Episode Transcript
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(00:00):
Now, over the years I havespent probably now hours, hundreds of hours
telling you about lawsuits, and someare of serious note, they're important.
Others are just fascinating. The factualbasis are just so fascinating, and others
are just downright crazy. And ofcourse I go for the crazy ones.
(00:22):
But let me tell you one that'sa little strange. There is an eighty
one year old woman from my DailyCity, California, that's up north,
and she is suing the US Secretariesof State and Defense claiming that they're violating
the US Constitution by not evacuating PalestinianAmericans from Gaza. She wants out and
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they are not letting her out.Hamas is not letting her out, and
Egypt is not letting her across theborder at the at the Rafa crossing.
So she is saying that it's thefault of the United States because it is
not evacuating her from Gaza. Now, a relative of the woman said her
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family is disappointed, which is true, that the US government has left one
of our own family members stranded despiteher US citizenship. She tried to cross
into Egypt from Gaza. The Egyptianauthorities turned her away. According to the
lawsuit, the United States is doingnothing. The woman is currently trapped in
an active war zone under eminent threatof death or serious bodily injury. So
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now here is the question. II don't know if it's been tossed or
not, but it should here.You are a country is at war,
and the United States is an allyof one of the countries in this case
Israel. As you know, Gazais basically controlled by Hamas, or was
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until the israelis invaded, and stillto the south is still controlled by Hamas.
They decide who goes in and whois out, and the United States
is actively negotiating. And even ifthe United States is able to convince the
authorities on the guzzen side, Egyptwon't let them through. Now they have
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in a couple of hundred they have, but remember a couple of hundred total
they have, and some US citizens. But a lawsuit that blames the government
of the United States by not doingenough. Now, the question, of
course is if I'm the government attorney, I put her on the stand or
I put the family member on thestand, because of course she's in Gaza
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saying okay, what would you likethe government to do? That's not my
problem. You have to get herout. How do we send in the
seals? Do we parachute in theteam? Do we transporter like they did
in Starsrek? What do we do? And of course this goes to show
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you that anybody can file a lawsuitunder any circumstances. Now you got to
give the family a pass because there'sGrandma. She's eighty one years old and
she's stuck in Gaza, and shehas an American passport. So all the
United States can do is try tonegotiate as hard as they can, which
is what they're doing. Let's takesome phone calls. Hey Ray, welcome
to handle on the law. HeyBill, I've got about a five hundred
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thousand dollars estate, two estranged kidsto whom I want to leave each one
twenty dollars. Will an online doit yourself will work? I'm like some
other people I know. I changedit about once a week. Yeah,
could I go to a reality should? So where's the five hundred thousand dollars
going to go to? A nonbiological adopted child? Just a couple of
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kids, That doesn't matter. Adoptedbiology means that they hear a ray.
Is that child adopted. No,no, it's not. Okay, So
it's not an adopted child as someonewho is basically your child who just you
didn't legally didn't adopt. Not thatthat matters, but legally it does because
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child a circumstance. The other isnot now leaving each of your daughters estranged
daughters twenty dollars, yeah, thatworks, that works, but I guarantee
and then leaving your quase adopted childall the rest of the money. You're
allowed to do that. I mean, this is your money, Ray,
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And as a matter of fact,leaving leaving them each twenty dollars is a
good indication of that's your intent.Usually what family does come up they I'm
out of the woodwork, and thenthey attack the will or the trusts saying,
you know what, Ray just forgotto put us in it because we
are his children, and if heremembered I would we would get some money.
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That's usually the contact the will contestor the trust contest. Also another
one is he was under duress whenhe wrote it. He was coerced.
The adopted daughter convinced him to leaveher all the money. So you know,
they're always there are always attacks onthis now clearly saying these are my
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estranged daughters. I have nothing todo with them. I'm purposely leaving them
only twenty dollars. There's some legallanguage in there that I think five hundred
thousand dollars leaving out biological children,leaving in someone who is not biologically attached
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to you, you know, Imean, that's a wobbler online. See
if you can put that kind oflanguage in, because usually the online stuff,
this is who I leave, andbasically that's it. You know,
I'm leaving twenty percent to ex childand thirty percent of that child and the
remainder goes to charity. That's cleanstuff. This one I got to tell
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you, you know what, Italk to a trust and a state lawyer
first go on the go on togo online and see how extensive those online
wills are. I've never gone online. I have a trust in a state
lawyer that writes my trust because youknow, I'm constantly throwing one kid out
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and putting another one in. AndI've got two children, and every time
one of them max out, Ichanged my trust to leave them money the
other one, and then when thatone acts out, I changed my trust
to leave it to the first one, and I tell them that. By
the way, every time I dothat, they don't usually act out.
And I say things like, letme tell you, the one person that
wants you to really screw up isyour sister. But so I if five
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hundred thousand dollars, is it worthto spend a couple of thousand dollars to
do it? I would, Butthat's me. That's not necessarily of oh,
you have no choice kind of thing. I don't know if that helps.
Yeah, that's the kind of adviceI give. And it's more it's
not a legal issue. It's moreof a practical issue, and do you
want to spend the money or not. I personally think it's worth it,
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but also on the other side ofit, I also think that it's worth
it to really protect yourself anyway.For example, I'm always pitching insurance.
You know, Bill, how doI protect myself? Gee? What do
I do? Someone goes after meand sus bicker? Just get insurance,
lots of insurance. So I havemy auto policy. I have two hundred
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and fifty eight thousand, five hundredthousand. In other words, for a
single occurrence or a single Plaineff's twohundred fifty thousand dollars up to five hundred
thousand dollars. They're multiple ones,and then I have a umbrella policy on
top of that because I just believein a lot of insurance because I'm just
super careful, and I am alsothat careful and would be in doing the
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a trust or a will. I'mjust I'm just really conservative when it comes
to that sort of stuff. HiDave, Hello, Hi Bill. Two
years ago, my mom died ina nursing home from a UTI. The
health department found the negligent, soI found a wrongful death lawsuit, and
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four of my family members wanted nothingto do with it and refuse to help
with it. When it comes timefor a settlement, Can these family members
who didn't even have time to visitor call her, throw a wrench into
the proceedings? Yeah, yeah,they can say, well, it depends
on you're the one that filed thelawsuit. They have not correct, right,
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Okay, So if they once thesettlement is made and they have not
filed the lawsuit and the money isdistributed, they're out of luck. Okay,
Okay. The fact is the factthat they left her alone and didn't
care really doesn't matter. Unfortunately,you know you're allowed to leave mothers alone.
It's a you don't have an youdon't have a legal obligation to take
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care of your mom. What youdo is have a moral obligation. And
I think their argument of wrongful death, because wrongful death is emotional damage,
is what it's about. It's youhave been damaged emotionally because your mom died
through their negligence. The only you'rethe plainting, and the only injury you
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have is basically how distressed you are. They're not very happy because she left
me the entire estate, Well,then they're gonna be really unhappy. Yeah,
well they're gonna be really unhappy.And I'll tell you the settlement is
is gonna You're gonna The argument is, you never even talked to her.
How emotionally damaged can you be.You haven't talked to her for thirty years.
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Now you're arguing you're devastated because shedied. I mean, that's a
pretty good defense. You, onthe other hand, have a hell of
an argument. I took care ofmom. I was there for mom,
and I think that is part ofit. But just the trick is get
the settlement, take the money,and just don't even tell them this is
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going on. Don't even let himknow. Let them worry about, let
them worry about the will. Lethim concentrate on that which your mom has
every right to leave you all themoney. How much money are we talking
about here, Dave. She leftme about a nine hundred thousand dollars house,
all the contents, and less thanone hundred grand. Okay, so
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she leaves you a million dollars?And was it a will and a trust?
I'm assuming the house was in trust. Maybe not, but I'm assuming
that it was pretty airtight. Thewill. It was done by a professional,
right, Yeah, it was ina trust. It was done by
an elder. Abuse. Oh yeah, you're fine. Then you're well covered.
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You're gonna be fine. I mean, there may be a will contest.
And here's what happens with family memberswho are thrown out of wills,
is that they inevitably come back andthey contest the will just to get their
hands on the money. And allof the defenses you have is you look
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at the will and then let's saythey take it to a judge, because
they have a right to file.But the estate's going to have to defend.
They're gonna have to pay for theirown attorney's fees in the hopes that
you are going to settle with them. And sometimes that happens, and sometimes
people settle for reasonably large money becausethey just wanted to get over with But
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in the end their claim is thatwe should have gotten some money Mom forgot
or Dave coerceter. And it dependson how far back the will goes if
it If she wrote it a weekand a half before she dies, that's
fairly easy to attack. If shewrote it. Yeah, I don't think
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I'm going to be invited to Thanksgiving, probably not. Probably not. They
would probably charge it for the turkeyanyway, Jeff, welcome to handle on
a lot. Hi, Jeff,Yeah, can you hear me? Okay?
I can't, yep, I can, okay, Okay, listen.
I appreciate it. But my doctordaughter, older daughter lived with her boyfriend
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for a couple of years and athough which is in her name. Uh,
he paid rent to her and hevolunteered to do some improvements. He
was a defract contractor, I believea plastering contractor, and he did some
work there. I don't know theexact details, but you know, quite
a bit of work, high quality. She did the cooking, bought groceries.
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Uh. Now they've split up acrimoniously, and he's sent her a demand
letter for the labor. How muchthey never? Uh that I don't.
I knew you were going to ask, and I don't know that, but
it's going to be considerable. Okay, just as a ps. He's done
the same thing to a woman mydaughter is in contact with, and she
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said he's done the same thing totwo other women. Okay, I'm not
sure if that matters, but Icould. I could. It could matter
because you're going to show a pattern, and that can be brought in by
I doubt he is going to goforward and sue. He might sue if
it's under ten thousand dollars. Hemay take her to small claims court.
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And I'll tell you what the judgeis going to say. He's going to
look at him and go get outof here. There is no written agreement.
There is no record of him demandingany money. Hey, we were
boyfriend and girlfriend and he offered tohelp me and do the work. Where's
money in that? Yeah? Andthere was never even a yeah, no,
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your daughter. Your daughter's fine,don't worry about it. Even if
he sues his small claims court.Your daughter is fine, Okay, great,
all right, Yeah, there's nowritten mean wouldn't you. And also
there may be a licensing issue toowhere he can't even begin to sue because
if you do work, I thinkover five hundred dollars or whatever, maybe
one thousand dollars. Now you haveto be you have to have a license,
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and if you don't, you areprecluded from So he's out to lunch.
I don't even think you need tobring in the women who he did
this too. I want to talkabout pain for a moment. Living in
chronic pain, Well, it's painful. It's pain, and not just for
those that live in and with chronicpain, but also for their loved ones.
(15:16):
Now I happen to be a completewiss. I actually go to urgent
care when I have a paper cut. I mean it's ridiculous. That's pain
for me. But for others.Pain is chronic and it can be debilitating.
And if you happen to live inchronic pain or know someone who does,
especially if it's a loved one,I suggest you listen to the pain
game. Podcast. It's a showabout living in and with chronic pain and
(15:39):
trauma. It's funny, it's sad, it teaches, it inspires sometimes half
depraved, and it's not about whining. It's about shifting your mindset when life
and you hurt. Lindsey Soprano,the show's host, shares her stories of
living in and with chronic pain andtrauma, and she has lots of it,
and I mean twenty four to sevenher guests have either lived with or
(16:00):
dealt with this pain and trauma.They ranged from experts in the field to
lawyers to stay at home moms.The show is raw, it's real.
Every episode ends with a message ofhope, and you'll understand that the show
is really about giving pain purpose.And I know, Lindsay, I know
how valuable this is for people wholisten to it. Pain Game Podcast,
listen to the iHeartRadio app or whereveryou listen to podcasts, that's the Pain
(16:23):
Game Podcast. Hey, Jenny,welcome to Handle on the Law. Hi,
I'm so glad you went through yourtrauma and camp good on the other
side. What a story you toldme personal, Yeah, it's really awful.
Also, going to compliment you onyour compassion for the guy who had
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a daughter who is I know,I know, I said, you know,
you have no idea how hard thatwas for me to be compassionate,
Jenny. It just took every singleounce of my being to be compassionate.
All right, all right, WellI have some simpler but important to me.
I have a grandson who's in thesecond year of law school. And
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no, actually he's in his thirdyear. Yeah, you go to tell
him it's a big mistake. Justlet you know, but go on.
Well that's his path, but hecan always get off on another path.
Anyway. I don't want school harmanybody, except for the money, which
I would like to know. Inhis second and third year I forwarded him.
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I gave him two things. Igave him eye bonds that I bought
when he was young and which havematured at a great level in the past
twenty five years. And I alsolent him, I think foolishly, one
hundred thousand dollars fifty for each yearwith no interests due. So anyway,
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he wants to wait for the lightbonds to mature in seven years so he
can get the highest interests do outof those iponds. And I just want
to know. Like and I saidin this agreement, if I die,
he will pay back the estate tohis mom and his aunts, because then,
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you know, I just don't wantit all to be in his pocket
because that was take The money Igave him was from my estate. So
does this agreement need to be witnessedor around. No, No, it
just has to be. It hasto be well written, and he has
to sign it. Now, thefact that it's notarized doesn't hurt, and
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it's much more difficult for him tosay, I didn't sign it. That's
not my signature, and you allyou have is the signature. Yeah,
I mean you don't so you don'thave to notize it but his signature.
But it doesn't hurt, and it'sjust another level of protect for you.
But it has to be a wellwritten I owe you. And because you're
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talking about an extraordinary amount of moneyhere, one hundred thousand dollars and there
are provisions interest free. He waitsseven years, and you have to find
out when the payment is to bemade and what terms. And for example,
it's five thousand dollars a month orthree thousand dollars a month or one
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thousand dollars a month whatever that isuntil it is paid off. That's only
one thousand dollars a month. That'sonly one hundred. That's ten thousand dollars
a month. I don't know.Ten Yeah, that's a thousand months.
Yeah. Probably. In any case, it should be well written. And
that's that's the point. It can'tbe open ended. Where now let me
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get this. I'm a little confused. Where when is he supposed to pay
this back? Okay, so that'swhat you write that it must be paid
back with within ten years the entireamount. Now do you want to set
up a he has to start payingin five years and an x amount?
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You want to put in a severabilityclause or no, it wouldn't be a
separability cause it would be a clausein which it speeds up the process,
which makes God, I forgot whatthe name is. I can't believe I
forgot this term. This is whypeople don't pay me money. Is someone
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out there is screaming at me.Every lawyer is listening, is screaming at
me. And that's the clause thatsays if one payment is due, all
of them become due. And nowyou have a document that all the money
is due. You may want toput one of those in because otherwise,
if you're a month late on firstone, all you can sue is for
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the first month's payment. If he'stwo months late, all you can do
is sue for the second month's paymentand the first month if he stops paying
you. So what you want isa clause that speeds it all up.
And I'll get the name as soonas I hang up on you. I'm
sure I remember. So I wouldyou know what I'd have someone drafted up,
Jenny, I would, I'd haveit attorney drafted Okay, Okay,
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Yeah, that is a good suggestion, that's for sure. Susan, Hello,
Susan, Hello. Yeah. Okay. So last year my friend got
hit. She was at a stopsign, not moving and a drunk came
around the corner and hit her.She was in a huge suv. It
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totaled it. It told her suvand she didn't feel like she was injured
at the time, but of courseshe was. And you know how later,
a couple of days later, youfeel it and so there you go
the doctor. Yeah. But sothe bottom line is is that her injuries
are she had a really bad allon the left side where she got hit.
She had arthritis on the show heranyway, but then made everything worse
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kind of then now she has twobulging discs. Uh. And and they're
saying the doctors say, well,could be this, or it could be
that no one really backs her upon this. Okay, you're going to
know her body. Yeah, she'sgoing to the wrong doctor. Uh.
And in terms of the accident,I'm gonna suggest you go to a or
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she goes to a personal injury lawyerbecause they said she did. She has
said a personal and he says that, he says, you know, he's
talked to their insurance company hers becausethey did they did find her, you
know, you know, basically she'sonly got like twenty thousands. So what
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what they'll do is, he said, what what what they'll do for her
is then they'll go back and takeher and have her insurance company right right
the underinsured part of the uh,it's it's it's underinsured non insured UH part
of the policy which everybody has tohave. And what are her limits?
Do you know, Susan? AllI know is that the attorney told her
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that they're not saying right away,they won't say till actually she files,
but that he is thinking maybe twentythousand. Well, no, it doesn't
work that way. There's fifteen thirty, there's twenty five fifty. You have
fifty one hundred fifty thousand with asingle accident or a single person, and
then you get one hundred thousand ifthere's multiple people involved. So twenty thousand
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doesn't make any sense. That's forstarters either. And if she has only
if she has twenty thousand, shehas minimal coverage on her side, which
is dumb on her part, andthere's nothing there. I mean, the
other side is probably going to haveminimal. You have to assume that fifteen
thirty. So there's fifteen thousand dollarsthere, and that's it now her policy
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for example, Just to let youknow, and I'm crazy about insurance.
You've been listening to the show,you know, I am. I have
two fifty five hundred, two hundredand fifty thousand dollars for a single occurrence,
five hundred thousand for multiple multiple peopleinvolved in them, and I have
an umbrella policy on top of thatanother couple of million dollars that are above
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that. So I could take Icould take out a kindergarten class in a
crosswalk and I'm covered, Yes,because you want to do the right thing
if you do hurt someone, No, I don't care about No. No,
I don't care about doing the rightthing. If I hurt someone,
I want I don't I want toget I don't want to get sued,
Susan. I don't want to writechecks. Yeah, do you think I
really care about kindergarteners walking across acrosswalk? Come on, yes, I
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think you do. But yeah,yeah, young, I've been listening to
this show long enough. In anycase, so the p I lawyer,
you may want to get a secondopinion. She may want to get a
second opinion. It doesn't cost anything, and they'll just look at it and
then she can really do really takea good hard look. Cause the lawyer
says, there's only twenty thousand dollars. That's weird. That doesn't make much
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sense. Tom, Hi, Tom, I have a friend of mine.
She went to bound Balley Hospital andshe had wanted to get a couple of
stitches in her foot. She wokeup the next day and found out that
the doctor had taken part of herliver out and she can't find and she
having a hard time trying to findan attorney to take Wait a minute,
Wait a minute, Wait a minute. She goes for stitches on her foot
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and she wakes up with part ofher liver taken out, and no lawyer
will take it. No, something, Tom, Tom, Tom, something
is definitely wrong here. All right. You go in for stitches, someone
takes to your kidney out and allof a sudden, and no lawyer will
take that. How many lawyers hasshe been to? She's talked to a
(25:47):
couple of them. But I don'tthink she's explaining it the way I did.
Yeah, no kidding, because yeah, the way you're I don't even
know what to say. Of course, it's a you know, you're not
supposed to lose your kidney when they'redoing stitches on your foot. I mean,
that's, you know, kind ofcrazy. I'm just surprised. The
part that's surprising is she must haveso mis explained it, or this or
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your nuts or she's nuts, oreither you or both are completely delusional.
So you know what, when didthis happen? When did this happen?
Tom? About two and a halfthree years ago. Oh yeah, there's
a statute issue here going on.That's the problem. So go to go
to the website, go to handleon the law dot com and talk to
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one of the personal injury medical malpracticeattorneys and see if there's anything there.
But I'm shocked two and a halfthree years ago. You back when they
take out your kidney and they shouldn't. Yeah, that's not crazy. I
mean, that makes no sense.This is what happens on this show.
You know, we get people thatgo you know, wait a minute,
she went in, it was gonnago for foot surgery and they took her
(26:53):
head off. Do I have acase bill? No? No, no,
you know plenty of people walk aroundwithout their heads. Sure, hey,
John, So what we got hereis my wife has a fifteen year
old debt that we've been getting constantletters from an attorney that has bad reviews
and has always been known as ascammer, and so we ignored those letters.
(27:18):
So what happened just today We gota twenty five She got a twenty
five percent of her pay garnished thedebt. The payoff of the debt is
forty five hundred dollars. So dowe have can I can I appeal this
now? No? No, youhave a judgment that the only thing you
(27:38):
can do is emotion to quash thejudgment that's against your wife. All right,
if it's a valid judgment, I'msorry, motion to quash the Yeah,
yeah, the judgment. There's ajudgment that has been that has been
recorded against you. Your wife wassued how many years ago? Oh,
this is just recently? No?No, when was she no? No,
(28:00):
no, no, no, whenshe was originally sued. There is
a judgment out there based on alawsuit that was filed against her. Okay,
I'm gonna have to find that out. Okay, so here it was.
I'm gonna guess it was like twelveyears ago. Okay, Well,
here's what happens. A judgment isgood for ten years, but you can
reaffirm it, you can record anotherten years. So there's a judgment sitting
(28:26):
out there now. The motion toquash it is getting rid of the original
judgment based on whatever lack of serviceor whatever. But it's you have to
make a legal argument in front ofthe court saying that that original judgment is
no good and here is the reason, And you've got to come up with
a good reason, one of thembeing, one of them being you weren't
(28:48):
served properly, so a judgment basedon bad service. But then you've got
proof of service right there, thereis the person who served her. Here's
the name, here's the day,here's the time it happened, and the
name. You've got to say thatthat's not true and somehow prove it.
Okay, all right, so it'sit's no small matter. But in the
meantime, there's not much you cando. The fact that it's a flake
(29:11):
attorney. Hey, it's a collectionattorney. Hey, victor, welcome to
handle on the law. Bill.I have a question. I have a
family member that died, has twokids, and another family member on his
side, on the father's side,took it upon themselves to start stealing and
taking everything the enter the house.And now they're trying to sell the house.
(29:33):
And he has two kids, andthey're taking it away from the kids,
and they're saying it for their benefit. But hold on, hold on,
how they they just can't turround andsell the house. I can understand
stealing everything that's in the house.I get that that you can do it
a estate sign. There's a realestate sign. It doesn't matter, it
doesn't matter, It doesn't matter.If there's a real estate sign, who
owns the house? I think thechild does. Well, there's no way.
(29:56):
Wait a second, I'm sorry,the father died. Okay? And
when did the father die? Abouttwo weeks ago? Okay? They can't
sell. They can't just up andsell the house. They don't own the
house. They don't Wait wait,wait, how do you know? What
does that mean? They're expediting.It's a very high profile family. Okay,
(30:18):
I don't understand what what's so?What are they expediting? They win
the house, took all the paperworkanything that claimed that the kids George certificates,
and now they're claiming that none ofthat matters no longer. That they're
claiming that it's no longer theirs andthey're selling the house. At this point,
they're manipulated and it doesn't matter.In order to do this, Victor,
(30:40):
they can lie all they want.Uh, the father died. Who
the title I'm assuming is in thefather's name? Correct or? Is it
a trust? Yes? Okay,okay that in order for them to sell
the house, they have to transferit into some kind of an entity in
which they have the authority to sellthe house. Well, they they threatened
(31:03):
us. They taken't me and toldme that the foundation and the estate of
the person is very well known.I would like to tell you the name,
but I can't say it over theair, right then don't? Then
don't, okay, But they saidthe foundation and what else in there in
the estate? Which is it is? It's a very Once I say the
(31:25):
name of you, you don't youknow the book? He's the author.
He wrote books and stuff like that, so he's very well known. And
but I happened to be the uncleof the Yeah, but hang on a
second. But are victory? You'revictor. You're not making any sense.
Someone dies two weeks later, areal estate sign goes up, and uh,
(31:45):
it is it the trustee of thetrust for example. No, it's
just it's just the other people.It's just family members that want to go
in and sell the house. Imean, members don't want to steal victory.
You're making victory. You're You're makingno sense. I want to tell
you about Zelman's Minty Mouth and thisis a breath freshener, but it really
(32:07):
is much more than that. It'snot just a ment. It's a functional
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com. Zelmans dot com. Thisis handle on the law
Now, over the years I havespent probably now hours, hundreds of hours
telling you about lawsuits, and someare of serious note, they're important.
Others are just fascinating. The factualbasis are just so fascinating, and others
are just downright crazy. And ofcourse I go for the crazy ones.
(00:22):
But let me tell you one that'sa little strange. There is an eighty
one year old woman from my DailyCity, California, that's up north,
and she is suing the US Secretariesof State and Defense claiming that they're violating
the US Constitution by not evacuating PalestinianAmericans from Gaza. She wants out and
(00:50):
they are not letting her out.Hamas is not letting her out, and
Egypt is not letting her across theborder at the at the Rafa crossing.
So she is saying that it's thefault of the United States because it is
not evacuating her from Gaza. Now, a relative of the woman said her
(01:17):
family is disappointed, which is true, that the US government has left one
of our own family members stranded despiteher US citizenship. She tried to cross
into Egypt from Gaza. The Egyptianauthorities turned her away. According to the
lawsuit, the United States is doingnothing. The woman is currently trapped in
an active war zone under eminent threatof death or serious bodily injury. So
(01:40):
now here is the question. II don't know if it's been tossed or
not, but it should here.You are a country is at war,
and the United States is an allyof one of the countries in this case
Israel. As you know, Gazais basically controlled by Hamas, or was
(02:02):
until the israelis invaded, and stillto the south is still controlled by Hamas.
They decide who goes in and whois out, and the United States
is actively negotiating. And even ifthe United States is able to convince the
authorities on the guzzen side, Egyptwon't let them through. Now they have
(02:27):
in a couple of hundred they have, but remember a couple of hundred total
they have, and some US citizens. But a lawsuit that blames the government
of the United States by not doingenough. Now, the question, of
course is if I'm the government attorney, I put her on the stand or
I put the family member on thestand, because of course she's in Gaza
(02:49):
saying okay, what would you likethe government to do? That's not my
problem. You have to get herout. How do we send in the
seals? Do we parachute in theteam? Do we transporter like they did
in Starsrek? What do we do? And of course this goes to show
(03:13):
you that anybody can file a lawsuitunder any circumstances. Now you got to
give the family a pass because there'sGrandma. She's eighty one years old and
she's stuck in Gaza, and shehas an American passport. So all the
United States can do is try tonegotiate as hard as they can, which
is what they're doing. Let's takesome phone calls. Hey Ray, welcome
to handle on the law. HeyBill, I've got about a five hundred
(03:38):
thousand dollars estate, two estranged kidsto whom I want to leave each one
twenty dollars. Will an online doit yourself will work? I'm like some
other people I know. I changedit about once a week. Yeah,
could I go to a reality should? So where's the five hundred thousand dollars
going to go to? A nonbiological adopted child? Just a couple of
(04:05):
kids, That doesn't matter. Adoptedbiology means that they hear a ray.
Is that child adopted. No,no, it's not. Okay, So
it's not an adopted child as someonewho is basically your child who just you
didn't legally didn't adopt. Not thatthat matters, but legally it does because
(04:26):
child a circumstance. The other isnot now leaving each of your daughters estranged
daughters twenty dollars, yeah, thatworks, that works, but I guarantee
and then leaving your quase adopted childall the rest of the money. You're
allowed to do that. I mean, this is your money, Ray,
(04:49):
And as a matter of fact,leaving leaving them each twenty dollars is a
good indication of that's your intent.Usually what family does come up they I'm
out of the woodwork, and thenthey attack the will or the trusts saying,
you know what, Ray just forgotto put us in it because we
are his children, and if heremembered I would we would get some money.
(05:15):
That's usually the contact the will contestor the trust contest. Also another
one is he was under duress whenhe wrote it. He was coerced.
The adopted daughter convinced him to leaveher all the money. So you know,
they're always there are always attacks onthis now clearly saying these are my
(05:42):
estranged daughters. I have nothing todo with them. I'm purposely leaving them
only twenty dollars. There's some legallanguage in there that I think five hundred
thousand dollars leaving out biological children,leaving in someone who is not biologically attached
(06:06):
to you, you know, Imean, that's a wobbler online. See
if you can put that kind oflanguage in, because usually the online stuff,
this is who I leave, andbasically that's it. You know,
I'm leaving twenty percent to ex childand thirty percent of that child and the
remainder goes to charity. That's cleanstuff. This one I got to tell
(06:27):
you, you know what, Italk to a trust and a state lawyer
first go on the go on togo online and see how extensive those online
wills are. I've never gone online. I have a trust in a state
lawyer that writes my trust because youknow, I'm constantly throwing one kid out
(06:47):
and putting another one in. AndI've got two children, and every time
one of them max out, Ichanged my trust to leave them money the
other one, and then when thatone acts out, I changed my trust
to leave it to the first one, and I tell them that. By
the way, every time I dothat, they don't usually act out.
And I say things like, letme tell you, the one person that
wants you to really screw up isyour sister. But so I if five
(07:15):
hundred thousand dollars, is it worthto spend a couple of thousand dollars to
do it? I would, Butthat's me. That's not necessarily of oh,
you have no choice kind of thing. I don't know if that helps.
Yeah, that's the kind of adviceI give. And it's more it's
not a legal issue. It's moreof a practical issue, and do you
want to spend the money or not. I personally think it's worth it,
(07:39):
but also on the other side ofit, I also think that it's worth
it to really protect yourself anyway.For example, I'm always pitching insurance.
You know, Bill, how doI protect myself? Gee? What do
I do? Someone goes after meand sus bicker? Just get insurance,
lots of insurance. So I havemy auto policy. I have two hundred
(08:01):
and fifty eight thousand, five hundredthousand. In other words, for a
single occurrence or a single Plaineff's twohundred fifty thousand dollars up to five hundred
thousand dollars. They're multiple ones,and then I have a umbrella policy on
top of that because I just believein a lot of insurance because I'm just
super careful, and I am alsothat careful and would be in doing the
(08:24):
a trust or a will. I'mjust I'm just really conservative when it comes
to that sort of stuff. HiDave, Hello, Hi Bill. Two
years ago, my mom died ina nursing home from a UTI. The
health department found the negligent, soI found a wrongful death lawsuit, and
(08:45):
four of my family members wanted nothingto do with it and refuse to help
with it. When it comes timefor a settlement, Can these family members
who didn't even have time to visitor call her, throw a wrench into
the proceedings? Yeah, yeah,they can say, well, it depends
on you're the one that filed thelawsuit. They have not correct, right,
(09:11):
Okay, So if they once thesettlement is made and they have not
filed the lawsuit and the money isdistributed, they're out of luck. Okay,
Okay. The fact is the factthat they left her alone and didn't
care really doesn't matter. Unfortunately,you know you're allowed to leave mothers alone.
It's a you don't have an youdon't have a legal obligation to take
(09:35):
care of your mom. What youdo is have a moral obligation. And
I think their argument of wrongful death, because wrongful death is emotional damage,
is what it's about. It's youhave been damaged emotionally because your mom died
through their negligence. The only you'rethe plainting, and the only injury you
(09:56):
have is basically how distressed you are. They're not very happy because she left
me the entire estate, Well,then they're gonna be really unhappy. Yeah,
well they're gonna be really unhappy.And I'll tell you the settlement is
is gonna You're gonna The argument is, you never even talked to her.
How emotionally damaged can you be.You haven't talked to her for thirty years.
(10:22):
Now you're arguing you're devastated because shedied. I mean, that's a
pretty good defense. You, onthe other hand, have a hell of
an argument. I took care ofmom. I was there for mom,
and I think that is part ofit. But just the trick is get
the settlement, take the money,and just don't even tell them this is
(10:43):
going on. Don't even let himknow. Let them worry about, let
them worry about the will. Lethim concentrate on that which your mom has
every right to leave you all themoney. How much money are we talking
about here, Dave. She leftme about a nine hundred thousand dollars house,
all the contents, and less thanone hundred grand. Okay, so
(11:07):
she leaves you a million dollars?And was it a will and a trust?
I'm assuming the house was in trust. Maybe not, but I'm assuming
that it was pretty airtight. Thewill. It was done by a professional,
right, Yeah, it was ina trust. It was done by
an elder. Abuse. Oh yeah, you're fine. Then you're well covered.
(11:28):
You're gonna be fine. I mean, there may be a will contest.
And here's what happens with family memberswho are thrown out of wills,
is that they inevitably come back andthey contest the will just to get their
hands on the money. And allof the defenses you have is you look
(11:48):
at the will and then let's saythey take it to a judge, because
they have a right to file.But the estate's going to have to defend.
They're gonna have to pay for theirown attorney's fees in the hopes that
you are going to settle with them. And sometimes that happens, and sometimes
people settle for reasonably large money becausethey just wanted to get over with But
(12:09):
in the end their claim is thatwe should have gotten some money Mom forgot
or Dave coerceter. And it dependson how far back the will goes if
it If she wrote it a weekand a half before she dies, that's
fairly easy to attack. If shewrote it. Yeah, I don't think
(12:33):
I'm going to be invited to Thanksgiving, probably not. Probably not. They
would probably charge it for the turkeyanyway, Jeff, welcome to handle on
a lot. Hi, Jeff,Yeah, can you hear me? Okay?
I can't, yep, I can, okay, Okay, listen.
I appreciate it. But my doctordaughter, older daughter lived with her boyfriend
(12:58):
for a couple of years and athough which is in her name. Uh,
he paid rent to her and hevolunteered to do some improvements. He
was a defract contractor, I believea plastering contractor, and he did some
work there. I don't know theexact details, but you know, quite
a bit of work, high quality. She did the cooking, bought groceries.
(13:22):
Uh. Now they've split up acrimoniously, and he's sent her a demand
letter for the labor. How muchthey never? Uh that I don't.
I knew you were going to ask, and I don't know that, but
it's going to be considerable. Okay, just as a ps. He's done
the same thing to a woman mydaughter is in contact with, and she
(13:45):
said he's done the same thing totwo other women. Okay, I'm not
sure if that matters, but Icould. I could. It could matter
because you're going to show a pattern, and that can be brought in by
I doubt he is going to goforward and sue. He might sue if
it's under ten thousand dollars. Hemay take her to small claims court.
(14:09):
And I'll tell you what the judgeis going to say. He's going to
look at him and go get outof here. There is no written agreement.
There is no record of him demandingany money. Hey, we were
boyfriend and girlfriend and he offered tohelp me and do the work. Where's
money in that? Yeah? Andthere was never even a yeah, no,
(14:33):
your daughter. Your daughter's fine,don't worry about it. Even if
he sues his small claims court.Your daughter is fine, Okay, great,
all right, Yeah, there's nowritten mean wouldn't you. And also
there may be a licensing issue toowhere he can't even begin to sue because
if you do work, I thinkover five hundred dollars or whatever, maybe
one thousand dollars. Now you haveto be you have to have a license,
(14:56):
and if you don't, you areprecluded from So he's out to lunch.
I don't even think you need tobring in the women who he did
this too. I want to talkabout pain for a moment. Living in
chronic pain, Well, it's painful. It's pain, and not just for
those that live in and with chronicpain, but also for their loved ones.
(15:16):
Now I happen to be a completewiss. I actually go to urgent
care when I have a paper cut. I mean it's ridiculous. That's pain
for me. But for others.Pain is chronic and it can be debilitating.
And if you happen to live inchronic pain or know someone who does,
especially if it's a loved one,I suggest you listen to the pain
game. Podcast. It's a showabout living in and with chronic pain and
(15:39):
trauma. It's funny, it's sad, it teaches, it inspires sometimes half
depraved, and it's not about whining. It's about shifting your mindset when life
and you hurt. Lindsey Soprano,the show's host, shares her stories of
living in and with chronic pain andtrauma, and she has lots of it,
and I mean twenty four to sevenher guests have either lived with or
(16:00):
dealt with this pain and trauma.They ranged from experts in the field to
lawyers to stay at home moms.The show is raw, it's real.
Every episode ends with a message ofhope, and you'll understand that the show
is really about giving pain purpose.And I know, Lindsay, I know
how valuable this is for people wholisten to it. Pain Game Podcast,
listen to the iHeartRadio app or whereveryou listen to podcasts, that's the Pain
(16:23):
Game Podcast. Hey, Jenny,welcome to Handle on the Law. Hi,
I'm so glad you went through yourtrauma and camp good on the other
side. What a story you toldme personal, Yeah, it's really awful.
Also, going to compliment you onyour compassion for the guy who had
(16:44):
a daughter who is I know,I know, I said, you know,
you have no idea how hard thatwas for me to be compassionate,
Jenny. It just took every singleounce of my being to be compassionate.
All right, all right, WellI have some simpler but important to me.
I have a grandson who's in thesecond year of law school. And
(17:07):
no, actually he's in his thirdyear. Yeah, you go to tell
him it's a big mistake. Justlet you know, but go on.
Well that's his path, but hecan always get off on another path.
Anyway. I don't want school harmanybody, except for the money, which
I would like to know. Inhis second and third year I forwarded him.
(17:30):
I gave him two things. Igave him eye bonds that I bought
when he was young and which havematured at a great level in the past
twenty five years. And I alsolent him, I think foolishly, one
hundred thousand dollars fifty for each yearwith no interests due. So anyway,
(17:55):
he wants to wait for the lightbonds to mature in seven years so he
can get the highest interests do outof those iponds. And I just want
to know. Like and I saidin this agreement, if I die,
he will pay back the estate tohis mom and his aunts, because then,
(18:19):
you know, I just don't wantit all to be in his pocket
because that was take The money Igave him was from my estate. So
does this agreement need to be witnessedor around. No, No, it
just has to be. It hasto be well written, and he has
to sign it. Now, thefact that it's notarized doesn't hurt, and
(18:42):
it's much more difficult for him tosay, I didn't sign it. That's
not my signature, and you allyou have is the signature. Yeah,
I mean you don't so you don'thave to notize it but his signature.
But it doesn't hurt, and it'sjust another level of protect for you.
But it has to be a wellwritten I owe you. And because you're
(19:04):
talking about an extraordinary amount of moneyhere, one hundred thousand dollars and there
are provisions interest free. He waitsseven years, and you have to find
out when the payment is to bemade and what terms. And for example,
it's five thousand dollars a month orthree thousand dollars a month or one
(19:27):
thousand dollars a month whatever that isuntil it is paid off. That's only
one thousand dollars a month. That'sonly one hundred. That's ten thousand dollars
a month. I don't know.Ten Yeah, that's a thousand months.
Yeah. Probably. In any case, it should be well written. And
that's that's the point. It can'tbe open ended. Where now let me
(19:48):
get this. I'm a little confused. Where when is he supposed to pay
this back? Okay, so that'swhat you write that it must be paid
back with within ten years the entireamount. Now do you want to set
up a he has to start payingin five years and an x amount?
(20:08):
You want to put in a severabilityclause or no, it wouldn't be a
separability cause it would be a clausein which it speeds up the process,
which makes God, I forgot whatthe name is. I can't believe I
forgot this term. This is whypeople don't pay me money. Is someone
(20:30):
out there is screaming at me.Every lawyer is listening, is screaming at
me. And that's the clause thatsays if one payment is due, all
of them become due. And nowyou have a document that all the money
is due. You may want toput one of those in because otherwise,
if you're a month late on firstone, all you can sue is for
(20:52):
the first month's payment. If he'stwo months late, all you can do
is sue for the second month's paymentand the first month if he stops paying
you. So what you want isa clause that speeds it all up.
And I'll get the name as soonas I hang up on you. I'm
sure I remember. So I wouldyou know what I'd have someone drafted up,
Jenny, I would, I'd haveit attorney drafted Okay, Okay,
(21:14):
Yeah, that is a good suggestion, that's for sure. Susan, Hello,
Susan, Hello. Yeah. Okay. So last year my friend got
hit. She was at a stopsign, not moving and a drunk came
around the corner and hit her.She was in a huge suv. It
(21:37):
totaled it. It told her suvand she didn't feel like she was injured
at the time, but of courseshe was. And you know how later,
a couple of days later, youfeel it and so there you go
the doctor. Yeah. But sothe bottom line is is that her injuries
are she had a really bad allon the left side where she got hit.
She had arthritis on the show heranyway, but then made everything worse
(22:02):
kind of then now she has twobulging discs. Uh. And and they're
saying the doctors say, well,could be this, or it could be
that no one really backs her upon this. Okay, you're going to
know her body. Yeah, she'sgoing to the wrong doctor. Uh.
And in terms of the accident,I'm gonna suggest you go to a or
(22:23):
she goes to a personal injury lawyerbecause they said she did. She has
said a personal and he says that, he says, you know, he's
talked to their insurance company hers becausethey did they did find her, you
know, you know, basically she'sonly got like twenty thousands. So what
(22:44):
what they'll do is, he said, what what what they'll do for her
is then they'll go back and takeher and have her insurance company right right
the underinsured part of the uh,it's it's it's underinsured non insured UH part
of the policy which everybody has tohave. And what are her limits?
Do you know, Susan? AllI know is that the attorney told her
(23:07):
that they're not saying right away,they won't say till actually she files,
but that he is thinking maybe twentythousand. Well, no, it doesn't
work that way. There's fifteen thirty, there's twenty five fifty. You have
fifty one hundred fifty thousand with asingle accident or a single person, and
then you get one hundred thousand ifthere's multiple people involved. So twenty thousand
(23:32):
doesn't make any sense. That's forstarters either. And if she has only
if she has twenty thousand, shehas minimal coverage on her side, which
is dumb on her part, andthere's nothing there. I mean, the
other side is probably going to haveminimal. You have to assume that fifteen
thirty. So there's fifteen thousand dollarsthere, and that's it now her policy
(23:55):
for example, Just to let youknow, and I'm crazy about insurance.
You've been listening to the show,you know, I am. I have
two fifty five hundred, two hundredand fifty thousand dollars for a single occurrence,
five hundred thousand for multiple multiple peopleinvolved in them, and I have
an umbrella policy on top of thatanother couple of million dollars that are above
(24:18):
that. So I could take Icould take out a kindergarten class in a
crosswalk and I'm covered, Yes,because you want to do the right thing
if you do hurt someone, No, I don't care about No. No,
I don't care about doing the rightthing. If I hurt someone,
I want I don't I want toget I don't want to get sued,
Susan. I don't want to writechecks. Yeah, do you think I
really care about kindergarteners walking across acrosswalk? Come on, yes, I
(24:41):
think you do. But yeah,yeah, young, I've been listening to
this show long enough. In anycase, so the p I lawyer,
you may want to get a secondopinion. She may want to get a
second opinion. It doesn't cost anything, and they'll just look at it and
then she can really do really takea good hard look. Cause the lawyer
says, there's only twenty thousand dollars. That's weird. That doesn't make much
(25:04):
sense. Tom, Hi, Tom, I have a friend of mine.
She went to bound Balley Hospital andshe had wanted to get a couple of
stitches in her foot. She wokeup the next day and found out that
the doctor had taken part of herliver out and she can't find and she
having a hard time trying to findan attorney to take Wait a minute,
Wait a minute, Wait a minute. She goes for stitches on her foot
(25:25):
and she wakes up with part ofher liver taken out, and no lawyer
will take it. No, something, Tom, Tom, Tom, something
is definitely wrong here. All right. You go in for stitches, someone
takes to your kidney out and allof a sudden, and no lawyer will
take that. How many lawyers hasshe been to? She's talked to a
(25:47):
couple of them. But I don'tthink she's explaining it the way I did.
Yeah, no kidding, because yeah, the way you're I don't even
know what to say. Of course, it's a you know, you're not
supposed to lose your kidney when they'redoing stitches on your foot. I mean,
that's, you know, kind ofcrazy. I'm just surprised. The
part that's surprising is she must haveso mis explained it, or this or
(26:11):
your nuts or she's nuts, oreither you or both are completely delusional.
So you know what, when didthis happen? When did this happen?
Tom? About two and a halfthree years ago. Oh yeah, there's
a statute issue here going on.That's the problem. So go to go
to the website, go to handleon the law dot com and talk to
(26:33):
one of the personal injury medical malpracticeattorneys and see if there's anything there.
But I'm shocked two and a halfthree years ago. You back when they
take out your kidney and they shouldn't. Yeah, that's not crazy. I
mean, that makes no sense.This is what happens on this show.
You know, we get people thatgo you know, wait a minute,
she went in, it was gonnago for foot surgery and they took her
(26:53):
head off. Do I have acase bill? No? No, no,
you know plenty of people walk aroundwithout their heads. Sure, hey,
John, So what we got hereis my wife has a fifteen year
old debt that we've been getting constantletters from an attorney that has bad reviews
and has always been known as ascammer, and so we ignored those letters.
(27:18):
So what happened just today We gota twenty five She got a twenty
five percent of her pay garnished thedebt. The payoff of the debt is
forty five hundred dollars. So dowe have can I can I appeal this
now? No? No, youhave a judgment that the only thing you
(27:38):
can do is emotion to quash thejudgment that's against your wife. All right,
if it's a valid judgment, I'msorry, motion to quash the Yeah,
yeah, the judgment. There's ajudgment that has been that has been
recorded against you. Your wife wassued how many years ago? Oh,
this is just recently? No?No, when was she no? No,
(28:00):
no, no, no, whenshe was originally sued. There is
a judgment out there based on alawsuit that was filed against her. Okay,
I'm gonna have to find that out. Okay, so here it was.
I'm gonna guess it was like twelveyears ago. Okay, Well,
here's what happens. A judgment isgood for ten years, but you can
reaffirm it, you can record anotherten years. So there's a judgment sitting
(28:26):
out there now. The motion toquash it is getting rid of the original
judgment based on whatever lack of serviceor whatever. But it's you have to
make a legal argument in front ofthe court saying that that original judgment is
no good and here is the reason, And you've got to come up with
a good reason, one of thembeing, one of them being you weren't
(28:48):
served properly, so a judgment basedon bad service. But then you've got
proof of service right there, thereis the person who served her. Here's
the name, here's the day,here's the time it happened, and the
name. You've got to say thatthat's not true and somehow prove it.
Okay, all right, so it'sit's no small matter. But in the
meantime, there's not much you cando. The fact that it's a flake
(29:11):
attorney. Hey, it's a collectionattorney. Hey, victor, welcome to
handle on the law. Bill.I have a question. I have a
family member that died, has twokids, and another family member on his
side, on the father's side,took it upon themselves to start stealing and
taking everything the enter the house.And now they're trying to sell the house.
(29:33):
And he has two kids, andthey're taking it away from the kids,
and they're saying it for their benefit. But hold on, hold on,
how they they just can't turround andsell the house. I can understand
stealing everything that's in the house.I get that that you can do it
a estate sign. There's a realestate sign. It doesn't matter, it
doesn't matter, It doesn't matter.If there's a real estate sign, who
owns the house? I think thechild does. Well, there's no way.
(29:56):
Wait a second, I'm sorry,the father died. Okay? And
when did the father die? Abouttwo weeks ago? Okay? They can't
sell. They can't just up andsell the house. They don't own the
house. They don't Wait wait,wait, how do you know? What
does that mean? They're expediting.It's a very high profile family. Okay,
(30:18):
I don't understand what what's so?What are they expediting? They win
the house, took all the paperworkanything that claimed that the kids George certificates,
and now they're claiming that none ofthat matters no longer. That they're
claiming that it's no longer theirs andthey're selling the house. At this point,
they're manipulated and it doesn't matter.In order to do this, Victor,
(30:40):
they can lie all they want.Uh, the father died. Who
the title I'm assuming is in thefather's name? Correct or? Is it
a trust? Yes? Okay,okay that in order for them to sell
the house, they have to transferit into some kind of an entity in
which they have the authority to sellthe house. Well, they they threatened
(31:03):
us. They taken't me and toldme that the foundation and the estate of
the person is very well known.I would like to tell you the name,
but I can't say it over theair, right then don't? Then
don't, okay, But they saidthe foundation and what else in there in
the estate? Which is it is? It's a very Once I say the
(31:25):
name of you, you don't youknow the book? He's the author.
He wrote books and stuff like that, so he's very well known. And
but I happened to be the uncleof the Yeah, but hang on a
second. But are victory? You'revictor. You're not making any sense.
Someone dies two weeks later, areal estate sign goes up, and uh,
(31:45):
it is it the trustee of thetrust for example. No, it's
just it's just the other people.It's just family members that want to go
in and sell the house. Imean, members don't want to steal victory.
You're making victory. You're You're makingno sense. I want to tell
you about Zelman's Minty Mouth and thisis a breath freshener, but it really
(32:07):
is much more than that. It'snot just a ment. It's a functional
breath freshener that you swallow, andit's clinically tested against the toughest offenders,
even garlic and onions. You puttwo or three in your mouth, you
suck the minty coating, and thenyou swallow the capsule and now you have
fresh, clean breath that lasts fourhours. I mean, this is for
real. You could actually eat offthe back of a garbage truck and Zelmans
(32:30):
would still give you the freshest breath. You've never had, never met anybody
who did that, but I'm toldthat's the way it works. What I'll
tell you that I know is you'lllove the confidence of long lasting fresh breath.
Or your money back, and that'sguaranteed. But no one ever asks
for their money back. It's thatgood. They give you free shipping if
you order three packs or more.And I've known these folks for over thirty
(32:52):
years. Zelmans dot com, that'sze l mins dot com. You get
fifty percent off when you use thecode handle fifteen. That's handle fifteen.
That's the code. Go to ZelmanZ E L M I N S dot
com. Zelmans dot com. Thisis handle on the law
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