Episode Transcript
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(00:00):
All right, here we go handleon the law marginal legal advice where I
tell you you have absolutely no case. Okay, another Florida case. This
one is absolutely delightful. All right. Caleb Phillips, forty six years old,
was arrested on failure to appear andthis happened to be a failure to
(00:29):
appear on a dui charge. Hewas released because obviously they I'm not going
to keep people with no bail anda dui and it's told to come back
or he's not kept on a nobail, So you know, he gives
bail. And when you write acheck for bail or you put up bail,
you have to come back at acertain date and if you don't,
there's a warrant issue for your arrest. And that's what happened. So they
(00:50):
pick him up and they he nowgoes into jail. And what they do
in jail is they change. Ofcourse, you get into a jail suit.
They take your clothes and they putin a bag, put it away,
and you get into jail attire.Now here's what ended up happening.
(01:11):
They found in his underwear. Thecorrections officer found in his underwear a small
vial containing methamphetamine. I'm reading thereport under his penis, and he denied
ownership, completely unsure of how thatpackage got in his underwear. Now,
(01:34):
the corrections officer noticed as he cameinto prison that his junk, if you
will, normally it just sits there, and it's junk was flopping so rapidly
that you could see the fabric sortof going up and down sideways and sideways
at a very rapid rate. Ah, there's something here, yep, methamphetamine
(01:59):
right under the penis. By theway, I'm reading this from the report.
I'm not making this up and I'mnot throwing words out either. All
right, So now he of coursehas been charged as the Indian River County
Jail. Of course it is inFlorida. Of course it was. Oh
yes, So he disavowed knowledge ofthe cylinder. Don't know how it got
(02:23):
there. However, he did saythat he believed it to contain advil pills.
Very big problem. If you don'tknow how it got there and you
don't know what it is, youdon't say it's advil. You keep your
story and you just say, haveno idea how it got under my schwantz,
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no idea and cops noted that,in fact, there was advil inside
the cylinder as well as methamphetamine,and so he's been charged with narcotics possession,
smuggling contraband into a detention facility.Both are felonies. And now he's
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being held without bail, no bailand no junk flying around at an uncontrollable
speed either. By the way,that's a math joke. So I'm looking
at his rap sheet. He's hadprior convictions for dui, resisting arrest,
marijuana possession, fleeing or eluding thecops, possession of drug paraphernalia, leaving
(03:35):
the scene of an accident, disorderlyintoxication, driving without a license. Most
of them are considered pretty minor crimes, I mean misdemeanors. I mean there's
a lot of them, but youknow, it depends on how many DUIs
he's gotten, and that could bea felony on his fourth or whatever.
But bringing in drugs into a jail, now we're major felony, especially under
(04:04):
the Schwansorraie. That is a problemFlorida, of course, Florida about that.
Oh here we go, Rick,I'm sure not gonna be able to
help you. What can I dofor you, Rick, Yes, family
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trust. My parents set it upirrevocable for siblings. We all have to
agree to make a decision. Andright now, my older brothers in the
seventies, I'm in my middle sixtiesand my two younger siblings don't want to
sell a house. Neither of myolder brother or me have the money for
a lawyer. Pretty expensive to doa partition. I've been looking for resources
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for seniors to help, and sofar nothing. Yeah, that's tough,
it is. I mean, it'stough getting lawyers that help seniors who are
being evicted and are going to endup on the sidewalk, or are being
defrauded and lose their life savings.That's hard enough. Now filing for partition
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to split the property and force thesale, I got to tell you that's
pretty low on the food chain asfar as lawyers helping you out. All
you can do is just keep onresearching and researching. I certainly don't know
any lawyers that would do that becausemy lawyers, I'm sorry, does it
come under a senior abuse No?God, no, not no, no,
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that's not what the decision not tosell a house. I want to
keep the house. That's senior abuse. Yeah, because my older brother had.
He pays two thousand a month rent. Well, the proceeds from the
other house. Well, you knowwhat does he and wait a second,
does he own the house? Yes, we're all cool. Why is he
(05:53):
paying? Why is he paying renton a house he owns? Oh?
No, I mean no, helives at another house. He lives in
another place here in the la.Okay, So I still don't understand where
elder abuse is here. He's theonly sibling who's left out of the who
has to pay rent, and hewants his money. It doesn't matter.
That is not elder abuse, noteven a little bit. I guess.
(06:15):
Yeah, I frustrated. Yeah hegot Yeah, but certainly certainly not.
No, in no ways that elderabuse. Ron. Hi, Ron,
welcome, Hey Bill, thanks fortaking my call real quick. I'm a
fifty eight year old male. Ilive in Steel Beach. I don't have
much. I'm I got a simpledeal here. I got a half million
(06:38):
dollar condo and a four to onek to leave to leave to my daughter
should something happen. I got aliving trust done for about fifteen hundred dollars
from a guy right here down thestreet. And I'm so confused with the
living trust, the revocable trust,the wills. You know, Bill,
did I get the right one toavoid tolbate? Well, if it's a
living trust, there's no probate.You're done. Okay, Okay. If
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the condo is placed into the trustand your daughter is a beneficiary, which
is, by the way, theway to do it, because she's not
gonna have to pay tax on it, that's the way to do it.
Absolutely perfectly. You did it right. And as far as the four oh
one K plan, you simply leaveher as a beneficiary. Okay. So
I don't know if I included thator not. It's been a while.
(07:19):
That's easy. No, no,no, no, that's easy. Just
call it the call the administrator ofthe four to one K plan and yeah,
no, no, no, no, no, no, no.
It's up to her to show youyour death certificate. Oh yeah, yeah,
just call the administrator. Yeah,just call the administrator, say I
want to I want her to bethe beneficiary. Because if the law says
you have to show your death certificateafter you die, that gets a little
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problematic. It's not easy for deathpeople to show their death certificates. It
is easier for your daughter to showyour death certificate. You did everything right,
You're in You're in fine shape.Derek. All right you Hello,
Derek, Welcome to the show.Hi. I inherited a small piece of
(08:03):
commercial property. It's a rental property, and people are telling me I should
put it in an LLC and nothave it in my name. And I'm
wondering if that's I had somebody elsesay, oh, just get a lot
of insurance. But yeah, that'swhat I think. I mean, that's
why you put it in an LLC, and that's a separate entity and you
(08:24):
get to file a tax return forthe LLC and you pay a minimum of
eight hundred bucks a year just forthe joys of having an LLC. Now,
what is the LLC? How doesit protect you? That means if
anybody sues the LLC, someone slipand fall, et cetera, it sues
the owner of the property, forexample, your house, which you own.
(08:46):
Theoretically you get sued if you ownthe house, and if it's in
a trust, the trust gets sued, although if it's a revocable trust it
really doesn't matter. LLC does protectyou to the extent that the only liability
is the value of the LLC,which in this case is the property.
Now I'm a big fan of insurance. In anyway, I have my house
(09:09):
and a trust. It's not arevocable trust, irrevocable trust. So basically
I'm liable anyway. Uh. AndI've had Uh, I mean business one
of my partner though that business isan LLC only because it's a business business
and we don't want to be generalpartners. So the answer is either way
it works, and it really doesn'tmatter. So I know you don't answer
(09:33):
accounting questions, but I'm asking youfor one. Anyway, if I change,
if I put it into an LLC, now I don't own it,
the LLC owns it. Does thatmean because I inherited this under like the
yeah yet it yeah? No,I say you inherited. And that's that's
an accounting question, because then youhave a sub Chapter S corporation that you
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can file, or it's a corporationthat you elect a sub Chapter SUH provision
in it where the taxes fly straightout of the taxes or the income goes
straight to you. That's an accountantquestion. Uh. You know, my
issue is just legal and legal protectionand I've done both. Uh, Gina,
(10:16):
Hi, Gena, Hi, howare you? Yes, ma'am?
What can I do for you?Yes, I'm an idiot. Would you
have help me several times? Okay? Last one being okay, anyway,
put it all together. I wasonce forty jail nine days because I didn't
file charges of them being beat.I've been Okay, hold on, hold
on, you didn't file charges foryou being beat and that you were put
(10:41):
in jail for that? Yeah,that's what property and love story short I've
been in where the police have beatme up so bad and long story.
Last one was I was held Ilike, you gave me an elevator ride,
you know the downtown skin roll apartmentokay or whatever, and they said
I was half a million. Ilike, you know what. I just
(11:03):
was like everything tied all together becauseI've been through what they call the gool
squad and you don't mind somebody andI see it. I've been attacked down
town. I've called the police andthey were putting a hole for half an
hour. I fear later here latera couple of days, three girls got
killed. Okay, I'm like,I'm just like I would like to tie
it all together some kind of waysand do what what do you what do
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you want to do? And allyet well by friend of mine associate,
he got eight hundred thousand dollars beingexlerated from the rampart scandal. Okay,
is there any way to put everythingtogether? What you want? Yeah?
It's the old Uh yeah, it'sthe old case where you go in an
elevator, you're beat up, you'reput into jail because you didn't file a
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police report after you. Uh yeah, yeah, yeah, I beat that.
I beat that in the same facilityand skid row. Uh yeah,
that's the last year you told meto call I did you'd be elevator to
be out a rule? A?You shaid call the lawyer tomorrow. I
say you should have much There wasn'thalf a million. I would like to
(12:09):
just put everything all. Yeah,by the way, did you call Did
you call the lawyer? Because no, idea I told you. I told
you to call the lawyer on handleon the law dot com only because there
is a specific lawyer that I'm havinga little bit of trouble with. He
and I are really not getting along, and so I'm giving him your phone
(12:33):
call. Uh. The answer isI don't know, Gina, because you've
got a lot of moving pieces here. Uh, you know, attacked,
assaulted, arrested for not filing theassault charges, elevator being attacked, three
people dying in that same building.And yeah, it's really complicated. So
go back and call the lawyers,and lawyer, will I guarantee you one
(12:56):
of my lawyers will pick it up. Yes, yes, By the way,
I actually do remember that phone call. All right, holiday season is
here, and so you're sitting atdinner and let's say you get a bad
breath, or you do anyway,so what do you do about bad breathing
and you really care about that?Well, I'm going to suggest that you
(13:16):
purchase Zelman's minty mouth mints. Andit's way beyond a breath mint. It's
a breath freshener that you swallow.I mean it, it helps you cough.
It's a functional breath fresher that youdo swallow. Garlic onion, smoker's
breath deals with all of that.You pop two or three in your mouth,
(13:39):
in your mouth, you suck upthat mint and you have breath the
last for hours. You also swallowit when you're done, and you can
bite right into it, and whatit does just doesn't cover up your breath.
It really cleans your breath. Andit happens not only your mouth but
in your gut. So it's forhours and hours of good breath. And
I use Zelmens all the time.I love them, and this year I'm
(14:03):
even using these little packets of Zelmensfor stocking stuffers. I mean they're that
neat and the product is that good. Zelmans gives you a money back guarantee,
not that you're ever gonna use it, free shipping on packages of three
or more, and believe me,you're gonna want three or more. And
I've known the folks behind Zelman's forover thirty years and I know they're the
real deal. So go to Zelman'sdot com z e l mns Zellmans dot
(14:30):
com. You get fifteen percent offwhen you use the code handle fifteen and
use that code handle fifteen zelmans dotcom. The code is handle fifteen.
Here we go, Lou, Hi, Lou, welcome. Oh hey Bill,
I've got a question for you.My wife and I belong to a
(14:52):
sort of like a hell spot.They do facials, massage and saunas and
it's forty nine dollars a month,you get and on one of those free
items every month as long as youdo auto pay and you're on contract.
The problem is, we've been withthem for about eight years. We accumulated
(15:13):
about twelve of those benefits, andnow the company was bought out and they've
raised the rate to seventy nine dollarsinstead of forty nine. And we're like,
no, we don't want to payseventy nine. We're on contract for
forty nine. But nowhere in thecontract does it say they can raise the
(15:33):
rate if the company gets bought out. What's your thoughts, Oh, well,
hold on a minute. Nowhere tosay you can't raise the rate.
There's probably some language in there thatsays we can raise the rate without notice.
We can change the price without notice, because the other argument, if
not, then you're going to beat forty nine dollars for the rest of
your life, even when everybody elsepays fours because of inflation. So that
(15:58):
doesn't fly. Because the company boughtit out doesn't mean that it changes anything.
But they can raise the rates.Nothing changes. If there isn't any
language one way or the other.They could raise the rates and all you
have is a contract, But howlong does its contract go for? Does
it say because it tells you agiven period of time, So I'm assuming
(16:22):
it's it's one of those if youdon't pay and you're no longer in good
fake, then they cancel. No, no, no, that that's a
given. You can even if youhave a one year contract or five year
contract, you don't pay, it'sover. But is there a specified period
of time when you first sign thecontract? Did it say forever? Did
it say't said anything yet? Yeah, but they don't. But they don't,
(16:47):
all right, so your argument isgoing to be when you sue them
your honor because they haven't said anything, this contract should last forever. You
see, if I'm thinking I wouldlike to cancel, but I don't want
to lose the thirteen, well you'reprobably going to Yeah, you're probably going
to okay, yeah, and youcan sue them for the value of that,
(17:08):
and you can, and you maywin because you've accrued it, unless
there's something in the contract that saysyou didn't accrue it, you know,
use it or lose it kind ofthing, and then you're going to argue
that. But if there's no writtenagreement of any kind. There's no contract,
so you're kind of out of luck, and you're probably fat out of
shape too, so at all worksout. Joe, Hello, Joe,
(17:30):
Welcome. Hi. I was recentlyinvolved in a traffic accident that the other
party's insurance denied my claim and Iwant to take them to small claim's court.
And I don't know should I assuethe party or should I sue the
insurance company who hit you? Theinsurance company or the driver of the other
(17:51):
car. The driver of the car. Yeah, so you probably have to
hit the person that hit you asopposed to the insurance company, because the
way insurance worked is the driver isinsured as to what he or she does,
so you definitely sue the driver.That's how it works. People will
always get that wrong. And ifthey say no, it's not our fault,
(18:15):
we don't want to pay insurance coinof or it's not our insurance fault
and they just want to pay,okay, then you sue the guy and
you assume a small claim scort.And how do you how do you ascertain
that he's at fault? Well,I mean I explained to my insurance company,
which I have no collision on mycar, so it's an older car.
(18:37):
No, I understand, but howyou know? Okay, you explain
that you have no insurance. Okay, so your insurance company is out of
the picture, so all you haveis the other driver. How is it
that that driver is at fault?Explain to me the accident a little bit.
There was a lady park behind amail carrier truck on the street.
It wasn't on the curve in themiddle street, it was just kind of
(19:02):
halfway in between. I went,she was part behind him. I went
to pass them on the center ofthe street. At that point she pulled
out and my right front fender hither. Okay, yeah, okay,
I got it. So h yougo past them, someone that's parked on
the street basically clips You goes rightinto your lane and you go ahead and
(19:26):
you clip the driver, right,You clipped the car. Yeah. It
sure sounds to me like there's noliability on your part. I don't know.
I don't know why the insurance companyof the driver is saying no thank
you. I mean, he obviouslytold some kind of a story you pulled
in front of him or whatever,But all things being equal, I don't
know how the insurance company said noto you, because I don't think that
(19:51):
you're liabel in any way, orthe other driver is not liable. I
do think so. By the way, we do have some lines open,
you know, for some reason,for the first time in three hours,
we have lines open. Eight hundredfive two zero one five three four.
Eight hundred five to two zero onefive three four. You know, rarely
do I run out of calls.I still have a few here, but
(20:15):
this has been a weird day forphone calls. Jammed at the beginning eight
hundred five to two zero one fivethree four, and you will get right
in Ronda. Hello, Ronda,welcome to handle on the law. Hi.
Yeah, my daughter has a beneficiarything from the teachers union, but
(20:37):
they won't give it to her untilshe has a death certificate. And she's
playing ac double hockey stick to getthat death certificate. Ye, it's wait
a sec hold on, hold on. Is the person who's dead completely dead?
Completely? Okay, So we havesomeone who's completely dead. Next question
(20:59):
is how is it that she can'tget hold of the death certificate when it
has to be filed and it's arecord, it's an open record with the
Recorder's office that anybody on the planetcan get you just ask for it.
So I don't get this panel countyis making her prove that she is his
(21:19):
niece, even though she says,wait a second, that doesn't make any
sense because anybody can pull a deathcertificate. That is weird. So you're
telling me, let's say there's alawyer who's handling probate for somebody or whatever,
no death certificate, can't get itbecause not related to the person who's
(21:40):
dead the deceased makes no sense.RHNDA, that a county is holding off
and will not give out or willnot release a death certificate or a copy
of it because she can't prove thatshe's the niece. I mean, that's
just insanity. So something's wrong there. You got to talk to the county
recorder because something makes absolutely no sense, and there's no way I can help
(22:02):
you because it makes no sense.I mean, what do you do?
The Martians have just invaded. Whatdo you want me to do about that?
Very strange, Bill, you gotan interesting one. Welcome to handle
on the law, Yo, BillJeffer. Back to nineteen eighty one or
(22:22):
eighty two, I got two DUIsin South Dakota. They were only about
six weeks apart. So I justleft the state never went back. Now
I want to get a concealed carrypermit and I know they'll run a background
check on me. Will that popup? And can I still get in
trouble for those? Yeah? Well, one thing is you can't lie.
(22:48):
But they ask you have you everbeen convicted? They don't ask you anything
else. And you have never beenconvicted? Bill? And is there a
warrant? You know? I don'tthink going back, geez, forty years
or forty two years is going tobe a problem. I don't think they
go that far back. But youhave to look at the application and just
(23:11):
don't lie on it. But Ithink it is a conviction. So you
say no, I've never been convicted. And the worst that happens they say
no to you. You know.Yeah, then you have to buy a
gun like in the park from somesleezeball that the gun was using a murder
and they're not handing it to you. Does that a work all right?
That answers that question for sure.Hello, Rick, welcome to handle on
(23:37):
the law. Hi, Bill.So I got a judgment with a criminal
court with my contractor who practiced withouta license, it's thirty five thousand dollars
to pay in restitutions or can fixthe mess that they made? So can
this person hide assets the bankruptcy?Well, no you can't. You're not
(23:59):
gonna go No, you're not goingto be able to go bankrupt on a
restitution order. That doesn't fly.You're still going to owe the money,
but you got to track it down. Uh, that's the problem. Usually
restitution unless they're willing to pay,very very difficult, because where are they
going to get the money? Yeah? Uh No, they don't go to
(24:19):
jail for not paying. No,No, it's too just restitution. Usually
restitution uh falls on the person whouh is forced to pay restitution that wants
to pay restitution to clean up arecord. But if they have no intention,
they don't have any money. You'reyou're just out to lunch. Uh.
And that's so pleasant, isn't it. Yeah? Yeah, it's a
(24:41):
lot of fun, isn't it?Oh? Edith? Hello, Etith?
Hi, Hi Bill. I havea question. My two siblings and myself
are in my parents leaving trust oncethey pass. How does that work that?
Do we all have to be inagreement to sell the house? No,
No, it depends on how it'sand UH, that is it just
(25:03):
goes it just goes to Usually thetrusts are written to that the property.
Uh. If someone dies, itgoes to the other two or three,
or if someone dies it goes totheir children. It doesn't change anything about
forcing the sale of the house.Anybody who owns the house can can force
the sale. Now, usually whata judge will do is allow worse comes
(25:30):
to worse, allow an appraisal,and give the person who wants to sell
the house the ability to to getpaid by the other people, and they
figure out something. Usually there's veryheavy, very heavy mediation in those Uh.
In those cases, very rarely dopartitions go right to trial because a
judge they just don't want to dealwith it, and they really force the
(25:52):
issue. And if there's any wayif someone buying out the other one,
they do. But it doesn't reallymatter. It's you know, whether someone
dies or not. There's other peoplewho are on the trust uh and get
the property through their parents or asibling sibling gets the product gets the house
because the other one died. That'sjust the way it's written. But no,
it doesn't change the partition part ofit. Two separate things. You
(26:18):
have a house, yeah, yes, yes, my parents own a house
and once you know, my twobrothers still live there. So I'm thinking
down the line when my parents passedthere, you know that's going to be
an issue. Yeah. So Iwas just wondering if they don't want to
sell it, it's gonna be anissue. Yeah, and you guys get
to work it out for sure.Uh, Janet, Hello Janet, Hi.
(26:44):
Yes, So I file the claimagainst the County of San Bernardino after
the snow the blizzard in San BernardinoMountains, specifically a lake arrowhead and the
snowplow had come up over the easementwhich is five feet and I have a
half an acre, and the snowplouddriver just plowed my split reel fans all
(27:07):
the way around. So I filedthe claim for what I paid, which
was ten thousand, four hundred andforty eight dollars, sent all the photographs.
Then I got a letter back fromthe San Bernardino County denying the claim,
saying that data loss was February twentysix, twenty twenty three, and
they said also that an emergency wasdeclared on Okay twenty seven, got it?
(27:33):
So you make a claim and itwas denied yes, mm and it
was over six months no when itwas denied. Okay, Okay. There's
a rule that says if you're goingto sue a public entity then in this
California you have to within six monthsfile a claim. And you filed that
(27:56):
claim within six months, correct,and they just denied it later? Yes,
okay, you're fine. Okay.So they deny it, you appeal
it. That's it. You appealit and if they say no, you
take them to court and you gohere it is. And does it matter
that they declare an emergency? Nowwe look at state law. Is there
an exemption? Yeah, I don'tknow if there is an exception, and
(28:19):
during the course of an emergency there'ssome kind of immunity while they're trying to
save everybody's life, there may bean exception if there isn't assue them.
And yeah, if there's no issueof liability, I mean you should be
okay in terms of liability. Butfor an emergency of which they're going to
claim and there may be nothing thereto claim, so you got to appeal
(28:41):
it all the way. As theother rule, you have to appeal it
all the way up do you thinkit matters that the emergency was declared the
day after the damage. Oh yeah, that matters a lot. Oh yeah,
because it wasn't during the course ofan emergency. Right, yeah,
all right for it. Hey,before we're out of here, I want
(29:03):
to tell you about how much youhurt. If you live in chronic pain,
you know you hurt a lot andit goes on basically forever. And
so I'm going to tell you abouta podcast, the Pain Game Podcast,
and it is for and about peoplewho live in chronic pain and trauma.
And if you happened a loved oneor you're doing this, man, I
(29:25):
know how much you hurt because Iwell, let me put it. The
host of the Pain Game podcast,I know, and I know how valuable
this is. It's a show aboutliving in and with chronic pain and trauma.
It's funny, it's sad, itteaches, it inspires sometimes half depraved.
And it's not about whining either.Oh I heard I hurt. No,
(29:45):
it's about shifting your mindset set whenlife and you hurt. Lindsey Soprano
the show. The show's host hasto live with chronic pain twenty four to
seven four years she knows what she'stalking about, and she's there to help
people. And boy, I knowhow valuable this show is because I know
Lindsey. The show is raw,real, but every episode ends with a
(30:07):
message of hope, and you'll understandthat the show is really about giving pain
purpose. So go to the PainGame podcast. Wherever podcasts are heard,
the Pain Game podcasts. Also,I want to remind you that for those
of you that are on hold,stay put. I am going to continue
with phone calls and you can evencall in after I lock out, because
(30:32):
I'll be taking phone calls for Idon't know, forty forty five minutes and
I go through them very quickly asyou can imagine. No breaks, no
news, no commercial nothing, justphone calls. And the number is eight
hundred five two zero one five tothree four. Eight hundred five two zero
one five to three four. Thisis handle on the Law
All right, here we go handleon the law marginal legal advice where I
tell you you have absolutely no case. Okay, another Florida case. This
one is absolutely delightful. All right. Caleb Phillips, forty six years old,
was arrested on failure to appear andthis happened to be a failure to
(00:29):
appear on a dui charge. Hewas released because obviously they I'm not going
to keep people with no bail anda dui and it's told to come back
or he's not kept on a nobail, So you know, he gives
bail. And when you write acheck for bail or you put up bail,
you have to come back at acertain date and if you don't,
there's a warrant issue for your arrest. And that's what happened. So they
(00:50):
pick him up and they he nowgoes into jail. And what they do
in jail is they change. Ofcourse, you get into a jail suit.
They take your clothes and they putin a bag, put it away,
and you get into jail attire.Now here's what ended up happening.
(01:11):
They found in his underwear. Thecorrections officer found in his underwear a small
vial containing methamphetamine. I'm reading thereport under his penis, and he denied
ownership, completely unsure of how thatpackage got in his underwear. Now,
(01:34):
the corrections officer noticed as he cameinto prison that his junk, if you
will, normally it just sits there, and it's junk was flopping so rapidly
that you could see the fabric sortof going up and down sideways and sideways
at a very rapid rate. Ah, there's something here, yep, methamphetamine
(01:59):
right under the penis. By theway, I'm reading this from the report.
I'm not making this up and I'mnot throwing words out either. All
right, So now he of coursehas been charged as the Indian River County
Jail. Of course it is inFlorida. Of course it was. Oh
yes, So he disavowed knowledge ofthe cylinder. Don't know how it got
(02:23):
there. However, he did saythat he believed it to contain advil pills.
Very big problem. If you don'tknow how it got there and you
don't know what it is, youdon't say it's advil. You keep your
story and you just say, haveno idea how it got under my schwantz,
(02:45):
no idea and cops noted that,in fact, there was advil inside
the cylinder as well as methamphetamine,and so he's been charged with narcotics possession,
smuggling contraband into a detention facility.Both are felonies. And now he's
(03:08):
being held without bail, no bailand no junk flying around at an uncontrollable
speed either. By the way,that's a math joke. So I'm looking
at his rap sheet. He's hadprior convictions for dui, resisting arrest,
marijuana possession, fleeing or eluding thecops, possession of drug paraphernalia, leaving
(03:35):
the scene of an accident, disorderlyintoxication, driving without a license. Most
of them are considered pretty minor crimes, I mean misdemeanors. I mean there's
a lot of them, but youknow, it depends on how many DUIs
he's gotten, and that could bea felony on his fourth or whatever.
But bringing in drugs into a jail, now we're major felony, especially under
(04:04):
the Schwansorraie. That is a problemFlorida, of course, Florida about that.
Oh here we go, Rick,I'm sure not gonna be able to
help you. What can I dofor you, Rick, Yes, family
(04:25):
trust. My parents set it upirrevocable for siblings. We all have to
agree to make a decision. Andright now, my older brothers in the
seventies, I'm in my middle sixtiesand my two younger siblings don't want to
sell a house. Neither of myolder brother or me have the money for
a lawyer. Pretty expensive to doa partition. I've been looking for resources
(04:47):
for seniors to help, and sofar nothing. Yeah, that's tough,
it is. I mean, it'stough getting lawyers that help seniors who are
being evicted and are going to endup on the sidewalk, or are being
defrauded and lose their life savings.That's hard enough. Now filing for partition
(05:11):
to split the property and force thesale, I got to tell you that's
pretty low on the food chain asfar as lawyers helping you out. All
you can do is just keep onresearching and researching. I certainly don't know
any lawyers that would do that becausemy lawyers, I'm sorry, does it
come under a senior abuse No?God, no, not no, no,
(05:33):
that's not what the decision not tosell a house. I want to
keep the house. That's senior abuse. Yeah, because my older brother had.
He pays two thousand a month rent. Well, the proceeds from the
other house. Well, you knowwhat does he and wait a second,
does he own the house? Yes, we're all cool. Why is he
(05:53):
paying? Why is he paying renton a house he owns? Oh?
No, I mean no, helives at another house. He lives in
another place here in the la.Okay, So I still don't understand where
elder abuse is here. He's theonly sibling who's left out of the who
has to pay rent, and hewants his money. It doesn't matter.
That is not elder abuse, noteven a little bit. I guess.
(06:15):
Yeah, I frustrated. Yeah hegot Yeah, but certainly certainly not.
No, in no ways that elderabuse. Ron. Hi, Ron,
welcome, Hey Bill, thanks fortaking my call real quick. I'm a
fifty eight year old male. Ilive in Steel Beach. I don't have
much. I'm I got a simpledeal here. I got a half million
(06:38):
dollar condo and a four to onek to leave to leave to my daughter
should something happen. I got aliving trust done for about fifteen hundred dollars
from a guy right here down thestreet. And I'm so confused with the
living trust, the revocable trust,the wills. You know, Bill,
did I get the right one toavoid tolbate? Well, if it's a
living trust, there's no probate.You're done. Okay, Okay. If
(06:59):
the condo is placed into the trustand your daughter is a beneficiary, which
is, by the way, theway to do it, because she's not
gonna have to pay tax on it, that's the way to do it.
Absolutely perfectly. You did it right. And as far as the four oh
one K plan, you simply leaveher as a beneficiary. Okay. So
I don't know if I included thator not. It's been a while.
(07:19):
That's easy. No, no,no, no, that's easy. Just
call it the call the administrator ofthe four to one K plan and yeah,
no, no, no, no, no, no, no.
It's up to her to show youyour death certificate. Oh yeah, yeah,
just call the administrator. Yeah,just call the administrator, say I
want to I want her to bethe beneficiary. Because if the law says
you have to show your death certificateafter you die, that gets a little
(07:43):
problematic. It's not easy for deathpeople to show their death certificates. It
is easier for your daughter to showyour death certificate. You did everything right,
You're in You're in fine shape.Derek. All right you Hello,
Derek, Welcome to the show.Hi. I inherited a small piece of
(08:03):
commercial property. It's a rental property, and people are telling me I should
put it in an LLC and nothave it in my name. And I'm
wondering if that's I had somebody elsesay, oh, just get a lot
of insurance. But yeah, that'swhat I think. I mean, that's
why you put it in an LLC, and that's a separate entity and you
(08:24):
get to file a tax return forthe LLC and you pay a minimum of
eight hundred bucks a year just forthe joys of having an LLC. Now,
what is the LLC? How doesit protect you? That means if
anybody sues the LLC, someone slipand fall, et cetera, it sues
the owner of the property, forexample, your house, which you own.
(08:46):
Theoretically you get sued if you ownthe house, and if it's in
a trust, the trust gets sued, although if it's a revocable trust it
really doesn't matter. LLC does protectyou to the extent that the only liability
is the value of the LLC,which in this case is the property.
Now I'm a big fan of insurance. In anyway, I have my house
(09:09):
and a trust. It's not arevocable trust, irrevocable trust. So basically
I'm liable anyway. Uh. AndI've had Uh, I mean business one
of my partner though that business isan LLC only because it's a business business
and we don't want to be generalpartners. So the answer is either way
it works, and it really doesn'tmatter. So I know you don't answer
(09:33):
accounting questions, but I'm asking youfor one. Anyway, if I change,
if I put it into an LLC, now I don't own it,
the LLC owns it. Does thatmean because I inherited this under like the
yeah yet it yeah? No,I say you inherited. And that's that's
an accounting question, because then youhave a sub Chapter S corporation that you
(09:54):
can file, or it's a corporationthat you elect a sub Chapter SUH provision
in it where the taxes fly straightout of the taxes or the income goes
straight to you. That's an accountantquestion. Uh. You know, my
issue is just legal and legal protectionand I've done both. Uh, Gina,
(10:16):
Hi, Gena, Hi, howare you? Yes, ma'am?
What can I do for you?Yes, I'm an idiot. Would you
have help me several times? Okay? Last one being okay, anyway,
put it all together. I wasonce forty jail nine days because I didn't
file charges of them being beat.I've been Okay, hold on, hold
on, you didn't file charges foryou being beat and that you were put
(10:41):
in jail for that? Yeah,that's what property and love story short I've
been in where the police have beatme up so bad and long story.
Last one was I was held Ilike, you gave me an elevator ride,
you know the downtown skin roll apartmentokay or whatever, and they said
I was half a million. Ilike, you know what. I just
(11:03):
was like everything tied all together becauseI've been through what they call the gool
squad and you don't mind somebody andI see it. I've been attacked down
town. I've called the police andthey were putting a hole for half an
hour. I fear later here latera couple of days, three girls got
killed. Okay, I'm like,I'm just like I would like to tie
it all together some kind of waysand do what what do you what do
(11:26):
you want to do? And allyet well by friend of mine associate,
he got eight hundred thousand dollars beingexlerated from the rampart scandal. Okay,
is there any way to put everythingtogether? What you want? Yeah?
It's the old Uh yeah, it'sthe old case where you go in an
elevator, you're beat up, you'reput into jail because you didn't file a
(11:48):
police report after you. Uh yeah, yeah, yeah, I beat that.
I beat that in the same facilityand skid row. Uh yeah,
that's the last year you told meto call I did you'd be elevator to
be out a rule? A?You shaid call the lawyer tomorrow. I
say you should have much There wasn'thalf a million. I would like to
(12:09):
just put everything all. Yeah,by the way, did you call Did
you call the lawyer? Because no, idea I told you. I told
you to call the lawyer on handleon the law dot com only because there
is a specific lawyer that I'm havinga little bit of trouble with. He
and I are really not getting along, and so I'm giving him your phone
(12:33):
call. Uh. The answer isI don't know, Gina, because you've
got a lot of moving pieces here. Uh, you know, attacked,
assaulted, arrested for not filing theassault charges, elevator being attacked, three
people dying in that same building.And yeah, it's really complicated. So
go back and call the lawyers,and lawyer, will I guarantee you one
(12:56):
of my lawyers will pick it up. Yes, yes, By the way,
I actually do remember that phone call. All right, holiday season is
here, and so you're sitting atdinner and let's say you get a bad
breath, or you do anyway,so what do you do about bad breathing
and you really care about that?Well, I'm going to suggest that you
(13:16):
purchase Zelman's minty mouth mints. Andit's way beyond a breath mint. It's
a breath freshener that you swallow.I mean it, it helps you cough.
It's a functional breath fresher that youdo swallow. Garlic onion, smoker's
breath deals with all of that.You pop two or three in your mouth,
(13:39):
in your mouth, you suck upthat mint and you have breath the
last for hours. You also swallowit when you're done, and you can
bite right into it, and whatit does just doesn't cover up your breath.
It really cleans your breath. Andit happens not only your mouth but
in your gut. So it's forhours and hours of good breath. And
I use Zelmens all the time.I love them, and this year I'm
(14:03):
even using these little packets of Zelmensfor stocking stuffers. I mean they're that
neat and the product is that good. Zelmans gives you a money back guarantee,
not that you're ever gonna use it, free shipping on packages of three
or more, and believe me,you're gonna want three or more. And
I've known the folks behind Zelman's forover thirty years and I know they're the
real deal. So go to Zelman'sdot com z e l mns Zellmans dot
(14:30):
com. You get fifteen percent offwhen you use the code handle fifteen and
use that code handle fifteen zelmans dotcom. The code is handle fifteen.
Here we go, Lou, Hi, Lou, welcome. Oh hey Bill,
I've got a question for you.My wife and I belong to a
(14:52):
sort of like a hell spot.They do facials, massage and saunas and
it's forty nine dollars a month,you get and on one of those free
items every month as long as youdo auto pay and you're on contract.
The problem is, we've been withthem for about eight years. We accumulated
(15:13):
about twelve of those benefits, andnow the company was bought out and they've
raised the rate to seventy nine dollarsinstead of forty nine. And we're like,
no, we don't want to payseventy nine. We're on contract for
forty nine. But nowhere in thecontract does it say they can raise the
(15:33):
rate if the company gets bought out. What's your thoughts, Oh, well,
hold on a minute. Nowhere tosay you can't raise the rate.
There's probably some language in there thatsays we can raise the rate without notice.
We can change the price without notice, because the other argument, if
not, then you're going to beat forty nine dollars for the rest of
your life, even when everybody elsepays fours because of inflation. So that
(15:58):
doesn't fly. Because the company boughtit out doesn't mean that it changes anything.
But they can raise the rates.Nothing changes. If there isn't any
language one way or the other.They could raise the rates and all you
have is a contract, But howlong does its contract go for? Does
it say because it tells you agiven period of time, So I'm assuming
(16:22):
it's it's one of those if youdon't pay and you're no longer in good
fake, then they cancel. No, no, no, that that's a
given. You can even if youhave a one year contract or five year
contract, you don't pay, it'sover. But is there a specified period
of time when you first sign thecontract? Did it say forever? Did
it say't said anything yet? Yeah, but they don't. But they don't,
(16:47):
all right, so your argument isgoing to be when you sue them
your honor because they haven't said anything, this contract should last forever. You
see, if I'm thinking I wouldlike to cancel, but I don't want
to lose the thirteen, well you'reprobably going to Yeah, you're probably going
to okay, yeah, and youcan sue them for the value of that,
(17:08):
and you can, and you maywin because you've accrued it, unless
there's something in the contract that saysyou didn't accrue it, you know,
use it or lose it kind ofthing, and then you're going to argue
that. But if there's no writtenagreement of any kind. There's no contract,
so you're kind of out of luck, and you're probably fat out of
shape too, so at all worksout. Joe, Hello, Joe,
(17:30):
Welcome. Hi. I was recentlyinvolved in a traffic accident that the other
party's insurance denied my claim and Iwant to take them to small claim's court.
And I don't know should I assuethe party or should I sue the
insurance company who hit you? Theinsurance company or the driver of the other
(17:51):
car. The driver of the car. Yeah, so you probably have to
hit the person that hit you asopposed to the insurance company, because the
way insurance worked is the driver isinsured as to what he or she does,
so you definitely sue the driver.That's how it works. People will
always get that wrong. And ifthey say no, it's not our fault,
(18:15):
we don't want to pay insurance coinof or it's not our insurance fault
and they just want to pay,okay, then you sue the guy and
you assume a small claim scort.And how do you how do you ascertain
that he's at fault? Well,I mean I explained to my insurance company,
which I have no collision on mycar, so it's an older car.
(18:37):
No, I understand, but howyou know? Okay, you explain
that you have no insurance. Okay, so your insurance company is out of
the picture, so all you haveis the other driver. How is it
that that driver is at fault?Explain to me the accident a little bit.
There was a lady park behind amail carrier truck on the street.
It wasn't on the curve in themiddle street, it was just kind of
(19:02):
halfway in between. I went,she was part behind him. I went
to pass them on the center ofthe street. At that point she pulled
out and my right front fender hither. Okay, yeah, okay,
I got it. So h yougo past them, someone that's parked on
the street basically clips You goes rightinto your lane and you go ahead and
(19:26):
you clip the driver, right,You clipped the car. Yeah. It
sure sounds to me like there's noliability on your part. I don't know.
I don't know why the insurance companyof the driver is saying no thank
you. I mean, he obviouslytold some kind of a story you pulled
in front of him or whatever,But all things being equal, I don't
know how the insurance company said noto you, because I don't think that
(19:51):
you're liabel in any way, orthe other driver is not liable. I
do think so. By the way, we do have some lines open,
you know, for some reason,for the first time in three hours,
we have lines open. Eight hundredfive two zero one five three four.
Eight hundred five to two zero onefive three four. You know, rarely
do I run out of calls.I still have a few here, but
(20:15):
this has been a weird day forphone calls. Jammed at the beginning eight
hundred five to two zero one fivethree four, and you will get right
in Ronda. Hello, Ronda,welcome to handle on the law. Hi.
Yeah, my daughter has a beneficiarything from the teachers union, but
(20:37):
they won't give it to her untilshe has a death certificate. And she's
playing ac double hockey stick to getthat death certificate. Ye, it's wait
a sec hold on, hold on. Is the person who's dead completely dead?
Completely? Okay, So we havesomeone who's completely dead. Next question
(20:59):
is how is it that she can'tget hold of the death certificate when it
has to be filed and it's arecord, it's an open record with the
Recorder's office that anybody on the planetcan get you just ask for it.
So I don't get this panel countyis making her prove that she is his
(21:19):
niece, even though she says,wait a second, that doesn't make any
sense because anybody can pull a deathcertificate. That is weird. So you're
telling me, let's say there's alawyer who's handling probate for somebody or whatever,
no death certificate, can't get itbecause not related to the person who's
(21:40):
dead the deceased makes no sense.RHNDA, that a county is holding off
and will not give out or willnot release a death certificate or a copy
of it because she can't prove thatshe's the niece. I mean, that's
just insanity. So something's wrong there. You got to talk to the county
recorder because something makes absolutely no sense, and there's no way I can help
(22:02):
you because it makes no sense.I mean, what do you do?
The Martians have just invaded. Whatdo you want me to do about that?
Very strange, Bill, you gotan interesting one. Welcome to handle
on the law, Yo, BillJeffer. Back to nineteen eighty one or
(22:22):
eighty two, I got two DUIsin South Dakota. They were only about
six weeks apart. So I justleft the state never went back. Now
I want to get a concealed carrypermit and I know they'll run a background
check on me. Will that popup? And can I still get in
trouble for those? Yeah? Well, one thing is you can't lie.
(22:48):
But they ask you have you everbeen convicted? They don't ask you anything
else. And you have never beenconvicted? Bill? And is there a
warrant? You know? I don'tthink going back, geez, forty years
or forty two years is going tobe a problem. I don't think they
go that far back. But youhave to look at the application and just
(23:11):
don't lie on it. But Ithink it is a conviction. So you
say no, I've never been convicted. And the worst that happens they say
no to you. You know.Yeah, then you have to buy a
gun like in the park from somesleezeball that the gun was using a murder
and they're not handing it to you. Does that a work all right?
That answers that question for sure.Hello, Rick, welcome to handle on
(23:37):
the law. Hi, Bill.So I got a judgment with a criminal
court with my contractor who practiced withouta license, it's thirty five thousand dollars
to pay in restitutions or can fixthe mess that they made? So can
this person hide assets the bankruptcy?Well, no you can't. You're not
(23:59):
gonna go No, you're not goingto be able to go bankrupt on a
restitution order. That doesn't fly.You're still going to owe the money,
but you got to track it down. Uh, that's the problem. Usually
restitution unless they're willing to pay,very very difficult, because where are they
going to get the money? Yeah? Uh No, they don't go to
(24:19):
jail for not paying. No,No, it's too just restitution. Usually
restitution uh falls on the person whouh is forced to pay restitution that wants
to pay restitution to clean up arecord. But if they have no intention,
they don't have any money. You'reyou're just out to lunch. Uh.
And that's so pleasant, isn't it. Yeah? Yeah, it's a
(24:41):
lot of fun, isn't it?Oh? Edith? Hello, Etith?
Hi, Hi Bill. I havea question. My two siblings and myself
are in my parents leaving trust oncethey pass. How does that work that?
Do we all have to be inagreement to sell the house? No,
No, it depends on how it'sand UH, that is it just
(25:03):
goes it just goes to Usually thetrusts are written to that the property.
Uh. If someone dies, itgoes to the other two or three,
or if someone dies it goes totheir children. It doesn't change anything about
forcing the sale of the house.Anybody who owns the house can can force
the sale. Now, usually whata judge will do is allow worse comes
(25:30):
to worse, allow an appraisal,and give the person who wants to sell
the house the ability to to getpaid by the other people, and they
figure out something. Usually there's veryheavy, very heavy mediation in those Uh.
In those cases, very rarely dopartitions go right to trial because a
judge they just don't want to dealwith it, and they really force the
(25:52):
issue. And if there's any wayif someone buying out the other one,
they do. But it doesn't reallymatter. It's you know, whether someone
dies or not. There's other peoplewho are on the trust uh and get
the property through their parents or asibling sibling gets the product gets the house
because the other one died. That'sjust the way it's written. But no,
it doesn't change the partition part ofit. Two separate things. You
(26:18):
have a house, yeah, yes, yes, my parents own a house
and once you know, my twobrothers still live there. So I'm thinking
down the line when my parents passedthere, you know that's going to be
an issue. Yeah. So Iwas just wondering if they don't want to
sell it, it's gonna be anissue. Yeah, and you guys get
to work it out for sure.Uh, Janet, Hello Janet, Hi.
(26:44):
Yes, So I file the claimagainst the County of San Bernardino after
the snow the blizzard in San BernardinoMountains, specifically a lake arrowhead and the
snowplow had come up over the easementwhich is five feet and I have a
half an acre, and the snowplouddriver just plowed my split reel fans all
(27:07):
the way around. So I filedthe claim for what I paid, which
was ten thousand, four hundred andforty eight dollars, sent all the photographs.
Then I got a letter back fromthe San Bernardino County denying the claim,
saying that data loss was February twentysix, twenty twenty three, and
they said also that an emergency wasdeclared on Okay twenty seven, got it?
(27:33):
So you make a claim and itwas denied yes, mm and it
was over six months no when itwas denied. Okay, Okay. There's
a rule that says if you're goingto sue a public entity then in this
California you have to within six monthsfile a claim. And you filed that
(27:56):
claim within six months, correct,and they just denied it later? Yes,
okay, you're fine. Okay.So they deny it, you appeal
it. That's it. You appealit and if they say no, you
take them to court and you gohere it is. And does it matter
that they declare an emergency? Nowwe look at state law. Is there
an exemption? Yeah, I don'tknow if there is an exception, and
(28:19):
during the course of an emergency there'ssome kind of immunity while they're trying to
save everybody's life, there may bean exception if there isn't assue them.
And yeah, if there's no issueof liability, I mean you should be
okay in terms of liability. Butfor an emergency of which they're going to
claim and there may be nothing thereto claim, so you got to appeal
(28:41):
it all the way. As theother rule, you have to appeal it
all the way up do you thinkit matters that the emergency was declared the
day after the damage. Oh yeah, that matters a lot. Oh yeah,
because it wasn't during the course ofan emergency. Right, yeah,
all right for it. Hey,before we're out of here, I want
(29:03):
to tell you about how much youhurt. If you live in chronic pain,
you know you hurt a lot andit goes on basically forever. And
so I'm going to tell you abouta podcast, the Pain Game Podcast,
and it is for and about peoplewho live in chronic pain and trauma.
And if you happened a loved oneor you're doing this, man, I
(29:25):
know how much you hurt because Iwell, let me put it. The
host of the Pain Game podcast,I know, and I know how valuable
this is. It's a show aboutliving in and with chronic pain and trauma.
It's funny, it's sad, itteaches, it inspires sometimes half depraved.
And it's not about whining either.Oh I heard I hurt. No,
(29:45):
it's about shifting your mindset set whenlife and you hurt. Lindsey Soprano
the show. The show's host hasto live with chronic pain twenty four to
seven four years she knows what she'stalking about, and she's there to help
people. And boy, I knowhow valuable this show is because I know
Lindsey. The show is raw,real, but every episode ends with a
(30:07):
message of hope, and you'll understandthat the show is really about giving pain
purpose. So go to the PainGame podcast. Wherever podcasts are heard,
the Pain Game podcasts. Also,I want to remind you that for those
of you that are on hold,stay put. I am going to continue
with phone calls and you can evencall in after I lock out, because
(30:32):
I'll be taking phone calls for Idon't know, forty forty five minutes and
I go through them very quickly asyou can imagine. No breaks, no
news, no commercial nothing, justphone calls. And the number is eight
hundred five two zero one five tothree four. Eight hundred five two zero
one five to three four. Thisis handle on the Law
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