Episode Transcript
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Speaker 1 (00:00):
You're listening to kf I AM six forty the bill
Handles show on demand on the iHeartRadio ff I AM
six forty bill Handle.
Speaker 2 (00:10):
Here it is a.
Speaker 1 (00:12):
Saturday morning, one more hour to go for the legal show.
And then at the end of the show when I
lock out and say goodbye, and Rich Dumurrow comes aboard
with the Tech Show from eleven to two, and then
Nil Sevadri comes aboard from two to five with the
Footy Show. I still will take phone calls at the
(00:34):
end of this show, and I'll explain all of that
if you happen to be on hold, or I'll continue
on for a while so everybody gets there's their question answered. Also,
you can call in now. Even though we're pretty good
on phone calls, we still have a couple of lines open.
Eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
(00:57):
number to call, as it has been and God ever
since I've been working here at KFI.
Speaker 2 (01:03):
You and that was good. Lord.
Speaker 1 (01:07):
I don't even know if television had been invented yet
when I started. This is handle on the law marginal
legal Advice, where I tell you have absolutely no case.
Speaker 2 (01:19):
This was a case that was a case.
Speaker 1 (01:21):
That went around the world and turns out that people
actually do have no case. So this was Alec Baldwin
and he was star and the producer and the creator
and I guess the money people behind the movie Rust
Rust being an old time Western, low budget and it
was had the crew on there as you would normally think.
Speaker 2 (01:43):
And what he did during the course of rehearsals he.
Speaker 1 (01:49):
Had a gun part of the part of the entire scenario,
and he points the gun at the camera, which happens
all the time whenever you see the camera being pointed
at you when you're watching a TV or movie show
or a movie, you're looking at a gun being pointed
at you. And if the gun is, in fact, if
(02:11):
the bullet is, if the triggers pulled and it's a blank,
of course it's a blank.
Speaker 2 (02:16):
Except in this case it wasn't a blank.
Speaker 1 (02:17):
For some reason, a couple of live rounds were put
into that gun. Don't know how yet, we have no
idea how those live rounds were put in and Baldwin
pulled the trigger and the cinemahotographer, Helena Hutchins, was killed
and the assistant director was wounded and Baldwin was well.
(02:38):
He was charged, and there we found out there's all
kinds of problems on the movie set in safety features
were not followed, protocol was not followed, the armor. Actually
she went to prison for a little while. And so
now we have the lawsuit and Alec Baldwin was charged,
(03:00):
arged criminally for it was manslaughter for killing Helena Hutchins. Well,
I mean it was clearly it was negligence. I mean,
you think he purposely killed her. Right, He's pointing a
gun at the lens and this is part of what
the movie is going to be about, and he shoots
(03:21):
it off, which is what they do, and there's a
live bullet in there, and somehow he's at fault with that.
Speaker 2 (03:27):
He should have known.
Speaker 1 (03:28):
I mean, there are armors and there are all kinds
of protocols. These guns are locked up and bullets are
checked to make sure that they're blank. And so for
some reason the New Mexico authorities, the prosecutor wanted to nail.
Speaker 2 (03:42):
Baldwin and it was a ridiculous case.
Speaker 1 (03:46):
It was insane, made no sense to charge him criminally,
and they dismissed the case after what a year and
as they should have this crazy ass case. So now
he durrounds and sues in him and says, the only
reason you're suing me with a case that is this
bad is because I'm Alec Baldwin, and you're gonna make
(04:10):
big points if you convict me or try to convict me,
because you can argue, oh.
Speaker 2 (04:14):
We're not No one's above the law.
Speaker 1 (04:16):
We will take anybody seriously who commits any kind of
a crime, no matter who he or she is. I mean, I, oh, crapola.
And it was just so stupid them taking him to court.
We're charging him. So he wins that one, and now
he is suing them for basically prosecute prosecuting him when
(04:38):
they shouldn't. I think there was a decent suit that
was just dismissed. Now, why would you think that lawsuit
would be dismissed? Is it because he has no case? No,
I think he does have a case. Is it because
there was some kind of prosecutorial or defense, some kind
(05:02):
of product of protocol that was being violated, some kind
of a criminal or a civil violation of the way
the court was, the way it was filed. No, No,
totally legitimate. The reason the judge dismissed the case. Is
after Alec Baldwin filed the lawsuit against the New Mexican Authority,
(05:23):
nothing happened, and the judge said, you didn't do anything.
Speaker 2 (05:28):
You didn't go ahead.
Speaker 1 (05:30):
With depositions, you didn't go ahead with discovery.
Speaker 2 (05:34):
All you did was file.
Speaker 1 (05:37):
And now what So what the judge did is dismissed
the case because of non activity.
Speaker 2 (05:46):
You can't just file lawsuit and let it sit there.
Speaker 1 (05:48):
You've got to actually go ahead and prosecute the lawsuit.
And so the judge tossed it and said you're done.
It's not simple. So this is it going. I don't
know they're gonna Is he gonna refile his suit? I
don't know if it was done with prejudice or without.
If it was done with prejudice, that means it's over
(06:11):
and Baldwin can't go another foot. It was done without prejudice,
then Baldwin can come back and continue the suit or
actually have to refile it. All right, Uh, back we go,
Harry Gomark, you've been there for a while, Hella Mark, welcome.
Speaker 3 (06:30):
Hi Bill. My friend is a life estate on a trust,
but she doesn't want to live in the house. Her
grandkids are the trustees of the house. Can she force
the sale of no ouse?
Speaker 2 (06:49):
Absolutely not. She only has a life estate.
Speaker 1 (06:52):
A life of state gives her no rights other than
to live there for the rest of her life. That
is a life state. And if she elects not to live.
Speaker 3 (07:03):
There, then the life of state want to live there?
Speaker 2 (07:05):
Okay, then there's no life of state.
Speaker 1 (07:07):
Then it says, if there there is no life of state,
property is free of any encumbrances. A life of state
is an encumbrance on the house. And so it's is
it free for.
Speaker 2 (07:19):
Her to live there?
Speaker 1 (07:21):
Usually yes, Okay, why wouldn't you want to live there
for free?
Speaker 3 (07:26):
It's haunted?
Speaker 4 (07:28):
Oh it needs a lot of repair.
Speaker 2 (07:32):
Yeah, well I can see the repair part.
Speaker 1 (07:33):
Now, the haunted part is interesting because it's that there's
a lot of law on haunted houses out there. Where
the argument is, you know, once I bought, I found
out it was haunted, and I was never told I've
actually seen the ghosts.
Speaker 2 (07:51):
They have come up and told me.
Speaker 3 (07:55):
It is. The house is empty right now.
Speaker 2 (07:58):
No it's not.
Speaker 3 (07:59):
No, it's not.
Speaker 1 (08:00):
No, it is not It is not empty because it
is haunted, and by definition, a haunted house is.
Speaker 5 (08:07):
Not empty because it's haunted.
Speaker 2 (08:10):
No.
Speaker 1 (08:11):
Yes, right, so I'm giving you, I'm giving you what.
Speaker 2 (08:14):
What the law has said.
Speaker 1 (08:15):
There's a whole series of laws and decisions on hunted houses,
one of them being you can't argue that they're empty
when there is a ghost. Now is a ghost A
is a ghost a human being? Don't know because the
law is split on that, depending on the jurisdiction. Some
judges say, yes, a ghost is a human being, and
(08:39):
that's validity, and there's a validity to that argument. Those
are the justices that addressed really did a good job
when they were kids on Halloween. Other judges say, no,
a ghost is a ghost, and a ghost doesn't exist.
And by the way, if the ghost is not named Casper,
then it doesn't exist at all.
Speaker 2 (08:58):
Okay, we are done with that.
Speaker 1 (09:02):
Having a good time today, having a good time today?
Speaker 2 (09:07):
Marine, I'm Marine? Or is that Marlene? I'm sorry Marlene? Marlene.
Speaker 6 (09:12):
Hello, Hi, I'm an eighty five year old disabled single lady.
Speaker 7 (09:21):
I'm a tenant.
Speaker 6 (09:22):
Fifteen years of a room and the rent has always
been paid.
Speaker 7 (09:28):
So recently I was admitted to the hospital for two
weeks and while I was there, my landlady entered the
room and stole almost all of my stuff from the room,
closed shoes, ditches, betting tools, business papers, legal papers, books, food,
other equipment and rummige all around the room, a blender
(09:52):
and electric heater. So do I need a police report?
Is at burglary four five nine pc?
Speaker 3 (09:59):
Four?
Speaker 2 (10:00):
Maybe four five nine four zero point eight six b pc?
Speaker 8 (10:06):
Yeah?
Speaker 2 (10:06):
I would argue that, Steph.
Speaker 1 (10:07):
Sure I get a police report and accuse her of
doing that.
Speaker 2 (10:12):
It's kind of interesting. How long have you been there
in that house, Marlene?
Speaker 7 (10:16):
Fifteen years and now.
Speaker 2 (10:18):
And it's the same landlord.
Speaker 7 (10:21):
Let me think, Yeah, it's the same one.
Speaker 2 (10:24):
Yeah, it's kind of interesting.
Speaker 1 (10:25):
After fifteen years your landlord decides she's going to go
through everything and steal you blind.
Speaker 2 (10:30):
Okay, the answer is yes, you do a police report.
Now she's gonna deny it, and we don't know where
to go from there. Are you out of the hospital now?
Speaker 9 (10:39):
Yeah?
Speaker 7 (10:39):
I'm home now. But but but my daughter saw everything.
Speaker 4 (10:42):
My daughter's your daughter.
Speaker 2 (10:45):
Always that your daughter is mentally disabled? Yeah, yeah, that
doesn't That doesn't bode well as far as the witness
is concerned.
Speaker 7 (10:54):
Oh, she s didn't have I mean she was.
Speaker 2 (10:57):
I mean that's not a question is she's good enough.
Speaker 1 (10:59):
It depends on the authorities believe her to the extent
that it doesn't matter that she is disabled or not.
And I don't know the answer to that. But yes,
you call the police. You absolutely file the police report.
I just find it kind of interesting that after fifteen years,
that's when the landlord comes in and decides to steal
(11:19):
you blind. Okay, this is Handle on the Law, and
this is day A five bill handle Saturday morning, right
up until eleven o'clock forty minutes give or take till
the end of the show. And then I'll continue on
answering questions and I'll talk talk about that.
Speaker 2 (11:36):
A little bit later. The phone number here, we do
have some lines open. Pardon me.
Speaker 1 (11:41):
Eight hundred five to zero one five three four. Eight
hundred five to zero one five three four.
Speaker 2 (11:49):
That's the number. Welcome back.
Speaker 1 (11:52):
Handle on the Law, Marginal Legal Advice. Hello, Cedric, it's
your turn. What can I do for you?
Speaker 5 (12:00):
Okay, Bill? My grandmother passed away in twenty thirteen. She
had a trust. The original trust indicates my mother and
her two siblings, but they are now deceased. When my
grandmother passed away, my brother ended up popping up with
(12:24):
this bogus trust.
Speaker 3 (12:27):
He came up.
Speaker 1 (12:29):
Hold on, he came up with a bogus trust that
no one knew about.
Speaker 2 (12:33):
Correct.
Speaker 5 (12:35):
No implemented me in the trust as the trustee, and
I wasn't there when this was done. So now we're
in probate at this time, and it's been about a
year now that we've been in probate, and right now
(12:56):
my mom has an attorney, but I'm trying to figure
out will it go in my mother's favor?
Speaker 3 (13:01):
Yeah?
Speaker 1 (13:01):
No, I'm a little confused. Okay, hold on, Okay, I'm
a little confused. Let's start with the bogus trust. Your
brother brings in a trust that you is basically fraudulent, correct, correct? Okay,
that's been notarized, signed by the trust or whoever created
the trust. And this is I think your grandparents, your
(13:22):
grandmother created the trust. And all of a sudden, brother
shows up where you are the trustee, and he walks
in with a trust that is notarized because it has
to be notarized with your grandmother's signature, and that's what
he did.
Speaker 2 (13:39):
Correct. Okay, So now you have competing trusts.
Speaker 1 (13:44):
You have his trust, and you have the other trust,
which is a valid trust.
Speaker 2 (13:49):
Is that correct? Okay? Well, that gets easy.
Speaker 1 (13:53):
I mean that gets easy if you can prove that
his trust is bogus.
Speaker 2 (13:59):
If there's any way for you to say this.
Speaker 1 (14:02):
Has nothing to do with any The problem is is
that just because you weren't there, it doesn't make you
not the trustee. Anybody can be named trustee, whether they
agree to it or not. A lot of people don't
even know they're the trustee of trusts. They have no idea,
So that doesn't help you one way or the other. Now,
this is a brother that no one ever talked to
that he show up out of the woodwork.
Speaker 5 (14:26):
No, this is my This is my actual brother, my
mother's son. So she has two sons me.
Speaker 1 (14:32):
No, I understand. But you say he came in out
of the woodwork. Is he estranged?
Speaker 2 (14:36):
Is he a beneficiary under the trust? Your trust?
Speaker 5 (14:41):
Well, the trust he came up with is stating that
everything goes to him.
Speaker 2 (14:46):
I understand.
Speaker 1 (14:47):
Okay, And that helps you, by the way, all of
a sudden, he walks in with a trust and says,
your honor, it all goes to me. And you guys
walk in with a trust that says here's the way
it is split up, and this is what one family
member gets and here's the other one. I gotta tell you,
if i'm the judge, I'm gonna look at it and
(15:07):
go to your brother. Really, come on, under your trust,
is your brother left any money?
Speaker 5 (15:15):
No?
Speaker 4 (15:16):
Okay, so he is.
Speaker 5 (15:18):
Immediately immediately after my grandmother passed, he wanted me to
sign the special needs and I did not sign the
special needs because he don't have any special needs.
Speaker 2 (15:29):
Okay, Yeah, I don't think that would have done anything.
All right.
Speaker 1 (15:33):
Yeah, based on what you said, I think your brother's
gonna have a very tough time and put in it,
and you may be in a lot of trouble because
that's committee of fraud upon the court. So your mom
should be fine because what you're telling me, and based
on what you say, his position stinks to high heaven.
All of a sudden, brother who is disinherited under the
(15:54):
other trust, is not a beneficiary, shows up and says, hey,
it's all it's.
Speaker 2 (15:58):
All left to me.
Speaker 1 (16:00):
There's a new trust, and everybody else says, what are
you doing that didn't exist? Nobody knows. So I think
you're going to be fine on that. Mom is that's
It's kind of ham handed, isn't it really? George, Hello George,
you're up.
Speaker 2 (16:18):
Welcome, Hi Bill.
Speaker 3 (16:21):
Good day.
Speaker 10 (16:22):
Yes, I'm getting I'm getting sued for allegedly hitting somebody,
and the lawyer who is appointed from the insurance company,
Merkery Insurance, is representing me.
Speaker 11 (16:37):
My trial date is out in the future, in January.
So my question is during the actual trial, if I'm
sitting next to my lawyer, do I sit there quietly?
Speaker 2 (16:50):
Yeah?
Speaker 11 (16:51):
Or am I able to ask some questions?
Speaker 2 (16:53):
No?
Speaker 1 (16:53):
No, no, no, You just sit there and shut up.
And if you have some questions you want to ask,
you write a note and hand it to your lawyer.
The only person that talks in court is your lawyer.
On your behalf. If you want to talk and you
have something to say, you ask your lawyer. Put me
on the stand, and then you go up as a
(17:17):
as a witness in your behalf. I mean, you're you know,
they put you up on the stand all the time.
They will, you know, because they're going to ask your
side of it. You're gonna go on the stand anyway,
what happened?
Speaker 2 (17:25):
Where were you?
Speaker 3 (17:27):
So?
Speaker 2 (17:27):
Yeah, you just when you're sitting down, you just sit down,
all right.
Speaker 11 (17:32):
I just want to make sure that if I slipped
the lawyer note, I want to make sure that he
doesn't overlook and omit any questions that I.
Speaker 2 (17:41):
Well, it's a good note. You're right. No, you know what,
that's a good point. That is a very good point.
Speaker 1 (17:47):
And what you do is you write that note and
you slip it to him, and he will and what
he should. And you could talk to him beforehand. He'll
take the note in his hand even while he's talking,
and then nod to you that he got it, even
in the middle of his questioning. You'll be fine. Why
is this thing going to Why is this going on?
Is it going to court? I mean, this thing hasn't
(18:07):
settled up yet.
Speaker 11 (18:11):
I was in New Jersey. I had a rental car
and I was driving down the street and there was
a gentleman talking in the middle of the street, and
I was driving and I stopped and I blew my
horn to get him out of the way. He just
was standing in the middle of the street talking to somebody.
And when I when I blew my horn, it pissed
(18:32):
him off and he threw himself on my hood, claiming
I hit him.
Speaker 2 (18:37):
So it got on and were there?
Speaker 1 (18:39):
Okay, I mean it's basically you hit a pedestrian, is
what the lawsuit is about.
Speaker 2 (18:43):
Were there any witnesses there? George?
Speaker 11 (18:45):
Uh, the lady, the person he was talking to. There's
also a video of what happened, which conveniently cuts off
just before he throws himself on my hood.
Speaker 2 (18:56):
All right, what is the lady, the lady who was
a witness there? What does she say? Oh?
Speaker 11 (19:01):
She says, I just try to run the guy over.
Speaker 1 (19:03):
Okay, right right, I can see why. I can see
why it's going to court.
Speaker 4 (19:08):
All right, he wants a lot of money, what course
they do.
Speaker 7 (19:12):
Yeah?
Speaker 2 (19:13):
But then yeah, but wait a second.
Speaker 1 (19:14):
Then it's a question of how how how much has
he been injured?
Speaker 2 (19:19):
All right?
Speaker 1 (19:20):
He's going to claim, uh that he's about to lose
his legs. He's gonna have doctors walk in there and say,
by the time his medical uh needs are over, he's
going to be a walking a non walking Torso it'll
be a torso and just his head and he'll lose
his arms, he'll lose his legs. I mean, you'll get
to hear such crap. You know, if he wasn't injured,
if there weren't huge broken bones. If there weren't bones sticking.
Speaker 2 (19:41):
Out of his legs, Uh, what's he gonna get?
Speaker 1 (19:45):
So I wouldn't worry about it. You have insurance, and
that's why God invented insurance. It's not kind of complicated
artificial and sent insemination. This is what I did for
a lot of years in the world of reproductive law
artificial intelligence. I got to get used to AI being
artificial intelligence.
Speaker 2 (20:03):
AI is everywhere.
Speaker 1 (20:04):
And if your business isn't using AI, well, I'll tell
you you're probably losing money, You're probably losing productivity. You
don't have a competitive edge because oh your competitors have
a competitive edge because they're using AI and you're not.
So let me suggest looking at the folks at NetSuite.
Net Suite is a business business management system. It's in
(20:26):
the cloud, and what it does is help you control
costs and increase efficiency. It just makes you a better
business person. It makes your business run faster, more efficiently.
It brings accounting and financial management inventory.
Speaker 2 (20:41):
If you do that, I do HR.
Speaker 1 (20:43):
If you haven't or even one or two employees, HR
is critical in one efficient business suite. So if your
business does two million dollars or more. Do yourself a
favor and download the free guide to AI and Machine Learning.
It's the free CFOs Guide to AI and Machine Learning.
Speaker 2 (21:01):
Go to net suite.
Speaker 1 (21:03):
That's net Sweet Sweets in hotel suites, NetSuite dot com
slash handle NetSuite dot com slash handle.
Speaker 2 (21:13):
This is Handle on the Law.
Speaker 3 (21:17):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (21:23):
Tacky bye bill Handle Here, last half hour of the
Legal show, before which the bureau comes aboard. And I've
been telling you I will after the show continue to
take phone calls off the air, so all of your
questions get answers. All of your answers get questioned. The
number here eight hundred five two zero one five three four.
(21:45):
I have a few lines open. That's eight hundred five
two zero one five three four And welcome back Handle
on the Law, Marginal Legal Advice.
Speaker 2 (21:55):
Hello Mark, you're up, Yes, sir.
Speaker 5 (21:58):
Yeah, yeah, I'm contemplating getting living life.
Speaker 1 (22:08):
This is not and Mark, this phone line really sucks
and I've been waiting for a while, so.
Speaker 2 (22:15):
He yeah, let's go over there. Okay, sorry about that
much better?
Speaker 5 (22:19):
Okay, Okay, So I'm curious about prenuptials.
Speaker 4 (22:25):
Are they enforceable?
Speaker 3 (22:26):
I was talking to a friend.
Speaker 4 (22:27):
They're like, they're basically kind of useless.
Speaker 2 (22:28):
But no, not at all. No, no, no, no, no, no no.
Speaker 1 (22:32):
Prenuptials are valid and they are upheld. And there's a
couple of parameters. So Mark, let's start with how much
money do you have?
Speaker 3 (22:43):
Well, we're probably I don't know, probably five million.
Speaker 1 (22:46):
Okay, And is the woman you're contemplating marrying.
Speaker 2 (22:52):
Let me let me do this, let me go the
other way.
Speaker 1 (22:56):
Okay, lovely lady, you're totally in love with your she's
a wonderful Let's put you in this scenario where you
walk on her because you found some twenty two year
old chippy that you've decided you're gonna be with.
Speaker 2 (23:09):
Or she walks on you, or you sai, you're not
gonna be together.
Speaker 1 (23:12):
Is she the kind of gal that will go after money?
Speaker 4 (23:17):
Yeah?
Speaker 3 (23:18):
Probably good?
Speaker 2 (23:19):
I mean good.
Speaker 1 (23:19):
So therefore you yeah, so therefore you need a pre nup?
And they are they valid?
Speaker 3 (23:25):
Oh?
Speaker 2 (23:25):
Absolutely, they are valid.
Speaker 1 (23:27):
Now in your case, we're talking about this much money,
it is you have to it has to be airtight.
And this is where you go to a family law lawyer.
Who knows how to write pre nups. That's really okay,
it's really important. And she has to be represented by
(23:47):
an attorney. On the other side, you can't just write
it up and she signs it. You have to say
you must be represented by an attorney otherwise. Yeah, oh yeah,
because if this thing blows up, believe me, and for
five million dollars or a portion thereof. Now that is
sort of all the negative stuff. It's still upheld. By
(24:09):
the way, well written prenups are air tight.
Speaker 2 (24:13):
How old are you?
Speaker 3 (24:15):
Sixty six?
Speaker 1 (24:16):
Okay, so you're coming into a marriage of sixty six
with all of this separate property. I mean, you're gonna
be fine. I don't know how much money you're going
to make during the course of the marriage. I don't
know if you're still working, because from the time you
get married or the time you start living together, all
of your income becomes community money. It all becomes as
(24:37):
much hers as yours. But only the income you make
while you're working, any investment income, any property you have
that you're getting money from rentals, that's all yours.
Speaker 2 (24:50):
Just don't put that yet. Do not put yeah, do
not put.
Speaker 1 (24:53):
That in any kind of community bank account. Put everything
in your name, and then you fund whatever it takes
for living expenses. Okay, oh yeah, no, you've got to
you've got to talk to a family law attorney because
we want to make this thing.
Speaker 2 (25:13):
Well you want to. I couldn't care less.
Speaker 1 (25:14):
If you get nailed, but you want to make this
thing as solid as you can.
Speaker 2 (25:19):
And yes, they're completely enforceable and you need one.
Speaker 1 (25:23):
So talk to a family law attorney and just say
I talked to handle. No, don't mention my name because
they start laughing. What you do is just say I
need a prenup and I was told that. Yeah, well
the attorney will say, yeah, you do need a prenup
and then get to work. Yeah.
Speaker 2 (25:41):
A lot of people don't know that.
Speaker 1 (25:42):
And see they assume that because I'm getting married, half
of everything I have is therefore going to be hers
or his or its. And the answer is no, there
are a bunch of rules that go through it, and
not at all. Okay, some people have been around for
a while here, so Carol, Hello, Carol, welcome.
Speaker 5 (26:06):
Hi.
Speaker 12 (26:06):
My father and stepmother each had a will, and together
they had a trust. Some of their assets were in
his name, some in her name, and some in both
of their names. My stepmother died first, any assets that
were in her name her name only were distributed to
her errors, and anything that was in both their names
(26:27):
became part of a bypass trust that was created at
her death to be divided between her errors and his
errors at my father's death. So when she died, we
had to bring in caregivers for my father, which of
course was expensive and depleted his finances to the point
where we had to sell his house. Half of the
proceeds from the sale went to my dad and half
(26:50):
went into the Bypass Trust, which would eventually go to
her errors. Maybe. And my question for you is about
the wording that was in one of the amendments to
their trust, which and it said, after the decedent's death,
it is our direction that the survivor of us be
able to use the assets of the Bypass Trust for
his or her health, maintenance, and support to them to
(27:12):
maintain the standard of living. We enjoyed it the decedent's death,
without consideration of the survivor's other resources, and without our
children or further descendants making over the survivor's shoulder. So
were we being greedy to want to be reimbursed from
the Bypass Trust for the money Dad spent out of
his personal account for his living expenses based on the
(27:35):
wording of their amendment.
Speaker 1 (27:38):
Here's the problem is, I think the way I realized
was at the way I look at it is a
little complicated that the trust money can be used to
pay for his living expenses and either it was tied
up or you fronted the money and now.
Speaker 2 (27:57):
You would like it back. Do I have that right?
Speaker 12 (28:00):
Yes?
Speaker 1 (28:00):
Okay, Why why did you front the money? Was there
money that was available there that would.
Speaker 2 (28:05):
Have paid for it?
Speaker 7 (28:08):
Uh?
Speaker 12 (28:10):
No, all we had was his money. Well, he ran
out of money, and then when we sold the house,
he then had money that we continue to stand from it.
Speaker 1 (28:24):
You know what My guess yeah, no, I get it, Carol.
My guess is you're you're not going to be reimbursed.
But it depends on the interpretation. You're right, this is
uh and I'm just being just hearing it for the
first time, not doing this for a living, well, certainly
doing what I do for a living, but certainly but
not specializing in trust in estates. So it's definitely it's
(28:45):
definitely time to talk to a trust in a state
lawyer because the language is it's pretty complicated and it's
obviously very specific. How much money are you talking about
that you fronted to your dad that now you would
like reimbursed.
Speaker 12 (29:01):
Maybe five hundred thousand?
Speaker 1 (29:03):
Yeah, that's yeah, Stephan, Yeah, yeah, you get to talk
to a trusted estate lawyer based on what I think. No,
you don't get any money back, but hey, you're going
to take my word for it.
Speaker 2 (29:14):
Come on, give me a break.
Speaker 1 (29:16):
Oh okay, Tom, Hi Tom, Welcome.
Speaker 4 (29:22):
Hi Bill. Yeah, you're familiar with that phrase, doing something
over and over again and expecting a different result.
Speaker 3 (29:35):
Yeah.
Speaker 4 (29:36):
Yes, that's the kind of mess I find myself in.
In July of twenty twenty three, I sold a car
private sale between myself and a lady down in Orange County.
As an incentive for the sale, I had renewed the
sticker on the license plate to go all the way
(29:56):
through to July of twenty twenty four. After July twenty
twenty four, I began to receive notices from these lanes
places on the freeways, the express lane people, indicating that
(30:17):
the DMV had told them that I was the registered
owner of the car, so therefore I was liable for
the penalty for driving in the lanes without one of
those gizmo box things. So since July of twenty twenty four,
I received over eighty of those violation notices for the
(30:39):
same license plate number I filed. They give you an
opportunity to say, yeah, file right in the back. If
you don't think you this is your charge. And so
I have to fill out that form every time. And
essentially I checked the DMV did receive my receipt of liability.
But the reach of the reports says the DMV told
(31:02):
the agency that I was the registered owner of the car.
Speaker 1 (31:06):
Well you probably are still. Was it ever registered in
a new buyer's name?
Speaker 4 (31:12):
No, she didn't register the car. She renew the license plate.
Speaker 2 (31:15):
Okay, you have the You have the bill of sale? Right?
Speaker 4 (31:19):
No, I wrote, signed it and gave it to her.
Speaker 2 (31:22):
Wait is it the bill of sale?
Speaker 4 (31:23):
I mean a bill of sale?
Speaker 1 (31:25):
Yeah, hey, the contract. You pay me four thousand dollars,
I give you the car. You have that document?
Speaker 4 (31:30):
No, it was a it was a verbal thing. Whoa
she went, I got the money. I got the money.
We went to the bank.
Speaker 2 (31:35):
She said, you came to Yeah, good, but can you
prove it?
Speaker 3 (31:41):
And I prove it.
Speaker 2 (31:43):
Yeah, can you prove that she paid you?
Speaker 1 (31:45):
Or does she just pay take out the cash and
hand it to you.
Speaker 4 (31:47):
No, no, no, she sent me an a h transfer.
Speaker 2 (31:51):
Oh all right, so at least you have some argument there.
Speaker 1 (31:54):
Obviously you have to go to the d MV and
say I sold the car, I'm done with the car.
Speaker 4 (32:00):
And MV recommends that he represents that they know that.
Speaker 1 (32:06):
If they know that, there is there a document that
says they know that.
Speaker 4 (32:13):
I went to the d m V in person and
the person, the clerk, said you you have the violations
that she I said to her, I gave her my
release of liability and said, who is your registered owner
of this car? She ran it up on her computer
and she said, oh, I see it's you know you
ever released?
Speaker 3 (32:33):
Okay you have?
Speaker 1 (32:35):
Okay, okay, you said they told you something else other
than you're the registered owner, that they have on on
record that you don't have the money, and did do
you have any of that in writing, any of that
stuff in writing other than you are the registered owner?
Speaker 4 (32:51):
I don't have any of that in writing.
Speaker 1 (32:53):
Okay, you get you get to go and talk to
the d m V over and over again, because there
are some issues going on Hams all the time. You know,
it's your car on top of that. By the way,
just get your car back. But you argue a bona
fide sale. Yeah, it happens all the time, and it's
a mess.
Speaker 3 (33:10):
All right.
Speaker 2 (33:11):
Let me tell you what's going on.
Speaker 1 (33:12):
October eleventh, Zelmans is sponsoring a dinner at the Anaheim
White House and it's a special dinner to test Zelmans
to find out if it's as good as I tell
you it is.
Speaker 2 (33:25):
And you bet you so, here's what we're doing.
Speaker 1 (33:28):
You purchase any Zelman's product this month, and you are
automatically entered to win a spot, entered to get one
of five spots to join me and Neil Savedra for
dinner at the Anaheim white House on October eleventh, and
especially curated dinner reading lots of garlic, lots of onions.
(33:49):
We're really putting Zelmons to the test, and well, you
know what I think about.
Speaker 2 (33:53):
Zelmans just gives you good clean.
Speaker 1 (33:56):
Breath for hours and hours, not only in your mouth,
but also works in your gut, and no one else
does that. So buy any Zelman's product and you're gonna
be automatically entered five winners and a guest. We'll be
coming to dinner with us at the Anaheim White House
on October eleventh, and we're going to have it just.
Speaker 2 (34:15):
The time of our lives. I guarantee you. So go
to Zelmans dot com.
Speaker 1 (34:19):
Also go to the Zelman's website for details on the contest.
Zelman's dot com and the promo code is KFI. Zelman's
E L M I N S Zelmans dot com and
the promo.
Speaker 2 (34:31):
Code is KFI.
Speaker 1 (34:33):
This is KFI let's check in with or this is
Handle on the Law and welcome back handle here on
a Saturday morning, and the number eight hundred and.
Speaker 2 (34:43):
Five to zero one five three four.
Speaker 1 (34:45):
By the way, this is the last segment of the show,
So in just a few minutes I will walk out
and say goodbye. But for those of you that are
on the phone and waiting, stay put. I'm gonna still
answer your questions. As a matter of fact, I'll keep
on going for half an hour forty minutes. People can
still call in and I will answer all the questions
off the air. Eight hundred five two zero one five
(35:07):
three four. Welcome back Handle on the Law. Marginal Legal
Advice by Rude Hello, bear rude.
Speaker 3 (35:15):
Yes, sir, yes, your honor, thank you.
Speaker 5 (35:19):
Now.
Speaker 2 (35:19):
Now I'm not your honor. That's a judge. I am.
Speaker 1 (35:23):
I am your Excellency, I am your Majesty, I am
your Highness, I am am the Grand Pooba, I'm the
I certainly am the Imperial Vizier.
Speaker 2 (35:34):
But I am not your honor. All right, what by rude?
What can I do for.
Speaker 13 (35:37):
You, your highness?
Speaker 2 (35:40):
Benny?
Speaker 13 (35:42):
Yes, sir, I've been listening to you for twenty over
twenty five years. If it don't make me look old, Yeah,
and I really appreciate your educational Sataria program.
Speaker 4 (35:52):
I don't call it show.
Speaker 13 (35:53):
It's an educational program.
Speaker 2 (35:55):
Wow.
Speaker 9 (35:55):
The commissioner. The commissioner jets mate, legal mistake. I'm writing
an estatement to him and to you. I'll send the
copy to you and the Attorney General of California and
the United States. The guy, the defendant, said, I am Mexican.
I don't write contract. He admired him nonverbally, and he
(36:20):
desised my chase the cash check that he was not
licensed for flemming for electrical He was not licensed. He
admits his lie.
Speaker 1 (36:30):
Okay, all right, they rude, Okay, you lost a small
claims case.
Speaker 2 (36:34):
I got that.
Speaker 1 (36:35):
Did you sue? You sued? You sued the defendant who
did nothing but lie? Right, yes, sir, okay, this is
let me give you a reality check by rude. First
of all, in small claims court, exactly fifty percent of
the people that show up our liars. I don't know
why they call it a small claims court. They should
call it liar's court. As a matter of fact. You
(36:57):
remember when you were sworn in the bailiff, everybody in
the room, they say, raise your hand, and you're all
sworn in, and the bailiff says, do you promise to
tell the truth all of that? What they should say is,
do you promise to lie? Do you promise to do
nothing but lie? So help you God? And everybody says yes,
I do. So everybody lies. And it depends on which
(37:20):
way the judge is going to go. And bay Rude,
you just got screwed. You got screwed in small claims court,
and there's no place to go. And if you think
writing a letter to me or writing letter the attorney general,
the Attorney General of the United States, if you think
that's going to do anything, that is not. Unfortunately you
got nailed, and that's our system, and liars end up prevailing.
Speaker 2 (37:43):
Sometimes be rude, they really do.
Speaker 1 (37:46):
Sometimes the judge will simply go for the just decides
one way or the other, and it rules against you.
You know, there's nothing you can do about it, unfortunately,
so you're out of luck. Also twenty five listening, that's
a real problem too, to say the least.
Speaker 8 (38:05):
Ron, Hey, Ryan, welcome, thank you sure Silicon Valley. There's
a house in Silicon Valley that's in foreclosure. My wife
has a lean on the house. The house is going
to be auctioned next week. Do I have to have
my attorney show up? Can I show up? And so
of course you can show up, Ron, Okay. So, so
(38:28):
the question is if I don't show up, does she
still have a lean when the new owners take over?
Speaker 1 (38:33):
Absolutely, if she hasn't. If she doesn't show up, she
didn't do anything. She has a lean, and you're that
lean has to be paid for.
Speaker 8 (38:42):
Correct. Okay, So I'm going to tell my wife that
handel said she doesn't have to show up and drive it.
Speaker 2 (38:48):
Doesn't have to show up, doesn't have to show up.
But let me ask you, do you want to buy?
You want to buy the house.
Speaker 8 (38:55):
No, the house is not worth it. It's one point
seven million values.
Speaker 2 (39:00):
All right.
Speaker 1 (39:01):
Yes, the leane is still good. The lean is still good.
You're gonna be fine. You don't okay, you got it. Yeah,
you don't have to show up on that one. All right, guys,
we are done with the show, but I'm going to
continue on. And for those of you that are on hold,
don't go away, because as soon as I walk out
(39:21):
and say goodbye to everybody, I will continue these phone
calls and I'll do it off the air. And it's
off the air means that there are no commercials, there
are no there's no weather, there are no breaks, there's
no traffic I mean zip, and of course no patience
on my side.
Speaker 2 (39:38):
Ever.
Speaker 1 (39:39):
The number is as it always is, eight hundred five
two zero one five three four. You can call right now,
and because I'm getting I think three or four people
are waiting, and I'll be right to you. Eight hundred
five two zero one five three four is the number
to call. You can call right now, you can call
in a few minutes, and I'll be more than happy
to answer all of your questions off the air. Eight
(40:00):
hundred and five two zero one five, three four, This
is Handle on the Law.
Speaker 2 (40:07):
You've been listening to the Bill Handle Show.
Speaker 1 (40:09):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to kf I AM six forty the bill
Handles show on demand on the iHeartRadio ff I AM
six forty bill Handle.
Speaker 2 (00:10):
Here it is a.
Speaker 1 (00:12):
Saturday morning, one more hour to go for the legal show.
And then at the end of the show when I
lock out and say goodbye, and Rich Dumurrow comes aboard
with the Tech Show from eleven to two, and then
Nil Sevadri comes aboard from two to five with the
Footy Show. I still will take phone calls at the
(00:34):
end of this show, and I'll explain all of that
if you happen to be on hold, or I'll continue
on for a while so everybody gets there's their question answered. Also,
you can call in now. Even though we're pretty good
on phone calls, we still have a couple of lines open.
Eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
(00:57):
number to call, as it has been and God ever
since I've been working here at KFI.
Speaker 2 (01:03):
You and that was good. Lord.
Speaker 1 (01:07):
I don't even know if television had been invented yet
when I started. This is handle on the law marginal
legal Advice, where I tell you have absolutely no case.
Speaker 2 (01:19):
This was a case that was a case.
Speaker 1 (01:21):
That went around the world and turns out that people
actually do have no case. So this was Alec Baldwin
and he was star and the producer and the creator
and I guess the money people behind the movie Rust
Rust being an old time Western, low budget and it
was had the crew on there as you would normally think.
Speaker 2 (01:43):
And what he did during the course of rehearsals he.
Speaker 1 (01:49):
Had a gun part of the part of the entire scenario,
and he points the gun at the camera, which happens
all the time whenever you see the camera being pointed
at you when you're watching a TV or movie show
or a movie, you're looking at a gun being pointed
at you. And if the gun is, in fact, if
(02:11):
the bullet is, if the triggers pulled and it's a blank,
of course it's a blank.
Speaker 2 (02:16):
Except in this case it wasn't a blank.
Speaker 1 (02:17):
For some reason, a couple of live rounds were put
into that gun. Don't know how yet, we have no
idea how those live rounds were put in and Baldwin
pulled the trigger and the cinemahotographer, Helena Hutchins, was killed
and the assistant director was wounded and Baldwin was well.
(02:38):
He was charged, and there we found out there's all
kinds of problems on the movie set in safety features
were not followed, protocol was not followed, the armor. Actually
she went to prison for a little while. And so
now we have the lawsuit and Alec Baldwin was charged,
(03:00):
arged criminally for it was manslaughter for killing Helena Hutchins. Well,
I mean it was clearly it was negligence. I mean,
you think he purposely killed her. Right, He's pointing a
gun at the lens and this is part of what
the movie is going to be about, and he shoots
(03:21):
it off, which is what they do, and there's a
live bullet in there, and somehow he's at fault with that.
Speaker 2 (03:27):
He should have known.
Speaker 1 (03:28):
I mean, there are armors and there are all kinds
of protocols. These guns are locked up and bullets are
checked to make sure that they're blank. And so for
some reason the New Mexico authorities, the prosecutor wanted to nail.
Speaker 2 (03:42):
Baldwin and it was a ridiculous case.
Speaker 1 (03:46):
It was insane, made no sense to charge him criminally,
and they dismissed the case after what a year and
as they should have this crazy ass case. So now
he durrounds and sues in him and says, the only
reason you're suing me with a case that is this
bad is because I'm Alec Baldwin, and you're gonna make
(04:10):
big points if you convict me or try to convict me,
because you can argue, oh.
Speaker 2 (04:14):
We're not No one's above the law.
Speaker 1 (04:16):
We will take anybody seriously who commits any kind of
a crime, no matter who he or she is. I mean, I, oh, crapola.
And it was just so stupid them taking him to court.
We're charging him. So he wins that one, and now
he is suing them for basically prosecute prosecuting him when
(04:38):
they shouldn't. I think there was a decent suit that
was just dismissed. Now, why would you think that lawsuit
would be dismissed? Is it because he has no case? No,
I think he does have a case. Is it because
there was some kind of prosecutorial or defense, some kind
(05:02):
of product of protocol that was being violated, some kind
of a criminal or a civil violation of the way
the court was, the way it was filed. No, No,
totally legitimate. The reason the judge dismissed the case. Is
after Alec Baldwin filed the lawsuit against the New Mexican Authority,
(05:23):
nothing happened, and the judge said, you didn't do anything.
Speaker 2 (05:28):
You didn't go ahead.
Speaker 1 (05:30):
With depositions, you didn't go ahead with discovery.
Speaker 2 (05:34):
All you did was file.
Speaker 1 (05:37):
And now what So what the judge did is dismissed
the case because of non activity.
Speaker 2 (05:46):
You can't just file lawsuit and let it sit there.
Speaker 1 (05:48):
You've got to actually go ahead and prosecute the lawsuit.
And so the judge tossed it and said you're done.
It's not simple. So this is it going. I don't
know they're gonna Is he gonna refile his suit? I
don't know if it was done with prejudice or without.
If it was done with prejudice, that means it's over
(06:11):
and Baldwin can't go another foot. It was done without prejudice,
then Baldwin can come back and continue the suit or
actually have to refile it. All right, Uh, back we go,
Harry Gomark, you've been there for a while, Hella Mark, welcome.
Speaker 3 (06:30):
Hi Bill. My friend is a life estate on a trust,
but she doesn't want to live in the house. Her
grandkids are the trustees of the house. Can she force
the sale of no ouse?
Speaker 2 (06:49):
Absolutely not. She only has a life estate.
Speaker 1 (06:52):
A life of state gives her no rights other than
to live there for the rest of her life. That
is a life state. And if she elects not to live.
Speaker 3 (07:03):
There, then the life of state want to live there?
Speaker 2 (07:05):
Okay, then there's no life of state.
Speaker 1 (07:07):
Then it says, if there there is no life of state,
property is free of any encumbrances. A life of state
is an encumbrance on the house. And so it's is
it free for.
Speaker 2 (07:19):
Her to live there?
Speaker 1 (07:21):
Usually yes, Okay, why wouldn't you want to live there
for free?
Speaker 3 (07:26):
It's haunted?
Speaker 4 (07:28):
Oh it needs a lot of repair.
Speaker 2 (07:32):
Yeah, well I can see the repair part.
Speaker 1 (07:33):
Now, the haunted part is interesting because it's that there's
a lot of law on haunted houses out there. Where
the argument is, you know, once I bought, I found
out it was haunted, and I was never told I've
actually seen the ghosts.
Speaker 2 (07:51):
They have come up and told me.
Speaker 3 (07:55):
It is. The house is empty right now.
Speaker 2 (07:58):
No it's not.
Speaker 3 (07:59):
No, it's not.
Speaker 1 (08:00):
No, it is not It is not empty because it
is haunted, and by definition, a haunted house is.
Speaker 5 (08:07):
Not empty because it's haunted.
Speaker 2 (08:10):
No.
Speaker 1 (08:11):
Yes, right, so I'm giving you, I'm giving you what.
Speaker 2 (08:14):
What the law has said.
Speaker 1 (08:15):
There's a whole series of laws and decisions on hunted houses,
one of them being you can't argue that they're empty
when there is a ghost. Now is a ghost A
is a ghost a human being? Don't know because the
law is split on that, depending on the jurisdiction. Some
judges say, yes, a ghost is a human being, and
(08:39):
that's validity, and there's a validity to that argument. Those
are the justices that addressed really did a good job
when they were kids on Halloween. Other judges say, no,
a ghost is a ghost, and a ghost doesn't exist.
And by the way, if the ghost is not named Casper,
then it doesn't exist at all.
Speaker 2 (08:58):
Okay, we are done with that.
Speaker 1 (09:02):
Having a good time today, having a good time today?
Speaker 2 (09:07):
Marine, I'm Marine? Or is that Marlene? I'm sorry Marlene? Marlene.
Speaker 6 (09:12):
Hello, Hi, I'm an eighty five year old disabled single lady.
Speaker 7 (09:21):
I'm a tenant.
Speaker 6 (09:22):
Fifteen years of a room and the rent has always
been paid.
Speaker 7 (09:28):
So recently I was admitted to the hospital for two
weeks and while I was there, my landlady entered the
room and stole almost all of my stuff from the room,
closed shoes, ditches, betting tools, business papers, legal papers, books, food,
other equipment and rummige all around the room, a blender
(09:52):
and electric heater. So do I need a police report?
Is at burglary four five nine pc?
Speaker 3 (09:59):
Four?
Speaker 2 (10:00):
Maybe four five nine four zero point eight six b pc?
Speaker 8 (10:06):
Yeah?
Speaker 2 (10:06):
I would argue that, Steph.
Speaker 1 (10:07):
Sure I get a police report and accuse her of
doing that.
Speaker 2 (10:12):
It's kind of interesting. How long have you been there
in that house, Marlene?
Speaker 7 (10:16):
Fifteen years and now.
Speaker 2 (10:18):
And it's the same landlord.
Speaker 7 (10:21):
Let me think, Yeah, it's the same one.
Speaker 2 (10:24):
Yeah, it's kind of interesting.
Speaker 1 (10:25):
After fifteen years your landlord decides she's going to go
through everything and steal you blind.
Speaker 2 (10:30):
Okay, the answer is yes, you do a police report.
Now she's gonna deny it, and we don't know where
to go from there. Are you out of the hospital now?
Speaker 9 (10:39):
Yeah?
Speaker 7 (10:39):
I'm home now. But but but my daughter saw everything.
Speaker 4 (10:42):
My daughter's your daughter.
Speaker 2 (10:45):
Always that your daughter is mentally disabled? Yeah, yeah, that
doesn't That doesn't bode well as far as the witness
is concerned.
Speaker 7 (10:54):
Oh, she s didn't have I mean she was.
Speaker 2 (10:57):
I mean that's not a question is she's good enough.
Speaker 1 (10:59):
It depends on the authorities believe her to the extent
that it doesn't matter that she is disabled or not.
And I don't know the answer to that. But yes,
you call the police. You absolutely file the police report.
I just find it kind of interesting that after fifteen years,
that's when the landlord comes in and decides to steal
(11:19):
you blind. Okay, this is Handle on the Law, and
this is day A five bill handle Saturday morning, right
up until eleven o'clock forty minutes give or take till
the end of the show. And then I'll continue on
answering questions and I'll talk talk about that.
Speaker 2 (11:36):
A little bit later. The phone number here, we do
have some lines open. Pardon me.
Speaker 1 (11:41):
Eight hundred five to zero one five three four. Eight
hundred five to zero one five three four.
Speaker 2 (11:49):
That's the number. Welcome back.
Speaker 1 (11:52):
Handle on the Law, Marginal Legal Advice. Hello, Cedric, it's
your turn. What can I do for you?
Speaker 5 (12:00):
Okay, Bill? My grandmother passed away in twenty thirteen. She
had a trust. The original trust indicates my mother and
her two siblings, but they are now deceased. When my
grandmother passed away, my brother ended up popping up with
(12:24):
this bogus trust.
Speaker 3 (12:27):
He came up.
Speaker 1 (12:29):
Hold on, he came up with a bogus trust that
no one knew about.
Speaker 2 (12:33):
Correct.
Speaker 5 (12:35):
No implemented me in the trust as the trustee, and
I wasn't there when this was done. So now we're
in probate at this time, and it's been about a
year now that we've been in probate, and right now
(12:56):
my mom has an attorney, but I'm trying to figure
out will it go in my mother's favor?
Speaker 3 (13:01):
Yeah?
Speaker 1 (13:01):
No, I'm a little confused. Okay, hold on, Okay, I'm
a little confused. Let's start with the bogus trust. Your
brother brings in a trust that you is basically fraudulent, correct, correct? Okay,
that's been notarized, signed by the trust or whoever created
the trust. And this is I think your grandparents, your
(13:22):
grandmother created the trust. And all of a sudden, brother
shows up where you are the trustee, and he walks
in with a trust that is notarized because it has
to be notarized with your grandmother's signature, and that's what
he did.
Speaker 2 (13:39):
Correct. Okay, So now you have competing trusts.
Speaker 1 (13:44):
You have his trust, and you have the other trust,
which is a valid trust.
Speaker 2 (13:49):
Is that correct? Okay? Well, that gets easy.
Speaker 1 (13:53):
I mean that gets easy if you can prove that
his trust is bogus.
Speaker 2 (13:59):
If there's any way for you to say this.
Speaker 1 (14:02):
Has nothing to do with any The problem is is
that just because you weren't there, it doesn't make you
not the trustee. Anybody can be named trustee, whether they
agree to it or not. A lot of people don't
even know they're the trustee of trusts. They have no idea,
So that doesn't help you one way or the other. Now,
this is a brother that no one ever talked to
that he show up out of the woodwork.
Speaker 5 (14:26):
No, this is my This is my actual brother, my
mother's son. So she has two sons me.
Speaker 1 (14:32):
No, I understand. But you say he came in out
of the woodwork. Is he estranged?
Speaker 2 (14:36):
Is he a beneficiary under the trust? Your trust?
Speaker 5 (14:41):
Well, the trust he came up with is stating that
everything goes to him.
Speaker 2 (14:46):
I understand.
Speaker 1 (14:47):
Okay, And that helps you, by the way, all of
a sudden, he walks in with a trust and says,
your honor, it all goes to me. And you guys
walk in with a trust that says here's the way
it is split up, and this is what one family
member gets and here's the other one. I gotta tell you,
if i'm the judge, I'm gonna look at it and
(15:07):
go to your brother. Really, come on, under your trust,
is your brother left any money?
Speaker 5 (15:15):
No?
Speaker 4 (15:16):
Okay, so he is.
Speaker 5 (15:18):
Immediately immediately after my grandmother passed, he wanted me to
sign the special needs and I did not sign the
special needs because he don't have any special needs.
Speaker 2 (15:29):
Okay, Yeah, I don't think that would have done anything.
All right.
Speaker 1 (15:33):
Yeah, based on what you said, I think your brother's
gonna have a very tough time and put in it,
and you may be in a lot of trouble because
that's committee of fraud upon the court. So your mom
should be fine because what you're telling me, and based
on what you say, his position stinks to high heaven.
All of a sudden, brother who is disinherited under the
(15:54):
other trust, is not a beneficiary, shows up and says, hey,
it's all it's.
Speaker 2 (15:58):
All left to me.
Speaker 1 (16:00):
There's a new trust, and everybody else says, what are
you doing that didn't exist? Nobody knows. So I think
you're going to be fine on that. Mom is that's
It's kind of ham handed, isn't it really? George, Hello George,
you're up.
Speaker 2 (16:18):
Welcome, Hi Bill.
Speaker 3 (16:21):
Good day.
Speaker 10 (16:22):
Yes, I'm getting I'm getting sued for allegedly hitting somebody,
and the lawyer who is appointed from the insurance company,
Merkery Insurance, is representing me.
Speaker 11 (16:37):
My trial date is out in the future, in January.
So my question is during the actual trial, if I'm
sitting next to my lawyer, do I sit there quietly?
Speaker 2 (16:50):
Yeah?
Speaker 11 (16:51):
Or am I able to ask some questions?
Speaker 2 (16:53):
No?
Speaker 1 (16:53):
No, no, no, You just sit there and shut up.
And if you have some questions you want to ask,
you write a note and hand it to your lawyer.
The only person that talks in court is your lawyer.
On your behalf. If you want to talk and you
have something to say, you ask your lawyer. Put me
on the stand, and then you go up as a
(17:17):
as a witness in your behalf. I mean, you're you know,
they put you up on the stand all the time.
They will, you know, because they're going to ask your
side of it. You're gonna go on the stand anyway,
what happened?
Speaker 2 (17:25):
Where were you?
Speaker 3 (17:27):
So?
Speaker 2 (17:27):
Yeah, you just when you're sitting down, you just sit down,
all right.
Speaker 11 (17:32):
I just want to make sure that if I slipped
the lawyer note, I want to make sure that he
doesn't overlook and omit any questions that I.
Speaker 2 (17:41):
Well, it's a good note. You're right. No, you know what,
that's a good point. That is a very good point.
Speaker 1 (17:47):
And what you do is you write that note and
you slip it to him, and he will and what
he should. And you could talk to him beforehand. He'll
take the note in his hand even while he's talking,
and then nod to you that he got it, even
in the middle of his questioning. You'll be fine. Why
is this thing going to Why is this going on?
Is it going to court? I mean, this thing hasn't
(18:07):
settled up yet.
Speaker 11 (18:11):
I was in New Jersey. I had a rental car
and I was driving down the street and there was
a gentleman talking in the middle of the street, and
I was driving and I stopped and I blew my
horn to get him out of the way. He just
was standing in the middle of the street talking to somebody.
And when I when I blew my horn, it pissed
(18:32):
him off and he threw himself on my hood, claiming
I hit him.
Speaker 2 (18:37):
So it got on and were there?
Speaker 1 (18:39):
Okay, I mean it's basically you hit a pedestrian, is
what the lawsuit is about.
Speaker 2 (18:43):
Were there any witnesses there? George?
Speaker 11 (18:45):
Uh, the lady, the person he was talking to. There's
also a video of what happened, which conveniently cuts off
just before he throws himself on my hood.
Speaker 2 (18:56):
All right, what is the lady, the lady who was
a witness there? What does she say? Oh?
Speaker 11 (19:01):
She says, I just try to run the guy over.
Speaker 1 (19:03):
Okay, right right, I can see why. I can see
why it's going to court.
Speaker 4 (19:08):
All right, he wants a lot of money, what course
they do.
Speaker 7 (19:12):
Yeah?
Speaker 2 (19:13):
But then yeah, but wait a second.
Speaker 1 (19:14):
Then it's a question of how how how much has
he been injured?
Speaker 2 (19:19):
All right?
Speaker 1 (19:20):
He's going to claim, uh that he's about to lose
his legs. He's gonna have doctors walk in there and say,
by the time his medical uh needs are over, he's
going to be a walking a non walking Torso it'll
be a torso and just his head and he'll lose
his arms, he'll lose his legs. I mean, you'll get
to hear such crap. You know, if he wasn't injured,
if there weren't huge broken bones. If there weren't bones sticking.
Speaker 2 (19:41):
Out of his legs, Uh, what's he gonna get?
Speaker 1 (19:45):
So I wouldn't worry about it. You have insurance, and
that's why God invented insurance. It's not kind of complicated
artificial and sent insemination. This is what I did for
a lot of years in the world of reproductive law
artificial intelligence. I got to get used to AI being
artificial intelligence.
Speaker 2 (20:03):
AI is everywhere.
Speaker 1 (20:04):
And if your business isn't using AI, well, I'll tell
you you're probably losing money, You're probably losing productivity. You
don't have a competitive edge because oh your competitors have
a competitive edge because they're using AI and you're not.
So let me suggest looking at the folks at NetSuite.
Net Suite is a business business management system. It's in
(20:26):
the cloud, and what it does is help you control
costs and increase efficiency. It just makes you a better
business person. It makes your business run faster, more efficiently.
It brings accounting and financial management inventory.
Speaker 2 (20:41):
If you do that, I do HR.
Speaker 1 (20:43):
If you haven't or even one or two employees, HR
is critical in one efficient business suite. So if your
business does two million dollars or more. Do yourself a
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It's the free CFOs Guide to AI and Machine Learning.
Speaker 2 (21:01):
Go to net suite.
Speaker 1 (21:03):
That's net Sweet Sweets in hotel suites, NetSuite dot com
slash handle NetSuite dot com slash handle.
Speaker 2 (21:13):
This is Handle on the Law.
Speaker 3 (21:17):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (21:23):
Tacky bye bill Handle Here, last half hour of the
Legal show, before which the bureau comes aboard. And I've
been telling you I will after the show continue to
take phone calls off the air, so all of your
questions get answers. All of your answers get questioned. The
number here eight hundred five two zero one five three four.
(21:45):
I have a few lines open. That's eight hundred five
two zero one five three four And welcome back Handle
on the Law, Marginal Legal Advice.
Speaker 2 (21:55):
Hello Mark, you're up, Yes, sir.
Speaker 5 (21:58):
Yeah, yeah, I'm contemplating getting living life.
Speaker 1 (22:08):
This is not and Mark, this phone line really sucks
and I've been waiting for a while, so.
Speaker 2 (22:15):
He yeah, let's go over there. Okay, sorry about that
much better?
Speaker 5 (22:19):
Okay, Okay, So I'm curious about prenuptials.
Speaker 4 (22:25):
Are they enforceable?
Speaker 3 (22:26):
I was talking to a friend.
Speaker 4 (22:27):
They're like, they're basically kind of useless.
Speaker 2 (22:28):
But no, not at all. No, no, no, no, no, no no.
Speaker 1 (22:32):
Prenuptials are valid and they are upheld. And there's a
couple of parameters. So Mark, let's start with how much
money do you have?
Speaker 3 (22:43):
Well, we're probably I don't know, probably five million.
Speaker 1 (22:46):
Okay, And is the woman you're contemplating marrying.
Speaker 2 (22:52):
Let me let me do this, let me go the
other way.
Speaker 1 (22:56):
Okay, lovely lady, you're totally in love with your she's
a wonderful Let's put you in this scenario where you
walk on her because you found some twenty two year
old chippy that you've decided you're gonna be with.
Speaker 2 (23:09):
Or she walks on you, or you sai, you're not
gonna be together.
Speaker 1 (23:12):
Is she the kind of gal that will go after money?
Speaker 4 (23:17):
Yeah?
Speaker 3 (23:18):
Probably good?
Speaker 2 (23:19):
I mean good.
Speaker 1 (23:19):
So therefore you yeah, so therefore you need a pre nup?
And they are they valid?
Speaker 3 (23:25):
Oh?
Speaker 2 (23:25):
Absolutely, they are valid.
Speaker 1 (23:27):
Now in your case, we're talking about this much money,
it is you have to it has to be airtight.
And this is where you go to a family law lawyer.
Who knows how to write pre nups. That's really okay,
it's really important. And she has to be represented by
(23:47):
an attorney. On the other side, you can't just write
it up and she signs it. You have to say
you must be represented by an attorney otherwise. Yeah, oh yeah,
because if this thing blows up, believe me, and for
five million dollars or a portion thereof. Now that is
sort of all the negative stuff. It's still upheld. By
(24:09):
the way, well written prenups are air tight.
Speaker 2 (24:13):
How old are you?
Speaker 3 (24:15):
Sixty six?
Speaker 1 (24:16):
Okay, so you're coming into a marriage of sixty six
with all of this separate property. I mean, you're gonna
be fine. I don't know how much money you're going
to make during the course of the marriage. I don't
know if you're still working, because from the time you
get married or the time you start living together, all
of your income becomes community money. It all becomes as
(24:37):
much hers as yours. But only the income you make
while you're working, any investment income, any property you have
that you're getting money from rentals, that's all yours.
Speaker 2 (24:50):
Just don't put that yet. Do not put yeah, do
not put.
Speaker 1 (24:53):
That in any kind of community bank account. Put everything
in your name, and then you fund whatever it takes
for living expenses. Okay, oh yeah, no, you've got to
you've got to talk to a family law attorney because
we want to make this thing.
Speaker 2 (25:13):
Well you want to. I couldn't care less.
Speaker 1 (25:14):
If you get nailed, but you want to make this
thing as solid as you can.
Speaker 2 (25:19):
And yes, they're completely enforceable and you need one.
Speaker 1 (25:23):
So talk to a family law attorney and just say
I talked to handle. No, don't mention my name because
they start laughing. What you do is just say I
need a prenup and I was told that. Yeah, well
the attorney will say, yeah, you do need a prenup
and then get to work. Yeah.
Speaker 2 (25:41):
A lot of people don't know that.
Speaker 1 (25:42):
And see they assume that because I'm getting married, half
of everything I have is therefore going to be hers
or his or its. And the answer is no, there
are a bunch of rules that go through it, and
not at all. Okay, some people have been around for
a while here, so Carol, Hello, Carol, welcome.
Speaker 5 (26:06):
Hi.
Speaker 12 (26:06):
My father and stepmother each had a will, and together
they had a trust. Some of their assets were in
his name, some in her name, and some in both
of their names. My stepmother died first, any assets that
were in her name her name only were distributed to
her errors, and anything that was in both their names
(26:27):
became part of a bypass trust that was created at
her death to be divided between her errors and his
errors at my father's death. So when she died, we
had to bring in caregivers for my father, which of
course was expensive and depleted his finances to the point
where we had to sell his house. Half of the
proceeds from the sale went to my dad and half
(26:50):
went into the Bypass Trust, which would eventually go to
her errors. Maybe. And my question for you is about
the wording that was in one of the amendments to
their trust, which and it said, after the decedent's death,
it is our direction that the survivor of us be
able to use the assets of the Bypass Trust for
his or her health, maintenance, and support to them to
(27:12):
maintain the standard of living. We enjoyed it the decedent's death,
without consideration of the survivor's other resources, and without our
children or further descendants making over the survivor's shoulder. So
were we being greedy to want to be reimbursed from
the Bypass Trust for the money Dad spent out of
his personal account for his living expenses based on the
(27:35):
wording of their amendment.
Speaker 1 (27:38):
Here's the problem is, I think the way I realized
was at the way I look at it is a
little complicated that the trust money can be used to
pay for his living expenses and either it was tied
up or you fronted the money and now.
Speaker 2 (27:57):
You would like it back. Do I have that right?
Speaker 12 (28:00):
Yes?
Speaker 1 (28:00):
Okay, Why why did you front the money? Was there
money that was available there that would.
Speaker 2 (28:05):
Have paid for it?
Speaker 7 (28:08):
Uh?
Speaker 12 (28:10):
No, all we had was his money. Well, he ran
out of money, and then when we sold the house,
he then had money that we continue to stand from it.
Speaker 1 (28:24):
You know what My guess yeah, no, I get it, Carol.
My guess is you're you're not going to be reimbursed.
But it depends on the interpretation. You're right, this is
uh and I'm just being just hearing it for the
first time, not doing this for a living, well, certainly
doing what I do for a living, but certainly but
not specializing in trust in estates. So it's definitely it's
(28:45):
definitely time to talk to a trust in a state
lawyer because the language is it's pretty complicated and it's
obviously very specific. How much money are you talking about
that you fronted to your dad that now you would
like reimbursed.
Speaker 12 (29:01):
Maybe five hundred thousand?
Speaker 1 (29:03):
Yeah, that's yeah, Stephan, Yeah, yeah, you get to talk
to a trusted estate lawyer based on what I think. No,
you don't get any money back, but hey, you're going
to take my word for it.
Speaker 2 (29:14):
Come on, give me a break.
Speaker 1 (29:16):
Oh okay, Tom, Hi Tom, Welcome.
Speaker 4 (29:22):
Hi Bill. Yeah, you're familiar with that phrase, doing something
over and over again and expecting a different result.
Speaker 3 (29:35):
Yeah.
Speaker 4 (29:36):
Yes, that's the kind of mess I find myself in.
In July of twenty twenty three, I sold a car
private sale between myself and a lady down in Orange County.
As an incentive for the sale, I had renewed the
sticker on the license plate to go all the way
(29:56):
through to July of twenty twenty four. After July twenty
twenty four, I began to receive notices from these lanes
places on the freeways, the express lane people, indicating that
(30:17):
the DMV had told them that I was the registered
owner of the car, so therefore I was liable for
the penalty for driving in the lanes without one of
those gizmo box things. So since July of twenty twenty four,
I received over eighty of those violation notices for the
(30:39):
same license plate number I filed. They give you an
opportunity to say, yeah, file right in the back. If
you don't think you this is your charge. And so
I have to fill out that form every time. And
essentially I checked the DMV did receive my receipt of liability.
But the reach of the reports says the DMV told
(31:02):
the agency that I was the registered owner of the car.
Speaker 1 (31:06):
Well you probably are still. Was it ever registered in
a new buyer's name?
Speaker 4 (31:12):
No, she didn't register the car. She renew the license plate.
Speaker 2 (31:15):
Okay, you have the You have the bill of sale? Right?
Speaker 4 (31:19):
No, I wrote, signed it and gave it to her.
Speaker 2 (31:22):
Wait is it the bill of sale?
Speaker 4 (31:23):
I mean a bill of sale?
Speaker 1 (31:25):
Yeah, hey, the contract. You pay me four thousand dollars,
I give you the car. You have that document?
Speaker 4 (31:30):
No, it was a it was a verbal thing. Whoa
she went, I got the money. I got the money.
We went to the bank.
Speaker 2 (31:35):
She said, you came to Yeah, good, but can you
prove it?
Speaker 3 (31:41):
And I prove it.
Speaker 2 (31:43):
Yeah, can you prove that she paid you?
Speaker 1 (31:45):
Or does she just pay take out the cash and
hand it to you.
Speaker 4 (31:47):
No, no, no, she sent me an a h transfer.
Speaker 2 (31:51):
Oh all right, so at least you have some argument there.
Speaker 1 (31:54):
Obviously you have to go to the d MV and
say I sold the car, I'm done with the car.
Speaker 4 (32:00):
And MV recommends that he represents that they know that.
Speaker 1 (32:06):
If they know that, there is there a document that
says they know that.
Speaker 4 (32:13):
I went to the d m V in person and
the person, the clerk, said you you have the violations
that she I said to her, I gave her my
release of liability and said, who is your registered owner
of this car? She ran it up on her computer
and she said, oh, I see it's you know you
ever released?
Speaker 3 (32:33):
Okay you have?
Speaker 1 (32:35):
Okay, okay, you said they told you something else other
than you're the registered owner, that they have on on
record that you don't have the money, and did do
you have any of that in writing, any of that
stuff in writing other than you are the registered owner?
Speaker 4 (32:51):
I don't have any of that in writing.
Speaker 1 (32:53):
Okay, you get you get to go and talk to
the d m V over and over again, because there
are some issues going on Hams all the time. You know,
it's your car on top of that. By the way,
just get your car back. But you argue a bona
fide sale. Yeah, it happens all the time, and it's
a mess.
Speaker 3 (33:10):
All right.
Speaker 2 (33:11):
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Speaker 1 (33:12):
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Speaker 2 (33:25):
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Speaker 2 (34:31):
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Speaker 1 (34:33):
This is KFI let's check in with or this is
Handle on the Law and welcome back handle here on
a Saturday morning, and the number eight hundred and.
Speaker 2 (34:43):
Five to zero one five three four.
Speaker 1 (34:45):
By the way, this is the last segment of the show,
So in just a few minutes I will walk out
and say goodbye. But for those of you that are
on the phone and waiting, stay put. I'm gonna still
answer your questions. As a matter of fact, I'll keep
on going for half an hour forty minutes. People can
still call in and I will answer all the questions
off the air. Eight hundred five two zero one five
(35:07):
three four. Welcome back Handle on the Law. Marginal Legal
Advice by Rude Hello, bear rude.
Speaker 3 (35:15):
Yes, sir, yes, your honor, thank you.
Speaker 5 (35:19):
Now.
Speaker 2 (35:19):
Now I'm not your honor. That's a judge. I am.
Speaker 1 (35:23):
I am your Excellency, I am your Majesty, I am
your Highness, I am am the Grand Pooba, I'm the
I certainly am the Imperial Vizier.
Speaker 2 (35:34):
But I am not your honor. All right, what by rude?
What can I do for.
Speaker 13 (35:37):
You, your highness?
Speaker 2 (35:40):
Benny?
Speaker 13 (35:42):
Yes, sir, I've been listening to you for twenty over
twenty five years. If it don't make me look old, Yeah,
and I really appreciate your educational Sataria program.
Speaker 4 (35:52):
I don't call it show.
Speaker 13 (35:53):
It's an educational program.
Speaker 2 (35:55):
Wow.
Speaker 9 (35:55):
The commissioner. The commissioner jets mate, legal mistake. I'm writing
an estatement to him and to you. I'll send the
copy to you and the Attorney General of California and
the United States. The guy, the defendant, said, I am Mexican.
I don't write contract. He admired him nonverbally, and he
(36:20):
desised my chase the cash check that he was not
licensed for flemming for electrical He was not licensed. He
admits his lie.
Speaker 1 (36:30):
Okay, all right, they rude, Okay, you lost a small
claims case.
Speaker 2 (36:34):
I got that.
Speaker 1 (36:35):
Did you sue? You sued? You sued the defendant who
did nothing but lie? Right, yes, sir, okay, this is
let me give you a reality check by rude. First
of all, in small claims court, exactly fifty percent of
the people that show up our liars. I don't know
why they call it a small claims court. They should
call it liar's court. As a matter of fact. You
(36:57):
remember when you were sworn in the bailiff, everybody in
the room, they say, raise your hand, and you're all
sworn in, and the bailiff says, do you promise to
tell the truth all of that? What they should say is,
do you promise to lie? Do you promise to do
nothing but lie? So help you God? And everybody says yes,
I do. So everybody lies. And it depends on which
(37:20):
way the judge is going to go. And bay Rude,
you just got screwed. You got screwed in small claims court,
and there's no place to go. And if you think
writing a letter to me or writing letter the attorney general,
the Attorney General of the United States, if you think
that's going to do anything, that is not. Unfortunately you
got nailed, and that's our system, and liars end up prevailing.
Speaker 2 (37:43):
Sometimes be rude, they really do.
Speaker 1 (37:46):
Sometimes the judge will simply go for the just decides
one way or the other, and it rules against you.
You know, there's nothing you can do about it, unfortunately,
so you're out of luck. Also twenty five listening, that's
a real problem too, to say the least.
Speaker 8 (38:05):
Ron, Hey, Ryan, welcome, thank you sure Silicon Valley. There's
a house in Silicon Valley that's in foreclosure. My wife
has a lean on the house. The house is going
to be auctioned next week. Do I have to have
my attorney show up? Can I show up? And so
of course you can show up, Ron, Okay. So, so
(38:28):
the question is if I don't show up, does she
still have a lean when the new owners take over?
Speaker 1 (38:33):
Absolutely, if she hasn't. If she doesn't show up, she
didn't do anything. She has a lean, and you're that
lean has to be paid for.
Speaker 8 (38:42):
Correct. Okay, So I'm going to tell my wife that
handel said she doesn't have to show up and drive it.
Speaker 2 (38:48):
Doesn't have to show up, doesn't have to show up.
But let me ask you, do you want to buy?
You want to buy the house.
Speaker 8 (38:55):
No, the house is not worth it. It's one point
seven million values.
Speaker 2 (39:00):
All right.
Speaker 1 (39:01):
Yes, the leane is still good. The lean is still good.
You're gonna be fine. You don't okay, you got it. Yeah,
you don't have to show up on that one. All right, guys,
we are done with the show, but I'm going to
continue on. And for those of you that are on hold,
don't go away, because as soon as I walk out
(39:21):
and say goodbye to everybody, I will continue these phone
calls and I'll do it off the air. And it's
off the air means that there are no commercials, there
are no there's no weather, there are no breaks, there's
no traffic I mean zip, and of course no patience
on my side.
Speaker 2 (39:38):
Ever.
Speaker 1 (39:39):
The number is as it always is, eight hundred five
two zero one five three four. You can call right now,
and because I'm getting I think three or four people
are waiting, and I'll be right to you. Eight hundred
five two zero one five three four is the number
to call. You can call right now, you can call
in a few minutes, and I'll be more than happy
to answer all of your questions off the air. Eight
(40:00):
hundred and five two zero one five, three four, This
is Handle on the Law.
Speaker 2 (40:07):
You've been listening to the Bill Handle Show.
Speaker 1 (40:09):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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