Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f.
Speaker 2 (00:08):
This is Handle on the Law Marginal.
Speaker 1 (00:11):
Legal Advice where I tell you you have absolutely no case.
If you're injured and need a lawyer, go to handle
on the law dot Com. And if you're a lawyer
and want to join our team because people desperately need
your help, go to handle on the Law dot Com
and click on the Joint Today tab at the top
of the page.
Speaker 2 (00:28):
The followings up pre recorded program. Now this may be
a case.
Speaker 1 (00:33):
There's an airline, one of the best airlines out there,
Cutter Airways, and these countries in the Mideast that have
these airlines do a phenomenal job. I mean they're for
the most part stayed owned and they just go balls
to the wall. So you have an Australian couple who
is flying on Cutter Airways and they're going to Venice
(00:56):
on their dream, their dream trip of their lifetime. There
about ten hours into the flight from Melbourne, Australia and
going to Doha Cutter where they would then switch planes
and go into Venice. Now what happened on the flight, Well,
a woman dies just dies. A big woman, a very
(01:21):
big woman, is near the lavatory and collapses and dies
right near their seats, their row, Mitchell Ring and Jennifer Colman.
And here's what happened. Unfortunately, the lady couldn't be saved.
And it was a bright, heartbreaking story to watch. This
(01:43):
is what Ring told a new station that cover this story. Man,
what a story. So they tried to wheel her towards
business class, but they couldn't get her through the aisle,
so they kept her in the aisle and put this
very large lady next to these two. The flight crew
asked Ring to move seats, move over and put the
(02:07):
dead passenger in his former seat. The couple said they
were not offered to relocate seats, but by the way,
there were empty seats, they're saying, And for the last
four hours of the flight they were in the same
row with a dead passenger, basically your four hundred and
fifty pound I had no idea what or weight was
(02:27):
dead passenger. And they were told to stay seated upon
landing because medical crews showed up to remove the body
and did it with a great deal of difficulty, Like
this woman had a great deal of difficulty getting onto
the plane, and so as everybody else disembarks, they're still
there in their seats.
Speaker 2 (02:50):
Waiting for this dead body to be moved.
Speaker 1 (02:52):
Cut Her Airways in an email statement, and of course
this is corporate talk, said, first and foremost, our thoughts
are with the family of the passenger who sadly passed
away on board our flight. We apologize for any inconvenience
or distress this incident may have caused, and are in
the process of contacting passengers in line with our policies
(03:15):
and procedures. Now, the question is do they have a case.
I don't know if I'm a lawyer, which some people
actually accuse me of being. And this couple walks into
my door and said they forced me to sit next
to a dead lady for four hours, wouldn't let me
out of my seat, and I had to stay there.
Speaker 2 (03:36):
We had to stay there until they carted off. This body.
Speaker 1 (03:39):
Really inconvenient and maybe a little bit emotionally distracting as
well as a real emotional issue going on. Yeah, a
lot of distress there, and that's a lawsuit for emotional distress.
Speaker 2 (03:55):
However, where do they sue?
Speaker 1 (03:59):
And there's doing Cutter Airline, and do they have to
do it in Dubai.
Speaker 2 (04:04):
Who the hell knows if.
Speaker 1 (04:05):
We're here in this country. Oh man, you see checks
being written like crazy over there.
Speaker 2 (04:11):
I don't know. Let's take some phone calls. Alex, Hey, Alex,
welcome to handle on the law. Hey Belle, are you yes, sir?
Speaker 3 (04:20):
The question is, thirty years ago conviction was expunged by
the cords and sometimes we're mentioning that this could also
you can appeal for a seal or destruction of records.
Is there such a thing?
Speaker 1 (04:37):
No, because if it was, if it was expunged, then
it sort of disappears. And I don't think it hurts
to go and ask for it to be sealed, but
it's if it's.
Speaker 2 (04:46):
Expunged, it doesn't exist anymore.
Speaker 1 (04:49):
So are you going to be asking for to seal
a procedure of which it has been determined doesn't it
didn't happen. So yeah, So the problem is is that
there really isn't anything as a true expungement.
Speaker 2 (05:04):
Joel, Hi, Joel welcome.
Speaker 4 (05:07):
Hi, good morning Bill.
Speaker 2 (05:08):
Yes.
Speaker 5 (05:08):
So, so that's the question that I asked for you,
is that I was involved in a car act. Basically,
it's a road ridge incident that resulted in a car
accident where the other guy hit my vehicle with his vehicle.
The cups were called, they reported it as a car accident,
and he told me to go through his insurance and
get my car fixed. So I've made a claim. But
(05:29):
now his insurance is being very delayed on this situation,
and they're still saying that it was it's my fault,
even though the police recourse.
Speaker 2 (05:39):
All right, so let me ask you that you were
Were you injured, Joel?
Speaker 6 (05:43):
No?
Speaker 2 (05:43):
Okay, So you're doing it on your own. Okay, here's
your choice.
Speaker 1 (05:46):
If the insurance company doesn't want to deal with it,
you file a lawsuit against him.
Speaker 2 (05:49):
That's all you can do.
Speaker 1 (05:51):
His insurance company doesn't have a duty to write a
check to you. His insurance company say we believe our guy.
We think it's your fault, Joel, and you say, I've
got the proof. Let me send you the video. And
if it turns out that they you have it, they
you've showed it to them and they're still willing to
(06:12):
not go ahead with some kind of settlement, then he's
got a problem with them, or they have a problem
with him because you're suing him and they insisted on
fighting it even when there is proof, as opposed to
settling it.
Speaker 2 (06:27):
Okay, so how much damage to the car is there, Joel?
Speaker 5 (06:30):
So the estimate was almost five thousand dollars.
Speaker 2 (06:33):
Yeah, it's a small Yeah, I just tell the insurance company.
Speaker 1 (06:36):
Listen, you know, here's I have the proof, I have
the police report, he's at fault. Do you want to
settle and repair this or not? And if they say no,
you got a couple of choices. First of all, I
call your insurance company and see if they're willing to
go lead the chase on this one, because white off
the insurance companies do that your own and then they
go after the bad guys, bad guys being the liable ones.
(06:58):
Or you just file lawsuits small and say, hey, your
insurance company won't do it, so I'm suing you. You
can take a ticket to court and argue that it's
not your fault. And by the way, you're going to
ask for a lot more than this five thousand dollars.
You get a lot of bids out there and tell
the judge, no, it's going to cost eight thousand. All right, Okay, Yeah,
you can't force an insurance company to sell Joe.
Speaker 2 (07:19):
You can't.
Speaker 1 (07:21):
Now, it's unusual if you have the video and he
say I've got the proof and they go, we don't care.
Speaker 2 (07:26):
Something's going on. That doesn't make a lot of sense. D.
Speaker 7 (07:30):
My question is is an inheritance taxable?
Speaker 2 (07:33):
No? No, not at all.
Speaker 1 (07:36):
Well not up to several million dollars whatever it is,
but no inheritance.
Speaker 7 (07:40):
Yeah, that's not a problem.
Speaker 1 (07:41):
Yeah, inheritance is. No, it's not taxable. It is not
considered income. It's considered an inheritance.
Speaker 2 (07:47):
Joe, let's go to you welcome.
Speaker 4 (07:49):
Basically, we have a house.
Speaker 8 (07:52):
You advise me to tell my sisters send me a
copy of the trust, which he didn't do. And what
I want to do is my obsessive compulsive disorder brother
came to live with me and I need to get
out of here. How do I tap into the trust?
Do I get a loan on it?
Speaker 2 (08:08):
You can't. You can't. No, you can't. If she's the trustee,
you can't do a damn thing. Really, yeah, she's a trustee.
You don't own the house. The trust owns the house.
Speaker 1 (08:21):
How do you get how do you get a loan
on a property you don't own?
Speaker 9 (08:26):
So?
Speaker 4 (08:26):
What do I do to get away?
Speaker 8 (08:27):
From my obsessive compulsive disorder on this million dollar house.
Speaker 2 (08:31):
Well, I will hold on. Your sister is the trustee.
Who are the beneficiaries? You and your brother, Me and
my brother? Okay, well neither one of you own the house. Okay,
she's the only one that has the power.
Speaker 1 (08:44):
And now if you think there's wrongdoing, you could probably get.
Speaker 2 (08:47):
A copy of the trust, although I don't know if she.
Speaker 1 (08:51):
Is forced to give you a copy because you have
no interest in that property until the trust door.
Speaker 2 (09:00):
The person who made the trust we put the money in.
I assume that your parents, right, yeah, they're they're gone.
Speaker 1 (09:06):
In Oh okay, so now all right, So now the
trust is active and your sister as a trustee is
not doing much.
Speaker 2 (09:14):
How long has it been since your parents died?
Speaker 8 (09:18):
About two and a half years.
Speaker 2 (09:19):
Okay, it is time to get a trust, a trust
and a state lawyer. Oh yeah, so okay.
Speaker 8 (09:24):
So I got to get a lawyer.
Speaker 2 (09:25):
You got to get a lawyer. But because you got
to get a lawyer, because you know why, you can
do it? Ye buy me.
Speaker 8 (09:30):
You advise me to send her a copy of the
penal code, and she still won't send me.
Speaker 1 (09:34):
All right, we'll get a lawyer. You know, well, then
if she's not, if she's not acting appropriately, then there
is the possibility of embezzlement. That she did something with
the trust, did something with a property that's against the
terms of the trust, maybe something criminal.
Speaker 2 (09:52):
Get a trust in a state lawyer.
Speaker 8 (09:54):
Absolutely, trusty this sorry, so I think she took that.
Speaker 2 (09:58):
There was forty find out. You're going to find out.
What did I say? Four times?
Speaker 4 (10:02):
Now?
Speaker 2 (10:03):
Get a trust and a state lawyer. This is handle
on the law.
Speaker 4 (10:08):
Okay, back we go.
Speaker 2 (10:10):
This is pandle on the law, marginal legal and.
Speaker 1 (10:15):
I get It's kind of all right, Ben, uh yeah,
let's go for you, all right, Ben?
Speaker 2 (10:23):
Yeah, Ben, Yeah, Yeah, you're there.
Speaker 4 (10:28):
Yeah. My name is Bell and your name is Bill.
Speaker 8 (10:32):
Oh Bell.
Speaker 1 (10:33):
Oh, I'm sorry Bell, not Ben. My fault, my fault,
My bad Bell. By the way, well you know Bell.
Speaker 4 (10:43):
Jeez.
Speaker 1 (10:44):
Okay, that's interesting. I've heard that before with a male.
But all right, let's just ask the question. I'm sort
of spinning here thinking of movies.
Speaker 10 (10:54):
Oh ahead, Okay, I won judgment again, is in my
management for not paying my security's deposits after I filed.
I got the judgment and they do not pay me.
For thirty days. After thirty days, I applied that he
attends the court small court to show his asset, how
(11:17):
much bank.
Speaker 2 (11:17):
I have judgment, judgment credit credit or examination? Yes?
Speaker 10 (11:23):
Sure? My two question first one is if he did
not attend, what would be happened? Second, if he attend
and shure if you accuse you doesn't have money, but
he had an owners his own owner.
Speaker 1 (11:36):
But that doesn't matter. If it doesn't matter if you
own a business. If there's no money, there's no money.
It doesn't matter if you own what if I have
What if I have a business that is going bankrupt
and I'm still the owner of the business.
Speaker 2 (11:48):
Do I owe you money?
Speaker 9 (11:49):
No?
Speaker 2 (11:50):
Well I do owe it to you, but you're not
going to get it, all right, So.
Speaker 1 (11:53):
He didn't show up for the examination, which he should.
So now you go to court and you get a
court order ordering him to do it, and if he
doesn't do it, you've got to contempt.
Speaker 2 (12:04):
But does the guy have money? Do you know? Bill?
Speaker 10 (12:08):
Yeah, I know he have a large management company.
Speaker 2 (12:11):
It could be okay.
Speaker 1 (12:13):
So what you do is did you sue him or
did you sue him in the or the company or
the company and not him who did you sue both?
Speaker 10 (12:22):
I just both, okay?
Speaker 2 (12:24):
And you did you get a judgment on both? Ye? Okay,
Well good for you.
Speaker 1 (12:29):
So now you can go after personal assets and anything
the corporation owns. So since he won't give you the
information and he failed to show up at that examination, U,
first of all, you can do your own research on
it because you have a judgment. You can attach anything
that the corporation owns or he owns, because you have
the judgment on both.
Speaker 2 (12:48):
And that's where I would.
Speaker 1 (12:49):
Go is I would just uh, I would just look
for assets.
Speaker 10 (12:55):
Yeah, if he's to submit.
Speaker 2 (12:58):
That the no, I understand, yes he was and he didn't.
Speaker 10 (13:02):
Uh huh.
Speaker 1 (13:03):
So I'm telling you the easiest way because you go
to court and you a contempt order is issued, he
ignores that. The judge doesn't do anything until the second,
third fourth contempt order and it doesn't do anything, and
he's ordered to change to turnover assets.
Speaker 2 (13:18):
He ignores that. So what I'm suggesting you to you.
Speaker 1 (13:21):
Is you find out on your own where those assets are.
You hire someone sort of a private investigator kind of person,
although they do everything on the internet now, and you
find out where there are those assets are and you
attach those assets, you take those assets pursuing to your
your judgment.
Speaker 2 (13:41):
That's what you do. That's how you do it. Oh okay, Ian.
Speaker 4 (13:49):
Hello, Ian, Hey, Bill, thank you for taking my call.
Speaker 10 (13:53):
I want to have five kids as low cost as
possible and probably sons, and that means.
Speaker 7 (13:58):
Surracusy, So forget about divorces, ernie, alimony, et cetera.
Speaker 10 (14:01):
Right, where are the lowest cost places in the world
to do that securely? I thank you the air.
Speaker 2 (14:06):
Now you I can take my answer off the air.
Speaker 1 (14:08):
And I and I did surrogacy for so many years,
and I'm not going to start giving people recommendations. I
am out of the surrogacy business, have been for about
five years and things have changed so dramatically. Now it's
all big corporations that own it. Consolidation. I mean, I
had a small agency and it was bought by a massive,
(14:31):
major corporation and that's what's going on.
Speaker 2 (14:34):
So I'm not going about to give recommendations. But thanks
for the call. Richard, Hi, Richard welcome. Hello. Yes, what
can I do for you?
Speaker 4 (14:48):
Mister handle We got a my daughter got a notice
of termination of tendency due to withdraw property from the
rental market.
Speaker 2 (14:57):
Mm hmm.
Speaker 4 (14:57):
And this is a property subject to a BE fourteen
eighty two, yeah, which.
Speaker 2 (15:02):
I have no idea what that is.
Speaker 1 (15:03):
But okay, So so she's she basically had a notice
to leave, right, watch out because.
Speaker 2 (15:11):
They're removing the property from the rental market. Yeah, okay, okay,
And what's your question.
Speaker 4 (15:20):
It's one of the one we have. Sixty is a well,
if he has the right to.
Speaker 2 (15:24):
Do it, Yeah, you're out in sixty days. I'm assuming
do you have a lease or is it an is
it a month to month.
Speaker 4 (15:29):
Tennessee, Yes, it's a month to month.
Speaker 2 (15:32):
Okay, so you have no lease effectively? All right? Where
is that? Where's property located in Colton, California? All right?
Colton I don't think has rent control?
Speaker 1 (15:43):
So yeah, yeah, the answer is that if they're removing
with no rent control, if they're removing the.
Speaker 2 (15:52):
Property from the market, or actually with no reason, they
can toss her out.
Speaker 1 (15:59):
So yeah, yeah, chowd baby, sixty days you're gone, Yes,
you're finished.
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Speaker 2 (17:38):
This is Handle on the Law. You're listening to bill
handle on demand from KF I am six forty.
Speaker 1 (17:49):
Handle on the Law marginal legal advice. Brandon Yo, Brandon. Yeah,
I have a son in law name Brandon. Just to
let you know, I particularly hate your name. Okay, what
can I do for you?
Speaker 4 (18:05):
Hey, So I have a question. Are you able to
hear me? Good?
Speaker 2 (18:08):
Yeah, perfectly, Okay.
Speaker 4 (18:10):
Thank you. So me and my wife been separated for
about a year now. I opened up a business. I'm
about to file for a divorce. But I opened up
a business many months, maybe about six months after separation.
Does not come in. Well, I've asked an attorney and
a pair of Leegal and they said that she had
no right over that because it's been so long. I
(18:33):
don't live.
Speaker 2 (18:33):
Yeah, it's a little more complicated than that.
Speaker 1 (18:35):
First of all, asking a pair of Leegal that paral
Leegal was not allowed to give you legal advice.
Speaker 2 (18:40):
So if a pair of legal is.
Speaker 1 (18:41):
Telling you what to do legally, that pair of legal
is violating the law. So the attorney says, you have
nothing to worry about because you opened a business months
after you separated.
Speaker 4 (18:52):
And it's a it's a put under the s corporation.
Speaker 2 (18:54):
That doesn't matter.
Speaker 1 (18:55):
That none of that matters. Here's what does matter. The
money that you use to open in the business. Where
did you get that?
Speaker 4 (19:04):
I was I got hurt at work and I wasn't employed,
so I used that money.
Speaker 1 (19:07):
Okay, So you got heard of work and you receive money,
and you know, I don't even know if that's community
property or not community assets. You know, I don't if
it is considered if it is considered uh community, if
it is considered income. And I don't know the answer
because this is money you received in lieu of work.
Speaker 2 (19:25):
I don't know if it's workers competent that.
Speaker 4 (19:29):
Yeah.
Speaker 2 (19:32):
Oh wow, okay, well okay donate.
Speaker 1 (19:34):
Wow, someone ran a go fund me campaign for you.
Speaker 4 (19:38):
No, no, no, So it's a it's a community gym,
you know, and we're train into a nonprofit and most of.
Speaker 2 (19:43):
And most of the money was a donation that was
given to you.
Speaker 4 (19:46):
Yes.
Speaker 2 (19:46):
Wow.
Speaker 4 (19:47):
Sure, I went up to businesses and I went up
to be good for you.
Speaker 2 (19:51):
All right, good for you.
Speaker 1 (19:52):
So I'm going to assume that it's private, that it's
separate property. Well, uh, probably if it is your separate money.
And I don't know if it is, based on what
I just said, whether it's community money or not, but
assuming that it is, it probably is yours except while
(20:14):
you are divorced.
Speaker 2 (20:15):
And I just found this out.
Speaker 1 (20:17):
If you are still married, separated or not, this is
under California law you have to give the community the
opportunity to have gone into business. In other words, if
you're still married and even with separate money, you must
give or you should give your wife who is still
(20:38):
your wife, separated or not, the opportunity to invest that
in that business.
Speaker 2 (20:43):
That's my understanding because I'm just finding this out, and.
Speaker 1 (20:47):
So you know, it's a little bit more complicated because
now there may be a legitimate, legitimate call for.
Speaker 2 (20:56):
This is the business successful at all.
Speaker 4 (21:00):
We just opened up for?
Speaker 9 (21:01):
No?
Speaker 4 (21:01):
Not yet?
Speaker 2 (21:02):
All right, Well, yeah, I mean she sort of has
to make the claim. Now you're probably okay.
Speaker 1 (21:08):
You're probably okay because separate property and the way you
describe it, it is separate. For example, income after separation
is your property.
Speaker 2 (21:17):
It's your separate property.
Speaker 1 (21:19):
As far as money that is community and I just
explained how it could be, then it belongs to both
of you.
Speaker 2 (21:25):
So again, you know, what do you do? You kill her?
You know that's the bottom line, you know it just
just you know, I make it so easy for everybody.
I make it so easy. Christine. Hi, Christine, good morning.
Speaker 7 (21:39):
I'm offering my guest bedroom and bathroom to a couple
who lost their home in the palisade.
Speaker 2 (21:44):
Wow. Good for you, Good, good for you, Christine.
Speaker 7 (21:49):
I don't know them. They are colleagues of a friend
who I trust implicitly. I just want to know what
I need to do, if anything, to protect myself as
far as maybe home on insurance or I don't wonder
if you.
Speaker 1 (22:02):
If you have homeowners insurance, you've protected yourself. Okay, Okay,
that's basically how you protect yourself. Now, can they because
it's the city of Los Angeles, are.
Speaker 2 (22:17):
They considered tenants in county?
Speaker 3 (22:21):
Oh?
Speaker 1 (22:21):
Okay, so there's there's no tenancy? Yeah, because they would
they don't have the right.
Speaker 2 (22:26):
Uh. You still may have to evict them if they
stay around.
Speaker 1 (22:31):
But I I the law hasn't been really, Uh, the
law hasn't been attached to any of this. No one
has argued this bringing someone in under an emergency order,
And you are kind.
Speaker 2 (22:44):
Enough to do this.
Speaker 1 (22:45):
Uh is the law as to tenancy where they go, Nope,
we're tenants. You have to evict us and it doesn't
matter that we're not paying rent.
Speaker 2 (22:54):
Uh is the law going to go the regular way?
Speaker 1 (22:56):
If if it didn't happen, if you open up your
house to a couple that walked in and then you said, okay,
you got two weeks, you got three weeks, you got
to be out in a month, and they say, no,
you have to victim.
Speaker 2 (23:06):
You've got a victim.
Speaker 1 (23:07):
Now, I don't think that's the case here. There may
be all kinds of different spins on this, exceptions which
again we don't know.
Speaker 2 (23:19):
I mean, what this fire did is completely insane.
Speaker 1 (23:23):
And the thought of someone taking advantage of you based
on what you're doing for them. Here's what you do
is if they do something wrong, you don't even go
after them. You go after your friend who recommended them,
you know, and you torch and you torch their car.
But if you have home insurance, you're in pretty good shape.
(23:44):
You know, it's that's pretty special. Would I do that?
Speaker 11 (23:47):
You know?
Speaker 2 (23:47):
I don't know. I don't know. I'd like to think
that I would, which of course means that.
Speaker 1 (23:53):
Of course I wouldn't, but I say it so I
can feel good and people can feel good about me. Uh,
you should see what my I have two little dogs,
and let me tell you they're not particularly well trained Andrew.
Speaker 2 (24:06):
So the answer is, well, if you got no place
else to go, let me ask you this.
Speaker 1 (24:12):
If your choice has been between a dumpster and my couch, No,
I can't have you answer that question.
Speaker 2 (24:18):
Okay, let's go ahead and move on. David, Welcome, Hello, David.
Speaker 6 (24:28):
Good morning, Bill. Guess some I filed for Chapter seven
bankruptcy in October pro se. I'm doing everything myself because
I'm currently homeless and unemployed.
Speaker 4 (24:37):
Okay, I did file.
Speaker 6 (24:39):
I have student loans thirty eight thousand dollars worth, and
I did file myself for an adversary proceeding. My question
is how do I go about serving? Do I need
to hire a service or can I do it?
Speaker 11 (24:50):
Now?
Speaker 2 (24:50):
You can't do it.
Speaker 1 (24:51):
Any service is done by virtually anybody, but you, an
interested party, cannot serve someone process of service.
Speaker 2 (25:01):
It can be a friend, it could be someone you know.
You can have the marshals do it.
Speaker 1 (25:06):
You can hire a process server, but those cost money,
so you simply have a friend of yours, go ahead,
make affect the service, which means just handing the person
the paperwork, the lawsuit and done.
Speaker 2 (25:19):
And then that whoever serves it just signs, yep, I
serve it this day and this is it.
Speaker 6 (25:25):
That's the addresses the Department of Education along with the
assistant US.
Speaker 2 (25:30):
That's who you're serving, the US government, right, And what
are you suing them for.
Speaker 6 (25:38):
Discharge of my student loans?
Speaker 2 (25:40):
And what is the basis of the discharge? What's your
legal argument?
Speaker 11 (25:45):
Oh?
Speaker 6 (25:46):
Well, they have certain requirements. They have new requirements now
that came out I think in twenty twenty two, and
it basically revolves around with that's getting into a whole
lot of detail. Revolves around the ability to pay, whether
or not you received your degree. Have you made any attention?
Speaker 2 (25:59):
Okay? So have they all?
Speaker 4 (26:00):
Right?
Speaker 1 (26:01):
So you you declared bankruptcy. Do you want to unbankrupt yourself?
Do you want to say you don't owe the money?
Speaker 6 (26:10):
No, I'm saying I owe the money, but I given
my age and my health situation, my ability you to
find you know.
Speaker 1 (26:18):
Oh, you bought yourself a trial in federal court. Is
what you've done. And good luck to you. The government
is going to defend that. If you're suing the federal government,
the Department of Justice is going to defend that case.
Speaker 2 (26:33):
If you get into court and.
Speaker 1 (26:35):
You don't want to be the most difficult areas of
getting into law that only takes top top students from
Ivy League schools. I mean, really bright people happen to
be happens to be the Department.
Speaker 2 (26:49):
Of Justice, and you're not a lawyer.
Speaker 1 (26:53):
And let me tell you what federal judges do not
like people go in and representing themselves.
Speaker 2 (26:59):
I have seen that.
Speaker 1 (27:01):
I wasn't actually part of the action, but I have
a friend of mine who was a defense early in
my career, a criminal attorney, federal criminal defense attorney. And
this guy was the case before my friend's case was
a guy representing himself.
Speaker 2 (27:18):
The judge laid into him.
Speaker 1 (27:21):
You don't know the law, you don't know the rules,
get an attorney, and he goes, if I have to
have you, I will.
Speaker 2 (27:29):
But let me tell you I don't have patience with this.
Speaker 1 (27:32):
Yeah, good luck, my friend tell me how it works
after the facts, I'd love to hear it. Let me
talk to you about pain, pain that you have or
someone you know has a loved one chronic pain twenty
four to seven. Now the person I live with she
lives in pain, both in physical pain and the pain
(27:54):
of living with me, both extraordinary. And she has a
podcast called The Pain Game Podcast. And if you were
a friend a loved one lives in chronic pain, I'm
gonna suggest you listen to the Pain Game Podcast. Her
guests have dealt with I have lived with, have treated
people in chronic pain, and it's all about giving you answers,
having you deal with it, which is almost impossible in
(28:16):
this world. Every episode ends with a message of hope.
Actually you learn something and you go, Okay, I think
I'm going to try that. That may help, and quite
often it does. And the show is really about giving
pain purpose. I know that sounds weird, but that's what
it's about. It's the Pain Game Podcast, The Pain Game Podcast.
Speaker 2 (28:37):
This is Handle on the Law. Back we go more
Handle on the Law. Hello Helen, Yes.
Speaker 9 (28:45):
Ma'am, Hi, Hello Bill, thanks for taking my call. I'm
a trustee to my parents' trust and there were four
children and one of my siblings passed away about twenty
some years ago. The trust states that for the children of.
Speaker 11 (29:06):
The deceased sibling that they would receive a specified gift
and the other children would equally share in the remaining assets.
Speaker 9 (29:18):
So the I send a letter to uh the two
that were to get the specified gifts, and it stated
in there if they wanted a copy of the pages
or a copy of the trust, to let me know.
But what they just opted to do was take their gift.
(29:40):
They cashed their check, and I thought we were done
with it.
Speaker 2 (29:42):
Wait a minute, they took What do you mean they
took their gift? You're the trustee, how right?
Speaker 9 (29:49):
But I was in the trust. It said that they
were entitled to X number of dollars which at any time.
Speaker 2 (29:58):
So it told you.
Speaker 1 (29:59):
The trust specified that if they want this money, you
are to write them a check. Yes, okay, fair enough,
And you did, and you wrote, and you wrote them
a check I.
Speaker 9 (30:10):
Did, okay, and they sent. We did it all by
certified mail. They write everything back. Well, now I was
speaking with their mother, whom I'm on you know, friendly
terms with so to speak. We don't talk regularly. And
she said, well, now that the house has sold, do
they get their deceased father's portions?
Speaker 2 (30:33):
Trust?
Speaker 4 (30:33):
Say?
Speaker 2 (30:34):
What does the trust say? Because the house is owned
by the trust. I'm assuming correct exactly. Okay, what does
the trust say about the house it.
Speaker 9 (30:42):
Well, it doesn't specify specify the house. It just says
that all the remaining assets, after they get their specified gifts,
is distributed amongst the three surviving children. Okay, Well, now
where we're going with this is she these these boys
as she calls them, and they're in their forties. She
(31:03):
is saying that she wants a copy of the trust
and she wants a copy of the letter that I
sent to her.
Speaker 4 (31:08):
Boy.
Speaker 1 (31:09):
No, no, she's not entitled to that. She has nothing
to do with it. She has nothing to do with it. No,
thank you, no thanks, It's been a pleasure.
Speaker 9 (31:18):
So yeah, So I would say that I want to know,
should I or can I just say to her if
they want a copy of it?
Speaker 2 (31:27):
No, I don't even think they're entitled to a copy
of it.
Speaker 1 (31:30):
Now they if they're in if they argue or that
somehow you're screwing them, they could probably get a copy.
It's not a bad idea to send them a copy
because inevitably they can get it just arguing some misdeed
by you. But if you're following the terms, of the
trust you're and it seems the trust is pretty well
written the way you describe it, Helen. Yeah, it's it's
(31:53):
it sounds like it's pretty air tight. Clearly a lawyer
wrote this one. Who knows what he or she is doing.
You didn't take this one off the internet. Yeah, mom
is not entitled to a copy of anything, Helen.
Speaker 9 (32:06):
Okay, okay, yeah, because she's trying to tell me, well,
they're friends.
Speaker 2 (32:10):
Doesn't matter no matter what she says. It doesn't matter
what she says, Helen. She can tell you the sky
is blue. Take a look. I want the copy, No thanks.
Speaker 9 (32:19):
Or you could leave your assets to your dog, I say,
you can do what I.
Speaker 1 (32:23):
Mean, Well, you can't actually leave it to a dog,
because a dog is not a person. But you can
leave it to an organization that takes care of your dog.
Speaker 2 (32:30):
That you can do. This is Handle on the Law.
You're listening to Bill Handle on demand from KFI AM
six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f.
Speaker 2 (00:08):
This is Handle on the Law Marginal.
Speaker 1 (00:11):
Legal Advice where I tell you you have absolutely no case.
If you're injured and need a lawyer, go to handle
on the law dot Com. And if you're a lawyer
and want to join our team because people desperately need
your help, go to handle on the Law dot Com
and click on the Joint Today tab at the top
of the page.
Speaker 2 (00:28):
The followings up pre recorded program. Now this may be
a case.
Speaker 1 (00:33):
There's an airline, one of the best airlines out there,
Cutter Airways, and these countries in the Mideast that have
these airlines do a phenomenal job. I mean they're for
the most part stayed owned and they just go balls
to the wall. So you have an Australian couple who
is flying on Cutter Airways and they're going to Venice
(00:56):
on their dream, their dream trip of their lifetime. There
about ten hours into the flight from Melbourne, Australia and
going to Doha Cutter where they would then switch planes
and go into Venice. Now what happened on the flight, Well,
a woman dies just dies. A big woman, a very
(01:21):
big woman, is near the lavatory and collapses and dies
right near their seats, their row, Mitchell Ring and Jennifer Colman.
And here's what happened. Unfortunately, the lady couldn't be saved.
And it was a bright, heartbreaking story to watch. This
(01:43):
is what Ring told a new station that cover this story. Man,
what a story. So they tried to wheel her towards
business class, but they couldn't get her through the aisle,
so they kept her in the aisle and put this
very large lady next to these two. The flight crew
asked Ring to move seats, move over and put the
(02:07):
dead passenger in his former seat. The couple said they
were not offered to relocate seats, but by the way,
there were empty seats, they're saying, And for the last
four hours of the flight they were in the same
row with a dead passenger, basically your four hundred and
fifty pound I had no idea what or weight was
(02:27):
dead passenger. And they were told to stay seated upon
landing because medical crews showed up to remove the body
and did it with a great deal of difficulty, Like
this woman had a great deal of difficulty getting onto
the plane, and so as everybody else disembarks, they're still
there in their seats.
Speaker 2 (02:50):
Waiting for this dead body to be moved.
Speaker 1 (02:52):
Cut Her Airways in an email statement, and of course
this is corporate talk, said, first and foremost, our thoughts
are with the family of the passenger who sadly passed
away on board our flight. We apologize for any inconvenience
or distress this incident may have caused, and are in
the process of contacting passengers in line with our policies
(03:15):
and procedures. Now, the question is do they have a case.
I don't know if I'm a lawyer, which some people
actually accuse me of being. And this couple walks into
my door and said they forced me to sit next
to a dead lady for four hours, wouldn't let me
out of my seat, and I had to stay there.
Speaker 2 (03:36):
We had to stay there until they carted off. This body.
Speaker 1 (03:39):
Really inconvenient and maybe a little bit emotionally distracting as
well as a real emotional issue going on. Yeah, a
lot of distress there, and that's a lawsuit for emotional distress.
Speaker 2 (03:55):
However, where do they sue?
Speaker 1 (03:59):
And there's doing Cutter Airline, and do they have to
do it in Dubai.
Speaker 2 (04:04):
Who the hell knows if.
Speaker 1 (04:05):
We're here in this country. Oh man, you see checks
being written like crazy over there.
Speaker 2 (04:11):
I don't know. Let's take some phone calls. Alex, Hey, Alex,
welcome to handle on the law. Hey Belle, are you yes, sir?
Speaker 3 (04:20):
The question is, thirty years ago conviction was expunged by
the cords and sometimes we're mentioning that this could also
you can appeal for a seal or destruction of records.
Is there such a thing?
Speaker 1 (04:37):
No, because if it was, if it was expunged, then
it sort of disappears. And I don't think it hurts
to go and ask for it to be sealed, but
it's if it's.
Speaker 2 (04:46):
Expunged, it doesn't exist anymore.
Speaker 1 (04:49):
So are you going to be asking for to seal
a procedure of which it has been determined doesn't it
didn't happen. So yeah, So the problem is is that
there really isn't anything as a true expungement.
Speaker 2 (05:04):
Joel, Hi, Joel welcome.
Speaker 4 (05:07):
Hi, good morning Bill.
Speaker 2 (05:08):
Yes.
Speaker 5 (05:08):
So, so that's the question that I asked for you,
is that I was involved in a car act. Basically,
it's a road ridge incident that resulted in a car
accident where the other guy hit my vehicle with his vehicle.
The cups were called, they reported it as a car accident,
and he told me to go through his insurance and
get my car fixed. So I've made a claim. But
(05:29):
now his insurance is being very delayed on this situation,
and they're still saying that it was it's my fault,
even though the police recourse.
Speaker 2 (05:39):
All right, so let me ask you that you were
Were you injured, Joel?
Speaker 6 (05:43):
No?
Speaker 2 (05:43):
Okay, So you're doing it on your own. Okay, here's
your choice.
Speaker 1 (05:46):
If the insurance company doesn't want to deal with it,
you file a lawsuit against him.
Speaker 2 (05:49):
That's all you can do.
Speaker 1 (05:51):
His insurance company doesn't have a duty to write a
check to you. His insurance company say we believe our guy.
We think it's your fault, Joel, and you say, I've
got the proof. Let me send you the video. And
if it turns out that they you have it, they
you've showed it to them and they're still willing to
(06:12):
not go ahead with some kind of settlement, then he's
got a problem with them, or they have a problem
with him because you're suing him and they insisted on
fighting it even when there is proof, as opposed to
settling it.
Speaker 2 (06:27):
Okay, so how much damage to the car is there, Joel?
Speaker 5 (06:30):
So the estimate was almost five thousand dollars.
Speaker 2 (06:33):
Yeah, it's a small Yeah, I just tell the insurance company.
Speaker 1 (06:36):
Listen, you know, here's I have the proof, I have
the police report, he's at fault. Do you want to
settle and repair this or not? And if they say no,
you got a couple of choices. First of all, I
call your insurance company and see if they're willing to
go lead the chase on this one, because white off
the insurance companies do that your own and then they
go after the bad guys, bad guys being the liable ones.
(06:58):
Or you just file lawsuits small and say, hey, your
insurance company won't do it, so I'm suing you. You
can take a ticket to court and argue that it's
not your fault. And by the way, you're going to
ask for a lot more than this five thousand dollars.
You get a lot of bids out there and tell
the judge, no, it's going to cost eight thousand. All right, Okay, Yeah,
you can't force an insurance company to sell Joe.
Speaker 2 (07:19):
You can't.
Speaker 1 (07:21):
Now, it's unusual if you have the video and he
say I've got the proof and they go, we don't care.
Speaker 2 (07:26):
Something's going on. That doesn't make a lot of sense. D.
Speaker 7 (07:30):
My question is is an inheritance taxable?
Speaker 2 (07:33):
No? No, not at all.
Speaker 1 (07:36):
Well not up to several million dollars whatever it is,
but no inheritance.
Speaker 7 (07:40):
Yeah, that's not a problem.
Speaker 1 (07:41):
Yeah, inheritance is. No, it's not taxable. It is not
considered income. It's considered an inheritance.
Speaker 2 (07:47):
Joe, let's go to you welcome.
Speaker 4 (07:49):
Basically, we have a house.
Speaker 8 (07:52):
You advise me to tell my sisters send me a
copy of the trust, which he didn't do. And what
I want to do is my obsessive compulsive disorder brother
came to live with me and I need to get
out of here. How do I tap into the trust?
Do I get a loan on it?
Speaker 2 (08:08):
You can't. You can't. No, you can't. If she's the trustee,
you can't do a damn thing. Really, yeah, she's a trustee.
You don't own the house. The trust owns the house.
Speaker 1 (08:21):
How do you get how do you get a loan
on a property you don't own?
Speaker 9 (08:26):
So?
Speaker 4 (08:26):
What do I do to get away?
Speaker 8 (08:27):
From my obsessive compulsive disorder on this million dollar house.
Speaker 2 (08:31):
Well, I will hold on. Your sister is the trustee.
Who are the beneficiaries? You and your brother, Me and
my brother? Okay, well neither one of you own the house. Okay,
she's the only one that has the power.
Speaker 1 (08:44):
And now if you think there's wrongdoing, you could probably get.
Speaker 2 (08:47):
A copy of the trust, although I don't know if she.
Speaker 1 (08:51):
Is forced to give you a copy because you have
no interest in that property until the trust door.
Speaker 2 (09:00):
The person who made the trust we put the money in.
I assume that your parents, right, yeah, they're they're gone.
Speaker 1 (09:06):
In Oh okay, so now all right, So now the
trust is active and your sister as a trustee is
not doing much.
Speaker 2 (09:14):
How long has it been since your parents died?
Speaker 8 (09:18):
About two and a half years.
Speaker 2 (09:19):
Okay, it is time to get a trust, a trust
and a state lawyer. Oh yeah, so okay.
Speaker 8 (09:24):
So I got to get a lawyer.
Speaker 2 (09:25):
You got to get a lawyer. But because you got
to get a lawyer, because you know why, you can
do it? Ye buy me.
Speaker 8 (09:30):
You advise me to send her a copy of the
penal code, and she still won't send me.
Speaker 1 (09:34):
All right, we'll get a lawyer. You know, well, then
if she's not, if she's not acting appropriately, then there
is the possibility of embezzlement. That she did something with
the trust, did something with a property that's against the
terms of the trust, maybe something criminal.
Speaker 2 (09:52):
Get a trust in a state lawyer.
Speaker 8 (09:54):
Absolutely, trusty this sorry, so I think she took that.
Speaker 2 (09:58):
There was forty find out. You're going to find out.
What did I say? Four times?
Speaker 4 (10:02):
Now?
Speaker 2 (10:03):
Get a trust and a state lawyer. This is handle
on the law.
Speaker 4 (10:08):
Okay, back we go.
Speaker 2 (10:10):
This is pandle on the law, marginal legal and.
Speaker 1 (10:15):
I get It's kind of all right, Ben, uh yeah,
let's go for you, all right, Ben?
Speaker 2 (10:23):
Yeah, Ben, Yeah, Yeah, you're there.
Speaker 4 (10:28):
Yeah. My name is Bell and your name is Bill.
Speaker 8 (10:32):
Oh Bell.
Speaker 1 (10:33):
Oh, I'm sorry Bell, not Ben. My fault, my fault,
My bad Bell. By the way, well you know Bell.
Speaker 4 (10:43):
Jeez.
Speaker 1 (10:44):
Okay, that's interesting. I've heard that before with a male.
But all right, let's just ask the question. I'm sort
of spinning here thinking of movies.
Speaker 10 (10:54):
Oh ahead, Okay, I won judgment again, is in my
management for not paying my security's deposits after I filed.
I got the judgment and they do not pay me.
For thirty days. After thirty days, I applied that he
attends the court small court to show his asset, how
(11:17):
much bank.
Speaker 2 (11:17):
I have judgment, judgment credit credit or examination? Yes?
Speaker 10 (11:23):
Sure? My two question first one is if he did
not attend, what would be happened? Second, if he attend
and shure if you accuse you doesn't have money, but
he had an owners his own owner.
Speaker 1 (11:36):
But that doesn't matter. If it doesn't matter if you
own a business. If there's no money, there's no money.
It doesn't matter if you own what if I have
What if I have a business that is going bankrupt
and I'm still the owner of the business.
Speaker 2 (11:48):
Do I owe you money?
Speaker 9 (11:49):
No?
Speaker 2 (11:50):
Well I do owe it to you, but you're not
going to get it, all right, So.
Speaker 1 (11:53):
He didn't show up for the examination, which he should.
So now you go to court and you get a
court order ordering him to do it, and if he
doesn't do it, you've got to contempt.
Speaker 2 (12:04):
But does the guy have money? Do you know? Bill?
Speaker 10 (12:08):
Yeah, I know he have a large management company.
Speaker 2 (12:11):
It could be okay.
Speaker 1 (12:13):
So what you do is did you sue him or
did you sue him in the or the company or
the company and not him who did you sue both?
Speaker 10 (12:22):
I just both, okay?
Speaker 2 (12:24):
And you did you get a judgment on both? Ye? Okay,
Well good for you.
Speaker 1 (12:29):
So now you can go after personal assets and anything
the corporation owns. So since he won't give you the
information and he failed to show up at that examination, U,
first of all, you can do your own research on
it because you have a judgment. You can attach anything
that the corporation owns or he owns, because you have
the judgment on both.
Speaker 2 (12:48):
And that's where I would.
Speaker 1 (12:49):
Go is I would just uh, I would just look
for assets.
Speaker 10 (12:55):
Yeah, if he's to submit.
Speaker 2 (12:58):
That the no, I understand, yes he was and he didn't.
Speaker 10 (13:02):
Uh huh.
Speaker 1 (13:03):
So I'm telling you the easiest way because you go
to court and you a contempt order is issued, he
ignores that. The judge doesn't do anything until the second,
third fourth contempt order and it doesn't do anything, and
he's ordered to change to turnover assets.
Speaker 2 (13:18):
He ignores that. So what I'm suggesting you to you.
Speaker 1 (13:21):
Is you find out on your own where those assets are.
You hire someone sort of a private investigator kind of person,
although they do everything on the internet now, and you
find out where there are those assets are and you
attach those assets, you take those assets pursuing to your
your judgment.
Speaker 2 (13:41):
That's what you do. That's how you do it. Oh okay, Ian.
Speaker 4 (13:49):
Hello, Ian, Hey, Bill, thank you for taking my call.
Speaker 10 (13:53):
I want to have five kids as low cost as
possible and probably sons, and that means.
Speaker 7 (13:58):
Surracusy, So forget about divorces, ernie, alimony, et cetera.
Speaker 10 (14:01):
Right, where are the lowest cost places in the world
to do that securely? I thank you the air.
Speaker 2 (14:06):
Now you I can take my answer off the air.
Speaker 1 (14:08):
And I and I did surrogacy for so many years,
and I'm not going to start giving people recommendations. I
am out of the surrogacy business, have been for about
five years and things have changed so dramatically. Now it's
all big corporations that own it. Consolidation. I mean, I
had a small agency and it was bought by a massive,
(14:31):
major corporation and that's what's going on.
Speaker 2 (14:34):
So I'm not going about to give recommendations. But thanks
for the call. Richard, Hi, Richard welcome. Hello. Yes, what
can I do for you?
Speaker 4 (14:48):
Mister handle We got a my daughter got a notice
of termination of tendency due to withdraw property from the
rental market.
Speaker 2 (14:57):
Mm hmm.
Speaker 4 (14:57):
And this is a property subject to a BE fourteen
eighty two, yeah, which.
Speaker 2 (15:02):
I have no idea what that is.
Speaker 1 (15:03):
But okay, So so she's she basically had a notice
to leave, right, watch out because.
Speaker 2 (15:11):
They're removing the property from the rental market. Yeah, okay, okay,
And what's your question.
Speaker 4 (15:20):
It's one of the one we have. Sixty is a well,
if he has the right to.
Speaker 2 (15:24):
Do it, Yeah, you're out in sixty days. I'm assuming
do you have a lease or is it an is
it a month to month.
Speaker 4 (15:29):
Tennessee, Yes, it's a month to month.
Speaker 2 (15:32):
Okay, so you have no lease effectively? All right? Where
is that? Where's property located in Colton, California? All right?
Colton I don't think has rent control?
Speaker 1 (15:43):
So yeah, yeah, the answer is that if they're removing
with no rent control, if they're removing the.
Speaker 2 (15:52):
Property from the market, or actually with no reason, they
can toss her out.
Speaker 1 (15:59):
So yeah, yeah, chowd baby, sixty days you're gone, Yes,
you're finished.
Speaker 2 (16:06):
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(16:31):
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(17:00):
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Speaker 2 (17:38):
This is Handle on the Law. You're listening to bill
handle on demand from KF I am six forty.
Speaker 1 (17:49):
Handle on the Law marginal legal advice. Brandon Yo, Brandon. Yeah,
I have a son in law name Brandon. Just to
let you know, I particularly hate your name. Okay, what
can I do for you?
Speaker 4 (18:05):
Hey, So I have a question. Are you able to
hear me? Good?
Speaker 2 (18:08):
Yeah, perfectly, Okay.
Speaker 4 (18:10):
Thank you. So me and my wife been separated for
about a year now. I opened up a business. I'm
about to file for a divorce. But I opened up
a business many months, maybe about six months after separation.
Does not come in. Well, I've asked an attorney and
a pair of Leegal and they said that she had
no right over that because it's been so long. I
(18:33):
don't live.
Speaker 2 (18:33):
Yeah, it's a little more complicated than that.
Speaker 1 (18:35):
First of all, asking a pair of Leegal that paral
Leegal was not allowed to give you legal advice.
Speaker 2 (18:40):
So if a pair of legal is.
Speaker 1 (18:41):
Telling you what to do legally, that pair of legal
is violating the law. So the attorney says, you have
nothing to worry about because you opened a business months
after you separated.
Speaker 4 (18:52):
And it's a it's a put under the s corporation.
Speaker 2 (18:54):
That doesn't matter.
Speaker 1 (18:55):
That none of that matters. Here's what does matter. The
money that you use to open in the business. Where
did you get that?
Speaker 4 (19:04):
I was I got hurt at work and I wasn't employed,
so I used that money.
Speaker 1 (19:07):
Okay, So you got heard of work and you receive money,
and you know, I don't even know if that's community
property or not community assets. You know, I don't if
it is considered if it is considered uh community, if
it is considered income. And I don't know the answer
because this is money you received in lieu of work.
Speaker 2 (19:25):
I don't know if it's workers competent that.
Speaker 4 (19:29):
Yeah.
Speaker 2 (19:32):
Oh wow, okay, well okay donate.
Speaker 1 (19:34):
Wow, someone ran a go fund me campaign for you.
Speaker 4 (19:38):
No, no, no, So it's a it's a community gym,
you know, and we're train into a nonprofit and most of.
Speaker 2 (19:43):
And most of the money was a donation that was
given to you.
Speaker 4 (19:46):
Yes.
Speaker 2 (19:46):
Wow.
Speaker 4 (19:47):
Sure, I went up to businesses and I went up
to be good for you.
Speaker 2 (19:51):
All right, good for you.
Speaker 1 (19:52):
So I'm going to assume that it's private, that it's
separate property. Well, uh, probably if it is your separate money.
And I don't know if it is, based on what
I just said, whether it's community money or not, but
assuming that it is, it probably is yours except while
(20:14):
you are divorced.
Speaker 2 (20:15):
And I just found this out.
Speaker 1 (20:17):
If you are still married, separated or not, this is
under California law you have to give the community the
opportunity to have gone into business. In other words, if
you're still married and even with separate money, you must
give or you should give your wife who is still
(20:38):
your wife, separated or not, the opportunity to invest that
in that business.
Speaker 2 (20:43):
That's my understanding because I'm just finding this out, and.
Speaker 1 (20:47):
So you know, it's a little bit more complicated because
now there may be a legitimate, legitimate call for.
Speaker 2 (20:56):
This is the business successful at all.
Speaker 4 (21:00):
We just opened up for?
Speaker 9 (21:01):
No?
Speaker 4 (21:01):
Not yet?
Speaker 2 (21:02):
All right, Well, yeah, I mean she sort of has
to make the claim. Now you're probably okay.
Speaker 1 (21:08):
You're probably okay because separate property and the way you
describe it, it is separate. For example, income after separation
is your property.
Speaker 2 (21:17):
It's your separate property.
Speaker 1 (21:19):
As far as money that is community and I just
explained how it could be, then it belongs to both
of you.
Speaker 2 (21:25):
So again, you know, what do you do? You kill her?
You know that's the bottom line, you know it just
just you know, I make it so easy for everybody.
I make it so easy. Christine. Hi, Christine, good morning.
Speaker 7 (21:39):
I'm offering my guest bedroom and bathroom to a couple
who lost their home in the palisade.
Speaker 2 (21:44):
Wow. Good for you, Good, good for you, Christine.
Speaker 7 (21:49):
I don't know them. They are colleagues of a friend
who I trust implicitly. I just want to know what
I need to do, if anything, to protect myself as
far as maybe home on insurance or I don't wonder
if you.
Speaker 1 (22:02):
If you have homeowners insurance, you've protected yourself. Okay, Okay,
that's basically how you protect yourself. Now, can they because
it's the city of Los Angeles, are.
Speaker 2 (22:17):
They considered tenants in county?
Speaker 3 (22:21):
Oh?
Speaker 1 (22:21):
Okay, so there's there's no tenancy? Yeah, because they would
they don't have the right.
Speaker 2 (22:26):
Uh. You still may have to evict them if they
stay around.
Speaker 1 (22:31):
But I I the law hasn't been really, Uh, the
law hasn't been attached to any of this. No one
has argued this bringing someone in under an emergency order,
And you are kind.
Speaker 2 (22:44):
Enough to do this.
Speaker 1 (22:45):
Uh is the law as to tenancy where they go, Nope,
we're tenants. You have to evict us and it doesn't
matter that we're not paying rent.
Speaker 2 (22:54):
Uh is the law going to go the regular way?
Speaker 1 (22:56):
If if it didn't happen, if you open up your
house to a couple that walked in and then you said, okay,
you got two weeks, you got three weeks, you got
to be out in a month, and they say, no,
you have to victim.
Speaker 2 (23:06):
You've got a victim.
Speaker 1 (23:07):
Now, I don't think that's the case here. There may
be all kinds of different spins on this, exceptions which
again we don't know.
Speaker 2 (23:19):
I mean, what this fire did is completely insane.
Speaker 1 (23:23):
And the thought of someone taking advantage of you based
on what you're doing for them. Here's what you do
is if they do something wrong, you don't even go
after them. You go after your friend who recommended them,
you know, and you torch and you torch their car.
But if you have home insurance, you're in pretty good shape.
(23:44):
You know, it's that's pretty special. Would I do that?
Speaker 11 (23:47):
You know?
Speaker 2 (23:47):
I don't know. I don't know. I'd like to think
that I would, which of course means that.
Speaker 1 (23:53):
Of course I wouldn't, but I say it so I
can feel good and people can feel good about me. Uh,
you should see what my I have two little dogs,
and let me tell you they're not particularly well trained Andrew.
Speaker 2 (24:06):
So the answer is, well, if you got no place
else to go, let me ask you this.
Speaker 1 (24:12):
If your choice has been between a dumpster and my couch, No,
I can't have you answer that question.
Speaker 2 (24:18):
Okay, let's go ahead and move on. David, Welcome, Hello, David.
Speaker 6 (24:28):
Good morning, Bill. Guess some I filed for Chapter seven
bankruptcy in October pro se. I'm doing everything myself because
I'm currently homeless and unemployed.
Speaker 4 (24:37):
Okay, I did file.
Speaker 6 (24:39):
I have student loans thirty eight thousand dollars worth, and
I did file myself for an adversary proceeding. My question
is how do I go about serving? Do I need
to hire a service or can I do it?
Speaker 11 (24:50):
Now?
Speaker 2 (24:50):
You can't do it.
Speaker 1 (24:51):
Any service is done by virtually anybody, but you, an
interested party, cannot serve someone process of service.
Speaker 2 (25:01):
It can be a friend, it could be someone you know.
You can have the marshals do it.
Speaker 1 (25:06):
You can hire a process server, but those cost money,
so you simply have a friend of yours, go ahead,
make affect the service, which means just handing the person
the paperwork, the lawsuit and done.
Speaker 2 (25:19):
And then that whoever serves it just signs, yep, I
serve it this day and this is it.
Speaker 6 (25:25):
That's the addresses the Department of Education along with the
assistant US.
Speaker 2 (25:30):
That's who you're serving, the US government, right, And what
are you suing them for.
Speaker 6 (25:38):
Discharge of my student loans?
Speaker 2 (25:40):
And what is the basis of the discharge? What's your
legal argument?
Speaker 11 (25:45):
Oh?
Speaker 6 (25:46):
Well, they have certain requirements. They have new requirements now
that came out I think in twenty twenty two, and
it basically revolves around with that's getting into a whole
lot of detail. Revolves around the ability to pay, whether
or not you received your degree. Have you made any attention?
Speaker 2 (25:59):
Okay? So have they all?
Speaker 4 (26:00):
Right?
Speaker 1 (26:01):
So you you declared bankruptcy. Do you want to unbankrupt yourself?
Do you want to say you don't owe the money?
Speaker 6 (26:10):
No, I'm saying I owe the money, but I given
my age and my health situation, my ability you to
find you know.
Speaker 1 (26:18):
Oh, you bought yourself a trial in federal court. Is
what you've done. And good luck to you. The government
is going to defend that. If you're suing the federal government,
the Department of Justice is going to defend that case.
Speaker 2 (26:33):
If you get into court and.
Speaker 1 (26:35):
You don't want to be the most difficult areas of
getting into law that only takes top top students from
Ivy League schools. I mean, really bright people happen to
be happens to be the Department.
Speaker 2 (26:49):
Of Justice, and you're not a lawyer.
Speaker 1 (26:53):
And let me tell you what federal judges do not
like people go in and representing themselves.
Speaker 2 (26:59):
I have seen that.
Speaker 1 (27:01):
I wasn't actually part of the action, but I have
a friend of mine who was a defense early in
my career, a criminal attorney, federal criminal defense attorney. And
this guy was the case before my friend's case was
a guy representing himself.
Speaker 2 (27:18):
The judge laid into him.
Speaker 1 (27:21):
You don't know the law, you don't know the rules,
get an attorney, and he goes, if I have to
have you, I will.
Speaker 2 (27:29):
But let me tell you I don't have patience with this.
Speaker 1 (27:32):
Yeah, good luck, my friend tell me how it works
after the facts, I'd love to hear it. Let me
talk to you about pain, pain that you have or
someone you know has a loved one chronic pain twenty
four to seven. Now the person I live with she
lives in pain, both in physical pain and the pain
(27:54):
of living with me, both extraordinary. And she has a
podcast called The Pain Game Podcast. And if you were
a friend a loved one lives in chronic pain, I'm
gonna suggest you listen to the Pain Game Podcast. Her
guests have dealt with I have lived with, have treated
people in chronic pain, and it's all about giving you answers,
having you deal with it, which is almost impossible in
(28:16):
this world. Every episode ends with a message of hope.
Actually you learn something and you go, Okay, I think
I'm going to try that. That may help, and quite
often it does. And the show is really about giving
pain purpose. I know that sounds weird, but that's what
it's about. It's the Pain Game Podcast, The Pain Game Podcast.
Speaker 2 (28:37):
This is Handle on the Law. Back we go more
Handle on the Law. Hello Helen, Yes.
Speaker 9 (28:45):
Ma'am, Hi, Hello Bill, thanks for taking my call. I'm
a trustee to my parents' trust and there were four
children and one of my siblings passed away about twenty
some years ago. The trust states that for the children of.
Speaker 11 (29:06):
The deceased sibling that they would receive a specified gift
and the other children would equally share in the remaining assets.
Speaker 9 (29:18):
So the I send a letter to uh the two
that were to get the specified gifts, and it stated
in there if they wanted a copy of the pages
or a copy of the trust, to let me know.
But what they just opted to do was take their gift.
(29:40):
They cashed their check, and I thought we were done
with it.
Speaker 2 (29:42):
Wait a minute, they took What do you mean they
took their gift? You're the trustee, how right?
Speaker 9 (29:49):
But I was in the trust. It said that they
were entitled to X number of dollars which at any time.
Speaker 2 (29:58):
So it told you.
Speaker 1 (29:59):
The trust specified that if they want this money, you
are to write them a check. Yes, okay, fair enough,
And you did, and you wrote, and you wrote them
a check I.
Speaker 9 (30:10):
Did, okay, and they sent. We did it all by
certified mail. They write everything back. Well, now I was
speaking with their mother, whom I'm on you know, friendly
terms with so to speak. We don't talk regularly. And
she said, well, now that the house has sold, do
they get their deceased father's portions?
Speaker 2 (30:33):
Trust?
Speaker 4 (30:33):
Say?
Speaker 2 (30:34):
What does the trust say? Because the house is owned
by the trust. I'm assuming correct exactly. Okay, what does
the trust say about the house it.
Speaker 9 (30:42):
Well, it doesn't specify specify the house. It just says
that all the remaining assets, after they get their specified gifts,
is distributed amongst the three surviving children. Okay, Well, now
where we're going with this is she these these boys
as she calls them, and they're in their forties. She
(31:03):
is saying that she wants a copy of the trust
and she wants a copy of the letter that I
sent to her.
Speaker 4 (31:08):
Boy.
Speaker 1 (31:09):
No, no, she's not entitled to that. She has nothing
to do with it. She has nothing to do with it. No,
thank you, no thanks, It's been a pleasure.
Speaker 9 (31:18):
So yeah, So I would say that I want to know,
should I or can I just say to her if
they want a copy of it?
Speaker 2 (31:27):
No, I don't even think they're entitled to a copy
of it.
Speaker 1 (31:30):
Now they if they're in if they argue or that
somehow you're screwing them, they could probably get a copy.
It's not a bad idea to send them a copy
because inevitably they can get it just arguing some misdeed
by you. But if you're following the terms, of the
trust you're and it seems the trust is pretty well
written the way you describe it, Helen. Yeah, it's it's
(31:53):
it sounds like it's pretty air tight. Clearly a lawyer
wrote this one. Who knows what he or she is doing.
You didn't take this one off the internet. Yeah, mom
is not entitled to a copy of anything, Helen.
Speaker 9 (32:06):
Okay, okay, yeah, because she's trying to tell me, well,
they're friends.
Speaker 2 (32:10):
Doesn't matter no matter what she says. It doesn't matter
what she says, Helen. She can tell you the sky
is blue. Take a look. I want the copy, No thanks.
Speaker 9 (32:19):
Or you could leave your assets to your dog, I say,
you can do what I.
Speaker 1 (32:23):
Mean, Well, you can't actually leave it to a dog,
because a dog is not a person. But you can
leave it to an organization that takes care of your dog.
Speaker 2 (32:30):
That you can do. This is Handle on the Law.
You're listening to Bill Handle on demand from KFI AM
six forty
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