Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law marginal legal advice where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:29):
The followings will be recorded program.
Speaker 1 (00:31):
This is a fun one. This has to do with
new FDA rules.
Speaker 2 (00:35):
Sorry about that.
Speaker 1 (00:36):
And this has to do with commercials for drugs that
you see on TV. And you notice that the about
half the commercial are side effects. Right, This will cause you,
It'll cause diarrhea, It'll cause you your loss of vision.
Speaker 2 (00:53):
For guys, your scrotum will fall off, its oily stools,
you might die.
Speaker 1 (00:59):
You have constriction of your throat, I mean all of it,
your legs will fall off, do whatever whatever the side
effect is for a drug. And it used to be
that that wasn't even necessary. The FDA chose those rules,
now change them because you have to hear those side
effects about half of it.
Speaker 2 (01:17):
Okay, so they've changed the rules again.
Speaker 1 (01:22):
Why well, two things are going on. First of all,
the side effects go at one hundred miles an hour
and you can't understand them. Two, what they purposely do
on those commercials is distract you so you don't pay attention.
For example, there was a commercial for an allergy drug
(01:45):
and as the disclaimer as the side effects are being voiced,
it was there was a buzzing bee in the background,
voiced by Antonio Banderas, and that distracted viewers from actually
paying attention to the disclaimer the side effects. And so
(02:07):
the Food and Drug Administration now says that's done.
Speaker 2 (02:11):
Finished Now for.
Speaker 1 (02:13):
TV drug ads, much simpler language, no distractions at all,
and they're going to make it much easier to understand
what's going on because here are the rules. You have
to give side the side effects. You have to voice
those or read them out, but actually voice those now.
(02:35):
But you can't distract either. You can't do the commercial
that would cause a distraction. By the way, I have
no idea what a distraction is. I can't wait for
someone to figure out that's a distraction, that's not a distraction.
So that's going to be fun. So the drug makers
have to be more clearer. I have to be clearer,
more direct when explaining the risks and.
Speaker 2 (02:57):
The side effects.
Speaker 1 (02:58):
So bottom line, I don't think you're going to see
commercials where a man and a woman are in separate
bathtubs out in a field holding hands, and that's for
viagro or cialis. You know why, because you can't really
stoop in separate bathtubs holding hands looking at a bunch
(03:21):
of trees and flowers. Don't think it happens. I've tried it,
by the way, Very difficult, very difficult. All right, let's
go ahead and take a phone call or two. John,
you're up first. Welcome to you handle on the lode, John,
(03:43):
John there, Yes it is John.
Speaker 2 (03:47):
Am Okay. What can I do for you?
Speaker 3 (03:48):
John? Okay? Yeah. Five months ago I was wanting to
put the card toward over my driveway. Sorry, shopped for
a company, found one, and I left a four hundred
and fifty dollars deposit. I had to get the project started.
Then I found out I had to get a city permit,
which it just went from bad worse and stuff. So
(04:08):
even though I called the company and asked my form,
my refund and my deposit, and they're telling me no,
they're located in the Connecticut, the state of Connecticut.
Speaker 1 (04:18):
How do you put how do you put a car
port in California with a company from Connecticut?
Speaker 3 (04:27):
You know what, you're shopping on the internet. You don't
know where you're calling, you know, so you don't, So
you don't.
Speaker 1 (04:33):
So no one comes out and gives you a bid
and takes a look at it.
Speaker 3 (04:38):
That's not the way I shop this time.
Speaker 1 (04:40):
You shop boys that you shopped for construction on the internet,
and they gave you a bid, you gave them a deposit,
and no one even came out to look at the
construction site.
Speaker 3 (04:56):
No I took the measurements.
Speaker 2 (04:58):
Okay, So what's what's your question?
Speaker 3 (05:02):
Well, in other words, I asked for a refund. By no, I.
Speaker 1 (05:05):
Understand you asked for a refund, and they're telling you
to go pound sand So uh, okay, what's your question?
Speaker 3 (05:12):
Okay? Is there any course I can take?
Speaker 4 (05:13):
Yeah? There is.
Speaker 2 (05:14):
Here's what you can do.
Speaker 1 (05:16):
Yes, Uh, I would go to Connecticut because it's a
small claim suit against those people, probably in Connecticut, although
I'm assuming they have construction people out here, and uh
there is Uh, they.
Speaker 2 (05:29):
If they're doing business in California.
Speaker 1 (05:31):
Uh, they have to have an agent for service of process,
which means that they have to file with the Secretary
of State.
Speaker 3 (05:37):
Uh.
Speaker 1 (05:38):
A document says, you can serve you can serve us
with this person that's our agent for service.
Speaker 2 (05:45):
Okay, because they're doing.
Speaker 1 (05:46):
Business in California, and you go ahead and file the
lawsuit against the agent. Now, well, the court, uh, you know,
allow the suit to go forward from someone in Connecticut.
Speaker 2 (05:56):
I don't know.
Speaker 1 (05:57):
You should be able to get your money back. But
they have a perfect defense, John, a perfect defense, and
can I share.
Speaker 3 (06:06):
That with you please?
Speaker 2 (06:08):
Yeah?
Speaker 1 (06:08):
Your defense is their defense is you're a moron that
you're buying a construction job from a place in Connecticut
and no one's ever come out.
Speaker 2 (06:20):
Oh genius, genius. Let's take a break.
Speaker 1 (06:25):
Oh no, before we take a break, let me tell
you about The Pain Game podcast.
Speaker 2 (06:29):
This is a podcast that's.
Speaker 1 (06:32):
About living in chronic pain and living with trauma that
causes chronic pain. And it's a show about people who
are living with dealing with It's half depraved. I love
this because the host is kind of out there but
lives in chronic pain herself.
Speaker 2 (06:51):
Twenty four to seven Lindsey Soprano.
Speaker 1 (06:53):
I've known her for years and boy, what a show
she does, What a podcast she does. And every episode
ends with a message of hope. This is why it's
worth listening to. And really counterintuitively, and I intuitively, and
I didn't understand this until I started listening. It's about
giving pain purpose. It's not just suffering in pain. It's
looking at it saying there is a purpose to this.
(07:14):
It's really weird, but you'll see it's really it's it's
a great podcast. It's the Pain Game Podcast, The Pain
Game Podcast, The Pain Game Podcast.
Speaker 2 (07:26):
Wherever you're hear podcasts. This is Handle on the Law.
Welcome back, Handle on the Law.
Speaker 1 (07:33):
Marginal Legal Advice Shannon. Hello Shannon, welcome to Handle on
the Law.
Speaker 4 (07:41):
Hi, Bill, thank you for taking the call.
Speaker 2 (07:44):
Sure, where are you from?
Speaker 3 (07:45):
Shannon?
Speaker 2 (07:45):
Where are you from?
Speaker 4 (07:49):
Are you talking about? Originally?
Speaker 2 (07:51):
Originally?
Speaker 1 (07:52):
You obviously have I mean I'm not going to ask
you what city you're in. I mean, you have that accent,
So I'm guessing. Hold on, let me gusk, let me ask,
let me guess, let me yes, okay, Tierra del Fuego, No, no,
how about you run?
Speaker 4 (08:10):
Yes?
Speaker 2 (08:11):
There you go. Yeah, there you go.
Speaker 1 (08:14):
I have Yes, I used to have a lot of
Iranian friends, and then they got tired of me making
fun of them, so I don't have them anymore.
Speaker 2 (08:23):
What can I do for you, Shannon?
Speaker 4 (08:25):
I listened to you all the time, and you said that,
and I know you can't you could detect the accents.
Speaker 2 (08:32):
Yeah, I can't.
Speaker 1 (08:33):
Actually, I've had I've had too many Iranian friends over
the years, and I know too much about chandeliers. Okay,
by the way, just real quickly before I get to
your phone call, how many chandeliers you actually have at home?
Speaker 4 (08:48):
I tell you one, two, three.
Speaker 1 (08:50):
Of course, of course, of course, no surprise there, All right, Shannon,
What can I do for you?
Speaker 4 (08:57):
Okay? I got a tenant that's supposed to move in August,
and with all the evidence that I have, she never
moved in except she brought to beds and then she
started complaining about something doesn't work, that it wasn't true,
and then she talked about mold.
Speaker 2 (09:20):
That yeah, but she never moved Yeah. Okay, so she
never moved Shannon.
Speaker 1 (09:23):
So she never moved in, and then she complained about
mold right, yes, Okay, did she show you any pictures
did she establish any did you get a bid from
someone that you have anybody come out a mold company?
Speaker 4 (09:38):
Yeah? Yeah, I tell you. She took some picture. It's
not an obvious mold. It was something behind the baseboat.
And I went with the handyman that I have to
fix the other things. I asked her if I can
take the baseboat? See what she said? No?
Speaker 2 (10:01):
Oh okay, all right?
Speaker 1 (10:02):
So what does she want right now? I mean that
puts it in a whole different light. I hope that
you put all of this in an email? Yes, okay,
good saying I tried to show up. You said no,
And it doesn't even matter if she had if she
ignores it and doesn't answer, because you've established what you
wanted to do, and either you got no response or
(10:23):
she said no in an email.
Speaker 2 (10:26):
Right?
Speaker 4 (10:26):
So what did I don't want them? She said, I
don't want them?
Speaker 2 (10:29):
Hand okay, right, okay, I got it. What does she want?
Speaker 4 (10:34):
She wanted to get a searchifight mold company, and she
got the certified mold company that came and said this
house inhabitable because there is moisture.
Speaker 1 (10:48):
All okay, So she got them to do that.
Speaker 2 (10:53):
So how did you respond?
Speaker 4 (10:56):
I got another good And what did they say?
Speaker 2 (11:00):
And what do they say?
Speaker 4 (11:01):
She? They negate everything?
Speaker 2 (11:04):
Okay, got it? What do they want? What does your
tenant want?
Speaker 4 (11:10):
The tenant never moved, pay the rent?
Speaker 2 (11:14):
What what is the tenant? What does the tenant want? Shannon?
Speaker 4 (11:18):
Now after four months, she she wants to cancel the lease.
I'm very happy, happy, okay, all.
Speaker 2 (11:30):
Right, so cancel all right, so you cancel the lease.
Speaker 1 (11:32):
Okay, so lease is canceled and everybody goes their own way.
Speaker 2 (11:35):
Have you told her go ahead and cancel the lease?
Speaker 4 (11:40):
I have not yet.
Speaker 1 (11:41):
That's what you want to do, Shannon, just say, just say,
Lise is canceled, leave me alone, take your beds out
of here.
Speaker 2 (11:48):
That's the easy part.
Speaker 1 (11:49):
Now if she asks for more than that, uh then
at that point then we start dealing on a whole
different level.
Speaker 2 (11:59):
Okay, how do you say?
Speaker 1 (12:00):
Go pound sand and far sea.
Speaker 5 (12:05):
Boom show, brought up boom show, tell her bought up
boom show.
Speaker 1 (12:10):
I hope that that's what that is, because I might
have been I might be in trouble with the right
now with bought a bong shoe.
Speaker 4 (12:19):
Well you are all.
Speaker 1 (12:20):
Right, so anyway, uh so, Shannon, there's nothing to do
with this point. You're handling it perfectly. You're doing everything right, Shannon.
So uh now you just wait other than okay, cancel
the lease. We're done. You walk away and uh then
everybody hopefully is square. And if it turns out that
(12:41):
she does anything else, you say, bought a bongoo and then.
Speaker 2 (12:44):
We talk again. You're doing it all right. That was good.
I like her.
Speaker 1 (12:50):
Shannon's great. Only four chandeliers. I don't buy that at all.
She has a lot more than that. Let me tell
you about your business for a moment. The less your
business spends on delivering your product or service, the more
margin you have bottom line, the more money you make.
Speaker 2 (13:05):
And everything is more expensive these days. I went to
a restaurant yesterday. Oh, I couldn't believe the prices.
Speaker 1 (13:10):
Costs have gone up across the board, materials, employees, distribution, borrowing.
Speaker 2 (13:15):
Everything you do about businesses more money.
Speaker 1 (13:18):
So let me tell you about NetSuite, the number one
cloud financial system, because it brings all of your accounting,
your financial management inventory. If you do that HR which
everybody is involved with, onto one platform where everything talks
to the other division, the other subject, and it's all
there laid out which means you can make better decisions
(13:41):
because right there you know where you stand.
Speaker 2 (13:45):
It makes a lot of sense. Excuse me. You cut
the cost of maintaining multiple systems.
Speaker 1 (13:50):
It's one system and that is the business suite, the
dashboard you really need.
Speaker 2 (13:55):
Over thirty seven thousand companies have made this move.
Speaker 1 (13:58):
So visit NetSuite dot com slash handle. It's a free download.
See see if NetSuite can help you. I'm sure it can.
NetSuite dot com slash handle sweet as an office suite.
NetSuite dot com slash handle. This is handle on the law.
Speaker 2 (14:18):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (14:24):
Eight hundred five two zero one, five three four is
the number to call.
Speaker 2 (14:29):
Let's do it.
Speaker 1 (14:30):
Handle on the news marginal legal advice.
Speaker 6 (14:33):
Okay, Sean, you're up, Hi Bill, I had a question
about com mingling funds. Yep, when you get an inheritance. Okay,
So let's say I my family goes on a vacation
and I need some of the money for my inheritance
to pay the vacation. Is that consider like commingling funds?
Speaker 1 (14:52):
No, No, Commingling funds is actually buying something and putting
it in both names. You are putting money into a
bank account. That's commingling funds to the extent that the
money that you put in paying for a vacation out
of your own separate property, which is inheritance money, is
(15:14):
your separate property.
Speaker 2 (15:16):
All right. So you have a relative.
Speaker 1 (15:18):
That dies and you've been treating that relative well, bad
mouthing them, but they don't know that.
Speaker 2 (15:25):
So they leave you fifty thousand dollars.
Speaker 1 (15:27):
That's your money. And if you want to pay for
a vacation out of your money, that's fine. You're not
comingling anything. Just don't don't take that fifty thousand dollars
and put it into a joint account. That's commingle.
Speaker 6 (15:39):
They like my wife and I decide to buy a car,
and I use some of that money to help buy
a car.
Speaker 2 (15:44):
It depends on what where's the Is the title going
to be in whose name?
Speaker 6 (15:49):
Probably both?
Speaker 2 (15:50):
Yeah, that's commingling.
Speaker 6 (15:53):
Okay, So just just don't know it my name. Yeah, yeah,
I've be't done anything.
Speaker 2 (15:57):
Okay, just keep it.
Speaker 1 (15:59):
Yeah, just keep anything it comes out of your inheritance,
keep in your name.
Speaker 6 (16:04):
So buy a separate car credit card and just paying no, no, if.
Speaker 1 (16:10):
You want, no, you can have joint you can have
joint credit cards, and you can pay whatever you want
out of your account, separate account.
Speaker 2 (16:19):
That is not commingling. You're just paying whatever you want
to pay from your money. Just think of it this way.
Speaker 1 (16:25):
This is your money that you've inherited, and as long
as you keep it separately, it's.
Speaker 2 (16:31):
Always your money.
Speaker 1 (16:33):
Don't put any Okay, that's how you have to think
about it, And you can pay whatever you want.
Speaker 2 (16:38):
You can buyer a car. You've ben both.
Speaker 1 (16:41):
Own a car, and you put in your money and
then you put in, for example, your separate money and
maybe money from the community. Now the car becomes both
of yours. Your money still stays your money in the
account that you're holding onto.
Speaker 2 (16:54):
Oh okay, okay, that's how you do it. Yeah, comingling,
you don't want Yeah, don't do that.
Speaker 1 (16:59):
You know, if you inherit some money and you know
all but I love her bill, it doesn't matter, It
doesn't matter. Just keep your money separate. You know it's
uh because you know, relationships fall apart and a lot
of pressure, especially if there's a lot of money. Honey,
why don't we put that in the joint account?
Speaker 2 (17:17):
Absolutely not. Carrie Hi, Carrie hie, Yes, ma'am.
Speaker 7 (17:26):
Okay, so excuse me. I got married in two thousand
and five on purpose. We had two kids. Okay, yeah,
we had two kids. We ended up buying a house
in twenty eleven when the market was, you know, extremely good. Basically,
the equity in our house has like quadrupled. We split
(17:48):
in twenty seventeen, and he wants half of the equity
in the house to divorce me, and okay, he's gone.
He left like a month after split in twenty seventeen.
Speaker 8 (18:00):
Okay, do I owe him money?
Speaker 2 (18:02):
You bet? You own half the house. Of course, you
bought the house together. Doesn't matter.
Speaker 1 (18:09):
It doesn't matter because here is there unless you have
a separate agreement that says that he is going to pay.
At this point, you have joint ownership of a house.
I'm assuming it's joint tenancy.
Speaker 7 (18:22):
Right carry well, well, yeah, his name is on it.
Speaker 5 (18:27):
But right, okay, so you own it and he Okay,
so you own it and he owns it together, so
each of you own It's not you own half of you,
you own half of the entire amount.
Speaker 2 (18:37):
So it's a joint Tennessee.
Speaker 1 (18:39):
Is really interesting and if he dies, you get the
entire house if you die.
Speaker 2 (18:44):
If you die, he gets the entire house.
Speaker 1 (18:46):
Which is a really good reason because I'm going to
end this conversation with advice, you're better off killing him
than doing anything.
Speaker 2 (18:51):
Else because you're going to own the house.
Speaker 1 (18:53):
So what you have is he owns it, you own it,
and you've been living in it.
Speaker 2 (18:58):
You've been making the payments. But assuming that you weren't living.
Speaker 1 (19:01):
In it, you still have to live someplace. So the
court does not give you a whole lot of credit
for living in it, because you'd have to live in
it anyway. So the bottom line is he owns half,
you own half, and there's no way around it.
Speaker 2 (19:15):
You gotta split it up. I know you don't want
to hear that, but you gotta split it up. Oh
it's terrible, I know that.
Speaker 1 (19:23):
See they're there because of joint Tennessee that's why I'm
telling here to kill him. Because upon the death of
a joint tenant, the property automatically goes to the living
or the surviving joint tenant. And it's not even what
you have to do some paperwork, but it's not asking
the court to give you the property. It's simply the
(19:46):
court the law recognizing that it is your property.
Speaker 2 (19:50):
So joint tendancy.
Speaker 1 (19:52):
It happens upon operation of death the second he dies, right,
you stab him or you blow his brains out or whatever.
The second how can they declare him dead?
Speaker 2 (20:02):
The property is yours? Does that make sense? You bet
it does? All right, Monica, welcome to handle on the law.
Speaker 9 (20:10):
Hi, Monica, Oh, I'm so excited to talk.
Speaker 2 (20:13):
Oh me too, all right, what can I do for you?
Speaker 4 (20:15):
Yeah?
Speaker 9 (20:15):
Okay. So I'm a lowly legal assistant for a southern
California lawyer, and so I'd like you to talk briefly
on the California durable power of attorney. And the reason
that I'm asking you this is we get calls all
the time from somebody that will say, oh, my eighty
(20:36):
five year old aunt, she's starting to get dementia. I
want to get power of attorney over her because she's
spending all her money. And I try to explain to
them you would be the agent, not the person that's
getting the power of attorney. So you don't sign Jack Cheese,
your elderly aunt signs, and you don't even need to
come to the appointment. So can you kind of explain that.
Speaker 4 (20:59):
A little bit.
Speaker 2 (21:00):
Well, you just explained it. You just explained it.
Speaker 1 (21:04):
If someone has to give you power of attorney, and
that's the person, that is.
Speaker 2 (21:10):
The person who gives the power of attorney.
Speaker 1 (21:13):
All right, So let's say I choose you to handle
my finances, so I give you power of attorney on
the financial side of it, and I have to know
what I'm doing. Now, if I don't know what I'm doing,
let's say I am severely demented, which some people argue
that's the case, then you go to a conservatorship where
(21:35):
the person who's demanded really has no choice. The court
makes that determination. But you got it, you understand completely.
You just I should have called you up.
Speaker 2 (21:45):
And asked you.
Speaker 9 (21:46):
It comes up all the time.
Speaker 1 (21:47):
Well, you've answered the question. You've answered it. The only
thing you have to be a little careful is not
giving legal advice.
Speaker 2 (21:54):
You have to yeah, that is.
Speaker 1 (21:56):
That, and that you want to talk to your attorney,
because it's really it is a Yeah, it's a line
you don't want to you can cross, and you have
to be a little careful.
Speaker 2 (22:05):
What is legal advice? No one's gonna nail you on that.
So when someone calls up.
Speaker 1 (22:09):
Just pretend you're me and give them really crappy legal
advice and you'll be fine.
Speaker 2 (22:16):
If you happen to live.
Speaker 1 (22:18):
In chronic pain or you know someone who does. Let
me suggest the Paint and Game podcast. It is a
podcast and it's about living in and with chronic pain and.
Speaker 2 (22:29):
The trauma that can cause chronic pain.
Speaker 1 (22:33):
And I really love this podcast because it's kind of
half depraved. And I've known the host, Lindsey Soprano for years,
and she deals.
Speaker 2 (22:42):
With chronic pain twenty four to seven and does it heroically.
I sit back and just watch her do this, and
it really is something to see.
Speaker 1 (22:49):
Every episode ends with a message of hope you'll quickly understand.
And this is counterintuitive, but listen to the show and
I'll tell you how you understand that it's about giving
pain purpose. Whoa pain can actually give you understanding And
that's what this is about. So listen on any iHeartRadio
(23:11):
app or wherever you listen to podcasts, The Pain Game podcast,
The Pain Game podcasts.
Speaker 2 (23:18):
This is Handle on the Law.
Speaker 1 (23:20):
All right, welcome back to Handle on the Law, Marginal
Legal Advice.
Speaker 2 (23:27):
Hi Jayden, Hi.
Speaker 8 (23:28):
Jayden, Hey, how you doing?
Speaker 4 (23:31):
Yes?
Speaker 2 (23:32):
What can I do for you?
Speaker 8 (23:34):
So, my grandpa he died a few years ago and
left my grandma with somewhere between two and five million
dollars since then, and within them, just the last couple
of months, her financial guy I guess, who's also an attorney,
has signed onto her all of her financial accounts. They
(23:56):
are now dating, planning on potentially getting married, okay, and yeah,
finding a prenup.
Speaker 2 (24:02):
Okay.
Speaker 8 (24:02):
So I was wondering if there's.
Speaker 2 (24:04):
Yeah, No, that's a very good question. Here is there's
two issues here.
Speaker 1 (24:08):
Number One, she can do whatever she wants with her money, Jaden,
it's her choice. She wants to give it away, she
wants to put his name on it, as long as
she is doing it voluntarily and there's no coercion, there's
no duress, there's no fraud. The fact that he is
an attorney is very helpful because his accountability is far higher,
(24:32):
and there's a fiduciary duty too. So what I would do, Well,
first of all, you got to talk to Grandma and
get some idea of why is she doing this, and
if she's being bamboozled by him, or you think it is,
then you definitely get an attorney.
Speaker 2 (24:50):
The problem is.
Speaker 8 (24:53):
I think that there is that possibility because, like you know,
my aunt went by to visit, he threatened her with
a restraining order.
Speaker 1 (24:59):
All right, all right, then what happens is what I
think is a family member has to go in and
start making the argument, getting into court I mean now,
and then showing the affidavits. The ant shows up, get
out of here, I'm going to throw a restraining order,
and just comes up with, if nothing else, freezing everything.
(25:21):
And so I think I don't even know what kind
of an attorney you'd get trust in a state, you know,
someone who does business litigation.
Speaker 2 (25:31):
Yeah, yeah, I would.
Speaker 1 (25:32):
I would start with a trust in a state lawyer,
because this is dealing with with an a state, and
maybe by the may be legitimate that she's made that
decision Jayden and there's nothing you can do about it.
You know, maybe he's the greatest strip in the world.
For all I know, how old is he.
Speaker 8 (25:48):
Seventy?
Speaker 2 (25:50):
How old is Grandma?
Speaker 8 (25:52):
I think seventy five?
Speaker 1 (25:54):
All right, So okay, So it could be that, you know,
she's a lonely like and he's found out a way
to get into her heart as well as her pocketbook.
So I would definitely talk to an attorney about that
one for sure.
Speaker 2 (26:13):
And Hi Anne, welcome, Hi Bill.
Speaker 10 (26:17):
I have a question about a security deposit. I returned
a security deposit to a tenant and she hasn't cashed
the check. I asked her why. She doesn't answer. She
just said she wants to go against me for at
small flames court because I'm not returning her security deposit
to her, are you I did? I returned there everything
(26:38):
except for deductions for cleaning and damage.
Speaker 1 (26:41):
All right, and you show and you can show the
check or the attempt to send it via zell or whatever. Right.
Speaker 10 (26:49):
Well, I wanted to ask you, and I did send
a check, and I have it was certified now and
I think it was accepted. Could I stop that check
and sell her now the money that she did or yeah,
you can do it.
Speaker 1 (27:01):
If you If you stop the check and try to
sell her the money, of course, and if you're giving
her the entire deposit minus cleaning fee, there's nothing she
can do.
Speaker 2 (27:11):
I mean, she can take it a small clean court,
but she's not gonna win.
Speaker 10 (27:16):
Okay. The other thing is she said she's already served me.
She didn't serve me. She said she sent to go
to small fens court. She had the court send these
documents to my po box.
Speaker 2 (27:27):
No, that doesn't work. That doesn't work.
Speaker 10 (27:29):
It doesn't work.
Speaker 2 (27:30):
That doesn't work.
Speaker 1 (27:32):
Yeah, and if she goes the problem is she goes
into court and whoever served you the court mailing you.
Speaker 2 (27:38):
That's not service. So that's not a problem.
Speaker 1 (27:41):
If she hired the marshal to serve you, that's not
a problem because the marshal hasn't served you. If she's
hired a process server who's a sleezeball, they will write
that you were served. So then the issue becomes you
show up anyway because she's gonna find you eventually and
get it out of the way.
Speaker 2 (28:02):
I don't know.
Speaker 1 (28:02):
You know, I've been served before, and I knew that
they were going after me. I won the case, by
the way, because I've been hit with some sleazy lawsuits.
Interestingly enough, every time I should have been sued, I
never was because I said, yeah, I screwed up, what
can I do to make it right? Never got sued.
(28:24):
And where I didn't deserve to be sued, they served me.
They sued me, and I won because there was nothing there.
They just went after me because they thought I had
deep pockets or once I was threatened, well you're a
big personality, Bill, and when we go public with this lawsuit.
Speaker 2 (28:38):
I go, yeah, go right ahead.
Speaker 1 (28:39):
You think I care, you know, knock your socks office
publicity for me, and they never did. So you can
accept service and just yeah show up and say because
there'll be a date on the small claims court.
Speaker 2 (28:53):
They'll give it to you. But you have to be served, okay.
Speaker 10 (28:56):
And if I never get served.
Speaker 2 (28:59):
And they'll never, and then you'll never end up in court.
Speaker 1 (29:02):
If you never, you have to. You have to get
served personally, okay. A little bit about your bad breath.
Speaker 2 (29:08):
It's no fun. I mean, bad breath is kind of
a drag for everybody.
Speaker 1 (29:11):
You're breathing it, someone's breathing yours and so what can
you do about it? Well, I've been telling you for
months now about Zelman's minty mouthmen's clinically tested even against
garlic and onions that I love both. And this is
way more than a man I mean, it's meant part
of it. Its clap these capsules that you pop into
your mouth and is there a minty coating, and then
(29:32):
you swallow or you bite into them and it's partially
seed oil that works in your gut and it really
gets to work there, so it's a double hit.
Speaker 2 (29:40):
And then you feel just good.
Speaker 1 (29:43):
You know, your mouth is fresh like you brush your teeth,
and it goes on for hours, so it's a triple hit.
That's Zelman's zelte Minty Mouthmen. So here is their offer
until December one. If you order three packs or more,
you will get a bonus pack or three you get
a fourth.
Speaker 2 (30:02):
And believe me, you're gonna want more than that. Conserve
that good.
Speaker 1 (30:06):
So go to Zelmans dot com Z E L M
I N S. Zelmans dot com slash handle, Zelmans dot
com slash handle. That's Zelmans dot com dot com slash handle.
Speaker 2 (30:22):
This is Handle on the Law. You've been listening to
the Bill Handle show.
Speaker 1 (30:28):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law marginal legal advice where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:29):
The followings will be recorded program.
Speaker 1 (00:31):
This is a fun one. This has to do with
new FDA rules.
Speaker 2 (00:35):
Sorry about that.
Speaker 1 (00:36):
And this has to do with commercials for drugs that
you see on TV. And you notice that the about
half the commercial are side effects. Right, This will cause you,
It'll cause diarrhea, It'll cause you your loss of vision.
Speaker 2 (00:53):
For guys, your scrotum will fall off, its oily stools,
you might die.
Speaker 1 (00:59):
You have constriction of your throat, I mean all of it,
your legs will fall off, do whatever whatever the side
effect is for a drug. And it used to be
that that wasn't even necessary. The FDA chose those rules,
now change them because you have to hear those side
effects about half of it.
Speaker 2 (01:17):
Okay, so they've changed the rules again.
Speaker 1 (01:22):
Why well, two things are going on. First of all,
the side effects go at one hundred miles an hour
and you can't understand them. Two, what they purposely do
on those commercials is distract you so you don't pay attention.
For example, there was a commercial for an allergy drug
(01:45):
and as the disclaimer as the side effects are being voiced,
it was there was a buzzing bee in the background,
voiced by Antonio Banderas, and that distracted viewers from actually
paying attention to the disclaimer the side effects. And so
(02:07):
the Food and Drug Administration now says that's done.
Speaker 2 (02:11):
Finished Now for.
Speaker 1 (02:13):
TV drug ads, much simpler language, no distractions at all,
and they're going to make it much easier to understand
what's going on because here are the rules. You have
to give side the side effects. You have to voice
those or read them out, but actually voice those now.
(02:35):
But you can't distract either. You can't do the commercial
that would cause a distraction. By the way, I have
no idea what a distraction is. I can't wait for
someone to figure out that's a distraction, that's not a distraction.
So that's going to be fun. So the drug makers
have to be more clearer. I have to be clearer,
more direct when explaining the risks and.
Speaker 2 (02:57):
The side effects.
Speaker 1 (02:58):
So bottom line, I don't think you're going to see
commercials where a man and a woman are in separate
bathtubs out in a field holding hands, and that's for
viagro or cialis. You know why, because you can't really
stoop in separate bathtubs holding hands looking at a bunch
(03:21):
of trees and flowers. Don't think it happens. I've tried it,
by the way, Very difficult, very difficult. All right, let's
go ahead and take a phone call or two. John,
you're up first. Welcome to you handle on the lode, John,
(03:43):
John there, Yes it is John.
Speaker 2 (03:47):
Am Okay. What can I do for you?
Speaker 3 (03:48):
John? Okay? Yeah. Five months ago I was wanting to
put the card toward over my driveway. Sorry, shopped for
a company, found one, and I left a four hundred
and fifty dollars deposit. I had to get the project started.
Then I found out I had to get a city permit,
which it just went from bad worse and stuff. So
(04:08):
even though I called the company and asked my form,
my refund and my deposit, and they're telling me no,
they're located in the Connecticut, the state of Connecticut.
Speaker 1 (04:18):
How do you put how do you put a car
port in California with a company from Connecticut?
Speaker 3 (04:27):
You know what, you're shopping on the internet. You don't
know where you're calling, you know, so you don't, So
you don't.
Speaker 1 (04:33):
So no one comes out and gives you a bid
and takes a look at it.
Speaker 3 (04:38):
That's not the way I shop this time.
Speaker 1 (04:40):
You shop boys that you shopped for construction on the internet,
and they gave you a bid, you gave them a deposit,
and no one even came out to look at the
construction site.
Speaker 3 (04:56):
No I took the measurements.
Speaker 2 (04:58):
Okay, So what's what's your question?
Speaker 3 (05:02):
Well, in other words, I asked for a refund. By no, I.
Speaker 1 (05:05):
Understand you asked for a refund, and they're telling you
to go pound sand So uh, okay, what's your question?
Speaker 3 (05:12):
Okay? Is there any course I can take?
Speaker 4 (05:13):
Yeah? There is.
Speaker 2 (05:14):
Here's what you can do.
Speaker 1 (05:16):
Yes, Uh, I would go to Connecticut because it's a
small claim suit against those people, probably in Connecticut, although
I'm assuming they have construction people out here, and uh
there is Uh, they.
Speaker 2 (05:29):
If they're doing business in California.
Speaker 1 (05:31):
Uh, they have to have an agent for service of process,
which means that they have to file with the Secretary
of State.
Speaker 3 (05:37):
Uh.
Speaker 1 (05:38):
A document says, you can serve you can serve us
with this person that's our agent for service.
Speaker 2 (05:45):
Okay, because they're doing.
Speaker 1 (05:46):
Business in California, and you go ahead and file the
lawsuit against the agent. Now, well, the court, uh, you know,
allow the suit to go forward from someone in Connecticut.
Speaker 2 (05:56):
I don't know.
Speaker 1 (05:57):
You should be able to get your money back. But
they have a perfect defense, John, a perfect defense, and
can I share.
Speaker 3 (06:06):
That with you please?
Speaker 2 (06:08):
Yeah?
Speaker 1 (06:08):
Your defense is their defense is you're a moron that
you're buying a construction job from a place in Connecticut
and no one's ever come out.
Speaker 2 (06:20):
Oh genius, genius. Let's take a break.
Speaker 1 (06:25):
Oh no, before we take a break, let me tell
you about The Pain Game podcast.
Speaker 2 (06:29):
This is a podcast that's.
Speaker 1 (06:32):
About living in chronic pain and living with trauma that
causes chronic pain. And it's a show about people who
are living with dealing with It's half depraved. I love
this because the host is kind of out there but
lives in chronic pain herself.
Speaker 2 (06:51):
Twenty four to seven Lindsey Soprano.
Speaker 1 (06:53):
I've known her for years and boy, what a show
she does, What a podcast she does. And every episode
ends with a message of hope. This is why it's
worth listening to. And really counterintuitively, and I intuitively, and
I didn't understand this until I started listening. It's about
giving pain purpose. It's not just suffering in pain. It's
looking at it saying there is a purpose to this.
(07:14):
It's really weird, but you'll see it's really it's it's
a great podcast. It's the Pain Game Podcast, The Pain
Game Podcast, The Pain Game Podcast.
Speaker 2 (07:26):
Wherever you're hear podcasts. This is Handle on the Law.
Welcome back, Handle on the Law.
Speaker 1 (07:33):
Marginal Legal Advice Shannon. Hello Shannon, welcome to Handle on
the Law.
Speaker 4 (07:41):
Hi, Bill, thank you for taking the call.
Speaker 2 (07:44):
Sure, where are you from?
Speaker 3 (07:45):
Shannon?
Speaker 2 (07:45):
Where are you from?
Speaker 4 (07:49):
Are you talking about? Originally?
Speaker 2 (07:51):
Originally?
Speaker 1 (07:52):
You obviously have I mean I'm not going to ask
you what city you're in. I mean, you have that accent,
So I'm guessing. Hold on, let me gusk, let me ask,
let me guess, let me yes, okay, Tierra del Fuego, No, no,
how about you run?
Speaker 4 (08:10):
Yes?
Speaker 2 (08:11):
There you go. Yeah, there you go.
Speaker 1 (08:14):
I have Yes, I used to have a lot of
Iranian friends, and then they got tired of me making
fun of them, so I don't have them anymore.
Speaker 2 (08:23):
What can I do for you, Shannon?
Speaker 4 (08:25):
I listened to you all the time, and you said that,
and I know you can't you could detect the accents.
Speaker 2 (08:32):
Yeah, I can't.
Speaker 1 (08:33):
Actually, I've had I've had too many Iranian friends over
the years, and I know too much about chandeliers. Okay,
by the way, just real quickly before I get to
your phone call, how many chandeliers you actually have at home?
Speaker 4 (08:48):
I tell you one, two, three.
Speaker 1 (08:50):
Of course, of course, of course, no surprise there, All right, Shannon,
What can I do for you?
Speaker 4 (08:57):
Okay? I got a tenant that's supposed to move in August,
and with all the evidence that I have, she never
moved in except she brought to beds and then she
started complaining about something doesn't work, that it wasn't true,
and then she talked about mold.
Speaker 2 (09:20):
That yeah, but she never moved Yeah. Okay, so she
never moved Shannon.
Speaker 1 (09:23):
So she never moved in, and then she complained about
mold right, yes, Okay, did she show you any pictures
did she establish any did you get a bid from
someone that you have anybody come out a mold company?
Speaker 4 (09:38):
Yeah? Yeah, I tell you. She took some picture. It's
not an obvious mold. It was something behind the baseboat.
And I went with the handyman that I have to
fix the other things. I asked her if I can
take the baseboat? See what she said? No?
Speaker 2 (10:01):
Oh okay, all right?
Speaker 1 (10:02):
So what does she want right now? I mean that
puts it in a whole different light. I hope that
you put all of this in an email? Yes, okay,
good saying I tried to show up. You said no,
And it doesn't even matter if she had if she
ignores it and doesn't answer, because you've established what you
wanted to do, and either you got no response or
(10:23):
she said no in an email.
Speaker 2 (10:26):
Right?
Speaker 4 (10:26):
So what did I don't want them? She said, I
don't want them?
Speaker 2 (10:29):
Hand okay, right, okay, I got it. What does she want?
Speaker 4 (10:34):
She wanted to get a searchifight mold company, and she
got the certified mold company that came and said this
house inhabitable because there is moisture.
Speaker 1 (10:48):
All okay, So she got them to do that.
Speaker 2 (10:53):
So how did you respond?
Speaker 4 (10:56):
I got another good And what did they say?
Speaker 2 (11:00):
And what do they say?
Speaker 4 (11:01):
She? They negate everything?
Speaker 2 (11:04):
Okay, got it? What do they want? What does your
tenant want?
Speaker 4 (11:10):
The tenant never moved, pay the rent?
Speaker 2 (11:14):
What what is the tenant? What does the tenant want? Shannon?
Speaker 4 (11:18):
Now after four months, she she wants to cancel the lease.
I'm very happy, happy, okay, all.
Speaker 2 (11:30):
Right, so cancel all right, so you cancel the lease.
Speaker 1 (11:32):
Okay, so lease is canceled and everybody goes their own way.
Speaker 2 (11:35):
Have you told her go ahead and cancel the lease?
Speaker 4 (11:40):
I have not yet.
Speaker 1 (11:41):
That's what you want to do, Shannon, just say, just say,
Lise is canceled, leave me alone, take your beds out
of here.
Speaker 2 (11:48):
That's the easy part.
Speaker 1 (11:49):
Now if she asks for more than that, uh then
at that point then we start dealing on a whole
different level.
Speaker 2 (11:59):
Okay, how do you say?
Speaker 1 (12:00):
Go pound sand and far sea.
Speaker 5 (12:05):
Boom show, brought up boom show, tell her bought up
boom show.
Speaker 1 (12:10):
I hope that that's what that is, because I might
have been I might be in trouble with the right
now with bought a bong shoe.
Speaker 4 (12:19):
Well you are all.
Speaker 1 (12:20):
Right, so anyway, uh so, Shannon, there's nothing to do
with this point. You're handling it perfectly. You're doing everything right, Shannon.
So uh now you just wait other than okay, cancel
the lease. We're done. You walk away and uh then
everybody hopefully is square. And if it turns out that
(12:41):
she does anything else, you say, bought a bongoo and then.
Speaker 2 (12:44):
We talk again. You're doing it all right. That was good.
I like her.
Speaker 1 (12:50):
Shannon's great. Only four chandeliers. I don't buy that at all.
She has a lot more than that. Let me tell
you about your business for a moment. The less your
business spends on delivering your product or service, the more
margin you have bottom line, the more money you make.
Speaker 2 (13:05):
And everything is more expensive these days. I went to
a restaurant yesterday. Oh, I couldn't believe the prices.
Speaker 1 (13:10):
Costs have gone up across the board, materials, employees, distribution, borrowing.
Speaker 2 (13:15):
Everything you do about businesses more money.
Speaker 1 (13:18):
So let me tell you about NetSuite, the number one
cloud financial system, because it brings all of your accounting,
your financial management inventory. If you do that HR which
everybody is involved with, onto one platform where everything talks
to the other division, the other subject, and it's all
there laid out which means you can make better decisions
(13:41):
because right there you know where you stand.
Speaker 2 (13:45):
It makes a lot of sense. Excuse me. You cut
the cost of maintaining multiple systems.
Speaker 1 (13:50):
It's one system and that is the business suite, the
dashboard you really need.
Speaker 2 (13:55):
Over thirty seven thousand companies have made this move.
Speaker 1 (13:58):
So visit NetSuite dot com slash handle. It's a free download.
See see if NetSuite can help you. I'm sure it can.
NetSuite dot com slash handle sweet as an office suite.
NetSuite dot com slash handle. This is handle on the law.
Speaker 2 (14:18):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (14:24):
Eight hundred five two zero one, five three four is
the number to call.
Speaker 2 (14:29):
Let's do it.
Speaker 1 (14:30):
Handle on the news marginal legal advice.
Speaker 6 (14:33):
Okay, Sean, you're up, Hi Bill, I had a question
about com mingling funds. Yep, when you get an inheritance. Okay,
So let's say I my family goes on a vacation
and I need some of the money for my inheritance
to pay the vacation. Is that consider like commingling funds?
Speaker 1 (14:52):
No, No, Commingling funds is actually buying something and putting
it in both names. You are putting money into a
bank account. That's commingling funds to the extent that the
money that you put in paying for a vacation out
of your own separate property, which is inheritance money, is
(15:14):
your separate property.
Speaker 2 (15:16):
All right. So you have a relative.
Speaker 1 (15:18):
That dies and you've been treating that relative well, bad
mouthing them, but they don't know that.
Speaker 2 (15:25):
So they leave you fifty thousand dollars.
Speaker 1 (15:27):
That's your money. And if you want to pay for
a vacation out of your money, that's fine. You're not
comingling anything. Just don't don't take that fifty thousand dollars
and put it into a joint account. That's commingle.
Speaker 6 (15:39):
They like my wife and I decide to buy a car,
and I use some of that money to help buy
a car.
Speaker 2 (15:44):
It depends on what where's the Is the title going
to be in whose name?
Speaker 6 (15:49):
Probably both?
Speaker 2 (15:50):
Yeah, that's commingling.
Speaker 6 (15:53):
Okay, So just just don't know it my name. Yeah, yeah,
I've be't done anything.
Speaker 2 (15:57):
Okay, just keep it.
Speaker 1 (15:59):
Yeah, just keep anything it comes out of your inheritance,
keep in your name.
Speaker 6 (16:04):
So buy a separate car credit card and just paying no, no, if.
Speaker 1 (16:10):
You want, no, you can have joint you can have
joint credit cards, and you can pay whatever you want
out of your account, separate account.
Speaker 2 (16:19):
That is not commingling. You're just paying whatever you want
to pay from your money. Just think of it this way.
Speaker 1 (16:25):
This is your money that you've inherited, and as long
as you keep it separately, it's.
Speaker 2 (16:31):
Always your money.
Speaker 1 (16:33):
Don't put any Okay, that's how you have to think
about it, And you can pay whatever you want.
Speaker 2 (16:38):
You can buyer a car. You've ben both.
Speaker 1 (16:41):
Own a car, and you put in your money and
then you put in, for example, your separate money and
maybe money from the community. Now the car becomes both
of yours. Your money still stays your money in the
account that you're holding onto.
Speaker 2 (16:54):
Oh okay, okay, that's how you do it. Yeah, comingling,
you don't want Yeah, don't do that.
Speaker 1 (16:59):
You know, if you inherit some money and you know
all but I love her bill, it doesn't matter, It
doesn't matter. Just keep your money separate. You know it's
uh because you know, relationships fall apart and a lot
of pressure, especially if there's a lot of money. Honey,
why don't we put that in the joint account?
Speaker 2 (17:17):
Absolutely not. Carrie Hi, Carrie hie, Yes, ma'am.
Speaker 7 (17:26):
Okay, so excuse me. I got married in two thousand
and five on purpose. We had two kids. Okay, yeah,
we had two kids. We ended up buying a house
in twenty eleven when the market was, you know, extremely good. Basically,
the equity in our house has like quadrupled. We split
(17:48):
in twenty seventeen, and he wants half of the equity
in the house to divorce me, and okay, he's gone.
He left like a month after split in twenty seventeen.
Speaker 8 (18:00):
Okay, do I owe him money?
Speaker 2 (18:02):
You bet? You own half the house. Of course, you
bought the house together. Doesn't matter.
Speaker 1 (18:09):
It doesn't matter because here is there unless you have
a separate agreement that says that he is going to pay.
At this point, you have joint ownership of a house.
I'm assuming it's joint tenancy.
Speaker 7 (18:22):
Right carry well, well, yeah, his name is on it.
Speaker 5 (18:27):
But right, okay, so you own it and he Okay,
so you own it and he owns it together, so
each of you own It's not you own half of you,
you own half of the entire amount.
Speaker 2 (18:37):
So it's a joint Tennessee.
Speaker 1 (18:39):
Is really interesting and if he dies, you get the
entire house if you die.
Speaker 2 (18:44):
If you die, he gets the entire house.
Speaker 1 (18:46):
Which is a really good reason because I'm going to
end this conversation with advice, you're better off killing him
than doing anything.
Speaker 2 (18:51):
Else because you're going to own the house.
Speaker 1 (18:53):
So what you have is he owns it, you own it,
and you've been living in it.
Speaker 2 (18:58):
You've been making the payments. But assuming that you weren't living.
Speaker 1 (19:01):
In it, you still have to live someplace. So the
court does not give you a whole lot of credit
for living in it, because you'd have to live in
it anyway. So the bottom line is he owns half,
you own half, and there's no way around it.
Speaker 2 (19:15):
You gotta split it up. I know you don't want
to hear that, but you gotta split it up. Oh
it's terrible, I know that.
Speaker 1 (19:23):
See they're there because of joint Tennessee that's why I'm
telling here to kill him. Because upon the death of
a joint tenant, the property automatically goes to the living
or the surviving joint tenant. And it's not even what
you have to do some paperwork, but it's not asking
the court to give you the property. It's simply the
(19:46):
court the law recognizing that it is your property.
Speaker 2 (19:50):
So joint tendancy.
Speaker 1 (19:52):
It happens upon operation of death the second he dies, right,
you stab him or you blow his brains out or whatever.
The second how can they declare him dead?
Speaker 2 (20:02):
The property is yours? Does that make sense? You bet
it does? All right, Monica, welcome to handle on the law.
Speaker 9 (20:10):
Hi, Monica, Oh, I'm so excited to talk.
Speaker 2 (20:13):
Oh me too, all right, what can I do for you?
Speaker 4 (20:15):
Yeah?
Speaker 9 (20:15):
Okay. So I'm a lowly legal assistant for a southern
California lawyer, and so I'd like you to talk briefly
on the California durable power of attorney. And the reason
that I'm asking you this is we get calls all
the time from somebody that will say, oh, my eighty
(20:36):
five year old aunt, she's starting to get dementia. I
want to get power of attorney over her because she's
spending all her money. And I try to explain to
them you would be the agent, not the person that's
getting the power of attorney. So you don't sign Jack Cheese,
your elderly aunt signs, and you don't even need to
come to the appointment. So can you kind of explain that.
Speaker 4 (20:59):
A little bit.
Speaker 2 (21:00):
Well, you just explained it. You just explained it.
Speaker 1 (21:04):
If someone has to give you power of attorney, and
that's the person, that is.
Speaker 2 (21:10):
The person who gives the power of attorney.
Speaker 1 (21:13):
All right, So let's say I choose you to handle
my finances, so I give you power of attorney on
the financial side of it, and I have to know
what I'm doing. Now, if I don't know what I'm doing,
let's say I am severely demented, which some people argue
that's the case, then you go to a conservatorship where
(21:35):
the person who's demanded really has no choice. The court
makes that determination. But you got it, you understand completely.
You just I should have called you up.
Speaker 2 (21:45):
And asked you.
Speaker 9 (21:46):
It comes up all the time.
Speaker 1 (21:47):
Well, you've answered the question. You've answered it. The only
thing you have to be a little careful is not
giving legal advice.
Speaker 2 (21:54):
You have to yeah, that is.
Speaker 1 (21:56):
That, and that you want to talk to your attorney,
because it's really it is a Yeah, it's a line
you don't want to you can cross, and you have
to be a little careful.
Speaker 2 (22:05):
What is legal advice? No one's gonna nail you on that.
So when someone calls up.
Speaker 1 (22:09):
Just pretend you're me and give them really crappy legal
advice and you'll be fine.
Speaker 2 (22:16):
If you happen to live.
Speaker 1 (22:18):
In chronic pain or you know someone who does. Let
me suggest the Paint and Game podcast. It is a
podcast and it's about living in and with chronic pain and.
Speaker 2 (22:29):
The trauma that can cause chronic pain.
Speaker 1 (22:33):
And I really love this podcast because it's kind of
half depraved. And I've known the host, Lindsey Soprano for years,
and she deals.
Speaker 2 (22:42):
With chronic pain twenty four to seven and does it heroically.
I sit back and just watch her do this, and
it really is something to see.
Speaker 1 (22:49):
Every episode ends with a message of hope you'll quickly understand.
And this is counterintuitive, but listen to the show and
I'll tell you how you understand that it's about giving
pain purpose. Whoa pain can actually give you understanding And
that's what this is about. So listen on any iHeartRadio
(23:11):
app or wherever you listen to podcasts, The Pain Game podcast,
The Pain Game podcasts.
Speaker 2 (23:18):
This is Handle on the Law.
Speaker 1 (23:20):
All right, welcome back to Handle on the Law, Marginal
Legal Advice.
Speaker 2 (23:27):
Hi Jayden, Hi.
Speaker 8 (23:28):
Jayden, Hey, how you doing?
Speaker 4 (23:31):
Yes?
Speaker 2 (23:32):
What can I do for you?
Speaker 8 (23:34):
So, my grandpa he died a few years ago and
left my grandma with somewhere between two and five million
dollars since then, and within them, just the last couple
of months, her financial guy I guess, who's also an attorney,
has signed onto her all of her financial accounts. They
(23:56):
are now dating, planning on potentially getting married, okay, and yeah,
finding a prenup.
Speaker 2 (24:02):
Okay.
Speaker 8 (24:02):
So I was wondering if there's.
Speaker 2 (24:04):
Yeah, No, that's a very good question. Here is there's
two issues here.
Speaker 1 (24:08):
Number One, she can do whatever she wants with her money, Jaden,
it's her choice. She wants to give it away, she
wants to put his name on it, as long as
she is doing it voluntarily and there's no coercion, there's
no duress, there's no fraud. The fact that he is
an attorney is very helpful because his accountability is far higher,
(24:32):
and there's a fiduciary duty too. So what I would do, Well,
first of all, you got to talk to Grandma and
get some idea of why is she doing this, and
if she's being bamboozled by him, or you think it is,
then you definitely get an attorney.
Speaker 2 (24:50):
The problem is.
Speaker 8 (24:53):
I think that there is that possibility because, like you know,
my aunt went by to visit, he threatened her with
a restraining order.
Speaker 1 (24:59):
All right, all right, then what happens is what I
think is a family member has to go in and
start making the argument, getting into court I mean now,
and then showing the affidavits. The ant shows up, get
out of here, I'm going to throw a restraining order,
and just comes up with, if nothing else, freezing everything.
(25:21):
And so I think I don't even know what kind
of an attorney you'd get trust in a state, you know,
someone who does business litigation.
Speaker 2 (25:31):
Yeah, yeah, I would.
Speaker 1 (25:32):
I would start with a trust in a state lawyer,
because this is dealing with with an a state, and
maybe by the may be legitimate that she's made that
decision Jayden and there's nothing you can do about it.
You know, maybe he's the greatest strip in the world.
For all I know, how old is he.
Speaker 8 (25:48):
Seventy?
Speaker 2 (25:50):
How old is Grandma?
Speaker 8 (25:52):
I think seventy five?
Speaker 1 (25:54):
All right, So okay, So it could be that, you know,
she's a lonely like and he's found out a way
to get into her heart as well as her pocketbook.
So I would definitely talk to an attorney about that
one for sure.
Speaker 2 (26:13):
And Hi Anne, welcome, Hi Bill.
Speaker 10 (26:17):
I have a question about a security deposit. I returned
a security deposit to a tenant and she hasn't cashed
the check. I asked her why. She doesn't answer. She
just said she wants to go against me for at
small flames court because I'm not returning her security deposit
to her, are you I did? I returned there everything
(26:38):
except for deductions for cleaning and damage.
Speaker 1 (26:41):
All right, and you show and you can show the
check or the attempt to send it via zell or whatever. Right.
Speaker 10 (26:49):
Well, I wanted to ask you, and I did send
a check, and I have it was certified now and
I think it was accepted. Could I stop that check
and sell her now the money that she did or yeah,
you can do it.
Speaker 1 (27:01):
If you If you stop the check and try to
sell her the money, of course, and if you're giving
her the entire deposit minus cleaning fee, there's nothing she
can do.
Speaker 2 (27:11):
I mean, she can take it a small clean court,
but she's not gonna win.
Speaker 10 (27:16):
Okay. The other thing is she said she's already served me.
She didn't serve me. She said she sent to go
to small fens court. She had the court send these
documents to my po box.
Speaker 2 (27:27):
No, that doesn't work. That doesn't work.
Speaker 10 (27:29):
It doesn't work.
Speaker 2 (27:30):
That doesn't work.
Speaker 1 (27:32):
Yeah, and if she goes the problem is she goes
into court and whoever served you the court mailing you.
Speaker 2 (27:38):
That's not service. So that's not a problem.
Speaker 1 (27:41):
If she hired the marshal to serve you, that's not
a problem because the marshal hasn't served you. If she's
hired a process server who's a sleezeball, they will write
that you were served. So then the issue becomes you
show up anyway because she's gonna find you eventually and
get it out of the way.
Speaker 2 (28:02):
I don't know.
Speaker 1 (28:02):
You know, I've been served before, and I knew that
they were going after me. I won the case, by
the way, because I've been hit with some sleazy lawsuits.
Interestingly enough, every time I should have been sued, I
never was because I said, yeah, I screwed up, what
can I do to make it right? Never got sued.
(28:24):
And where I didn't deserve to be sued, they served me.
They sued me, and I won because there was nothing there.
They just went after me because they thought I had
deep pockets or once I was threatened, well you're a
big personality, Bill, and when we go public with this lawsuit.
Speaker 2 (28:38):
I go, yeah, go right ahead.
Speaker 1 (28:39):
You think I care, you know, knock your socks office
publicity for me, and they never did. So you can
accept service and just yeah show up and say because
there'll be a date on the small claims court.
Speaker 2 (28:53):
They'll give it to you. But you have to be served, okay.
Speaker 10 (28:56):
And if I never get served.
Speaker 2 (28:59):
And they'll never, and then you'll never end up in court.
Speaker 1 (29:02):
If you never, you have to. You have to get
served personally, okay. A little bit about your bad breath.
Speaker 2 (29:08):
It's no fun. I mean, bad breath is kind of
a drag for everybody.
Speaker 1 (29:11):
You're breathing it, someone's breathing yours and so what can
you do about it? Well, I've been telling you for
months now about Zelman's minty mouthmen's clinically tested even against
garlic and onions that I love both. And this is
way more than a man I mean, it's meant part
of it. Its clap these capsules that you pop into
your mouth and is there a minty coating, and then
(29:32):
you swallow or you bite into them and it's partially
seed oil that works in your gut and it really
gets to work there, so it's a double hit.
Speaker 2 (29:40):
And then you feel just good.
Speaker 1 (29:43):
You know, your mouth is fresh like you brush your teeth,
and it goes on for hours, so it's a triple hit.
That's Zelman's zelte Minty Mouthmen. So here is their offer
until December one. If you order three packs or more,
you will get a bonus pack or three you get
a fourth.
Speaker 2 (30:02):
And believe me, you're gonna want more than that. Conserve
that good.
Speaker 1 (30:06):
So go to Zelmans dot com Z E L M
I N S. Zelmans dot com slash handle, Zelmans dot
com slash handle. That's Zelmans dot com dot com slash handle.
Speaker 2 (30:22):
This is Handle on the Law. You've been listening to
the Bill Handle show.
Speaker 1 (30:28):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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