(6/29) HOTL Hour 1

Handel on the Law. Marginal Legal Advice.

Episode Transcript

(00:00):
You're listening to k I AM sixforty the Bill Handles show on demand on
the iHeartRadio app. And this iskfi AM six forty Bill Handle here on
Saturday morning, three hours to goon the show, a whole three hours,
which goes very quickly, by theway, hopefully both well, I

(00:24):
hope it goes slowly and hang aroundfor a while, But it goes very
quickly for me because I go throughthese phone calls fair fairly quickly. All
right, number to call if youwant legal advice is eight hundred five two
zero one five three four. Eighthundred five two zero one five three four,
top of the first hour, alwaysthe best time to call. Lines

(00:46):
are always open and you get inand you don't have a busy signal as
you call in, which happens throughoutthe show, and then you have to
call back later. So top ofthe hour, best best time to call.
Eight hundred five two zero one fivethree four. Okay, let's see,
we got a lot going on today. This is Handle on the Law

(01:10):
marginal legal advice, where I tellyou you have absolutely no case interesting history
of how to deal with rapist,especially child rapists. And there's a couple
of things about going to prison.There's two things you don't want to do
and go to prison. One isbeing a cop, not a good idea,
and two is being somewhat or inany case a child molester, and

(01:34):
especially a child rapist. You're insolitary or you not you specifically, or
the inmate is in protective custody literallyfor the rest of usually almost uniquely his
life. Okay, So throughout historythere has been castration used as both the

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punishment and as medical experimentation with AfricanAmericans, which is just a brutal,
brutal part of American history. Socastration has been left alone. It has
been used and is actually authorized invery very limited cases with child molesters,

(02:19):
child porno dealers, and viewers.And it's chemical castration that can be reversed,
and I think in almost every casethe inmate the defendant has to approve
of it. Well, Louisiana justpassed the law where he's about to pass
the law in which sex offenders,that is, men who have molested,

(02:44):
raped, young boys or girls underthe age of thirteen can be castrated physically,
nuts removed, castrated, and thatone is boy. You talk about
constitutional issues on that one. TheHouse of Representative passed this bill by a
Democrat by a vote of seventy fourto twenty four, which allows judges to

(03:08):
order the castration procedure for men orwomen. I don't know how many women
it's going to happen to who havecommitted aggravated sexual offense against the child under
thirteen. And the procedure would takeplace no less than one week after the
convicted person finishes their prison sentence Boom, within a week out of sentence,

(03:30):
out of prison, the castration takesplace, and if they don't show up
or refuse, they could be sentencedto an additional three to five years behind
bars. And I don't know who'sgoing to say yes. I would think
everybody is three to five years.I certainly would an additional three to five
years, although your life is atrisk, of course, if you go
to prison now. The House approvedthe bill on a few conditions. The

(03:53):
big one is that the offenders youngerthan seventeen would be excluded certain other restrictions.
Louisiana State Department of Corrections and PublicSafety said the cost of castration.
Of course, the state pays forthis. Per perspective, inmate would be
five hundred and fifty dollars to sixhundred and eighty dollars per offender, but

(04:16):
much cheaper if they fix these guysat a vet. And also the experience
of veterinarians cast rating Manuell actually castrating dogs and cats, the ball removal
cheaper and better. And of course, as you can imagine, the constitutionality

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is going to be instantly contested.You know that the second this bill becomes
law, the lawsuits are going tohit. Matter of fact, they're probably
being prepared right now. You canbet the ACLU, several libertarians are going
to go nuts because of the rightto privacy. And you can't mean reproductive

(05:00):
health if you will. Roe v. Wade was overturned, but that had
to do with abortion. When yougo to castration, boy, that's on
a level that is just on justin the stratosphere. So we'll see what
happens. I would assume even theSupreme Court, the very conservative court we
have, is going to overturn this. One. Can't imagine that that wouldn't

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happen. Okay, let's hit somephone calls. Tom, Well, we
start with you. Welcome to handleon the law. I bought a new
car from the manufacturer last Ball,and then in March of these years,
they sent me out an email sayingI bought a car from them that I
could get a free upgrade of paintcolor or interior fabric, and so I

(05:48):
sold the car I had. Ibought the other car, and they failed
to honor that free upgrade, andI've complained to him, and it boils
down to when I made the order. I was told I had to place
the order with a two hundred andfifty dollars deposit and then once that was
done then they would credit me andthey didn't, and they told me I
lose my deposit. I didn't fallfollow through with it, So you know

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a lot of reasons I went aheadand bought the car. And I'm kind
of wondering if I have any legalrest when you talk about the two hundred
and fifty dollars deposit and you losethat deposit after X period of time.
Was any of that in writing?Yeah, when you do the order online,
it is in writing, yes,okay, So what part of it

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was in writing? And I shouldn'tadhere to that contract? Are we misunderstanding
here? Well, they verbally hadtold me to order the car prior to
them crediting me with that free paintupgrade. Yeah, okay, really quickly,
I know up on the screen itis a Tesla which I had bought.

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And what they tell you verbally meansnothing. Okay, I went because
you have a written document, asales agreement that says if you buy a
car, you get a free paintjob within a specified or upgrade to a
free paint job within a specified periodof time, and you have to put

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down two hundred fifty dollars and youhave to do it before X period of
time, and it goes away ifyou don't do it. So it's pretty
clear cut because by the way you'regoing to go in, let's say you
sue to uphold that provision, right, you want to make that possibility a
reality in terms of the paint jobyou think they're going to. Whoever you

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talk to is going to say,oh, yeah, yeah, that's what
I said, free paint job,And it doesn't matter if you buy or
don't buy the car, and thetwo hundred and fifty dollars is either refundable
or you go forward, even thoughthe contract says something else. No,
I'm not gonna never gonna get that. So I don't know where you're going
to go with that. Yes,I do. You're going no place with

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that. By the way, doyou like the Tesla overall? Yes?
Okay, because I bought one andit lasted two weeks. Wow. Yeah,
there's two kinds of people in thisworld regarding Tesla's. People that love
them, people that hate them.I hated them and I bought one.
It's not well, I ended upbuying a BMW that I have driven BMW's

(08:26):
for twenty five years, and notthat Tesla isn't a car that compares with
other cars. Well, I justlike the way BMW drives. They're much
tighter, they're more solid. Youclose the door and it's like a bank
vault door funk and it's you knowthose are these and I just like the
way it drives. I mean,you know, the Beamer is so over

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engineered, as is the Tesla.I've heard the Tesla is not even a
car. It's a computer that hasto has four wheels on it. Right,
yeah, right, So two weeksafter I bought it, sold it
and took a huge loss. Butanyway, you you have no case,
Tom absolutely zip nice way to startthe show. By the way, you

(09:09):
have absolutely no case. This isHandle on the lot and good morning everybody.
Will handle here on a Saturday morning, as we continue with the program.
Apologies Andrew Carvella in this morning forHeather. I did not look into
the news booth. So we looksimilar, guess yeah, yeah, the

(09:31):
two of you look exactly the same, exactly. You both have the same
great mustache, and so you lookyou look the same. Yeah, all
right, so it's Andrew in fourhead today. I will not make that
mistake again. Now, let megive you a phone number because we do
have some lines open. Eight hundredfive to zero one five three four,

(09:52):
eight hundred five to zero one fivethree four, and we've just started the
show. Okay, welcome back.Handle on the Law marginal legal advice.
Hello John, Yes, yes,I I have Bill calling on some advice
as to kind of contesting a trust. My father passed away in February of

(10:16):
this year, and I was onlynotified. We've been estrange for about twenty
years, and I was notified thiswas in Montana. I'm in California,
and I was notified by the mortuarythat I needed to sign a document because
I guess I was the only livingblood relative. Okay, And so I
said, great, let me provethat to me. So my stepsister sent

(10:41):
the will that I saw in nineteenninety four that said he wanted to be
cremated and that everything of his ownershipand that would be passed on to his
wife. Well, his wife andmy father got divorced. I thought about
eighteen years ago subsequently, when Imade an inquiry, kind of lightly because

(11:03):
I'm not speaking out a gold digger, but I was wondering if my father
left me or my children is toonly birth grandchildren or blood relative grandchildren.
And no one provided me any informationin no, no, okay, right
now, Okay, that's the question. I get it, all right.
So a couple questions. You thoughtthat they were divorced eighteen years ago?

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Were they? That's easy to findout. I called six attorneys in Montana,
Great Falls, the city of GreatFalls, and all of them said
they were too busy in not takingon any new business. One guy,
I kind of falsified, and Isaid, hey, there's a multimillion dollar
estak. Can you call me backand let me know about this situation.
He called me back and he says, I'm sorry, I didn't return your

(11:50):
call. I was busy, butlet me check into a couple things on
your behalf. He kind of wasa great guy to seek out some information.
He says, your dad and yourex stepmother never did get the boy.
Wow. Okay, so she isokay, fair enough, all right,
so she is the wife. Nowyou mentioned there was a trust and

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not a will. Do you knowthat for a fact? Sorry, I
made a mistake. It was awill? Ah, Okay, that is
okay. Now we are talking.Does the will say specifically everything goes to
your sister, if you have acopy of it, everything goes to his
wife. You know if he wasthe past, right, okay, then

(12:35):
it would go to half me andhalf my Okay, that's the Okay,
that's the will that you have acopy of. Correct. Yes, okay.
When did the mortuary contact you?So I'm assuming your dad just died
recently? Okay, okay, that'sreally recent. Well that gets interesting.
Now the next question is you knowif your dad had any money or not?

(13:03):
Yes, okay, I'm I'm inreal estate. So we checked his
house. They both got separate homesand went their own way, okay,
and he quick claimed it to mystepsister his property, so he gave her.
Okay, so that's his all right, So the property is off the
table. It belongs to your stepsister. That's done. Now does the will

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say that any money goes to you? Does? Is it all going to
your stepsister? What does the willsay? I just say it would be
divided equally amongst Okay, fair enough, Okay, So now you get to
find out if the will was everprobated, and it was, I'm assuming
it was. Maybe they just keptthe will. I asked this attorney.

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This attorney, I had a callthat I recorded with my stepsister and she
said, yeah, it was goingto probate, but there was no money
left because of Okay, that's easy. No, that's easy. That's really
easy, because you can you canpull you can pull the probate documents.
Those are public documents. You canactually pull. It filed in the county,
it should have okay, so therewas no pro so and if it

(14:09):
was not filed correctly, then uh, it was in testate. In other
words, uh, there is nowill uh to contest. Okay, if
it was, although they can refileit. That gets easy. And unless
the money was distributed per the factthat a will was not contested, or
excuse me, a will was notuphill. It's not a legal will.

(14:33):
You've got the executor of the will, I guess, writing checks, of
which the executor had no ability towrite checks because the executor has the ability
only if it is probated. Soyeah, there's some issues here. There
are some issues because if the willis not probated. And I got a
little bit confusing because I don't knowhow they distributed property. I understand how

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the property, the real estate wastransferred. That's easy. It's his,
he transfer whoever he wants. Sister, your stepsister gets the property because that's
what he wanted to happen. Asfar as the rest of it is concerned,
and there's money there, whooh,you've got You've got a pretty solid
case because you and your stepsister arethe wise and the ex wife, except

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that she still is the wife,so she splits it. I don't know
about Montana, but this is California, and most of the states are the
same X or current wife because theynever got divorced, gets fifty percent.
You and your stepsister split the otherfifty percent. You need a lawyer,
and I can't believe that six lawyersaren't going to do it, especially if
you're talking about assets find out.I'd hire a private investigator or figure someone

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out because now it's easy to dovia the internet to find out if there
are any assets in his name,bank accounts, etc. They're going to
be able to find out. Andif there is, you should have no
problem hiring an attorney. You're entitledwith some money. And I don't understand
how much he was distributed by executorthat didn't have the authority to do it

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because it was never probated in theproper county. So I don't know how
that happened. But yeah, yougot to find an attorney. That was
a little complicated. But yeah,the rules this is when you hire a
trust in a state attorney that cantake you through that crap. It's really
complicated stuff. I think I actuallyunderstood what happened. Boy, that's a
miracle. This is handle on thelaw. And oh, let me tell

(16:27):
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(16:52):
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(17:14):
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office suites NetSuite dot com slash handle. This is handle on the Law.

(17:40):
You're listening to bill handle on demandfrom KFI AM six forty. This is
KFI AM six forty handle here ona Saturday morning, the Legal show.
Eight hundred five two zero one fivethree four is the number to call and
still have lines open. So we'reoff to sometimes we start with the lines

(18:02):
being completely full, of the boardbeing full. It's warning a little light.
Eight hundred and five two zero onefive three four Judy, Hello,
Judy, welcome. What can Ido for you? Yeah? Hi,
Bill, I'm having a new roofinstalled in my house in Micah Roage.
Congratulations, I asked, So Iasked my next door neighbors to please cut

(18:23):
back the tree that is sitting onmy garage roof. Oh, it's so
his tree is over your property?Correct? Yes, yeah, that's easy.
And so you asked your neighbor toget rid of that tree branch it's
over my garage roof. And whatdoes your neighbor say, he asked,
He said, no, okay,that's easy. If he said, if

(18:45):
you wanted, you cut it,okay. And by the way, you
know, send them a demand thathe cut it. Not a problem.
And you go ahead and cut it, and you then turn around and send
them a bill for what it costyou to cut it, and then you
see him in small claims court andyou will win. It's real simple,
Bill. Okay, I did saythat because he says, if you wanted,

(19:08):
you cut it, okay. Okay, I understand that. Okay,
so now you said it, what'syour question, what's an attorney bill?
I don't care. It doesn't matter. If he can have he can attorney,
he can be an attorney all daylong. It doesn't matter because all
he can do is, I'll tellyou where his advantage is being an attorney.
He can kick it up to superiorcourt. You sue him in small

(19:32):
claims, he immediately files to moveup to spirit court. And it doesn't
matter because you still are in theright. He cannot say you have to
cut my tree which is on yourproperty. Doesn't work that way. So
what I would do is make surenone of this is verbal, make sure
you put it all in writing.And if you don't know an email,

(19:53):
then what you do is you getto send a certified letter so you can
prove it was sent to him witha copy of it, and you keep
that and we'll see how he responds. If you're lucky, he says,
too bad, you pay for it. You got him. Then you go
ahead and you tell them, okay, I'll cut it, but I'm going
to send you a bill. Andif he keeps on going, I assume

(20:14):
hi a small claims court. AsI said, but he kicks it up.
So that's the way it goes.And by the way, make sure
you kill the tree. Now thatis not particularly good legal advice, but
that's what I would do. Okay, does he have a dog? No,
No, he doesn't have it.Okay. Yeah, it's too bad
too, because you Okay, soa certified letter. Yeah, I would

(20:36):
demand, making that demand, makingthat demand and send me along the per
per our conversation you said, No, I am sending you notice that you
have ten days in which to paythis bill. You've got a bid on
it. And if you don't payit, If you don't either cut the
tree down or don't pay my bill, I'm going to take you a small
claims court. That's all. I'mgoing to take you to court. You

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don't even say small claims court.He knows a small claims court. You'll
do fine. Yeah, I'm anattorney. I'm not cutting down my tree
over your property. Yeah. Waittill that tree branch goes through your brand
new roof. Jody, Hello,Jody, Yes, yes, go ahead,
Jody. Yes. My husband passedaway and uh, he's got three

(21:22):
kids, and then his father andmother passed away, and his sisters gained
everything from their estate, and Iwas just wondering if the kids had any
kind of room. I'm a littleconfused here. Okay, your husband passes
away, all right, does hehave a will? No, it was

(21:44):
in the state. But okay withthat, So when your parents where his
parents passed away, was there awill leaving everything to the other people in
the family I have Okay, Sofirst of all, you get to hire

(22:06):
a trust in a state lawyer.That's going to do it if you have
a lot of money. Trust andstate lawyers get very excited about lots of
money. So let me get thisstraight. Okay, his parents dead,
you don't know where the property went. If there is no will and there
is no trust, then it goesto his children. Okay, then it

(22:30):
goes to his kids. If it'smoney isn't a trust, then that changes
everything. Then you have to followthe terms of the trust. And if
the money was pursued to a will, you get to do that too.
And since you don't know if therewas a will, you don't know where
it went. I'm not going tobe able to answer your question. But
thank you so much for calling.It's always a pleasure. Uh Mark or

(22:51):
Mark Killo Mark? Hello, Thisis not a political question. My question
is based on the parents of cognitivedecline. In Joe Biden the other day
in his space, if his wifewent to court to get a conservatorship,
would she be able to make presidentialprovisions? No, absolutely not. Now

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here's what happens according to the Constitutionis if a president becomes incapacitated or dies,
of course the vice president becomes Thepresident makes all decisions. Now,
the issue of incapacitation is really interesting. It takes the cabinet to decide if
he is incapacitated or not. Thecabinet has to vote, and that's pursuant

(23:37):
to the Constitution. Once the cabinetvotes that he is incapacitated, he's done
and it goes directly the vice president. The wife is never ever able to
make decisions. Although no judge wouldever grant the conservativeship probably well, yeah,
no judge of grant conservatorship as anindividual. But first the president is
removed for incapacitation, so that's takenoff, and then it just becomes a

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regular civilian matter where the judge looksat whether someone can make his own decisions
or her own decisions. Now,historically, here's an interesting one. Woodrow
Wilson, when he was president,had a stroke and his wife put him
in the back room, and sheprobably effectively ran the government because none of

(24:26):
his cabinet members or none of hissenior administrators and the government could see him.
She would come out and said Woodrowsaid this, this is a decision
he made, and no one reallyknows if that's the case or not.
But that's just a little historical tidbitthat I just pulled out of my rear
end. Okay, so there's theanswer. No, Joe Biden, the

(24:48):
president's wife would never ever be ableto make those decisions, not pursuing to
the law or the constitution. Itwas actually a pretty good question, you
know, and that is usually it'sa political crazy stuff that I get.
Hey, if the president does it, no, no, no, But
as you pointed out, this isa legal question. What happens is a
constitutional law question. Oh, goodfor you. This is handle on the

(25:12):
law, and this is kyfive.Don't handle here on Saturday morning, phone
number eight hundred and five two zeroone, five, three four and back
we go more handle on the law, marginal legal advice. Hi, Mary,
you're up. Welcome to the show. Yes. My question is I

(25:33):
was involved in an accident. Andas it went through, well, they
it went through arbitration and they decidedthat I was I was the one that
was at fault and when this accident, and the reason was because I didn't
yield the right away. And whenthe accident occurred, I was stopped at

(26:00):
a stop sign. It was afour way stopped. I was going north.
The other driver was going east andhe made a big turn and landed
in my lane, hit my car, and the damage is on the passenger
side of my car. Now,it went to arb arbitration and the final

(26:23):
decision was that I was the onethat was responsible, all right, and
I'm I'm a senior citizen. Seventynine years old? How old? And
yes? Go ahead? How old? Mary? Yeah? No, you're
a serious senior citizen. And youand I missed you. I missed when
you said how old you are?How old are you? I will be

(26:47):
seventy nine? He was, Really, that's not really a senior citizen.
I mean not not anymore, youknow. I mean you may be falling
apart for all I know, Buth okay, so you're seventy nine years
old. And the arbitration. I'massuming you were injured, correct, Well
I think so okay, no no, no, no, no, no,
no no no, that's a yesor a no. Pursuing to your

(27:10):
case. In your case, areyou claiming personal injury or is the other
side claiming personal injury? No?Okay, good, so personal injury is
off the table. So it's justproperty damage. Okay. And the arbitrator
said that you are at fault.All right, yes, Now what's your
question? The question, well,I the question what really concerns me?

(27:33):
What does this do to my record? It shows, well, it doesn't
show. If you weren't tagged fora ticket or anything, you're fine,
I mean if your record is okay, unless the police issue some kind of
a citation, which they usually don't. So what it does is it affects
your insurance, Mary, your autoinsurance is going up. That's all it
does, nothing more, nothing less. Yeah, and it's a non injury

(27:56):
accident, which is you know thatreally doesn't affect it, or shouldn't affect
it too much. Injury accidents areno fund because when the insurance companies write
a check for personal injury on topof property damage, that really affects your
in assurance. Bob, Hello,Bob, Welcome here. Bill. My

(28:22):
employee was just well, one ofmy employees I just let go and he
refuses to return the key to theoffice. So I'd like to be able
to withhold the cost of retooling theoffice from the final paycheck. Is that?
Yeah? I don't think you cando that. I think you can
sue him for it. That youcan do, and probably any bonuses I

(28:48):
think, but I think straight salaryI don't think so. But that's an
easy just you want to call theDepartment of Labor actually the State of California
Wage Enforcement Division of UH partner ofLabor Relations. I think they call it
and find that out. My guessis, no, you cannot withhold the
cost of retooling at all. Imean, what how much its gonna cost

(29:11):
you to Are you just talking aboutraking your entire facility? Right? Yeah?
Yeah, yeah? How much isthat? I don't know. Let's
say it's you know, it's aa couple hundred bucks, yeah, all
right, I mean is it worthit? And you could and if he
takes you to the labor board,you're probably gonna lose and you're gonna have
to pay him the money and maybesome fine and it depends on how angry

(29:33):
you are or you just you know, it's a couple of hundred bucks and
that's all you do, and yousuck it up. Of course you're angry.
I mean i'd be angry too.No, I'm not that angry.
Oh okay, yeah. Then youjust write it off. And that's like
the cost of doing business. Andif it's a two hundred if that's the
only thing you've lost two hundred dollarson your business this year, you know

(29:55):
you're way way ahead of the game. That's a good question, though,
Uh Jack, Hello Jack, Ye, yes it Jack, Yeah, listen.
Uh In Tarzana, I rented theshop for to build a little business
in two thousand and six. Inthere, I also paid a security posit
of one thousand bucks. The ownerdied. Now these new owners that came

(30:21):
in and they've raised it up fromseven hundred and fifty dollars a month over
the period of time to twenty threehundred dollars a month. I'm going for
that, all right, So you'reout, all right, I know I'm
getting out July. The end ofJuly. They they called me and said
I have to pay the full twentythree hundred dollars on the first here tomorrow.

(30:45):
Why did they give you notice?Wait? Did they give you sixty
days notice? I'm assuming you're ona month of month, months and months.
I gave them forty five days noticeon June tenth. Okay, so
you got out and then the Julyall right, So they have to give
you notice that they're going to increasethe rent. And if you're staying there
past your notice, you they can't. They can't increase the rent. You

(31:08):
just move out. You're not goingto pay twenty three hundred dollars a month,
just gonna leave. They did,they did put out notice. But
when wait a second, when didthey put the notice out? How much?
Sooner? A month ago? Okay, so and you're staying past a
month? Yeah, but I onmy I gave him notice on June tenth.

(31:30):
It doesn't matter. It doesn't matter. You gave them notice that you're
moving in two months. They gaveyou notice that we're going to raise your
rent before that, and if youstay, you're done. It depends on
you. They gave you notice thatends quicker than you gave them notice,
So they can't just leave and Iunderstand, you know, I'm not familiar

(31:52):
whether it's thirty or sixty days,but I wouldn't pay it. I wouldn't
at all. You've been hearing metell you about Zelman's minty Mouth Mints now
for a couple of months, andsome of you have ordered, and you
know what it's like. Some ofyou haven't, which I don't understand why
you're not using Zelman's minte Mouth mints. It's about fresh clean breath, that's

(32:13):
it. It's about fresh clean breaththat you can have all of the time.
Now you know occasionally you don't.But can you imagine what your social
life is like? Can you imaginewhat your business life is like? If
you have fresh clean breath forever,You're actually gonna get laid. Maybe people
are gonna like you, Probably not, but I'll tell you what is gonna

(32:36):
happen. You're gonna have great breathwith Zelman's mint Mouth mints and they work
like no other mint out there,guaranteed, And so go to the website,
go to zelmans dot com, zel M I n S money back
guarantee, which I've never seen anybodyuse. If you order multiple packs,
you get free shipping and take itfrom me. You know, I mean,

(32:59):
I have great breath. Everybody stillhates paper. It doesn't matter,
so go to Zelmans z E LM I N s zelmans dot com.
This is Handle on the Law.You're listening to Bill Handle on demand from
k f I A M six forty