(07/17) HOTL Hour 2

Handel on the Law, Marginal Legal Advice. 

Episode Transcript

(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. This hasto do with Boeing and those two Max
crab the seven thirty seven Max crashes, and it was a piece of software
that was put in the Maxes whichpilots were not trained to deal with,

(00:22):
and both of them caused two airplanes. Well both of them caused an airplane
to crash, or that software causedtwo airplanes to crash. There you go,
killing I don't know, three hundredpeople aboard the two fly at the
two planes, and so Boeing obviouslybeing responsible. Civilly, I mean lawsuit
after lawsuit, as you can imagine, I mean it's their fault, and

(00:44):
so you got three hundred and somethingfamilies that are suing. But also corporations
can be held criminally liable, andprosecutors can go after a corporation, not
just for civil because they usually don't. Prosecutors don't go after corporations or people
or individuals for civil crimes or civilviolations. They do the criminal stuff,

(01:07):
and corporations can be accused of criminalactivities. Now, no one goes to
jail because it's a corporation. Howdo you put a corporation to jail.
So what ends up happening is bigfines are assessed, the way they do
business changes completely. And that's exactlywhat happened to Boeing. The prosecutors filed

(01:27):
criminal charges against Boeing regarding these twoMax crashes, and they came to an
agreement, which often they've been basicallya plea bargain. Like any criminal,
they pled out. And what isthe plea, well, fraud charge.
One guilty fraud charge for misleading theUS regulators who approved the jetliner. In

(01:53):
other words, the and this isthe FAA's fault. They need certain requirements,
and what they do it did isrely on the manufacture itself to say
whether or not those federal requirements aremet. I mean, it's crazy,
literally, it's hey, we havethese requirements. We're not going to inspect

(02:15):
you tell us if you've met thoserequirements, and therefore we're going to sign
off. Well, in this case, we met those requirements, Boweing says,
And they hadn't, and so that'scriminal, that's fraud against the US.
And so they plied out. Andhere is what they're going to pay.

(02:38):
Three years of probation, which meansprobation officers are looking at this business
two hundred and forty three million dollarsin fines, investing four hundred and fifty
five million dollars in compliance, qualityand safety programs, and the FAA is
going to oversee. They'll be amonitor from the FAA just dealing with Boeing.

(03:06):
So, I mean, that's afairly big hit. What is that
eight hundred million dollars in fine andBoeing isn't doing so well as a result
of this. Now Boeing avoided prosecutioncriminally. In twenty twenty one, they
reached the two point five billion dollarsettlement. This is number two and that
included a previous two hundred and fortythree million dollars fine. Yep, good

(03:30):
for Boeing, right, they changed. And I have a podcast by the
way that talks about Boeing. Idon't know if it's dropped yet, and
it's the history of Boeing. Boeinga company that was one of the most
revered corporations on the planet and howit went into the toilet. And that
podcast is available. I don't knowif it dropped yet, but go to

(03:52):
the iHeartRadio app and you can logonto the Bill Handle Show podcast. Okay,
let's go ahead and take some phonecalls. RAMU, do I have
that right? Yes? Okay,Good morning, Bill, good morning.

(04:13):
I have a question. I gotrental properties in California and also in Texas.
Mm hm is it? Is itgood? Is it okay to make
one LLC instead of California? Yeah? Yeah you can. A property can
be owned by anybody, any place, uh, in anybody's name. So

(04:33):
if you have to right now,you've got two properties, one in Texas
or a bunch of them, onesome in Texas, some in California.
Who owns those properties right now?Me and my wife? Okay? In
your names? Yes? Yes?Okay, So yeah, you create an
llcuh basically a corporation which limits liabilityonly to those properties, so you can't

(04:57):
be held personally responsible in case thereis a huge judgment and you now have
a California LLC that owns properties intwo states. You can do that,
not a problem. But I'll tellyou if you're if you're thinking, are
you concerned about liability? Yeah?That is a primary Okay. Let me
make a suggestion. Let me makea suggestion. This is why God invented

(05:20):
insurance, lots and lots of insurance. And if there is a problem,
here's what you do. You callyour insurance agent or the company and go
here you go. You guys getto work. Okay, I am they
doing five million dollar liability umbrella college? Okay, you're good, Then you're

(05:43):
good. How much? Let meask the me how much you think if
someone dies going to be more thanfive million dollars? Who do you think
is worth five million dollars? Ihope not, that's right. I don't
know. I don't know many peoplethat are worth five million dollars. I
think my kids are worth about eighteenhundred dollars. One more question, Yes,
me and I wist together. Canwe form that as a single member

(06:05):
LLC? Well, what do youmean a single member LLC? There's a
percentage that you own, and youcan each your own fifty percent, although
if you bought it with community propertyand one of them dies, one of
you die, it goes the otherone anyway, So it's a percentage.
Who owns what percentage of the LLC? Okay? Good? Yeah, I

(06:27):
have an LLC with my best friendand he owns fifty one percent. So
guess who makes all the decisions orguess legally, who can make all the
decisions? He does. That's theagreement we had. Okay, can I
have the personal taking account getting allthe rinks into that account? Or do

(06:48):
I have to have it? No? I would What I would do is
no, I would get an accountinto the LLC because then you don't want
to really commingle stuff, so yougo into the LLC and then you pay
yourself out of the LLC accounts.Just as these two accounts make it clean,
make it clean, you'll be fine. And uh, it's just easier

(07:08):
to screw your sp spouse with anLLC. So that's why I'm a huge
fan. Hello Wayne, welcome.Yes, of course I have a person
falls get injured in one of thesenobby plates that they have these crosswalks,
is that who's liable for a lawsuiton that? Wait a second, A
person is with these nobby things thatfor example, give you more traction.

(07:34):
Or in the supermarket you go withthump thumpa before you go to your car
so you don't speed up the cart. Where where would that be where you
had these? You're coming on theground or a rail, No, on
the sidewalks, the crosswalks. Oh, okay, is there not be on
the side on the crosswalks? Okay? Who would be liable? Probably nobody

(07:59):
would a neighbor who fell and gothurt. Okay, some of your neighbor
fell and got hurt. People fallingget hurt and there's no one's no one
is at fault. I mean,just what if it was just an accident?
Oh? So those are all legalthe city cass a matter of fact,
it may be mandatory for the cityto put those in. They are
they are mandatory? Okay, thenwhy would if they are mandatory for the

(08:22):
safety of people I'm assuming is forblind people to know where they're walking.
Whatever it is, why if someonefalls would the city be responsible? When
if someone falls, if they're notthere, the city is responsible because they're
not a think yeah item, Ohthey're not a safety item, Wayne,
are you a s By the way, are you a safety engineers? Just
curious what do you do for aliving or what did you do? Because

(08:43):
you sound one hundred and twenty yearsold? What did you do for a
living? Good? So I'm twentyyears old, right, but I was
a respected for the an Aircraft companyfor years. Okay, So you're not
a real expert when it comes touh, handicap crosswalks and the kind of
knobby stuff on the bottom. No, you can't. Yeah, well how

(09:07):
about this. What if a personslips and falls on the sidewalk, is
that the city's fault? Yeah?Okay, got it. So anytime you
slip and fall any place, it'ssomeone's fault. You can't be a clutz.
You can't just be a klutz.That doesn't exist anymore. That's the
problem with society. I've said thisbefore. Everybody's a victim. I just

(09:28):
did a story of that on mymorning show this past week. Everybody is
a victim. There's no such thingas if something happens to you negatively,
you are not a victim. Uhdrives you completely bonkers, doesn't it?
Well, you go crazy? Allright. Let me tell you about cyber
thieves, and this is where youreally are a victim. Cyber Thieves commit

(09:52):
silent crimes. It happens to youin the dark. Someone uses your name,
your information online. You don't evenknow what's happening. You find out
when your credit card bills shows upwith all kinds of these bogus charges.
Happen to me several times. Buthere is the difference. I have LifeLock.
I have LifeLock protection, and I'mgoing to suggest you protect yourself too

(10:13):
against these crimes because the odds arethat either you or a family member is
going to be a victim. Imean, there's no issue about that.
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(10:33):
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(10:58):
eight hundred life flock or LifeLock dotcom. Is that Joan or Joanne?
Joan? Joan? Hello, Joan, Okay, welcome to the program.
Good morning, Bill. I'm aboutto look into setting up a right to
die. Oh hey, I havea question. I mean, you sound

(11:20):
like you're pretty close, right nowwould you consider doing that on the air?
I could really use the ratings.No, but okay, got it.
So you want to set up aright to die? Okay, and
your question, do you know ifit's legal in California? It is I

(11:41):
moved to a state where they donot have the right to die, would
it be honored? No? No. First of all, the right to
die, it's not just a directivethat you have a right to die.
Let's say you're in the hospital andyou're on life support and you haven't said
anything, or you've had a heartattack and they're buzzing you, and you

(12:01):
if you want to say, don'tget don't buzz me, don't use the
defibrillator on me, Yeah, youhave a right to do that. Right
to die in a directive means absolutelynothing. There's all kinds of rules,
and you have to do it asyou are dying, and that is some
Affidavid, I don't know what itis. But two independent doctors have to

(12:22):
say you know what you're doing.You have to be within six months of
dying. In other words, youhave to be diagnosed that you're going to
croak in six months, and youhave to say I want to die,
and then two doctors I think it'stwo weeks apart, have to verify and
say yep, Joanne wants to dieunder the dignity with death law. And

(12:48):
then you have to take the medicationyourself. No one can actually hand you
or no one can actually give youthe medication, can inject you or pour
it down your throat or whatever.You have to do it yourself would which
means you have to be physically able. So if you are unable, if
you are super paralyzed, Nope,it ain't gonna work. If you have
als in which the only thing thatworks is your mind and your eyeballs can't

(13:13):
do it. So it's pretty restrictive, and it's only in the state that
allows it, and every rule isdifferent, every state is different. California
has one. It started in Oregon. I don't know what their restrictions are,
but the bottom line is it ain'tall that easy. It really is
in Joan. So you can writeup at all you want. No one
can help you die, even witha directive. Okay, those are that's

(13:37):
the rules, and I wish youwould do it on the air. Can
you imagine someone actually doing it onthe air? Do you not think for
a moment, especially if we cantime it, can you. I would
take out billboards all over the countryfor that one, and it was just
it would be spectacular, It reallywould. Alise, Hi, Elise,

(14:05):
Yes, I love your show.First while I listened to you every Saturday.
Of course you do, okay,and it's quite entertaining too. So
my question is my cousin he heexcept for it? Well, he got
in a domestic dispute with his wifeand she got a restraining order. They

(14:26):
made him leave that night. Shegot a restraining order the following day.
Uh, he's sleeping in the truck. She has all had all he let
her have all, you know,throughout the course of the marriage, all
his passwords, and of course yeahthat's okay, that's fair. You know,
that makes sense, Okay, Okay. So now she has gone back

(14:50):
in on the credit cards and changedall this information, which she has no
clue what she changed it to.So he's claiming that, but he cannot
just continue the park. If Iwere him, I would have just said
they were lost your soul and butthat's me. Yeah, but I tell
you his name is if his nameis still on any of it, he

(15:11):
can put a stop to it,just right there. Done, And if
she transfers it to her, she'sthe one that's responsible for it. Oh
okay. Now, up to thepoint, up to the point that they
actually separated, up to the pointthe day he got into the truck,
he is responsible for any bills upto that point, because that's a community

(15:33):
bill. But if he goes back, for example, let's say he moves
out of the truck and goes backto the house, start from scratch all
over again. Now, how didyou show she got a restraining order saying
that he couldn't be near her forwhatever domestic abuse that she that she accused
him him? Right? Right?Right? Okay? Is it a temporary

(15:54):
restraining order or is it a permit? Temporary? And then I guess she's
going to go back to get apermanent one, but or try to.
Yeah, So basically, right now, what she's doing is going on a
shopping spree. She'll be responsible forit. She'll be responsible. Now what

(16:14):
will happen is uh, she soundslike someone who goes on a shopping spree
and then walks away. She hasto does she does he know which credit
card companies are out there? Doeshe have any idea what the accounts are?
Does he any any idea who isthe bank and how much and what
the numbers are? Yes, Okay, he's got it. Okay. The

(16:37):
first thing she he has to dois immediately call him up and say,
I'm separated from my wife. I'mnot responsible for any of this. Now.
They're going to argue until they weretold that he is responsible. So
there's going to be depending on howmuch money that she is charging, it
may be an interesting situation. Creditcard companies will absolutely go after him.

(16:59):
Yeah. No, she's urging inthe He should have just killed her.
Yeah, that's my advice. No, just yeah, when you know that's
going to happen, just take thejail time. That's all, you know.
I mean, it's just you getover it and you're done, and
now you go back to you goback to your life. Oh, Juanita,

(17:22):
Hi one, Aita, Welcome,good morning, Good morning, Bale.
They listening to you for years.Yeah, don't tell me how many,
because I'm going to get really depressedwhat you said. I'm thirty.
My question this morning. I amthe only survivor of a family. I
have a niece and nephew. CanI just could they just present a death

(17:47):
certificate when I passed, which I'meighty nine. Now, wow, you
sound pretty good for eighty nine.I mean you sound old, but you
sound pretty good for eighty nine.I have to tell you, I think
you can run for president if youwanted to, you know, just to
let you know, let me askyou, is it Are they the only
family members that are alive? Yes? Okay? And when you talk about

(18:10):
leaving them, what do we talkabout? Real estate money? How much
money we talk about that you're worth? Land and insurance policy? Yeah?
I get right up. Yeah,write up a trust and put it all
into a trust and have a trustee. Just make it clean, make it
as clean as you can, becauseif it's substrect, yeah you can.

(18:30):
But then you have to transfer everythinginto the trust, or you leave a
will where everything you own goes toyour heirs, which would be your niece
and your nephew if you put allof it together. One dda. How
much money are we talking about?All the land, all the policies,
everything, the policy's most extensive thing. Probably twenty thousand, okay, twenty

(18:52):
thousand. How much money is theland worth? Oh, it's been fifty
forty years. I let's give itnow, say five thousand. That's it.
Fifty four years ago you bought apiece of land and it's worth five
thousand dollars. Well, maybe it'smore. Maybe it's more. Where is

(19:12):
it? And how big? Apeople? By the way, don't run
for president. I'm taking that back. How big? Tell me about the
property? One ita, how bigis it? Where is it? Okay?
The properties are laps. I can'tMay New Jersey. They're just a
couple of lops, okay, inCamden, New Jersey. And it's a

(19:33):
residential it's a residential area, right, No, it's wod it's all.
Oh, it's a wooded area.And how many how many acres? Two?
There? Three? And another division? Okay, I've got it.
That's probably worth a lot more thanfive thousand dollars. So what I would
do is, first of all,figure out how much the land is worth,
called real estate broker. And youmay just want to sell the land,

(19:56):
although there's going to be capital gainson it. I'm sorry. Two
thousand was on the of the taxthing too. Okay, But then you're
talking about you bought the land fiftyfour years ago. Anyway, you got
to find out what the land isworth. If it's substantial, I would
get a trust in a state lawyer, I Needa, I really would.

(20:17):
It'll probably cost you fifteen hundred bucks, and if it's complicated, it'll probably
cost you two thousand. And it'sworth it. It is worth it to
do it. Or you can transferthe property to them now, although if
they inherit the property there's no tax. So yeah, you got to get
a trust in a state lawyer onthis one, you really do. I

(20:37):
mean, there's no way around thisone. Well I need to. Yeah,
fifty four years ago she bought land. Maybe it's worth five thousand dollars
now, fair enough? Lisa,Hi, Lisa, welcome, Good morning
Bill. Yes, ma'am. Sure, but stop on a red light,
you know, by a golf course. But didn't realize that was by a

(21:00):
golf course, and all of asudden he had this boom, windows shattered,
actually looks like a gunshot. Sogot out, you know, scared,
like what happened. The truck thatwas behind us stopped and said,
you know, he witnessed that itwas a golf ball, and we were
like, what did I get?It's a golf ball that came and hit
your car. So we go ingoalt to the manager made us, you

(21:21):
know, do the incident reput andeverything, and basically the owner called us
back saying, I mean the managersaid, this happens all the time.
That's nothing it does. It doeshappen all the time. But the answer
is so what. Okay, Sothat's that's what's there's no recourse of that.
Sure there is, sure there is. When I say so No,

(21:41):
when I say so what, Iwas referring to the manager telling you it
happens all the time. And yourresponse is so what? You're still responsible?
Got it? And there? Yeah, yeah, you know, make
a clean make a claim. Takethe golf just take the golf, take
the golf course to small claims courtand you if you can get a statement

(22:03):
from the witness, that'd be great. And you take a picture. Yeah
that's fine, you're good. That'sa small claim. Show is a small
cla like something like this. Yeah, it's just say, well, believe
me, you don't have ten kworth the damage. What did the golf
ball hit your windshield? Yes,all right, it's a few hundred bucks
whatever it is. Okay, Yeah, that's absolutely yeah, I get you.

(22:26):
Know, there's assumption of the risk. You go to a ball game,
for example, and you get beamedby a baseball that, Hey,
you knew it. You showed up, you knew there's a risk. But
if you're going past the golf course, that's a public road. You are
not saying if the law doesn't say, if you're driving past the golf course

(22:48):
on the street, you have tobe aware you're going to get hit with
a golf ball. So therefore,to guarantee you don't get hit, you
don't take that public street. Imean if a golf course. Just saying
that, now I think the manageris trying to have worm his way out
of it. That's an instant,instant win in a small claims court.

(23:10):
All right, Jason, welcome tohandle on the law. Hey are you
doing? Yes, sir, whatcan I do for you? I'm calling
me half Me and my wife justgot married in January. She went through
a horrible divorce I say, closeto about ten million. Well she told
me she went ahead and just dida constiency and just wan, okay,

(23:33):
well done. Wait wait wait waitwait wait wait she got a contingency for
what is she not? Is shenot getting the money is a trustee or
the executor not paying her? Well, that's all she told me that she's
getting a contingency. Okay, Sowhat's so what's your question, Jason?

(23:53):
My question to you is she's sayingnow to me that she's not even gonna
she doesn't want any of it.Okay, she doesn't want it. She
doesn't want any money. Okay,So you married someone that doesn't want any
part of ten million dollars? Okay? Are you asking me if that's a
good marriage? Are you asking meif if you're an idiot for marrying someone
like that? Yeah? Are youasking me? Is my wife a moro

(24:15):
on? Yeah? But it's hercall. State a California, the judge
wouldn't allow that because it's fifty tofifty in California. She is allowed to
say no. So why is shegetting a contingency? I don't know what
that means? Is she hiring alawyer for contingent on a contingency basis?
You're making no sense here, Jason. That's I'm only getting there here.

(24:40):
Okay, Well, there's a Thisdoesn't help me at all on one one
side to go No, No,she's doesn't want all the doesn't want any
of the money. On the otherside, she's hired a lawyer on a
contingency basis, which means lawyer takesa percentage of whatever is obtained. So
and when I go which one ishe goes I don't know all I know,

(25:00):
she shouldn't even she didn't even saya lawyer, just contingency. Contingency
on what. Okay, that onemade no sense. That's right up there
to Huh. There's my legal response. Okay, there's my answer. Huh.
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