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January 3, 2026 • 43 mins

Handel on the Law. Marginal Legal Advice.

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

Speaker 2 (00:09):
KFI AM six forty Bill Handle Here Saturday morning, Boy,
what a Saturday morning.

Speaker 3 (00:14):
The news we woke up to I woke up to this.

Speaker 2 (00:17):
Morning was the announcement that the United States had in
fact entered invaded, if you will, the country of Venezuela
for the purpose of grabbing Maduro, the president, Nicholas Maduro,
the president of the country of Venezuela, plus his wife.
And it was one of those snatch and grab moves,

(00:40):
much like what happened picking up picking up other members
of terrorist organizations. And the United States has a history
of this, and it depends on how you look at it.
In most cases, I have agreed with every one of
those throughout history, and we're talking about going back probably

(01:02):
one hundred years or more. Osama bin Laden probably was
the last time the United States came in with the
military and instead of kidnapping him, instead of grabbing him,
as was one of the plans, he was killed. In
this case. I don't believe it was if you can't
capture Maduro, then you were to kill him. It was

(01:24):
not discussed in the press conference. It was a far
reaching press conference that ended a few minutes ago, where
the President spoke for the most part of it, and
also we had comments from Pete Hegseth, Defense Secretary Marco Rubio,
who was or is our Secretary of State, as well
as the Chairman of the Joint Chiefs of Joint Chiefs

(01:46):
of the Services, Dan Caine, who described in fair detail
what the attack was about one hundred and fifty aircraft.
You've got attacks from two bases throughout South America, and
it was a very well coordinated, extensive attack, which at

(02:08):
the point of it was and it succeeded without any
loss of life, was the capture of Maduro to bring
to the United States and try him for violation of
the various laws of the US based on national security.
And I believe that the proNT the Trump administration is
right because Maduro was indicted in twenty twenty by the

(02:29):
United States in federal court for drug running compliced with
the cartel, being part of the mechanism of bringing in
massive amounts of drugs. In this case it's cocaine for
the most part. And so a couple of big stories
came out of this. Number one, the President was asked
about regime change, and he said outright, yep, that was

(02:52):
one of the big controversies. We're going to go in
and we are going to run that country until such
a time that Venezuela is safe. Venezuela is secure. People
start coming back. Now, a little bit of history of
Venezuela prior to Chavez who came in as the first
one of the first communists socialist presidents, and he was

(03:14):
elected as president of Venezuela because Venezuela was going to
the toilet pretty quickly. Prior to that, Venezuela was one
of them, was the wealthiest country in all of South America. Caracas,
the capital, was known as the Paris of South America.
It is a gorgeous city wide boulevards, tree line medians.

(03:37):
I mean, it's just beautiful, the architecture, and it went
into the toilet. Maduro almost or Chavez almost single handedly
took that country and just went in the ground on
his populous vision. He took away the financial basis of
the wealthy, of the industrialists, of the very infrastructure, and

(03:57):
gave it to the poor people. To subsidize gasoline. You know,
at one point, you know how much gasoline was in
Venezuela and even up to recently five cents a gallon
that's what you would pay for gasoline. Well, you can't
sustain that with a government subsidizing all of that. It

(04:18):
is unsustainable. So money was not being brought in, Infrastructure
was not being built, maintenance was not being done on
the infrastructure soil. So the very industry of oil, which
is the vast majority of the income of the country
of Venezuela, decreased so dramatically that oil is now twenty
percent of what it was prior to Chavez, which you

(04:41):
talking about twenty years ago.

Speaker 3 (04:45):
So Venezuela is.

Speaker 2 (04:46):
In deep trouble and there's been a brain drain. Over
two million people have left Venezuela, and this is a
country of seven million people. Two million have left. And
the technocrats, the people who have the skills, the lawyers,
the bankers, the people that run industry, they've all left

(05:07):
and there's no one there and no money is coming
into the country, and there's not even any money for
maintenance of their infrastructure. So you can imagine the place
is just simply falling apart. And what Madua did or
what Chavez did, and this is one of the other
reasons that the president has said that he invaded Venezuela

(05:28):
and grabbed Adureau and his wife was that the oil companies,
the oil wells, the refineries were nationalized. These were American
companies for the most part that ran the Venezuelan oil
industry and was nationalized, meaning that the government of Venezuela

(05:50):
simply took it over, simply took them and said these
now belonged to Venezuela. By the way. That's been done before,
that was done in Rock, that was done in Saudi Arabia.
But these countries were allies of ours, where Venezuela is not,
so that was allowed to happen, and those countries still

(06:14):
allowed foreign interests, that is, the oil companies, to be
involved and still buy and take and sell oil. Venezuela
did the exact opposite. Venezuela kicked out the American companies,
simply took it over and started running the oil industry
on its own. Mexico, the government of Mexico controls the

(06:37):
oil industry and did much the same thing. The Mexican government.
The intrafrastructure of Mexican oil, that industry has really dropped dramatically,
so without foreign investment, without major companies coming in, it's
very difficult for a country and oil industry to survive.
And if you look at what the president has done recently,

(07:00):
for example, confiscate that one tanker that had two million
barrels of oil in it and said these are sanctioned boats,
which means that they're now not allowed even to go
onto the ocean with oil.

Speaker 3 (07:14):
In this case, it was going, i believe, to Iran.

Speaker 2 (07:18):
And so this whole set of circumstances is based on
two issues. Issue number one is regime change and why
because of the drugs being transported out of Venezuela into
the United States with a cooperation, with a complicity and
maybe even at the behest of President Maduro, although the

(07:41):
argument is that he is underneath the orders of the cartel.
In other words, he works for the cartel, is what
intelligence is telling us. Can you imagine the co wel Mexico.
You can argue the same thing in various states where
the very officials and in this case, was the president
of the country working for the cartels.

Speaker 3 (08:03):
And by the way, that's a given.

Speaker 2 (08:05):
No one is really arguing that even the countries around
the world that are shocked by what the United States did,
not only invading but establishing a new government, and it
will take over the government of Venezuela. It is it
will be the United States or Venezuela part of the
United States in terms of occupation. Even those countries who

(08:27):
are shocked, European Union, the United Nations issued strong statements
even they agreed and believe and have stated that the
corruption of Venezuela was so extraordinary. In Maduro was part
of this entire industry of shipping drugs to the United
States and in some cases the rest of the world.

(08:47):
And then the other issue is the oil issue, where
the president says that Venezuela stole the oil.

Speaker 3 (08:54):
Well, did it steal the oil. It's Venezuelan oil.

Speaker 2 (08:58):
You know, it's pumped out of Venezuela, so you can't
argue that it's our oil. However, what did happen is
Venezuela grabbed the industry and took the oil infrastructure, and
the president once once it back, it is ours. It
belongs to us. And the cost of the not only

(09:23):
the invasion, but the cost of governing Venezuela, which is
going to be extraordinary. If you can imagine the cost
of the government of the United States, or in this case,
he'll be in the military running the country of Venezuela.
The cost is extraordinary, and the President made it very clear.
President said outright that oil industry is going to pay

(09:46):
for us to be there, and we are going to
more than break even. So the president is defending his actions.
Which way do I feel about this? You know, I'm
not a big fan of the president, but as Marco
Rubio said, effectively, this is the president has the balls

(10:08):
to do this.

Speaker 3 (10:08):
No other president would and that's probably true.

Speaker 2 (10:12):
This is the president who when he says something, he
means it. It's probably true. No other president would do this,
no other country could do this, which is probably true,
which actually I believe is true. And so we now
have a government in Venezuela. I mean, we have not

(10:33):
yet established the government itself. We have not sent boots
on the ground, we have not taken over the various ministries.
At this point, the only person that is running the
place theoretically is the vice president, who has Warren in
as the president. And at this point the government the president,
our president said, we don't know who's going to run it,

(10:55):
but it's going to be us until we establish some
kind of pieces the bill in Venezuela. All right, we're
gonna come back and I'm going to do one more
segment and I'm going to give you a little history.
How does the government United States have the legal ability?
How does it have the justification for invading a separate country?

(11:17):
Kidnapping is the word that would be used on Venezuela.
In our description, it's capturing an enemy. And I is
Maduro going to say I'm a prisoner of war, which
I'm entitled to more than normal rules of due process.
And it's fascinating because I want to give you a
little bit of history and this goes back to the

(11:38):
Civil War Civil War era, and I will jump into that.
And first no, let's go ahead and take a break
and we'll be back as I dive into some of
the legal issues of what happened this morning. This is
KFI KFI M six forty bill handle Here. It is

(11:59):
a Saturday morning. This morning we woke up to the
news that the United States had invaded, attacked the country
of Venezuela for the purpose of capturing Nicholas Maduro, the
president of the country, and to bring him to the
United States.

Speaker 3 (12:15):
For trial on drug charges.

Speaker 2 (12:17):
He was he and his wife indicted in twenty twenty
for various drug allegations and is now being brought to
the US and will be held and will go to trial. Now,
he is entitled to due process because this is the
United States of America, and it doesn't matter what crime
you've committed, it doesn't matter whether you're a foreign alien,

(12:39):
it doesn't matter. You are entitled to do process. So
here's the question, and I want to because you're not
going to hear this on the news. And that is
the argument he's going to have is you kidnapped me.
I am the head of state of a foreign country
and you have no judicial ability to kidnap me. Therefore

(13:01):
this was an illegal kidnapping and you can't try me. Well,
let me tell you how that's not going to work,
because the courts have been fairly I think the United
States said, what's the word I'm going to use here.
The courts have been unified. And this goes back to

(13:21):
the Civil War era when you had the countries at
war and the United States would grab people outside of
the United States and bring them the trial and that
was their defense. You can't bring me to trial because
you kidnapped me from out of the country. And you know,

(13:45):
the Supreme Court said, it doesn't matter how you get here.
We don't care your ability to obtain due process, which
we have to give everybody who is being tried being
tried criminally. Once you're in the United States, you're entitled

(14:05):
to do process, but not how you get here.

Speaker 3 (14:09):
And if you are kidnapped, so be it. And this
was brought up.

Speaker 2 (14:13):
Probably the most famous case was brought up during the
Iikman trials in nineteen sixty when Aikman was captured in
Argentina by a group of Israelis. Much the same thing,
brought in a security force of Israelis. Now there was
no military other than those special forces, if you will.

(14:37):
They weren't really weren't special forces. They were designed just
to go in and grab Aikman and he was brought
to the state of Israel for trial. Was kidnapped in Argentina,
and the argument was you can't do that legally, and
the Supreme Court of Israel, relying on the United States

(14:58):
the decision that was brought up right the Civil War,
said yes we can. We are allowed to bring you
to Israel and try you. And that defense fell apart immediately,
and Adolph Eikman was Then he was tried, and he
was hanged, the only person ever be hanged in Israel.

(15:19):
And there was another argument, but I don't want to
get into that. The crimes I committed, crimes against community, humanity,
and the crimes against Israel. The country of Israel didn't
even exist when I committed the when I'm alleged to
committed these crimes. So that is just a fun historical fact.
What is going on right now is where is Maduro
and his wife. They're on the Yojima, which is a

(15:44):
US worship in the Caribbean, and on the way to
some location, probably one of the bases in the Caribbean,
and then we'll be transported, as a president, our president
said to New York specifically because the indictment that was
issue in twenty twenty against Maduro accusing him of being

(16:04):
complicit and involved in the drug trade bringing drugs into
the United States, that came about six years ago, and
that's where he's going to be tried, in the Southern
District of New York where the indictment came down. And
we'll see what his defense is going to be. Is
he going to cut some kind of a deal. Well,
there was Noriega, the president of Panama, who was captured.

(16:29):
Actually he actually he gave up, he surrendered, and he
was given twenty years in jail. He did eighteen of
those years and then died soon after he was released.
I mean he spent eighteen years. I think it was
a maximum security prison. So the President announced that we
went ahead and captured Noriega. Is being brought to the

(16:51):
United States, violation of our laws in terms of drugs.
No Diego saying he's a probably will say he's a
prisoner of war or the United States won't buy that.
The argument is that the United States views in nor
Diega as the non legitimate president of Venezuela. I'm sorry,

(17:12):
sam Oh, I'm sorry, Maduro, thank you for that. There's
a lot of names there where he is not the
legitimate president of Venezuela because the last election, which he
lost handily, I mean there was no it was overwhelming loss. Well,
he undid the election and simply had himself sworn in

(17:35):
again as the president. The President Trump also talked about
regime change and for the first time said Yep, there
will be regime change. We the United States are already
in there, and we will control, we will rule, we
will govern the country. The plans have been in place

(17:56):
for months. And the press and defended himself anyone in
some political stuff, which you know, I was pretty interested.
I was riveted to what happened militarily, what is happening
politically in Venezuela, the basis of going in the complicity, uh,
the indictment, I mean, it was pretty extraordinary. The specifics

(18:21):
as to how many forces were brought in, how it
was done, an attack by many members of the military
across the Marines and the Air Force, and the CIA
was involved, the NSA National Security Agency, it's it was
across the board, months of planning in which it involved

(18:45):
various parts of the government, massive parts of the government,
and the Chairman of the Joint Chiefs, Dan Caine, described
in detail what was going on, and it's The President
also talked about there's a new strategy, and that's American
dominance in what the Western hemisphere. We in fact have

(19:07):
now become the policeman, at least of the Western hemisphere.
There was a real argument that even Trump followers MAGA followers,
and the President had said, we are not going in
for regime change. We are America first, America only. Well,
he's turned that one on its head because the thought

(19:28):
of invading a foreign country by the United States forces, well,
that is something that was foreman, that was foreign to us.
The Chairman of the Joint Chiefs talked about the operation
was called Absolute Resolve. Every component of the military and

(19:50):
the government, the civilian part of our government was involved.
As I said earlier, one hundred and fifty aircraft hitting
multiple targets from over twenty bases from in the Caribbean.
And here's the other interesting part was and this is

(20:11):
the kind of intelligence that the United States had because
they had operatives, they had the CIA in there, and
they had intelligence forces basically spies. And the Chairman, Dan
Kane said, we knew where he was going, we knew
his pattern, we know where he ate, we knew what

(20:34):
he wore, we knew where he went and what time
he went to bed. We figured out the pattern of
this man to just to the specific moment, and figuring
out when and how was done with extraordinary precision. President

(20:55):
Trump described that Maduro was on his way as soon
as the attack happened, was on his way into the
safe room of the palace, which had these huge steel doors,
and Maduro was on his way into that and was
captured before the doors closed. I mean, it is extraordinary.

(21:17):
So now we wake up to what is going on
in Venezuela. There's also a picture that was released by
the President of Maduro and probably aboard the aircraft that
was taking him to the Ogima, and he is in handcuffs.

Speaker 3 (21:32):
He's holding a water bottle.

Speaker 2 (21:34):
He has sunglasses on and I don't know if glasses
that obscure the lights so he can't see. He's got
headphones on and I'm assuming that so he can't hear
whatever is going on. And he is going to be
brought to trial. And as Marco Rubio said, and I

(21:57):
think the President also said, this is the Madua could
have could have left negotiating. The negotiations were going on.
President Trump had a conversation with Maduro on the phone
and said, you have to surrender, you have to leave,
you have to give up your governance. And Marco Rubio
said he decided that is Maduro decided nope, he wasn't

(22:22):
going to give it up. And I'll bet you. This
is a great line that President Trump said. I'll bet
you's thinking. You know, he made a mistake there, I
paraphrasing there. It didn't work out so well for him.
All Right, we're gonna go back to regular programming and
we'll pick this up. If any more news happens during
the day, we will cover it. Certainly. This is KFI.

(22:45):
Let's check in with traffic in the k in the
KFI Traffic Center.

Speaker 1 (22:49):
You're listening to Bill Handle on demand from KFI AM
six forty.

Speaker 2 (22:55):
Welcome back Handle on the law. Bill Handle here marginal
legal advice. Hey, Diane, welcome to Handle on the Law.

Speaker 4 (23:04):
Yeah, mister Bill, I've been dying to ask somebody about this.
I am a registered nurse and I worked for a
profit hospice company.

Speaker 2 (23:13):
Okay, so when you stop, you, hey, you haven't been dying.
The patients have been dying. Do I have that right?

Speaker 4 (23:19):
The patients had been dying?

Speaker 2 (23:20):
Okay, got it. I was a little confused there for.

Speaker 3 (23:22):
A minit and okay.

Speaker 4 (23:23):
They called me and offered me the job. And I
was probably nine years ago, I would say now. But
when the company, it was a brand new company, and
so they wanted me to work Friday from five pm
until Monday eight am. Now, this is just being on call.
And at that time, we only had like thirty patients.
So I was like, yeah, sure, that doesn't sound too bad. Well,

(23:46):
through the five years that I was there, the company
grew and grew and grew, and we had well over
one hundred patients and I was still the only person
seeing these patients for those sixty hours on the weekend,
and I would be begging for help because they would
get upset with me on Monday morning because I couldn't

(24:06):
turn in all my paperwork and I'm like, it's impossible.
I can't get all this done. I had three deaths,
I had three admissions. I can't get all this done.
It's a sixty mile radius, also, let me say. And
so at the end they fairly let me go because
I couldn't finish my get my work done on a Monday.

Speaker 3 (24:28):
Blah blah blah.

Speaker 4 (24:29):
I'm still so mad about that. Was there any way
I could have sued them for making me work all
those hours back?

Speaker 2 (24:36):
No, No, because they're not. No, because you can always leave.
I mean, it's not like they tied you up. However, Well, No,
that's true. Yeah, they're in violation of so many labor
laws that it's worth calling and just complaining, filing a
complaint about them asking you to work all those hours.

(24:56):
Did you get paid over time, by the way, time
and a half at least? Oh? Yeah.

Speaker 4 (25:00):
And see part of the reason they let me go,
I know, is because everybody there was on salary, I
was the only person that That doesn't matter.

Speaker 2 (25:08):
They can let you. They can let you go for
any reason they want. It's a will estate and I've
said this over and over again. They can let you
go for any reason, no reason.

Speaker 3 (25:17):
What they can't do is, yeah, they can't discriminate.

Speaker 2 (25:20):
They can't let you go because you're black, or you're
a Catholic, or you know your gender issue and those
are handicapped. They can't do that. But interestingly enough, even
if they do that and you are, they'll come up
with another reason. And if they come up with any
other reason, you're out of luck. So now what you
have is a complaint to the labor board and just

(25:41):
file it and see how far back they're going to go.
And they're going to say, prove it, and you're going
to say, here are the hours, here's the pay, here
I'm assuming this is all documented.

Speaker 5 (25:51):
Right, yeah, yeah, okay, and.

Speaker 2 (25:54):
Then you go and then you file. It's the Department
of Industrial Relations, State of California Wage and Enforcement Division,
that's who you want to contact. They'll send you forms
and just go just go to town because there are a
lot of violations and I think you're going to get
a chunk money there.

Speaker 4 (26:12):
Oh lovely, okay, listen, thank you very kindly, missus.

Speaker 5 (26:14):
You're welcome. Yeah.

Speaker 2 (26:15):
And oh, incidentally, how long do the patients last when
you're hospicing?

Speaker 4 (26:22):
You know, it's because we are for a for profit.
We would have pace.

Speaker 6 (26:29):
We could have.

Speaker 2 (26:29):
Patients for a year.

Speaker 4 (26:30):
As long as they're declining, okay, we keep them on
as patients. So there's some that we had for a year,
some that I walked in and they passed away, you know,
so it was really curious. I couldn't give you another.

Speaker 2 (26:42):
Hey, do you wave and say goodbye? I do? Okay, Hey,
nice talking to you. We'll see you on the other side.
All right, Diane. I've always wondered about that. Steve Hi,
Steve welcome Hi.

Speaker 5 (27:00):
I purchased a phone or a promo deal for a
big company and it turned out that it was a
total scam. They just they took all my personal info
like social Security number and all that to run a
credit check. And they've been in my phone ever since,
and somebody put a conservatorship on my inheritance from like
oh whoa, whoa, whoa.

Speaker 2 (27:18):
Okay, hold on, you bought the phone from a major phone.

Speaker 3 (27:24):
System and we're a major supplier.

Speaker 2 (27:26):
It wasn't just it wasn't a scam that someone pretended
to be that company.

Speaker 5 (27:33):
No, it was right there in the store with the
with the man.

Speaker 2 (27:37):
Okay, so it was hacked.

Speaker 5 (27:39):
Yeah, okay, anytime, all right, anytime I try to get
a new phone since I don't have any credit because
I'm so screwed because I'm homeless. They they're already in
my phone. Like the phone, come to the last phone
I got, has like four hundred and two apps on it.
It monitors everything I do. Everything.

Speaker 2 (27:55):
Oh you've got and you've gone, and you've gone in
the store and said I need help here, and they
won't get you any and they won't give you any help.

Speaker 5 (28:04):
The new manager told me that he doesn't know who
I'm talking about. And there's an employee there, the kid
that was there when I purchased it, and he's all,
I know, I know who that guy is.

Speaker 2 (28:11):
He got Well, I mean, if you have the proof,
if you if you're on the system, if you're on
the system, a manager can't say I don't know who
this guy is. It's right there, I have.

Speaker 5 (28:21):
The I have their contract, and yeah.

Speaker 2 (28:23):
That's crazy. For a manager to say I don't know
who this guy is is crazy. So something's going.

Speaker 5 (28:27):
On the billing, Like the billing that they send to me,
it's it's not even going to the company it's supposed to.
It's just going to someone's bank account.

Speaker 2 (28:34):
All right, Well, clearly you've been hacked. You've been hacked,
and you are That's that's precisely what happened. And it
may not necessarily be the phone company's fault. Matter of fact, it.

Speaker 5 (28:48):
Probably I don't blame the phone company.

Speaker 2 (28:50):
I know you just understand you need but they're the
ones that are going to help you on this because
it's their phone and it's their line that you have.
And you've got to go to the phone, back to
the phone company, and go as high up the food
chain as you possibly can on this.

Speaker 5 (29:06):
Steve, what's what's the best way for me to do
that in San Diego.

Speaker 2 (29:10):
Uh, walk into a store and go could I speak
to a manager please, another store, not the one you've
been going into, explain the situation, and say, here's my problem.

Speaker 3 (29:22):
I've clearly been hacked. What do I do?

Speaker 2 (29:25):
Because you're not the first one that's had this issue?

Speaker 5 (29:29):
Okay? And then what about for like my conservatorship and stuff?
I think, I mean, they've be getting a lot of
money in my.

Speaker 2 (29:34):
Okay, hang on a minute, there's a conservatorship on you.

Speaker 5 (29:39):
Yeah, from my dad. My father had just found out.

Speaker 2 (29:41):
Okay, who's the who's the conservator.

Speaker 5 (29:46):
It's a the law firm. They say it's out of Phoenix, Arizonakay,
you got.

Speaker 3 (29:50):
To contact the law firm.

Speaker 5 (29:52):
Steve the number, the number in the address for the
law firm. Isn't that law firm?

Speaker 2 (29:57):
It kind of found the number the number, Okay, then
you find Okay, then something this Okay, this whole thing
is screwed up because you're saying the phone is hacked,
the law firm is something else. But the conservatorship was
years ago, right, Yeah, Okay, it's a lot of this
doesn't make sense. But you have to find the company
or the law firm. That's handling the conservatorship. Get them

(30:18):
on board. Yeah, you got to mess on your hand.
That's all you can do. I mean, there's no place
I can go with that. I have no idea. H Richard, Hi, Richard, Hello, Bill, Yes,
what can I do for you? Okay?

Speaker 5 (30:35):
I'm calling to see if there's a standard formula for
reimbursement to a success or trustee.

Speaker 2 (30:41):
No, there is no standard. The word that what it
is is reasonable reasonable amount, and it depends on where.

Speaker 3 (30:50):
It depends on how where do you?

Speaker 2 (30:54):
Where do you? I assume it's here in southern California, right.

Speaker 5 (30:58):
Yeah, we're out in the house. Is in Orange County.

Speaker 2 (31:01):
Okay. So you look at what trustees, lawyers, et cetera
a charge for handling trusts in southern California, and it's
several hundred dollars an hour if you're a professional, and
if you're not, you just go and you ask around.
You know, I would ask a law firm. I would
ask your bank what is the reasonable amout? Because a

(31:24):
bank is a trustee in many cases too. So you
just sort of or you just do a search and
say reasonable amount for a trustee to do a trustee
work on a trust, and you'll find that in southern California,
maybe it's two hundred bucks an hour. You go to Appalachia,
maybe it's forty bucks an hour. It depends. But the
word is reasonable and as long as and if you

(31:47):
pay yourself a reasonable amount of money unless it is
specified in the trust where the trustee gets X dollars
an hour for doing the work and cannot spend more
than ten hours or cannot get more than let's say,
three hundred or eight hundred dollars in any given month.
So it depends on how the trust is written, and

(32:09):
if it's silent on it, it's reasonable. It's just the
word reasonable, all right. So there's no like set standard now, no, no,
there is not. So give it a shot, do some research.
That's all you can do. This is handle on the law.
This is handle on the law. Marginal legal advice. Debbie, Hello, Debbie, welcome,

(32:35):
Hi Bill, Hi.

Speaker 6 (32:36):
I have an apartment building in that that had some.

Speaker 2 (32:40):
Are you on by the way?

Speaker 3 (32:41):
Are you are you on a speaker by any chance?

Speaker 6 (32:44):
I'm in with my earphones, the iPhone.

Speaker 2 (32:48):
Okay, yeah, all right, now usually I go get off
the you know, the blue che want me to ibs
he'll probably be a little cleaner.

Speaker 3 (32:57):
Okay, all right, now that was worth second?

Speaker 2 (33:00):
Can I do for you?

Speaker 3 (33:01):
Go ahead?

Speaker 6 (33:02):
Okay, So I have an apartment building that had a
water damage leak in the ceiling. We call the company
and the guy that the contractor h came in and
cleaned the whole place up. It was a P five,
which means that everything in the apartment had to be
taken out, including the heater or the floor is everything.
He was supposed to send the bill to the insurance company.
I have not paid him a dine for that yet,

(33:22):
and he keeps coming up with excuses why he's not
going to build. I mean, when he's going to build
the insurance company. I don't know what my liability is
with this guy.

Speaker 2 (33:31):
Well, he doesn't have to submit to the insurance company.
There's no law that says he has to submit. He
can just hand you a bill and sue you. Uh.
And if you're liable, you're liable. I mean, who was
responsible for the leak it was in? Uh? Uh?

Speaker 3 (33:47):
It's you are You're there.

Speaker 2 (33:50):
You're the owner of the building. Do I have that right, Debbie? Correct? Okay,
he hasn't you And it's why don't you submit to
your insurance company.

Speaker 4 (33:59):
He won't give us a bill.

Speaker 2 (34:00):
That's it doesn't matter. You tell your insurance company. Let
them worry about it. If he did give you a bill,
all we can do issue you, and if he sues you,
you turn you go ahead and turn it over to
your insurance company. Is it all repaired?

Speaker 3 (34:14):
Is it all repaired?

Speaker 7 (34:14):
Now?

Speaker 6 (34:15):
Everything's done?

Speaker 2 (34:16):
Okay? And you paid for it? And who paid for it?
Who paid for it?

Speaker 3 (34:21):
I'm sorry?

Speaker 2 (34:23):
All right? So they hold on. They repaired it with
and nobody paid for it? Nope, okay, did you so
when they came out and repaired it, was there a
contract that they had with you?

Speaker 3 (34:35):
Did they give you a bid? And did you say
go ahead?

Speaker 7 (34:39):
No?

Speaker 6 (34:39):
No, he didn't repeat, didn't give me a contract for
the He just repaired it.

Speaker 2 (34:43):
He just repaired it. All right, Fine, then it's repaired.
Then don't worry about it.

Speaker 6 (34:48):
And there's done. And my insurance says they've actually closed
the file, because okay.

Speaker 2 (34:53):
Then that's his problem. And if he sues, and if
he sues you, you turn around and you submit to
your insurance company because they'll reopen the file.

Speaker 6 (35:05):
They told me they have two years to put a
claim in, and I put a claim in, but they
had I have two years to get to get the
bills to them, and it's almost been a year.

Speaker 2 (35:12):
Well, the problem is going to be your If he
doesn't act on it, then your two years to put
the claim in. You're going to argue I can't put
a claim in because he paid for it and he
will not give me any information. So and you have
no contract with a contractor so the bottom line is

(35:34):
just hang loose. You know he paid for it, and
you know, good for him.

Speaker 3 (35:39):
All right, That's what I would do.

Speaker 2 (35:41):
And then if it does come down, talk to the
insurance company say hey, it's not putting a claimant in
two years is not negligence on my part. I just
couldn't get the money or I couldn't get the bill. Kathy, Hello, Kathy,
welcome to handle on the law.

Speaker 5 (35:58):
Hi.

Speaker 7 (35:59):
Yes, I found Chapter seven bankruptcy and it came everything
was discharged. And what I want to know is my
two brothers had me as their trust trustee and I'm
the one that's going to receive their homes and their

(36:20):
bank accounts.

Speaker 2 (36:21):
And how long? Yeah, how long? When was the trust
written in which you are going to receive this money
this year, and well, yeah, I think you're okay, okay,
because at the time of the bankruptcy you did not
you were not a beneficiary of the trust. Correct.

Speaker 3 (36:39):
No, I think you're fine.

Speaker 2 (36:41):
I think you're fine because when you went bankrupt, you
had no assets and you couldn't say that you were
a beneficiary because you weren't until after the bankruptcy. I
think you're going to be okay. I think you could still.
And by the way, they people don't come back anyway.
It's not one of those things where you know, how

(37:02):
long is it going to be? You're you're going to be.
You're the true you are the beneficiary. It's two brothers.
They own the home.

Speaker 3 (37:10):
They own the property together.

Speaker 2 (37:12):
Okay. How old are they?

Speaker 7 (37:13):
Oh it's two separate, too separate?

Speaker 2 (37:15):
And they okay, how old? How old are they?

Speaker 7 (37:18):
And they're eighties, eighty eight and eighty five.

Speaker 3 (37:21):
Okay, so they're old enough so they could die anytime.

Speaker 2 (37:23):
Are they healthy?

Speaker 7 (37:25):
No, they are in hospits.

Speaker 2 (37:27):
Oh so you're about to uh yeah, okay. Can the creditors, Yeah,
they can argue that that the trust was written to
avert the U to get around the bankruptcy.

Speaker 3 (37:44):
When you went bankrupt, how much did you owe? How
much in debt were you?

Speaker 5 (37:49):
Oh about about fifty thous okay?

Speaker 2 (37:53):
And what are what are the properties worth?

Speaker 7 (37:57):
Oh? I know one is was probably won me again
something wow, Okay.

Speaker 2 (38:04):
I don't know if they're going to go after you.
I don't think so. I think, especially for a fifty
thousand dollars debt. I mean, if we're talking millions of
dollars and all of a sudden, you know, two months
after the bankruptcy you receive a few million dollars either
worth of property, your money, someone may take a look
and go, let's let's look at this a little bit

(38:25):
more carefully. But I don't think I don't think so.
And there's nothing you can do now anyway, because it's
already been discharged. Andrea, Hello, Andrea, welcome, Hi Bill.

Speaker 8 (38:39):
I need a referral to an attorney who handles cases
with people that have mental disabilities. My son has has Yeah,
I was in court and I've been in court trying
to get help for him to get if he doesn't
need to be in jail, he needs to be in
in a hospital.

Speaker 3 (38:59):
What was what was he arrested for?

Speaker 8 (39:02):
And he was arrested because he was stocking. They called
that stocking because he came to my home. He had
nowhere else to go, and I have a restraining order
for him not to be here that I cannot let
him in my house.

Speaker 2 (39:21):
All right, So you called Andrea, you call the police,
correct that he violated a restraining order?

Speaker 3 (39:30):
No, who called the police? Who called the police?

Speaker 8 (39:36):
I guess one of the neighbors.

Speaker 2 (39:38):
I don't know.

Speaker 3 (39:38):
I know there's a restraining order that you have against them.

Speaker 2 (39:42):
Do they have a restraining order?

Speaker 8 (39:44):
She has a restraining order, and she also has the
fact that he didn't report to probation. But he's mentally ill.

Speaker 2 (39:53):
Okay, what is a hold on a minute? He was
on probation for what for stocking?

Speaker 8 (40:00):
But they call stocking because.

Speaker 2 (40:04):
Yeah, yeah, okay, Uh, well the uh, the state has programs.
I don't know of any attorney who would do that,
because there's you don't have any money to pay an attorney.

Speaker 8 (40:16):
And unless I'll get my bill, I just don't want
my son to end up in jail again and not
get to help me.

Speaker 2 (40:23):
Yeah. I would start looking. I would start doing an
internet search because there are organizations, uh, and the state
may even have issues with people who are incarcerated and
have severe mental issues. Has he been determined to be
mentally ill? Has he ever been locked up for mental illness?

Speaker 3 (40:45):
Has treated?

Speaker 8 (40:46):
They threw on it to patent State hospital that the public.

Speaker 2 (40:54):
And so Andrea call. What I would do is uh
call the state And I'm trying to figure out who
you would I think there's a department. Well, there certainly
is a department of health, and there is certainly divisions
I deal with mental health and ask them where where
to go?

Speaker 3 (41:12):
I don't know many attorneys that deal with that.

Speaker 2 (41:15):
That's a very specialized, very specialized field of law, dealing
with those people that have mental illness and have issues
with the and have issues with the court system.

Speaker 3 (41:28):
All right, before we bail, a quick word about your
bad breath?

Speaker 2 (41:33):
Now?

Speaker 3 (41:33):
Do I know you have your breath? Bad breath?

Speaker 7 (41:35):
Na?

Speaker 2 (41:36):
You probably don't because you never go to sleep, awake up.
Do you have morning breath where you don't drink coffee? Well?
I do. And you never eat foods that are spicy.
All you eat is bland food, mainly dog food, which
has no spice at all. Well, let me tell you
eat garlic and onions and spicy food. I mean, obviously
the bad breath happens in your mouth, but then it's

(41:59):
still licking onions that go down in your stomach, and
that causes a lot of bad breath right from your stomach.
And a lot of people don't know that. But let
me tell you about Zelman's. Zelman's mintymouth far more than
a mint, because it takes care of the mouthpart. It's
a little capsule that has a nice strong minty coating
new flavor spearmint, by the way, And not only does

(42:23):
it work in your mouth, but then you swallow it
or bite into it when the mint part is finished,
and it goes to work in your gut, in your stomach,
and it's hours and hours of fresh, clean breath so
you don't smell like the wrong end of a rhinoceros
in heat. Zelmons, you can't get it at Walmart, you
can't get it at Costco, or you can't get it
at Smart and Final.

Speaker 3 (42:45):
But you can get it on the website. Go to
Zelmans dot com.

Speaker 2 (42:49):
Z E L M I N S. That's Zelman's dot com.
Zelmans dot com. This is handle on the law.

Speaker 3 (43:00):
You've been listening to the bill Handle Show.

Speaker 2 (43:01):
Catch My Show Monday through Friday six am to nine am,
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