteen percent, I'd be really really
weary of what kind of just the degree of junkiness
in that bond. Plus it sounds like you want to
remain sort of liquid. So is there any is there
any market for these bonds? If you do want to
get out, I'm going to sell it.

Speaker 1 (01:21:37):
Take you eight years to sell them?

Speaker 2 (01:21:40):
Oh wait, I was told by them that I can
cash out each month. It's compounded monthly, not yearly, and
I can get seven.

Speaker 4 (01:21:51):
Sounds like it sounds like the RV lots people call
me on all the time.

Speaker 1 (01:21:55):
I'm not kidding.

Speaker 4 (01:21:55):
They'll be opening an RV park and they want you,
and it's like seven percent for year, than nine, than
thirteen and blah blah blah. But it's only as good
as a park's going to be built out and filled.
If people don't show up, they don't hit oil, and
even better than that, they might hit oil their guests,
but they don't add operate. And if they don't add
operate or if something changes, Mike, think about we're in Colorado.

(01:22:17):
I mean, I'm not sure where this company is drilling
or whatever they're doing, but things can change all the time.

Speaker 1 (01:22:23):
That's why is had a junk bond? Did you actually
look it up? Well? I can't.

Speaker 7 (01:22:27):
I didn't try to find their bonds. It's not clear
to me where these bonds are trading.

Speaker 1 (01:22:30):
Mike, let's do this.

Speaker 4 (01:22:31):
Hold on, Let's get I want to get Pat. Do
you have Pat's number with Wave eight? Kelly, do you
have Pat's number? We're going to see if she has it,
So hold on, Just hold on, Mike, I want to
get Pat on and let's get the name of the
actual bond from them.

Speaker 7 (01:22:47):
Well, but also we'd like to find out who's trying
to sell them these bonds.

Speaker 1 (01:22:52):
Well, he says, the companies right here.

Speaker 7 (01:22:53):
Where can the company itself try to sell him a
bond on their own or are they required to go
through a broker?

Speaker 1 (01:23:00):
I don't know that.

Speaker 4 (01:23:00):
Yeah, all right, hold tight, Mike, and then Amy, I
promise you'll be next. The problem with AutoNation, and then Robert,
a problem with a landlord that's happened in more than more.

Speaker 13 (01:23:10):
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Speaker 19 (01:23:20):
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Speaker 13 (01:23:24):
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Speaker 4 (01:23:46):
Two all right three O three seven one three eight
two five five.

Speaker 1 (01:23:52):
I was looking on her YouTube.

Speaker 4 (01:23:53):
I finally got the eyeball it today and interesting enough,
we were talking about uh checkpoints that came up and
someone just reminded me where it was.

Speaker 1 (01:24:04):
He was coming out of Blackhawk. I don't know if
it was coming.

Speaker 4 (01:24:07):
Down the windy road into Golden or if it was
going down the canyon.

Speaker 1 (01:24:10):
I'm not sure, but what.

Speaker 4 (01:24:12):
A place to set it up, Like, oh my god,
you think most people leaving there, I'm not going to
say they're drunk, but they probably had a drink.

Speaker 1 (01:24:20):
I mean, maybe not. You know, I knew a guy years.

Speaker 4 (01:24:24):
Ago, probably the biggest alcoholic I ever knew, and I
mean this guy was like just a raging alcoholic, but.

Speaker 1 (01:24:32):
That was before I met him.

Speaker 4 (01:24:34):
When I met him, he gave up booze altogether, so
I never saw him have a drink myself. But instead
of booze, he switched it out for gambling. And this
guy would go And I'm not no bs here. In fact,
my accountant knows him. A lot of people I know
know him because he had a lot of money. If
you drive down I twenty five, his dad's company was

(01:24:54):
one of the companies that actually built those kind of
designed walls where bridges are really nice, a mint with
design and waves in them. So I mean the guy
made a lot of money. But I mean this guy
would go to Vegas and drive two million bucks. I mean,
we're not talking when I say a gambling problem. It
was absolutely crazy. It's kind of weird thinking people that
are have addictive personalities. You can give one thing up

(01:25:17):
and pick up something. I mean, who's to say what's worse.
I think I rather be a lush than broke. So
I mean, I'm not quite sure which way people choose,
but it's kind of a crazy thing. Or or some
people might give up drinking and go to food. I mean,
it could be anything, but I don't even know. Oh,
I know what made me think about that, the DUI
checkpoints three O three seven, one three A two five five.

Speaker 1 (01:25:38):
Who did I leave off on here? Guys? Should we
go to? Uh? Oh we left off with a mic?
But Mike, Yeah, what are we gonna bend to get
pat right now?

Speaker 4 (01:25:48):
Okay, tell Mike what we're doing. We're going to try
to get pat On to actually look at that. And
Dmitri found the actual company name and found everything.

Speaker 1 (01:25:57):
To do with it right now. Excellent, So we've got
a lot more information. So hang on, Mike.

Speaker 4 (01:26:02):
But I want to get someone that's a certified planner,
someone that knows how to look at these, a fiduciary
and actually answer your question.

Speaker 1 (01:26:11):
I mean that's what we do here.

Speaker 4 (01:26:13):
And then while we're waiting on that, I do have
a question for Dan McKenzie.

Speaker 1 (01:26:18):
I heard you talking about children.

Speaker 4 (01:26:21):
So if someone doesn't have any assets and isn't married,
I mean, basically, here's the question, Dan, is there a
reason to get a will? I mean, who doesn't need
a will? I guess that's probably the better way to
ask you. If they don't have kids and they live
in an apartment and they just have maybe a car
and a bank account of X amount.

Speaker 1 (01:26:40):
I mean, what do you suggest.

Speaker 8 (01:26:44):
The problem there is just in capacity events? Right, if
you are alive and have a situation where you need help, because.

Speaker 1 (01:26:49):
Is that called a living will?

Speaker 8 (01:26:51):
A living will is usually like end of life decisions,
but medical power attorney and financial power of attorney. I mean,
if you're an adult, no one can do anything for
you without written is they?

Speaker 4 (01:27:00):
So when we talk about a trust, when I went
and did our trust, one of the things they do
and you talk about is I guess that living will
and power of attorney for financial just different powers attorney
for health.

Speaker 1 (01:27:14):
I mean that's all part of a trust, right, I.

Speaker 8 (01:27:17):
Mean the technically there are different documents, but they're almost
always done together.

Speaker 4 (01:27:20):
Yeah, they're always tied together. So I didn't even think
about that. So if someone becomes incapacitated and they didn't say,
you know, I want the hospital to pull the plug
after x amount or you know, if I'm braindead, do
this or that? What do they do? Who would make
that decision? If there isn't it can.

Speaker 8 (01:27:39):
Be it'd be really tricky, and sometimes people do end
up in kind of a state of limbo while they're
trying to figure out who is the person who can
talk on this person's behalf God.

Speaker 4 (01:27:47):
That is scary stuff. Yeah, so that's something everybody should do.
I never even thought about that. Does the parent have
the right up until a child's eighteen to make all
those decisions?

Speaker 8 (01:27:58):
The child can't make those decisions correct, But the moment
they turn eighteen, that immediately shuts off. So if you've
got a kid, you know it's graduate of high school.
We get horror stories how people are getting calls the
middle night because they're on the insurance. It's like, I
need your insurance number. Your kid is in the hospital.
Why can't tell you?

Speaker 1 (01:28:16):
Oh? Man?

Speaker 4 (01:28:17):
You know the initial trust we set up when our
kids were young. I didn't want the kids getting a
lump sum of cash at any particular age. I mean,
to give a twenty one year old a lot of
money is insane. And you can define a lot of
money as whatever. It's more money than they've ever seen, period.
It doesn't matter what happens to a two thousand bucks.

Speaker 1 (01:28:37):
If it's a few thousand bucks sale blood.

Speaker 4 (01:28:39):
So we kind of set it up as they were younger,
like they would get a certain amount. If they wanted
it for college, they could use it for that. But
if they wanted to go out and buy a corvette,
it's not going to happen. So I mean, basically we
broke it down like that. But then after they actually
now you know, one's an attorney, as you know, and
one is doing kick ass in Nebraska, a store manager

(01:28:59):
for huge corporation, and it's like, now we don't care.
Now they've proved to us they can manage money. So
that's one of the updates we got to do. But
then I was thinking about it that if that was
in our current trust that is still the way it
would be. If we had that final thing at thirty
and they're under thirty, there's nothing they could do to
really argue that they still have to wait till they're thirty, right.

Speaker 8 (01:29:23):
Yeah, but I mean, yeah, so you trust you would
be in charge of the money, and the trustee can
still give them money. It doesn't mean they can't get money,
it's just that the trustee has to agree with it.

Speaker 1 (01:29:30):
Right, So it's who do.

Speaker 4 (01:29:32):
Most of your clients choose as a trustee like a sibling?

Speaker 8 (01:29:35):
I mean, just in general, Yeah, it's usually a family member,
sometimes parents if they're still young enough. I encourage people
that consider professionals. I know Tom has expressed a lot
of skepticism about professionals and their fees. But it's a job.
I mean professionals, it's a lot of work. Professionals are
ensured and bonded and everything else. If they screw it up,
but they're.

Speaker 1 (01:29:55):
Responsible for the management of it. That's yeah, that's the
whole goal. The whole goal.

Speaker 4 (01:30:00):
So in other words, let's just take a million bucks.
There's a million bucks in the trust. Are they responsible
as part of their duty to go out and invest
in Oh yeah, okay, yeah, you're trying to grow it.

Speaker 8 (01:30:10):
You get sued for everything. So you get sued for
not growing it fast enough. You can get sued for
taking too much risk. I mean, it's really.

Speaker 4 (01:30:17):
A trustee generally attorneys as well, or no.

Speaker 8 (01:30:21):
I would say most of the time, it's the family
members who have never done this before.

Speaker 1 (01:30:25):
Who have never done it. I guess you're I think
I'm seeing your point.

Speaker 4 (01:30:28):
It's like, especially if it's a substantial amount, you're giving
someone the responsibility of let's say, ultimately it's going to
go to your kids, of growing in the example of
a million dollars, you want them to have more after
a few years. My god, I mean there's products out
there right now that you know, I'll pay five to
six percent and they're one hundred percent. There's no risk

(01:30:50):
at all. So I'm saying, if they were to do nothing,
not even to do something like that, or not even
to put it into like a checking account, they got
one percent, just to let it sit there and do
nothing would be insane. And that is kind of what
you're talking about, if you don't hire someone. I have
never looked at it that way. I think what Tom

(01:31:10):
is basically saying is they charge so much they raid it.
But you're saying the opposite. You're saying, if you find
a good one, and of course you're good, on's Their
whole goal is to make more money for the trust.

Speaker 8 (01:31:21):
It's like having a financial advisor about it being a fiduciary,
and a trust is more like, right, you got that component,
but also just you manage all kinds of stuff.

Speaker 1 (01:31:31):
So it's a big job.

Speaker 4 (01:31:32):
Listen, if you guys don't have a will or trust
or want to talk about asset protection, I don't care
if you're the parents or kids and your parents are
getting elderly. In fact, I'm going to talk to Dan
sometime in the next hour and a half about that.
Can a kid go out if their parents are in
their eighties? Can the forty or fifty year old kid
and his wife go out and find an attorney to

(01:31:53):
pay for the trust for the parents on their behalf back? Yeah,
I bet that gets a little interesting. Three h three
having won three A two five five, Robert's got a
problem with the landlord. Laura's got a problem with the contractor. Mike,
let's clear him up until we get that set up
with the financial advisor of the fiduciary.

Speaker 1 (01:32:14):
And then Amy, I believe you're of next holl Titan.

Speaker 13 (01:32:22):
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wait time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three all
three seven to seven to one help.

Speaker 19 (01:32:42):
You'll think you're his only customer.

Speaker 13 (01:32:44):
When you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 4 (01:32:56):
Three three seven one three eight two five five. If
you're not part of the show behind the scenes, you're crazy.
Go to YouTube dot com. We received a voicemail over
the weekend, and I'm gonna be talking about that. But
the voicemail, Hey, let me ask you something. Kelly, is
she there, Kelly?

Speaker 1 (01:33:15):
No, Oh my god, oh my god. Where is she?

Speaker 17 (01:33:20):
She probably asked us the restroom, which means she has
to go down to the third or the second floor.

Speaker 4 (01:33:24):
Yeah, so we're rehabbing the bathrooms here at the Taj Mahal.
And I say that like Taj Mahal and literally we
have to get up and go down to the third
floor now. And for the men, it's kind of crazy.
There's no quick way there is there no, there's no
quick way there, no matter what. You got to pull

(01:33:45):
out your badge, you gotta open different doors, you gotta
wait for elevators. It's just crazy. But it is what
it is. It is what it is. Three o three
seven one three eight two five five. I'll talk to
Kelly about that when we get back. The voicemail over
the Then I got an email and here's how it
started dragging you Ready, you.

Speaker 1 (01:34:04):
Want to know what it said in the subject line?

Speaker 4 (01:34:07):
Oh do tell hold on, damn it. Okay, I'm going
to paraphrase, but I'm very close. Mark's a jackass. It
started like that, or it said jackass, Mark, I mean,
can you believe it?

Speaker 1 (01:34:19):
That could be any email, that could.

Speaker 4 (01:34:21):
Be from anybody, but you'll never guess what it was about.
Were you on the show when we had a certain
contractor call up wanting me to remove something I had
no control over. I was here for that. Yeah, okay,
that is who I believe it was. But it might
not have been. Oh, it might not have been. It
might be this guy named Dave h and he doesn't

(01:34:44):
know it, but I track him. I live in his
brain on so many different levels, like in the front lobe,
the backlobe, the medium lobe. I live in his brain.
Now three oh three seven, one, three eight two five five.
Let's help some people. Let me see who's been hanging
the longest man by far Amy? Hey Amy, what is

(01:35:04):
his follow up AutoNation? Uh, Demitri, you were working on this?
Tell me what the problem was?

Speaker 1 (01:35:11):
Well?

Speaker 7 (01:35:11):
In a nutshell market, I mean, this is a really
terrible problem. Amy and her husband bought a car and
from Automation it used car along with an aftermarket warranty.
The car was stolen and wrecked and it's been back
at it's I believe it's still setting at Autoation. I
think it's been there since February. I'm not sure.

Speaker 1 (01:35:34):
Is it an insurance problem? Well, so here's here's the problem.

Speaker 7 (01:35:38):
During the while it was stolen, it developed terrible engine
problems because they used whatever, yeah, something like that. And
her insurance company has denied this claim that she had
full coverage insurance and Amy's insurance because mechanical No, because

(01:35:59):
they said the car had already been totaled out by
a different insurance company.

Speaker 4 (01:36:04):
Oh wait a second, Yeah, they sold her a salvage car.

Speaker 7 (01:36:08):
Well not quite. We're not sure what to call this yet,
because here's why. I did look over the sales documents
that Amy provided me with that there's no disclosure about a.

Speaker 1 (01:36:17):
Salvage or a branded title.

Speaker 7 (01:36:19):
And according to according to AutoNation, the carfax report does
not reflect that this car had been previously totaled.

Speaker 1 (01:36:29):
Oubt. So it seems like, uh.

Speaker 4 (01:36:33):
I don't think that matters. How do we know there's
actually a salvage title on it.

Speaker 1 (01:36:37):
Well, there's no salvage title.

Speaker 7 (01:36:38):
Amy got a regular title and it's not clear to us.

Speaker 4 (01:36:43):
So what I guess I'm not understanding the insurance argument that.

Speaker 7 (01:36:46):
The insurance company said, despite the fact that you don't
have a salvage title, insurance company records in some database
that insurance company's access they indicate that this company had
been previously totaled out.

Speaker 1 (01:36:58):
Have we talked to Brian Burns?

Speaker 13 (01:37:00):
Uh?

Speaker 7 (01:37:01):
Well, I don't have any reason to know because I
don't think it's a Brian Burns. Oh, it would be
interesting to find out what database their accessing.

Speaker 1 (01:37:09):
Well, not only that, Brian, who's the insurance company? Uh?

Speaker 15 (01:37:14):
He?

Speaker 1 (01:37:14):
What was oh?

Speaker 12 (01:37:15):
Amy?

Speaker 7 (01:37:15):
What was the insurance company it was?

Speaker 18 (01:37:18):
Uh, it was All State, But the claim that totaled
the car was State Farm.

Speaker 4 (01:37:23):
Yeah, that's the previous Get on, Kelly, Get on, Kelly.
I want to get on Brian Burns. And here's why
I'm saying this. Dmitri he knows people at All State,
he knows people at State Farm, he knows people at
everybody they represent. And anytime I've had him call over
to get information on a denial, sometimes he actually convinces

(01:37:47):
them to go through with it. But the other thing
is if it truly is a denial, if they can
make him understand the denial, I feel much better.

Speaker 1 (01:37:55):
If they can't make him understand it, then I think
something's up than what I just told. Oh my god,
So how much worse could it get?

Speaker 7 (01:38:03):
Oh?

Speaker 1 (01:38:03):
Well, listen to this.

Speaker 7 (01:38:05):
So the insurance company canceled her coverage because the car
had been previously totaled.

Speaker 1 (01:38:10):
After she tried to get this, after she.

Speaker 7 (01:38:12):
Tried to make the claim right. However, this now put
her in hot water with Canvas Credit Union, which financed
this car. Well, now the Canvas says, you're in violation
of the loan agreement because you're not insuring the car,
and Amy can't insure the car because it had been
previously totaled. Now AutoNation, Okay, let's get Brian on. Hold on,

(01:38:35):
hold on, I gotta take Okay, break.

Speaker 13 (01:38:43):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 19 (01:38:47):
You don't pay a cent until you're content.

Speaker 13 (01:38:52):
Time for an insurance checkup, free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out Now three all three seven to
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two.

Speaker 1 (01:39:26):
Creak seven one three eight two five five.

Speaker 4 (01:39:29):
I'm telling you, folks, if you don't listen to the
show within his show on YouTube, you're missing a lot.
If I the only one that saw Trump over the
weekend in his newest cat it looks like a mega hat,
a standard red one, so it's the same color, but
it says Trump was right about everything. If I have
never met a guy that can push I think I'm

(01:39:51):
a good button pusher, Like when I want to get
on people like Dave eight and these people whose minds
I live in.

Speaker 1 (01:39:57):
I think I'm pretty good. But I I don't care.

Speaker 4 (01:40:00):
If you hate Trump, you must acknowledge the man can
push buttons better than anybody that's ever walked this planet.

Speaker 1 (01:40:09):
It's it's a it's a.

Speaker 4 (01:40:10):
Feat it's a superpower. It's a superpower. That's a good
way to put it. Hey, Dave, Amy Robert, that's the
music I promise you're up next. Robert's got a problem
with the landlord. We're gonna finish up with Amy's story,
and then Dave, he's got a stolen vehicle. I promise
I will get to all of you and a lot
more right after this break.

Speaker 13 (01:40:34):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 19 (01:40:38):
You don't pay a cent until you're contenth.

Speaker 13 (01:40:43):
Time for an insurance check up free, no obligation in comparison,
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two.

Speaker 1 (01:41:04):
Yeah, ripped of.

Speaker 15 (01:41:11):
News.

Speaker 3 (01:41:13):
You need advice so you don't have come, Run in
just as fast as we can. Shooter's gonna help come.

Speaker 1 (01:41:24):
This is the Troubleshooter Show. No Tom Martinez, Welcome my
friends to the Only Leads Show.

Speaker 4 (01:41:30):
If it's kind, We're here to solve problems, answer questions,
take complaints. We got a lot of cooking today, we're
gonna go to some follow ups and some other stuff.

Speaker 1 (01:41:38):
I do have one line open three oh three seven
one three eight two five five.

Speaker 4 (01:41:42):
By the way, if you go to our YouTube station,
type in Troubleshooter Network, we have basically a show within
the show. And speaking of that, Dan McKenzie joins us.
He is our guest today from the referral list. Anything
that has to do with the State Planning Asset protect
anything to do with it's kind of weird.

Speaker 1 (01:42:04):
I mean, pretty much you specialize an end of life.
I mean, kind of what would you say to that, Dan.

Speaker 8 (01:42:11):
I usually tell people it's really helping people get something
in place for any situation where you need help. Obviously,
if you've passed away, you can't do stuff anymore. But
there's you know, as we kind of talked about earlier,
that's always your bigger risk, the living will. Yeah, and
the powers of attorney, Right, the power.

Speaker 1 (01:42:28):
Of attorney is a big one. I guess you never
think about it.

Speaker 4 (01:42:31):
Someone in their thirties and they have a house and
stuff and they're in a car wreck and all of
a sudden they're in a coma. I mean, I mean, really,
if you think about this, there's still financial decisions to
be made.

Speaker 1 (01:42:42):
There's still a lot of stuff going on.

Speaker 8 (01:42:44):
Everything's still keeps it going. You know, there's still water
bills coming.

Speaker 4 (01:42:47):
Did you happen to see there was an article I
think nine News talked about it, but I actually looked
up the article they were referencing on the local news.
They were saying people that give organs, like I'm an
organ donor on my license. If something happens, they were
trying to actually harvest organs. I forget what state it
was was really bad. It might have been Georgia, but

(01:43:09):
I forget what state. Maybe it was Arkansas, but there
was like doctors like that would go into harvest organs
after these accidents or after whatever heart attacks and these
people were like kind of still alive, so they would
stop doing it.

Speaker 1 (01:43:23):
But I mean, think about that someone.

Speaker 4 (01:43:26):
I would want someone in charge of deciding when I go.

Speaker 1 (01:43:29):
I mean, if you're an organ donor, do you.

Speaker 4 (01:43:31):
Know the answer to this, I mean, do you give
up your rights when it comes to like, if you
do have a medical power of attorney, do they ask
that person first or do they just go right for
the liver.

Speaker 8 (01:43:43):
I mean, it's something you can authorize within the power
of attorney whether you want that person making that decision.

Speaker 1 (01:43:47):
Wow.

Speaker 8 (01:43:49):
I have had clients express concerns about how aggressive they
are about trying to make sure they are right there
because the circumstances of you know, when organs can be
donated or.

Speaker 1 (01:44:00):
Pretty you know, pretty specific.

Speaker 8 (01:44:03):
Yeah, I mean it's not it's like two percent of
people pass away in a way that organs can actually
be donated at.

Speaker 4 (01:44:08):
Yeah, because it's got to be quick and the organ
has to be in one piece of course.

Speaker 15 (01:44:11):
Yeah.

Speaker 8 (01:44:11):
Yeah, so the person cannot have been deceased for some
period of time.

Speaker 4 (01:44:16):
If it's a good idea of like besides a medical
directive something, a power of attorney would do that. A
lot of people just don't think about where it would
come into place or where you run into people that
don't have such a thing, and it becomes an issue.

Speaker 8 (01:44:31):
I mean on the financial side, especially like you can't
I mean if Suzanne has an account, like you cannot
access that account if no or have some written authorization
saying you can do it. If your house is jointly held,
like you can't sell your house, you can't refinance it
without that person there. What if they cannot be there.

Speaker 4 (01:44:50):
Yeah, that's even crazier. They can't be there, but yet
you can't access it. That's that is really crazy to
think about. And a lot of it we just don't
want to think about this stuff. I mean, that's got
to be the biggest that's got to be one of
the hardest part of you connecting with your your client

(01:45:11):
is like, there's so many people that put it off
for a long time.

Speaker 1 (01:45:15):
I mean, do you have people come into you that
are in their eighties?

Speaker 12 (01:45:18):
Oh?

Speaker 4 (01:45:18):
Yeah, See, that's amazing to me. It's like the main
reason is people put it off. They don't want to
think about it. Who really wants to sit back and
think about Okay, if I'm in a car wreck and
I'm in a coma for twelve days, what do I
want to do?

Speaker 1 (01:45:34):
Yeah? No, one wants to think about that. God, what's
the youngest that you've ever done a will for you?

Speaker 2 (01:45:40):
Ever?

Speaker 1 (01:45:40):
Have anybody eighteen? Not quite that young, but early twenties.

Speaker 8 (01:45:44):
I've had some people come in who are really in
diligent about it and on the wall.

Speaker 4 (01:45:48):
I think the biggest thing too, is people's situations change
so much. And that's another reason, Like anybody listening out
there if you've been divorced or remarried or a blended
family at some point. We get calls here all the
time where you know, the guy will get remarried. Then
the woman that he remarries has some kids, so now
he's got a couple step kids that are you know,

(01:46:09):
in their twenties, thirties, forties. He dies first and then
the kids ultimately end up getting everything.

Speaker 1 (01:46:15):
And their kids were ast out of it. Yep. So
I mean that.

Speaker 4 (01:46:18):
I mean, really, how many times have we had you
on air over a call similar to that? Yeah, it
happens all the time, so you better think about it
when your situation changes. That's when you call Dan. By
the way, eight three three co plans? When did you
get that number?

Speaker 19 (01:46:35):
Uh?

Speaker 8 (01:46:35):
When I started this show? Don't you really do it
for this?

Speaker 4 (01:46:38):
This is a that's a hell of a number, eight
three three co plans And then his website is co
plans dot co, as in Colorado co plans dot co.
When people call you up and talk to you, I mean,
how does that generally work? Do you set up an
appointment to you do it by zoom? Will you do
it any kind of way they want? I mean, how
does a typical call to you turn into a client

(01:47:00):
for you.

Speaker 1 (01:47:01):
Yeah, so we do.

Speaker 8 (01:47:02):
Typically, you know, our best offering is like you meet
with me or my fellow attorney here, So to talk
with an attorney, we do charge for that. We have
some options for you to talk with a paralegl for
free and just kind of get a little bit more
better understanding of how we work.

Speaker 1 (01:47:20):
But that's fine.

Speaker 4 (01:47:20):
But if they're planning, and if they I've got no
problem with that, they come in to talk to an
attorney about estate planning asset protection, so they pay you
x amount.

Speaker 1 (01:47:29):
I assume it's not that much.

Speaker 8 (01:47:30):
For the first hour or whatever, right, Yeah, And the
benefit of doing it that way, we find is like
we actually will get information about you and really it
as a pretty specific appointment tailor to you.

Speaker 1 (01:47:41):
Yeah.

Speaker 4 (01:47:41):
I means, so when you're doing that, you're literally taking
all the information to figure out what they need or
what they want and then how to develop that. And
then after that initial consultation, then basically you propose, this
is what we want and it's X amounts, so you
give them a flat rate price on it. Yeah, and
that could entail everything we've discussed in the last three hours.

(01:48:05):
I mean, that could be a will, it could be
a trust, It could be something to help protect the
parents from say, Medicaid coming after him, if they have assets,
it could be a lot do A lot of people
come to you a little too late when it comes
to sheltering Medicaid from taking the family house.

Speaker 8 (01:48:21):
If you will, Yeah, I mean a lot of people
it's they already have some sort of diagnosis, or they're
showing signs of having some dementia, Alzheimer's, and it's like, look,
it's going to take some time for this to actually
kick in, right, Like we discussed as this five year
look back area to prevent people from doing it at
the last minute and getting all these benefits that Medicaid
really can't come.

Speaker 4 (01:48:39):
I think because of our You've got to understand, Martino's
been in town forty five fifty years at this point,
so a lot of our audience is at seventy eighty
year old that kind of grew up with Tom on
the news in here, and a lot of those people,
I really want them to take this to heart.

Speaker 1 (01:48:54):
What I'm saying.

Speaker 4 (01:48:56):
If you have that family house, you have that assets,
and you do want to pass that along to your children.

Speaker 1 (01:49:01):
But you're afraid that you know, you're not.

Speaker 4 (01:49:04):
Gonna be You're not gonna not be able to get
on Medicaid at some point. I want you to call
and talk to Dan because he does have options to
where you can still get on Medicaid and you're and
they can't go after your house. Like you said, there's
some timeframes involved, so don't wait to your terminal. I mean,
unless it's a really long terminal. It's a five year
look back.

Speaker 8 (01:49:24):
Yeah, I mean I compare it to like the kitchen
is on fire and you're calling the insurance company.

Speaker 1 (01:49:28):
That's just it's way too late.

Speaker 4 (01:49:31):
So that's one of the biggest reasons for a lot
of people. And Dan specializes in this stuff. And then
of course the younger people out there that maybe you
just got married and you didn't have kids, now you
have kids, or now your kids are over a certain
age or whatever. Just talk to these guys. They're really
good at what they do. Eight three three C plans
eight three three co plans. That's Dan mackenzie. And I'm sorry,

(01:49:53):
what's your what's your partner or the other attorney's name.
I don't think I've ever met him, Yeah, Andrew, but
you dealt with BO.

Speaker 12 (01:50:01):
I really like Andrews.

Speaker 3 (01:50:02):
So you smart.

Speaker 1 (01:50:03):
These guys did what for you? Trust?

Speaker 12 (01:50:05):
For my sister and I?

Speaker 5 (01:50:06):
They did a poor over will which then turned into
the revoke.

Speaker 1 (01:50:10):
What's a poor over will?

Speaker 8 (01:50:12):
That's just a will that when you have a trust,
you really want everything going through the trust. The poor
over will it is just putting it in the trust.

Speaker 4 (01:50:17):
If it was if I didn't accidentally put this car
into the trust. Upon death, it goes into the trust.
And then what else got the trust?

Speaker 12 (01:50:27):
Yeah?

Speaker 1 (01:50:28):
All the software discussing the powers of attorney. And you
guys you.

Speaker 12 (01:50:31):
Did the whole Montu with ad the big flat rate.

Speaker 4 (01:50:34):
And how come let me ask you, bo, how old
are you sixty five?

Speaker 1 (01:50:37):
Why did things change?

Speaker 4 (01:50:39):
Did you have anything in place before you just started
thinking about it?

Speaker 5 (01:50:42):
Now, after we got out of the business, I decided
to do a will and I actually had AI draft
up a will and I thought it was very good.
But I decided to do a trust because I didn't
want to go to probate and I just didn't want
the world to know about my big business.

Speaker 1 (01:51:00):
Yeah, okay, with a trust, it's all private, is it?

Speaker 15 (01:51:03):
Dan?

Speaker 1 (01:51:04):
I mean, really, unless if you're involved in it.

Speaker 8 (01:51:06):
Yeah, I mean the point for us is to keep
it out of court, right, there's no court involving here.
When you're in probate, you're in court, so there is
some element of accessibility there.

Speaker 1 (01:51:15):
And everything went great.

Speaker 12 (01:51:16):
You liked it, I liked it, and it went well.

Speaker 1 (01:51:19):
Well, there you go. I mean you can't beat that. This.
How long ago was this? It's pretty recent, isn't it.

Speaker 5 (01:51:24):
It's been We've been working on it for the past
three or four months and I just got the final
product done last week.

Speaker 4 (01:51:31):
Final question on that. So he just brought something up.
What does it take? So someone comes and meets with you,
and let's say you're doing whatever like you did for BO.
Here is the biggest hold up in time frame? I
would could I would probably bet on I'll use that
word bet on is waiting for information from the client.

Speaker 1 (01:51:53):
Isn't it that happened?

Speaker 8 (01:51:54):
Yeah, that can be it. That can ie things up
for sure.

Speaker 4 (01:51:57):
And then how about people actually putting stuff in the trust.
A lot of people might go through and do a trust,
but then they never put anything into it, so they
spent the money on the trust and just wasted their
time because nothing's in it.

Speaker 8 (01:52:09):
Yeah, that is a widespread problem.

Speaker 4 (01:52:12):
Do you guys offer those services as well, like doing
the deeds?

Speaker 8 (01:52:15):
Yeah, so we always put the personal residence in the trust.
We assigned the personal property of the trust. If you
have businesses, we can usually get those into the.

Speaker 1 (01:52:22):
Trust and the fallover will Yeah.

Speaker 8 (01:52:24):
And then you know it's the financial accounts that we need.

Speaker 1 (01:52:27):
Some help from the client, the iras, the steps, the.

Speaker 8 (01:52:30):
Every bestment accounts, the trading yeack and savings unbelievable.

Speaker 4 (01:52:34):
Okay, let's finish up with Amy. Amy called up, it's
crazy AutoNation. And then did we get Brian on that?
Poor guy's been waiting forever. I get so when we
have guests in that are experts, especially attorneys. I just
got so many questions because I like learning this stuff.
But Brian Burns, let me put you up piece with
our expert with Compass Insurance.

Speaker 1 (01:52:53):
Brian. So here here's kind of the deal. This is crazy.

Speaker 4 (01:52:56):
So Amy buys a vehicle from AutoNation and it's a
used vehicle. It comes with a warranty, okay, and she's
financing it, so she has to have insurance.

Speaker 1 (01:53:07):
It's all state or State Farm.

Speaker 7 (01:53:10):
I believe her current insurance company all sayed, yeah, she's
financing the car.

Speaker 1 (01:53:15):
So listen to this man, this is crazy.

Speaker 4 (01:53:17):
It gets stolen, the vehicle gets stolen, and it gets ruined.

Speaker 1 (01:53:21):
So not only is it stolen, but these guys mess
it up.

Speaker 4 (01:53:24):
And she goes to put a claim in, the cops
find it, it gets recovered, it goes back to I
guess AutoNation.

Speaker 1 (01:53:30):
Yeah, it went back to Autoonation. So it goes back
to AutoNation. It needs axax ax, it.

Speaker 7 (01:53:34):
Needs all that is and it's completely fried.

Speaker 1 (01:53:36):
Yeah, they beat the hell out of it.

Speaker 17 (01:53:38):
Now totaled car basically Okay.

Speaker 4 (01:53:41):
They're saying, guess what, you have no coverage and Amy's like,
what do you mean? I have no coverage? And they
said even though the title, this is where it gets
very strange to me. Even though it's not a branded title,
it doesn't say salvaged on it, nor did AutoNation put
anything on the paperwork. According to Dimitri and Amy that

(01:54:04):
said it was the salvage vehicle. But the insurance company
is denying the claim because.

Speaker 7 (01:54:11):
Because a different insurance company had sometime before Amy bought
this car, totaled out this car already.

Speaker 1 (01:54:19):
Like on some kind of clue report.

Speaker 4 (01:54:21):
First of all, Brian, where would one insurance company see
information on a total vehicle?

Speaker 1 (01:54:27):
Is that the clue report?

Speaker 17 (01:54:29):
Well, the clue report would just show the amount of damage.
It doesn't specify whether it's total. Where you would find
if it's total? Is this If it's a branded title,
that's and it's not. I find out if it's total.

Speaker 4 (01:54:40):
So they're arguing even though it's not a brand Well,
tell me what they said, Amy, Dimitri, what are these
What is this insurance company.

Speaker 1 (01:54:48):
Denying it on? What does the denial letter say? Amy?
Do you remember what?

Speaker 7 (01:54:53):
I can summarize it, but it would be great to
hear directly from Amy.

Speaker 1 (01:54:58):
Yeah.

Speaker 18 (01:54:58):
I mean they said they said that they couldn't substantiate
the allegations that it had a branded title, which was
never my allegation. The allegation is just this car was
totaled in February of twenty twenty three, and I bought
it in June, and for whatever reason, the title never

(01:55:19):
caught up to the car being deemed a total loss. So, Brian,
it sounds like total loss before I purchased it.

Speaker 4 (01:55:26):
Brian, it sounds like maybe someone watched the title at
one point, but I don't know how does an insurance company.
How would anybody out there know this could happen to them?
I guess that's what I'm saying, Like, if it's not
a branded title, it's and they actually agreed to insure
it by the VIN number. They said, yeah, we'll set
you full coverage on it. But then it got even worse.

(01:55:47):
Listen to this, Brian. Then they canceled her insurance. They
canceled it and she had to go find new insurance,
or she hasn't found new insurance, hasn't because no one
will insure the vehicle now well, because now it truly
is totaled and her credit.

Speaker 17 (01:56:04):
Union, you're not going to insure it now, No.

Speaker 4 (01:56:07):
And the credit union's coming after her because it doesn't
have insurance on it.

Speaker 17 (01:56:13):
Oh my gosh, what a mess. Here's here's my question, though, Mark,
Why would doesn't AutoNation have some responsibility for selling a
car without it being disclosed?

Speaker 1 (01:56:24):
What is Amy?

Speaker 4 (01:56:25):
What do they say when, well, I guarantee what AutoNation
is going to say, here's your title, it's not branded.

Speaker 7 (01:56:32):
That's so I can address that real quickly. So Amy
and I both received or Amy received a response from
AutoNation just a few days ago, and AutoNation bypassed the question.
They didn't address the fact that they sold her allegedly
sold her a total doubt.

Speaker 1 (01:56:50):
To day, I agree with that now.

Speaker 7 (01:56:51):
No, they said, hey, we did not sell you a
car with a branded title. This is a summary of
the letter that I read. However, never complained to them
about having been sold a car with a brand of title.
She complained about having been sold a car that, according
to her insurance company, has been previously totaled. So in
my view, the response that she got from AutoNation completely ignored,

(01:57:15):
completely ignored the issue.

Speaker 4 (01:57:17):
Brian, tell me if you agree with this, here's where
I think we go with this, And actually I think
it's much more simple. We've got to find out if
that vehicle. Is there a way Brian, that you can
look up if we give you the vin whatever information
you need, if it has been totaled, I don't know
what system, but if you can help us get access
to that, and if.

Speaker 1 (01:57:37):
It truly was totaled and it was totaled.

Speaker 4 (01:57:40):
Before she purchased it, which I'm assuming she's telling the truth,
there is a problem big time with AutoNation. Whether they
knew or didn't know right they can't sell a vehicle
that was salvage.

Speaker 1 (01:57:53):
So even if you.

Speaker 17 (01:57:54):
Can undo that deal, if that's what the truth is,
If that's.

Speaker 4 (01:57:57):
What the truth is, do you have a way of
getting into a system like maybe pretend to sell her
insurance through a carrier and see why it comes back
denied based upon what date and what happened.

Speaker 17 (01:58:09):
Here's what I can do. I don't have a system
that shows whether it's a total. I can look at
the clue report. But what I can do is go
to an insurance carrier and ask them to run it
and say, is this total vehicle? So yeah, send me
the ven number and her information information.

Speaker 4 (01:58:26):
So Amy, Amy, this is what we're going to do.
You're going to get In fact, I'm gonna You're gonna
go ahead.

Speaker 1 (01:58:31):
Amy.

Speaker 18 (01:58:33):
I just want to say so, my insurance company, all State,
was able to give me a State Farm claim number
that was involved in totally the car. And I called
State Farm and they confirmed for me that that they
had indeed.

Speaker 1 (01:58:50):
But Amy Clamber, Amy, the.

Speaker 4 (01:58:52):
Car, Amy, did they give you anything? Did they give
you something in writing?

Speaker 9 (01:58:56):
Say I'm not a party to that.

Speaker 4 (01:58:59):
That's fine, That's what we're going to try to get
from Brian, something that states, something that proves, so Dmitri
can go to AutoNation and say, you sold her this vehicle.
Here's the here's the sales receipt, here's the work order
on the vehicle on this date. But look, this vehicle
was totaled before you sold it to her. And then

(01:59:20):
we can go to the dealer board if AutoNation doesn't
want to step up, if everything you're saying is factual,
and Brian can give us, provide us something of proof
of that AutoNation that they're gonna have to do something,
they're gonna have to undo the deal.

Speaker 18 (01:59:37):
That's what I'm hoping for.

Speaker 4 (01:59:38):
All right, hold on, Brian, I would appreciate you get
what we're trying to do. And for everybody out there
Compass Insurance, these guys are gold. In fact, Brian, I
think you just bought didn't you just buy a Tesla?

Speaker 17 (01:59:53):
I did?

Speaker 4 (01:59:54):
Isn't it funny that after I paid all my yearly
premiums with Compass Insurance, he went out and bought a
new car.

Speaker 1 (02:00:02):
Now wait just a second, No, I'm kidding, Brian.

Speaker 4 (02:00:07):
This guy Mark, Yeah, this guy helps us out so
much as crazy, not just here on the show. But
Suzanna and I they shop our car insurance, they shop
our homeowners, our our v policy, our business policies, and
they always find us the best deals. I was a
little afraid of being canceled this year, well not for
being on the radio canceled, but canceled by the insurance company.

(02:00:30):
I was a little I was a little afraid of that,
and Brian, like always came through. In fact, we saved
for the first time forever. We actually save money on
our auto for a long time.

Speaker 1 (02:00:42):
Now.

Speaker 4 (02:00:43):
To shed the light on why, our daughter now has
her own insurance and everything, so she's not on our policy,
so that's why. But really we saved quite a bit
of money. And he helped out at a line. I
mean really he does everything for our family, everything for Tom.
You want the guys out there, and then when you
do you have a problem, and you have a problem
going after the insurance company when they don't pay.

Speaker 1 (02:01:05):
Now you have someone to call.

Speaker 4 (02:01:07):
Try to call up your All States Safe coagent that
works for safe COO or All State.

Speaker 1 (02:01:12):
Try to call them up and get help. They get penalized.

Speaker 4 (02:01:16):
I mean I wouldn't even whatever you got to call
Compass quote Compass dot com or three oh three nine
nine six nine thousand, Thank you, Brian.

Speaker 13 (02:01:30):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 19 (02:01:34):
You don't pay a cent until you're content than.

Speaker 13 (02:01:39):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (02:02:05):
Right three h three seven one three eight two five five.
Hey Robert, what is going on with this landlord?

Speaker 6 (02:02:11):
Hey Robert, Yes, sir, can you hearmy?

Speaker 1 (02:02:15):
I can hear you perfectly, Robert, what is going on?

Speaker 6 (02:02:19):
Thanks? Mark?

Speaker 11 (02:02:20):
Uh?

Speaker 6 (02:02:20):
Well, here's the deal. I'll try to make it short
and sweet. And I even got an email out to
the manager, so I'm waiting to see at a responses.
But in a nutshell, we rented from a landlord and
he was a private individual, and after probably fourteen years
he finally moved over to a management company. Well, you know,

(02:02:42):
it's been kind of a transition. They use a lot
of online apps, and we've got to go to an
app to make payment sure, so on and so forth. Well,
the bottom line is this, I'm go ahead to follow you. Well,
we all of a sudden got a notifect. Well I
went and looked on the app and blow and behold,

(02:03:03):
we're passed to two hundred dollars.

Speaker 1 (02:03:06):
What's the two hundred represent? Robert?

Speaker 6 (02:03:09):
Two months to month?

Speaker 4 (02:03:11):
No, no, no, I don't mean how long the lease is.
Two hundred dollars is an odd number. How much is
your rent each month?

Speaker 6 (02:03:18):
That's one fifty dollars?

Speaker 1 (02:03:21):
So where's the two hundred? Why two hundred? Is it
late fees?

Speaker 6 (02:03:26):
Well, that's what I'm wondering, Mark. It's not late fees.
It's apparently an additional fee. It appears to be for
the months to month lease.

Speaker 1 (02:03:34):
That we have.

Speaker 4 (02:03:34):
Well, that's pretty hard to do, man, I mean, they
can only raise it once a year. There's a lot
of new rules in Colorado. Whether you agree with them
or not, they're there. I'll give you an idea. If
it is a late fee, they can't start an eviction. Well,
they can start an eviction for whatever they want. But
a judge will never evict somebody due to late fees anymore.
You simply can't do it, or pet fees or anything.

(02:03:54):
You can only be evicted these days for not paying
the rent. So, so where.

Speaker 1 (02:04:00):
Is it at now? Are they threatening to kick you
out or what?

Speaker 6 (02:04:04):
No, they're not, they're not at all.

Speaker 1 (02:04:07):
So how can we help you?

Speaker 6 (02:04:10):
Well, I just needed to ask a question. Is it
proper to add an additional amount of money on without
any due notice, any phone call because we haven't gotten
an email anything.

Speaker 1 (02:04:23):
Well, they can all.

Speaker 4 (02:04:23):
Need my understanding, and listen, let's do this Brad O'Brien.
We can get him tomorrow for that other call, right, Kelly,
I want to get him back up for this and
we'll dig into it. But I'm going to give you
my understanding real quick. A landlord can raise it once
a year, bo, you've got a lot of properties. Is
that correct now?

Speaker 1 (02:04:39):
Once a year?

Speaker 15 (02:04:40):
True?

Speaker 12 (02:04:40):
Once a year, So I don't.

Speaker 1 (02:04:41):
Know if he's raised it before.

Speaker 4 (02:04:43):
As far as the notice, it's kind of weird because
you're on a month to month. I do believe you
still have to give them notice at the renewal. I'm
not exactly sure how that is going to work on
a month a month, But it doesn't matter. Brad O'Brien
will tell us tomorrow, so we'll get your we'll get
your question answered tomorrow.

Speaker 1 (02:05:01):
Okay, Robert, Hey, that's not a problem.

Speaker 6 (02:05:05):
Mark.

Speaker 4 (02:05:05):
I do appreciate hold on, hold on, though you've been
holding forever. I'm not going to drop this soon. As
we get Brad up tomorrow, I'm gonna have Kelly call you,
so hold on.

Speaker 1 (02:05:12):
We're gonna get her on.

Speaker 4 (02:05:14):
But the other thing is, I'd like you to get
back onto that portal tonight and literally figure out what
it's for. I want to make sure it's not a
late fee or any other fee. I want to make sure,
like next month your rent is going to be twelve
hundred or two hundred dollars more or whatever. I want
you to verify what it's for. And if you don't know,
print out this statement or save it and then email

(02:05:37):
it to us.

Speaker 1 (02:05:37):
I want all the.

Speaker 4 (02:05:38):
Information we can give to the attorney tomorrow. Three oh
three seven one three A two five five. We're gonna
come right back and go to Dave. He's got a
question about a stolen vehicle, and then a question about
a scam with Equifax.

Speaker 1 (02:05:51):
That'll be weird.

Speaker 13 (02:05:52):
Hold on, go with a sure thing Denver's Best roof
Excel Roofing dot com.

Speaker 19 (02:06:01):
You don't pay a cent until you're contenth.

Speaker 13 (02:06:07):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 4 (02:06:32):
All right three o three seven one three eight two
five five you know really quick?

Speaker 1 (02:06:38):
We were talking during the break. Has this ever happened
to you? Guys?

Speaker 4 (02:06:43):
So, like your significant other in my case, my wife Dan,
you're married, aren't you? So has this ever happened? Like
you can't find your wallet, your car keys, whatever it is,
doesn't matter, and like you look everywhere you can't find it.
Then you ask your wife and she finds it, like
in five minutes, if not quicker.

Speaker 8 (02:07:00):
Uh, yeah, there's a yes, there are internet memes on this.

Speaker 4 (02:07:03):
Yeah, and I'm convinced. I'm convinced. What Suzanne does, Okay,
she hides it from me, example, wallet, where's my wallet?
She literally takes my wallet, watches me look for it,
then sees where I look for it.

Speaker 1 (02:07:18):
Then I ask.

Speaker 4 (02:07:19):
Her, can you help me find my wallet? Then she
goes over and puts it where I already looked, and
then pulls it out to be the hero, because there
is no other way that I looked through that drawer.

Speaker 1 (02:07:31):
And didn't see what I was looking for. You should
test this theory, now, do you guys?

Speaker 4 (02:07:35):
I mean, do you think your wife might do that
to you? Do you think what is that called? Like
gas lighting?

Speaker 1 (02:07:39):
Yes?

Speaker 4 (02:07:40):
Yeah, I think it's a cruel punishment. By the way,
that's Dan Mackenzie eight three three co plan. Seriously, you
guys need anything that has to do with the state
planning Will's asset protection. He's the guy. He's been with us.
How long you been with us?

Speaker 15 (02:07:56):
Dan?

Speaker 1 (02:07:56):
It's pre COVID right, yeah, been that long? Yeah? Yeah? Times?

Speaker 12 (02:08:02):
Yeah.

Speaker 1 (02:08:02):
Time's a cruel animal. Yeah, that's amazing.

Speaker 4 (02:08:04):
The older we get too quicker, it goes eight three
three co plans. Talk to Dan in the gang and
they'll come up with whatever you need. Maybe you've been divorced,
but you get the idea. Maybe you have kids, maybe
you just got married, maybe you finally have some assets.
But regardless, there's a reason to call them. And what
I've really taken out of today's show with you, Dan,

(02:08:25):
and I know about it, but I never really thought
about it. And I try to go back to my
twenty year old self was the medical directives and the
power of attorneys that people you just don't think about
in your twenties. Honestly, I didn't think about them in
my thirties.

Speaker 1 (02:08:40):
Yeah, so those are more important.

Speaker 8 (02:08:42):
I mean, yeah, kids going out to college were usually
warning people like, yeah, you don't have any right to
know anything at this point.

Speaker 1 (02:08:48):
That's scary.

Speaker 8 (02:08:48):
Still feels like a kid who's pretty dependent on you
at that point.

Speaker 1 (02:08:51):
Big time. Yeah.

Speaker 4 (02:08:52):
Eight three three c plans eight three three co plans
or co plans dot co. And you can always find
them on our referral list. And these guys you can
call up and talk to them. Dave's got a stolen vehicle, Dave,
what happened?

Speaker 20 (02:09:09):
This happened over the weekend. Thanks for taking a call. Yeah, man,
it's actually my daughter's truck. It's registered in my name
because when she bought it she was still out of permis.
She was under the age of sixteen. So anyway, I
get a call on Saturday, I got stolen from the
RTD park and ride over at two twenty five and

(02:09:33):
Parker Road got it, and so anyway, I'm I'm going
through all the procedures. We made police reports, blah blah blah,
talk to the police officer on Saturday night. We finally
were able to get online this morning make a claim

(02:09:54):
with the insurance. I got all that. My question to you,
I've never had to deal with this, so I don't
know the steps to take to follows where I'm not
getting old.

Speaker 4 (02:10:07):
Well, you want to make sure. Okay, there's a couple
of things here. I'm going to go through them quick
and then if you have follow up questions, let me know.
Number one, you got to get that police report. Which
one you've done, You got to get that over to
the insurance company. The insurance company unless if something else
goes on, is going to give it a little time.
I'm not sure the definition of that depends on the
insurance company. But if it doesn't turn back up in

(02:10:28):
a couple of weeks or something, I would assume they're
going to go ahead and just total the entire thing,
or you know, write it off and write you a check.
The biggest part is once they get to that part,
is the value of the vehicle. You might think it's
worth ten grand, they might think it's worth five. We
have a company called Petty Details. Petty Details is on
our referral list referral list dot com. Petty as in

(02:10:51):
pe t t y You basically call them up and
for free, he will tell you what that vehicle's worth
in real sense. If they refuse to give you what
it's worth, you can hire justin Petty for five hundred
dollars of flat fee and he will go into basically
the appraisal process with that insurance company and prove it's

(02:11:13):
worth what he is saying, not with what they're saying,
so you get the higher amount. So that's really the steps.
The biggest thing you're going to be up against now
is if it gets recovered and it's screwed up and
then all of a sudden there don't want to total
it and they want to actually fix the vehicle. That
can be a real pain in the ass. If there
was meth in that vehicle you don't want it, the

(02:11:36):
insurance company has to total it if there was meth
in there, and it's hard to say, you might have
to get testing done, but there's different things. So really
the best scenario is it doesn't show up.

Speaker 20 (02:11:50):
Okay, do you have a phone number I can get
for this petty details just in case I need it
in the near future.

Speaker 4 (02:11:56):
Yep, I'm going to actually have Kelly givetty. I'm going
to put you on hold so I can take cold break,
and then if you have any follow up questions, really
feel free to call back in anytime, but he'll give
you free advice. Have the year, make mileage and then
the trim. So in other words, like you know a
Ford f one fifty Lightning Edition or whatever the hell
it is. Everybody hang tight.