Arkansas Loves the Ten Commandments

Handel on the Law. Marginal Legal Advice.

Episode Transcript

Speaker 1 (00:01):
You're listening to Bill Handle on demand from kf I
AM six forty.

Speaker 2 (00:09):
KFI AM six forty Bill Handle here Saturday morning. This
is our number two now of our three hours. And
it is great fun to tell you you have absolutely
no case.

Speaker 3 (00:20):
Previous hour, I did it to a few people. Yeah.
I enjoy saying you have no case.

Speaker 2 (00:27):
And then when you do, okay, then you know, I'm
not so excited when you really do, it completely bums
me out. Although when I tell you to go get
a lawyer of whatever specialty and this is what you need,
you know, or I tell you this one you can do.

Speaker 4 (00:42):
On your own.

Speaker 2 (00:43):
You don't need a lawyer for that. That's the way
this show works. And the number eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. And since we're opening the hour,
we generally of lines that are open more so than others.
And that's exactly what's going on. Eight hundred and five

(01:06):
to zero one five three four. This is Handle on
the Law Marginal Legal Advice, where I tell you you
have absolutely no case.

Speaker 3 (01:19):
Oh there is a case going on in Arkansas.

Speaker 2 (01:22):
Now, keep in mind, Arkansas is a pretty conservative state,
a lot of Evangelicals in Arkansas, but fundamental conservative Christians,
and they like religion obviously, And there has been an
ongoing battle, I mean for decades and decades where the

(01:43):
religious folks involved in education particularly want it is Christian,
want the classroom to be one of the avenues that
Christianity is taught or at least Christianity is promoted. And
the courts said, no, not at all. Prayer for example

(02:06):
in class No, that doesn't work. Even moments of silence, Nope,
that doesn't work. And certainly no books, and no aspects
of religion.

Speaker 3 (02:18):
Okay, So Arkansas passes the state.

Speaker 2 (02:20):
Law that requires Ten Commandments, the Ten Commandments to be
shown in classrooms and in a prominent way, not just
a little classified ad one you know, a little fortune cookie,
you know fortune No, No, in big enough, a big
enough document that everybody sees it. And typically the courts

(02:41):
have said, under the doctrine of separation of Church and states,
said no, you can't do that. Now that has happened,
especially during the War in Court. Ther War in Court
really expanded the separation concept where you know, for example,
nativity scenes and public parks, you really can't do it.
Some places you can depending, but you just can't do it.

(03:03):
So Arkansas passes a law conservative legislature. Of course, it
is requiring the Ten Commandments be shown in every classroom,
and of course the ACLU and other liberal organizations immediately
final lawsuit saying you can't do that. Now, I don't
know what the philosophy is of why the legislature passed

(03:27):
this law. One, I'm assuming because there are plenty of
religious folks that just believe in putting up the Ten Commandments.
Or two, maybe because the court has changed and has
become a super conservative court. And this one's gonna fly
because the Court as it is comprised today is more
conservative than it has been in probably eighty years, and

(03:51):
it's a big fan of religious freedom. And there's the
interesting one. Religious freedom is very fundamental to our constitution
in the United States. Separation of church and state. Well, yeah,
that that too, And when the two meet in the

(04:11):
schools and in public places, the separation of church and
state has won out. Now it may go the other
way because the Court is a much bigger fan of
religious freedom. And does that include this, Does that include
the Ten Commandments be put up on the wall of
every classroom. Well, a federal judge just said, no, you

(04:37):
can't do that. It is a violation of the separation
of church and state. Now how far does that go?
You bet this is going to be appealed. I think
it's going to go up to the Supreme Court personally,
and there'll be other cases that are filed, and what
the George the Court will do is they'll pull out

(04:58):
all the cases together and make a decision as to
this fundamental question and not just the Ten Commandments. Religious
tracts be put up there, although it has to be
pretty generic. I can't imagine they would put up Jesus,
for example, a portrait of Jesus up there. I don't
think that's going to happen. With the Ten Commandments, you know,
basically every religion, certainly every Gudeo christ religion of which

(05:23):
this country was based on beliefs in the Ten Commandments.
And now the issue of religious freedom. Religious freedom in
this country is probably the strongest freedom we have. It's
first amendment. And this country was founded on the concept
of religious freedom, that is the first thing found it

(05:44):
on the concept of religious freedom. So we'll see where
it goes. Fascinating stuff I have no idea where it goes.
If you had told me that five years ago, I
always said, there's no issue. Okay, let's go ahead and
take a phone call. Here as we go, let me
get the icon going by Thomas.

Speaker 3 (06:02):
Hello, Thomas, welcome.

Speaker 4 (06:05):
Hello Bill. How do you do?

Speaker 3 (06:07):
Yes, sir, okay.

Speaker 4 (06:09):
I was bitten by a dog on a walk two
weeks ago. It's going to leave scars. I had to
go to the emergency room. I'd been diagnosed with having
PTSD and Skitzo effective disorder, and for the last couple
of years I've been working on getting back out of
my house, going for a twenty to thirty minute walk

(06:31):
a day, and now I can't do that anymore because
I'm terrified to neighbors dog is going to get me.
They didn't take it all right.

Speaker 3 (06:39):
So let's let me ask a couple of questions.

Speaker 2 (06:42):
When you said you were bitten by a dog and scars,
where were you bitten on the back of my calf?

Speaker 3 (06:49):
On the back of your calf?

Speaker 2 (06:51):
I mean, I always feel so much better if the
dog had ripped open your face and you needed eighty stitches,
that would be a better case. The back of your calf,
and the medical part of it is not going to matter.
The fact that there's a scar on the back of
your calf doesn't make any difference unless you're a calf model,
unless you make your living showing your calves, and I

(07:12):
don't know anybody who does.

Speaker 3 (07:14):
So that part is gone.

Speaker 2 (07:16):
Now the emotional damage here, the PTSD, that is something
that is worth talking about it.

Speaker 3 (07:26):
So my question is how long ago this happened? Two
years ago? Two weeks oh, two weeks.

Speaker 2 (07:33):
Ago, and already you've been diagnosed with PTSD.

Speaker 4 (07:38):
No I gut social security because of PTSD and schizo.

Speaker 2 (07:43):
Okay, so all right, great, And how do you know
it made it worse? Who told you two weeks ago?
Which psychologist said it made it worse?

Speaker 4 (07:54):
Well, no one said it made it worse. Yet I
just can't go outside anymore. I've been working on going outside.

Speaker 3 (08:00):
Okay, I understand.

Speaker 2 (08:02):
Who said you recognize that you can't go outside and
that is a medical psychological issue or is that just
your opinion or your experience.

Speaker 4 (08:13):
That's my opinion. But I do have appointments scheduled, Okay, okay.

Speaker 3 (08:18):
Fair enough, Okay, So this is premature.

Speaker 2 (08:22):
It may be legitimate, it's not going to be easy
because it's very subjective, by the way, very subjective.

Speaker 3 (08:28):
But you know it can work.

Speaker 2 (08:30):
It has happened if you can establish that you are legitimate.
I'm not by the way, I'm not saying you are.
This is not legitimate. You don't sound like a crazy person.
I get plenty of them on the show. It's a
question of proving the legitimacy.

Speaker 4 (08:45):
And the psychologist got records going back with the same
people per years.

Speaker 2 (08:49):
No, hey again, I don't disagree. You might very well.
You probably do have PTSD. It absolutely has been diagnosed
and you suffer from it. Now the question of how
much more PSD do you have the exasperate the exacerbation
of PTSD.

Speaker 3 (09:07):
How much is it? Is it a little bit? Is
a lot.

Speaker 2 (09:10):
The shrink is going to have to determine it, and
then you're dealing with the neighbor who the insurance company
is not going to just roll over on that.

Speaker 3 (09:19):
So it is a case that will be very difficult
to prove.

Speaker 2 (09:23):
And frankly, I got to tell you, I don't know
if any lawyer that would take this case. I don't
know if any lawyer that would take this case. It's
unfortunately just isn't the case. But let me tell you
about the case of your well, let's just say smelly breath.
And no, you don't have it, of course, not because
you don't wake up in the morning and and have

(09:44):
bad breath. Because you never go to sleep, you never
wake up, or you don't drink coffee, or you never
eat onions or garlic or any kind of foods that
can cause and do cause the smelly breath. Because let
me tell you, not only in your mouth like morning breath,
but also it happens in your stomach. You eat food
and the food digests and it's sitting there and churning

(10:06):
and burning, and you know breath comes out of that.
You know it does smell. So let me tell you
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Speaker 3 (10:20):
I love these things.

Speaker 2 (10:21):
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(10:44):
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Speaker 3 (10:58):
This is Handle on the Law. This is KFI.

Speaker 2 (11:03):
AM six forty handle here on a Saturday morning right
up until eleven o'clock where rich Dmurrow jumps in with
the tech show. In this afternoon two to five o'clock,
it will be the Fork Report. Neil Savedra, the Fork
Reporter is broadcasting live on a remote broadcast at the

(11:24):
Disconso restaurant. Now phone numbers which we have lines open
and you get to jump in. Eight hundred five two
zero one five three four. That's eight hundred five to
two zero one five three four.

Speaker 3 (11:41):
This is Handle on the Law.

Speaker 2 (11:43):
Marginal legal advice where I tell you you have no case,
or you may have a case, or you do have
a case, but you're gonna lose it.

Speaker 3 (11:54):
That's also fun too.

Speaker 2 (11:55):
That's almost this fun as Actually it's more fun than
no case, because yeah, you have a case, but there's
no chance to win. That's a tough one. Here we go, Nick,
welcome to handle on the law.

Speaker 5 (12:08):
Yeah, good morning, Bill. Yes, sir, my father died. When
my father died, he left everything to his wife, is
actually my stepmother. She did put one stipulation in the
will that said if she was to sell his apartment
and to invest the money in brick and mortar and
other bonds, et cetera. But when she died, that money

(12:31):
was to be returned to myself and my brother. She
did die this year, and he left everything in her
will to her niece. Her niece says, well, after luck
on the money, buddy, she left it all to me,
But my father's will stipulated that that money should come
to us. Who's going to get it?

Speaker 2 (12:54):
Yeah, and that stipulated upon his death that it goes
to her. And so let me ask you if she
spent the money When you talk about brick and mortar, okay,
you're talking about the purchase of any property, physical property.

Speaker 3 (13:10):
I'm a little bit I'm a little bit confused here.

Speaker 5 (13:13):
Yes, she owned her own apartment, but then with the
money that she got from selling my father's apartment, he
purchased a second apartment, so she probably rented it. So
it's my belief that.

Speaker 3 (13:30):
I understand. So the argument, the argument, yeah, the argument.

Speaker 2 (13:33):
The argument is going to be, this is the basis
of your inheritance, and she's arguing that it's her. She's
arguing it's her money, come hell or high water. Now,
I don't do a state planning, and I'm not an
a state attorney, but I'm willing to guess that the
money that you do get the money from her. But

(13:54):
I don't know what if she what if she put
it into annuities, for example, and didn't buy a piece
of property, and she's arguing there's no difference.

Speaker 3 (14:03):
I got the money.

Speaker 2 (14:04):
So the answer to that one, with my vast knowledge
of real estate and not only real estate but a
state law, is I have no idea.

Speaker 3 (14:16):
All right, this one, I think I have an idea. Hello, Jane, Hey,
how you doing? Yes, sir, what can I do for you?

Speaker 4 (14:24):
Okay? So about in twenty twelve, I rent, I leased
a solar system from Solar City, put it. They put
it on my roof about ten years and during and
when I leased it, they said, if you ever need
a new roof, they'll remove it replace it for five
hundred dollars. So ten years later, I need a new roof.
They came out, did surveys, they approved the roof type,

(14:46):
they took it off. They said, this is a really
old system. You're going to probably they're going to apply
have to replace. I said, well, whatever, they can replace it,
do whatever they want, but the old one back on.
Just you know, we'll get it back on. And so
I after about six nine months, they kind of put
me off, gave me a lot of excuses, said we
don't have the right mounting parts and brackets yet, and

(15:08):
a lot of you know, just kind of not answering,
you know, why they're not putting it back on the roof.
So finally, and this was under the solar contract and
also the builders contract that they had me signed. And
so by after about eight months, I looked at my

(15:32):
you know, contract said the answer to this problem is
going to be arbitration. Right So I when I said, okay,
let's file arbitration. So they filed triple A arbitration. I got.
I was going pro se with it and talking to
one of their in house counsels. That guy kind of

(15:52):
dogged me and didn't really try to settle it at all.
So finally the I think I reached out to an attorney.
I said I need you know, I probably need help here,
because at that point they they hired an outside attorney.
I grew up really high in San ramon attorney and

(16:14):
I thought, well, maybe I need a little more help.
So went to arbitration. After preparing extensively, you know, many exhibits,
all kinds of preparation got there. Because I was represented
by attorney, I couldn't talk, and unfortunately, the day of arbitration,
my attorney had no clue what to do. He thought

(16:35):
he could settle this thing, but didn't know how to litigate.
So they basically, you know, said they were gonna have
a witness to say, okay if they're just here to
determine your losses. So he kind of froze up. So
they said, wait, we're not going to have our witness.
We're done. So the arbitrator gave his ruling. He said,

(16:59):
no one wins in the case, but we're not We're
not going to put the the system back on the
roof because part of the thing that I did is
I put in new I have.

Speaker 6 (17:10):
I got it.

Speaker 3 (17:10):
I got it. Okay, I got it. I got it.
So they actually they actually won.

Speaker 2 (17:16):
They actually won because they are not writing you a
check and they don't have to put the solar system
back on your roof.

Speaker 3 (17:22):
That's a win for them.

Speaker 4 (17:23):
True.

Speaker 2 (17:24):
Okay, So what then the question become and then the
arbitrator effectively ruled against you two questions? Is it binding
arbitration or non binding arbitration? It's some binding Okay, that's
the decision that was made by the arbitrator. And unless
the arbitrator made a completely wild, capricious, insane decision and

(17:48):
there's nothing reasonable about what the arbitrator said, Uh, that's
the decision.

Speaker 3 (17:53):
Uh. You got a bad lawyer who didn't prepare. Uh there.
I don't know why he.

Speaker 2 (17:59):
Didn't put you on the stand uh and talk about
your problems, or not put you on the stand actually
ask you to testify.

Speaker 3 (18:06):
I don't know any of that.

Speaker 2 (18:07):
Why he didn't do that. That doesn't make a lot
of sense. What you do is you have a malpractice
Why he.

Speaker 3 (18:15):
Didn't have the ability to put to ask you questions?

Speaker 4 (18:19):
I tried to even tell him to ask me a questions.

Speaker 3 (18:21):
Okay, you got a bad lawyer, all right, You got
a bad lawyer. You got a bad lawyer, all right?
You hire the wrong guy. And so now do you
have a malpractice case?

Speaker 2 (18:29):
Yeah, maybe you do, but you know you're gonna have
to and unfortunately, you have to prove the underlying case
that there was malpractice.

Speaker 4 (18:38):
What's the status limitations on malpractice?

Speaker 3 (18:40):
This was now I think three years. I think it's
three years something like that.

Speaker 4 (18:44):
Okay, I'm still paying Sea.

Speaker 3 (18:47):
I know you have a contract.

Speaker 2 (18:49):
Yes, I understand you got a contract that goes for
twenty five years or whatever.

Speaker 3 (18:53):
Uh and if you stop paying, their.

Speaker 2 (18:56):
Ability to sue you is four years on a written contract.
So the malpractice, which is a different legal concept, I think,
is three years.

Speaker 3 (19:06):
How long ago has this.

Speaker 4 (19:07):
Been since the arbitration? About two years?

Speaker 2 (19:11):
Okay, you're okay, So you filed for arbitration within three years. Okay,
that's considered I think legitimate. The point is, I think
he got screwed by the arbitrator. More importantly, got screwed
by your attorney.

Speaker 4 (19:25):
Oh no, the guy was in their pocket. Yeah absolutely, Well.

Speaker 3 (19:27):
How do you How do you know the guy was
in their pocket?

Speaker 4 (19:31):
Because they said you can pick a tesla, arbitrator or
someone else. So I thought, oh, this guy would be familiar, but.

Speaker 3 (19:37):
They went Okay, but hang on a minute.

Speaker 2 (19:39):
But you you went under trip LA, you went into
the American Arbitration Association. How did why and how did
the opposite team pay these guys that they're in their pocket.
You obviously have a check, You obviously have a receipt,
You obviously have proof of a transfer to them from

(19:59):
the loaf.

Speaker 3 (20:00):
I'm correct.

Speaker 4 (20:02):
Yeah. My only my speculation is though.

Speaker 2 (20:04):
Okay, there you go. My speculation. How do you how
do you how far do you think my speculation goes?

Speaker 3 (20:13):
Yeah, not very far? AI everywhere?

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Speaker 3 (21:36):
This is Handle on the Law.

Speaker 1 (21:39):
You're listening to bill Handle on demand from kf I
AM six forty.

Speaker 2 (21:46):
KFI AM six forty Bill Handle here on a Saturday morning.
Eight hundred five two zero one five three four. That's
eight hundred five two zero one five three four. Welcome back,
Buck and Handle on the Law. Marginal Legal Advice, Mark
Yellow Mark Mark Are you there?

Speaker 6 (22:10):
Yeah?

Speaker 4 (22:11):
Can you hear me?

Speaker 3 (22:12):
I can now? All right? What can I do for you?

Speaker 7 (22:15):
I had a fire burned my house in the Paradise,
California fire in twenty eighteen. Yeah, and I had and
I had a couple of travel trailers up there because
there was an acre lot, and afterwards I tried to
put a trailer up there and they notified me and
said I need to have a permit for a trailer,
which I understand. They sent me the paperwork and all

(22:39):
they have options just is for temporary storage permit, and
I didn't want to sign that. So now they're starting
to bill me five hundred dollars at random and say
that they can lean my property because of this. The
town of Paradise, I understand, doesn't want to have a
trailer you know, village up there.

Speaker 4 (23:02):
But what are my rights on that? Well?

Speaker 2 (23:04):
Here, the town of Paradise doesn't want to have a
trailer village, all right, I think you just said it.
Does the town of Paradise have the right to not
have a trailer village?

Speaker 3 (23:17):
You bet it does. And as long as.

Speaker 2 (23:20):
They're not crazy with their per betting process, now you
can argue that they are not even talking about trailers
to live in. They're only talking about storage trailers, of
which you got the permit. But they have the right
every bit, right especially, I mean this, you're talking how
long ago twenty eighteen, you're talking what eight eight years

(23:44):
ago when this happened, and so you live in a trailer.

Speaker 4 (23:49):
Oh no, I don't live in it. It's just stored.
I live in southern California.

Speaker 2 (23:54):
Okay, So they have a right to say we don't
want it. Yeah, what are your rights under these circumstances?
You don't have any The city has the right to
do that, and you k you called it perfectly. They
don't want a trailer village in the town of Paradise.
And the only issue do they have a right to
do that?

Speaker 3 (24:14):
Yes? Any other questions?

Speaker 7 (24:16):
Yes, when I asked them, telling them that I had
two trailers before the fire and I should be grandfather,
and he said, yes, you can have two trailers. You
just need to fill out the paperwork. So when I
did not do that, he's ticketing me for one trailer.
I also have a nineteen fifty six air gream And
I said, look, that's wait, wait one, let me get

(24:38):
this or how can he? Is he justified in billing
me for one trailer and not the other?

Speaker 3 (24:44):
Yeah, you're lucky, Yeah you're yeah, you're lucky. Yes, he's justified.

Speaker 2 (24:49):
Uh, yeah he is. And if they missed one, if
they miss one trailer, what you're saying is it's illegal
to have trailers.

Speaker 3 (24:59):
They're only nailing me for one trailer.

Speaker 2 (25:01):
Therefore, I want some kind of compensation because they're not
nailing me for two violations.

Speaker 3 (25:08):
Yeah yeah, yeah, yeah No.

Speaker 2 (25:11):
That's the way we put it, and that's the way
it's going to look. Maryland, Hi, Marylyn, Welcome, Hi Bill.

Speaker 8 (25:20):
I had a doctor that was in Torrance and then
he moved to Arizona, retired three and a half years ago,
said that his patients could always reach him now, that
he was going to be a concierge doctor for two
thousand dollars a year and one hundred and fifty dollars
per telephone call, but that he would be back in
his Torrent's office once a month to see his patients.

(25:41):
He hasn't been seen since, without any exam for three
and a half years, and only be able to reach
him when he finally realized that he could un block
me from his telephone, which I have been for three years.
I've now been diagnosed with kidney disease along a couple
of those things because I haven't had an annual exam

(26:03):
for three and a half years. I'm very sick and
been seeing an aprologist. They're going to work with me
on the kidneys. But I still haven't seen him. It's
been three and a half years and paying two thousand
dollars a year.

Speaker 5 (26:19):
You've been taking a telephone.

Speaker 2 (26:21):
Call and you've been paying two thousand. You've been paying
two thousand dollars a year, is what you're saying.

Speaker 3 (26:27):
Yes, okay, And.

Speaker 2 (26:30):
He is charging you one hundred and fifty dollars a
phone call, and you've been trying to call him and
you can't get through or he won't answer the phone.

Speaker 8 (26:38):
For the first year, I couldn't get through because my
number was blocked. Finally he figured out how to unblock it.

Speaker 3 (26:45):
Okay.

Speaker 2 (26:45):
So it was a year you couldn't get through and
you paid two thousand dollars. The second year you were
able to get through and you made some phone calls.

Speaker 3 (26:53):
Do I have that correct? And he talked to you, Yes.

Speaker 8 (26:57):
Tell him what was wrong with me, he'd write a prescription.

Speaker 3 (27:00):
Okay, And he didn't and he didn't diagnose you. Okay.

Speaker 8 (27:05):
We've never seen him in three and a half years.

Speaker 3 (27:07):
Why did you keep on paying him? Okay, there's your defense.

Speaker 2 (27:12):
I am a schmuck and I don't know you even
know where you go with that, And if you're talking
kidney disease and you're in pain, Marilyn, you are, You're
out of your mind not to go to another doctor.

Speaker 3 (27:25):
Do you have a case? Yeah, obviously now you have
been and here you are. Your kidneys are falling apart.

Speaker 2 (27:32):
And I don't know what how much warranty did you
give you on your kidneys? By the way, where he
said I am warrantying against kidney issues for the next
what two years?

Speaker 3 (27:41):
Three years? Written warranty on.

Speaker 2 (27:42):
The kidney's probably die. Now the liver is different. You
can warranty your liver, right, the defense is And if
I don't know how much of a defense you just
kept on paying. Now you're saying he breached all over
the place. I think he did based on what you said.
You've paid him X number of dollars. You relied on him,
he was your doctor. Yeah, I think you can sue

(28:06):
him simply on a basis of breach of contract. Now,
the fact is that he charges two thousand dollars and
one hundred and fifty dollars per phone call. Is that
in writing? Is that a contract that you have or
is that just verbal?

Speaker 8 (28:22):
That was verbal?

Speaker 4 (28:23):
Oh?

Speaker 3 (28:24):
Yeah, where are you gonna go with that.

Speaker 2 (28:26):
Now, are you still your argument is why would I
pay him then?

Speaker 3 (28:32):
But he can argue.

Speaker 8 (28:33):
Here the second year, he didn't charge me to make
up for the first year with the black Stone call.

Speaker 3 (28:38):
All right, So that's part of the argument you have.
That's part of the argument you have.

Speaker 2 (28:43):
So I see a breach there, I do, no, but
I see small claims.

Speaker 3 (28:48):
That's it. The medical part.

Speaker 2 (28:49):
I don't think you have a You can't touch and
where the real issue is the medical part because you're
out a couple thousand dollars and I'm gonna ask, Okay,
why don't you go to another This is crazy? So
you're got to argue that it was a breach. He agreed,
I agreed. It's a verbal contract. Here's the proof that
I've paid. He never called me back the first year. Yeah,

(29:10):
there's a breach there, but it's basically small claims. The
rest of it I don't see at all. This is
handle on the law KFI handle here. It is a
Saturday morning coming up, Rich Demurrow with the Tech Show. Also,
as I finished show at eleven o'clock, still take phone

(29:32):
calls off the air, So I'll tell you more about
that later in the meantime. The number here is eight
hundred five two zero one five three four. You know
we've had calls, but we've had lines open all morning long.
So if you want to jump in, please do eight
hundred five two zero one five three four.

Speaker 3 (29:54):
Welcome back.

Speaker 2 (29:55):
Handle on the law bill handle here marginal legal advice.
Hey Anne, you're up.

Speaker 3 (30:01):
Welcome good morning. Let me say yes, ma'am. Go ahead.

Speaker 9 (30:05):
My brother, my brother and I need some control and
oversight of my mom's checking account. But we don't want
ownership of the money. We just need to be able
to talk to customer service, go into the bank and
talk to people. But we don't want ownership of the money.
So what how do we title the account? How do
we change that?

Speaker 3 (30:22):
Okay?

Speaker 2 (30:23):
Well, here is the question. The checking accounts in your
mom's name, right, correct?

Speaker 3 (30:29):
Okay? And how old is your mom? Just curious? Okay?
Does she ever wits about her?

Speaker 6 (30:37):
She?

Speaker 5 (30:38):
Mostly? Yes?

Speaker 3 (30:40):
Mostly? All right.

Speaker 2 (30:41):
The only way you're going to have access to her
bank account is to file a conservatorship. Now she can
give you. Now, she can give you a power of attorney.

Speaker 3 (30:54):
Would she be willing to do that? Saying we're going
to let.

Speaker 2 (30:57):
You have access and and the bank has to accept that,
and a lot of banks don't a lot about my mother.
For example, I needed to go into her checking account
and she gave me power of attorney and the bank
wouldn't recognize it. And we went back and forth, do

(31:19):
I need a conservatorship?

Speaker 3 (31:20):
Do I not?

Speaker 4 (31:21):
Well?

Speaker 2 (31:21):
I ended up they did accept the power of attorney,
but it took months to do that. So will your
mom accept will will your mom allow you to have
power of attorney? Question number one?

Speaker 1 (31:32):
Probably?

Speaker 9 (31:33):
Probably, it's not just over like one. Yeah, that's just
one thing, like just a checking account doesn't effect her
whole life.

Speaker 2 (31:40):
No, it's a if you get power of attorney, she
can say I give my doubt daughter a power of
attorney over all finances, and you then have a power
of attorney. But again, whatever financial institution that the money
is parked in, they can say we don't recognize this,

(32:01):
and that's what happens.

Speaker 3 (32:03):
So at the end, at the.

Speaker 2 (32:06):
End, conservatorship is what is going to nail it completely.

Speaker 3 (32:10):
So then there is no issue.

Speaker 2 (32:12):
Now your mom can even allow a voluntary conservatorship where
you go, hey, mom, we want.

Speaker 3 (32:20):
To take care of you. This is complicated stuff.

Speaker 2 (32:23):
We want to make sure that your bank accounts are
dealt with appropriately. We don't want the money, We just
want to make sure it's all copasetic. Now, if she
believes you, and she has, and there's no reason why
she wouldn't, if you have a great relationship and you
portray it that way as opposed to take control over

(32:44):
her life, it's mom, we need this to make sure
that all of your money is protected, and of course
we would never take your money. Then you may be
okay and do it, and it's a voluntary, a voluntary conservatorship.

Speaker 3 (33:00):
No, all right? Oh hell oh Byron?

Speaker 6 (33:07):
Byron, and then you bring your suitcase.

Speaker 3 (33:09):
Yeah, Byron, you're on with handle.

Speaker 6 (33:12):
Hello, your idea on the street? Can you tell that
your shit gonna be gone?

Speaker 2 (33:17):
Did anybody understand a word that Byron just said? I
mean one word? Byron? We can try this again. Also
keep in mind that this show is done in English. Okay,
So Byron, are you there and can we get started?

Speaker 6 (33:33):
Yeah?

Speaker 3 (33:34):
Okay? What can I do for you? Byron? What can
I do for you?

Speaker 6 (33:37):
Okay? I have a situation where I'm dealing with a
miscarried to justice. My mother died. She had a trust
and she had a poorlar wheel, and the poorlar wheel
dictated that all of her real property was to go
to a trust. Some of the properties that had not
been transferred to the trust is like two or three properties.
The rest of them, there was like eighty five percent

(33:58):
of the state was already transferred. So therefore all the
thing that was required was a headstead motion. My sister
went and lied to the court. She knew that my
mother had left her out of the state. She went
and lied and forced it into probate, claiming that my
mother died in testate. And that's not true. That the
trust and the will they events lied in court.

Speaker 3 (34:17):
Okay, did you have why wait? Wait, did you have
a copy of the trust and the will?

Speaker 6 (34:24):
Yeah, they're in the court, okay.

Speaker 2 (34:26):
And and the court said that there is no trust
or will.

Speaker 3 (34:31):
Is that correct?

Speaker 6 (34:31):
No? No? Here what they did here? What they did? Now,
let me play very quickly and briefly. What the court
said was they allowed her to file seventeen two hundred.
If seventeen two hundred, you have to be a beneficiarya
of the trust or a trustee, or you cannot file
seventeen two hundred for that means she had no standing
to file seventeen two hundred. The judge throw a real
curve ball. He allowed, he pretended to allow her to

(34:53):
allow her to file seventeen two hundred, and legally she couldn't,
so therefore she had no standing. Therefore the court had
no jurishim.

Speaker 2 (35:02):
He pretended to give her standing. I don't quite understand.
Did she did the judge give her Did the judge
give her standing?

Speaker 3 (35:11):
Yes? Or no?

Speaker 6 (35:13):
He he permitted it, but by law it is not
permisserable because okay, he gave so.

Speaker 2 (35:18):
He gave her standing. Correct, He gave her standing and
agreed and agreed that that there was no trust or will.

Speaker 3 (35:29):
And there in front of him is the trust and
the will. Do I have that right?

Speaker 6 (35:34):
Correct?

Speaker 3 (35:35):
Okay, Yeah, that's appeal that's appealable. That is appealable.

Speaker 2 (35:39):
And as a result and as a result of him
him saying there is no trust and will even though
it's in front of him, uh, and she has standing,
what did the court do?

Speaker 6 (35:53):
The court? Okay, here's the thing. What the court did
was they hit me with day Cooley and terminating sanctions
and to out to trust because I did not answer
the interrogatory knocking on your door.

Speaker 2 (36:05):
Why why didn't you answer? Why didn't you answer the interrogatories.

Speaker 6 (36:10):
Because that's like me knocking on your door with a
badge and tell y'all want to search your house.

Speaker 2 (36:14):
Okay, the judge said, he wants to search your house.
The judge said, he wants to search your house.

Speaker 6 (36:19):
Right, So not the judge that was theerre. No, none
of the point is his laws. And so if she
has no standing to follow seventeen two hundred, he has
no jurisdiction to hear it. And so what we're dealing
with is fraught upon the court by the court because.

Speaker 3 (36:35):
The court, the court defrauded itself.

Speaker 6 (36:38):
Well you know what, I know, I'll figure it out.

Speaker 2 (36:40):
Yeah, yeah, well okay, I think you have a hard time.

Speaker 6 (36:44):
Here's the deal. Here's the deal. Here's the deal. Here's
the deal. She had. So he hit me. So he
says he conclded that she had no standing, but he
said he still had jurisdiction, jurisdiction to the web besides this,
Missress Kate.

Speaker 2 (36:58):
Of course, of course he had jurisdiction. He has jurisdiction,
whether it's a file for an intest state which means
no will, or a filing of the will and the trust.
Of course he has jurisdiction when you put it into court.
Yeah all right, all right, yeah, it's great. I was

(37:19):
talking to you. It made so much sense.

Speaker 4 (37:22):
Yeah.

Speaker 3 (37:23):
Yeah, So let me get this right.

Speaker 2 (37:25):
The court has no jurisdiction, even though it does has jurisdiction.
The court said that there is no will and there
is no trust, even though the will and trust is
in front of him.

Speaker 3 (37:35):
Yeah. Yeah, you don't sound like your nuts at all,
do you? If you happen to.

Speaker 2 (37:40):
Live in chronic pain or know someone who does, and
I'm in the know someone who does, I live with
someone in chronic pain, a man, It is rough all
the way around, frankly, not just the person who has
the pain, but also those loved ones who are dealing
with it and the frustration and just it just hurts

(38:02):
all the way around. So let me suggest you listen
to the Pain Game podcasts because the Pain Game podcast
is about helping people.

Speaker 3 (38:09):
It's that simple.

Speaker 2 (38:10):
The Pain Game podcast is hosted by Lindsey, who suffers
from chronic pain Big Time twenty four to seven, and
this is how she deals with it by helping you.
If you live with pain, if you're treating people with pain.
If you have a loved one with this kind of
pain twenty four to seven trauma, the Pain Game Podcast

(38:31):
could very well be your answer.

Speaker 3 (38:33):
Now, is it going to cure the pain?

Speaker 4 (38:34):
No?

Speaker 3 (38:35):
Is it going to help you deal with the pain?
You bet?

Speaker 2 (38:38):
Because every episode ends with a message of hope, and
that is so important, and so if you are under
any of those circumstances, if you have any of those
circumstances in your life, the pain, the dealing with pain,
the treating pain, I think you're going to enjoy the
Pain Game Podcast.

Speaker 3 (38:56):
Even if you know someone in pain.

Speaker 2 (38:58):
It's worth listening to the podcast, The Pain Game Podcast.
You can follow on social at the Pain Game Podcast.
That's at the Pain Game Podcast, and the podcast is
called the Pain Game Podcast. Wherever you listen to podcasts,
the Pain Game Podcast. This is Handle on the Law.

Speaker 3 (39:20):
You've been listening to the Bill Handle Show.

Speaker 2 (39:22):
Catch my show Monday through Friday, six am to nine
am and anytime on demand on the iHeartRadio app.